FAQ in the category of Ijtihad

1 Marrying more than one woman

Conditions of marrying more than one woman:Islam set forth some conditions for marrying more than one woman. Those conditions are as follows:
1- To deal justly among the wives. This is limited with the human capability; it includes being just in food, clothes, housing, interest and treatment. However the Quran denotes that it is very difficult: "...if ye fear that ye shall not be able to deal justly (with them), then only one, or that which your right hands possess" (an-Nisa, 4/3). So if there is a fear that one cannot deal justly or one can oppress, then the principle of being content with one woman becomes valid. However, justice does not include issues like liking, inclination of the heart and love, because they cannot be controlled. Islam does not place a burden on man greater than he can bear. However, it is forbidden to incline to one of the wives extremely and deprive the others from love. The following is stated in a verse: "Ye are never able to do justice between wives even if it is your ardent desire: but turn not away (from a woman) altogether, so as to leave her (as it were) hanging (in the air).” (an-Nisa, 4/129).
When the two verses above are evaluated, we can draw the conclusion that polygamy is not an essential rule but a permission that can be used when extraordinary conditions are present.  
2- To be able to maintain the family. In Islam, it is necessary for a man who wants to marry one woman or more to be able to meet the eating, drinking, clothing and housing expenses of her or them. The Prophet (PBUH) said the following: O young men! Those among you who can support a wife should marry " (Bukhari, Sawm, 10, Nikah, 2, 3, 19; Muslim, Nikhh, 1,3; Abu Dawud, Nikah, I; Ibn Majah, Nikah, ; Nasai, Siyam, 43). There is no doubt that the hardship of marriage lies in the expenses of the wife.
The reasons why Islam permits polygamy:
In Islam monogamy is essential and polygamy is exceptional. It can be used only when it is necessary or compulsory. Islam did not make polygamy obligatory for anybody, nor did it encourage polygamy. However, it is regarded permissible when there are some general or special reasons.
General reasons: In some regions the male population decreases and female population may increase above normal. During the time of wars it is more frequent. As a matter of fact, after the World War I in Germany, there were four or six women for one man. Then German women advocated that men should marry more than one woman. In such a situation polygamy serves to protect women from prostitution, to provide them with a warm home and to guard fatherless children.
Sometimes it may be necessary to marry more than one woman to increase the population in some regions; for instance, the death of most of the population in war.
There may be polygamy in order to spread Islam. So the Prophet was married to one woman Hazrat Khadijah until he was 54 and had 9 wives after that. (az-Zuhayli, VII, 169, 170).
There are a lot of special reasons:
1- The woman may be ill and cannot meet her husband’s sexual needs. It may be a gynecologic disease that cannot be cured; the woman may be barren and cannot bear a child. In such a case divorcing the diseased wife and marrying another may seem to be a solution but instead of sending her away from her children’s home, marrying a second woman with the consent of the first wife should be a better solution. Thus the rights of the first wife are preserved.
2- Some men may have fallen in love with another woman. The only way to prevent him from adultery is the second marriage.
So, the fact that polygamy is permissible is due to obligation, necessity, illness or a valid cause.

Love and polygamy

Islam advises spouses to love each other in a legitimate way. However, it does not want that love to be confined to this world only but to become eternal. It defines some criteria for it. One of them is to love someone for the sake of Allah, because everything depends on Allah and belongs to Him. He is the owner of all estates. He who loves the people he loves for the sake of Allah makes his love eternal and guarantees it. Death and partings cannot cause the disappearance of that love.
A man who thinks of marrying more than one woman can marry only if he is determined to act equally among his wives in terms of treatment, spending the night with, justice, clothing, meeting their necessities and other issues and if he needs a second marriage Otherwise it is not permissible. If he does not observe these conditions he will have committed a haram (a forbidden act) and violated other people’s rights.
Allah permitted marrying more than one woman in the Quran. However, it demanded monogamy in cases where there may be injustice. Therefore we can easily say that marrying more than one woman is not right unless it is obligatory. We see that treating all of the wives equally is almost impossible, at least very difficult and that not every man can do it.
However, a person who thinks that a second marriage is obligatory can marry with the presence of witnesses and it is not compulsory for him to inform his relatives about it.
POLYGAMY
"A man who has two wives and who is completely inclined to one and who ignores the other emerges with one side of his body paralyzed in the Day of Judgment." (Hadith; Ibn Majah, Nikah, 47; Mishqatl’l-masabih, 2/196)
Antique Egypt Law: A man could marry more than one woman under some circumstances.
Babel Law: according to Hammurabi laws if a woman could not bear a child or had a serious disease the husband could have a concubine.
Chinese Law: If the wealth of the husband were sufficient, he could marry secondary wives. However, the children from the secondary wives were regarded as the children of the first wife.
Antique Brahmans: According to the book Vichnou, men could marry one, two, three or more women in accordance with their classes. In the book Apastamba there was a limit; if the woman carried out her tasks and she had a male child, the husband could not marry a second woman. In the laws of Manu, the husband had to choose his first wife from the same social class; he could marry a woman of lower classes as his second wife.
Ancient Iran: Polygamy was legal.
Roman Law: It was possible to have a concubine, without a legal wedding.
The Bible: It is stated in the Old Testament that Hazrat Dawood married several women. There are some other places that mention polygamy in the Old Testament. There existed polygamy in Judaism.
In the New Testament, there is not an item prohibiting polygamy. However there are recommendations that it is better to be content with one wife.
In Christianity, polygamy was normal until the 16th century.
Arabia before Islam: There were no limitations regarding polygamy. Men could marry as many women as they wanted; sometimes they even exchanged their wives. 
POLYGAMY IN ISLAM
Allah states the following:
"If ye fear that ye shall not be able to deal justly with the orphans, marry women of your choice, two, or three, or four; but if ye fear that ye shall not be able to deal justly (with them), then only one, or that which your right hands possess. That will be more suitable, to prevent you from doing injustice." (Chapter an-Nisa / 3)
It is seen clearly in the verse that marrying more than one woman 2, 3 and finally 4 is not an order that has to be carried out like fardh or wajib (compulsory) but permission. However, this permission depends on dealing justly among the wives. It is stated that being content with one wife is the closest and rightest way to justice; it is ordered that a person who fears that he won’t be able to deal justly has to be content with one wife.   
PRINCIPLES OF ISLAM REGARDING POLYGAMY
1) Limitation of the number: Islam put a limitation to the limitless marriages of men during the period of Jahiliyyah (Ignorance). After Allah sent down that verse, acting on the order of the Messenger of Allah, those who had more than 4 wives divorced the extra ones.

2) Dealing justly among wives: It will be in eating, drinking, clothing, housing, intercourse and love. However, it is very difficult, almost impossible to deal justly in terms of love. Various physical and psychological characteristics will cause differences in the level of love. No matter how hard he tries to deal justly, it is almost impossible for a man to achieve it.
Allah states the following:

"Ye are never able to do justice between wives even if it is your ardent desire: but turn not away (from a woman) altogether, so as to leave her (as it were) hanging (in the air). If ye come to a friendly understanding and practice self-restraint, Allah is Oft-Forgiving Most Merciful." (Chapter an-Nisa/ 129)
In this verse, Allah exempts men from dealing absolutely justly in terms of love and liking. However, he prohibits men from inclining totally to one and ignoring the other(s), and He orders men to do their best to deal justly. The following is stated in a hadith: 

"A man who has two wives and who is completely inclined to one and who ignores the other emerges with one side of his body paralyzed in the Day of Judgment." (Hadith; Ibn Majah, Nikah, 47; Mishqatl’l-masabih, 2/196)
A woman does not consent to share his husband with another woman under normal circumstances, and no woman would like to marry a married man unless she has to.

It is a necessity of belief that polygamy is right. However, to believe it does not necessarily mean for a woman to consent to the second wife and approve it.
No believer father would like his son-in-law to marry a second, third or fourth woman along with his daughter. The jealousy nature of the woman and the affection of the father prevent it. As a matter of fact,

The daughter of our Prophet, Hazrat Fatima, objected to his husband’s, Hazrat Ali’s, marrying to a second woman. If it weren’t permissible to object Hazrat Fatima, who was brought up by our Prophet, would not have objected. The Messenger of Allah would have warned her and ordered her to consent to her husband’s wish. However, it did not take place like that. On the contrary, the Messenger of Allah, who saw that his daughter was sorry, asked Hazrat Ali to give up his wish and told him that if he did not give up, he could marry another woman after divorcing Hazrat Fatima. He did not consent to Hazrat Ali’s second marriage and to depress his daughter.
By considering that act of the Messenger of Allah, it can be stated that Muslim daughters and fathers may object to the second marriage of the husband or son-in-law.

To sum up: Islam neither orders nor prohibits polygamy. It only permits it when it is necessary. There is no need to say much after narrating the happening above.
References:

1) While preparing this article we mostly referred to the book "İslamda Kadın Hakları" by Mehmet Dikmen. 
2) Elmalı Interpretation (Tafseer)

2 What is the importance of ijtihad-in Islam, the act of deducing secondary judgments from the Quran and Hadiths-the sayings of Prophet Muhammad (pbuh)?
3 Who is mujtahid-the performer of ijtihad, which is the act of deducing secondary judgments from the Quran and Hadiths-the sayings of Mohammad (pbuh)?
4 What is Ijtihad? What are its conditions?

Ijtihad literally means making a great effort with might and main in order to accomplish a difficult and exhausting duty.

Terminologically, it means endeavoring with might and main to clarify the subjective judgments, which are not fortified by exact and clear proofs; i.e. deducing or inferring judgments from the religious laws of Islam, which are fixed and clear as they are based on the Quran, hadith, and ijma -consensus of the community of Muslims.

The Holy Quran is a treasure of endless abundance and blessings; it is based on pre-eternity and gives information about eternity. It is endless and limitless in knowledge and mystery. The learned persons in each century have from it as much as their understandings allowed, and will continue to do so up to the Day of Judgment. The community of the Prophet Muhammad (peace be upon him) have benefited from the Quran both physically and spiritually, and they will do so in the future.

The Holy Quran is concise and full of fine points; and it is a bountiful treasure containing lots of principles and rules.

Allah states the following in a holy verse:

“…Nor anything fresh or dry (green or withered), but is (inscribed) in a record clear (to those who can read)”

Badiuzzaman Said Nursi interprets this verse as follows:

“According to one interpretation, the Clear Book or Record consists of the Qur'an. This verse states that everything, fresh or dry, is found within it, is that so? Yes, everything is found in it, but not everyone can see everything in it,  for those are found at different levels. Sometimes the seeds, sometimes the nuclei, sometimes the summaries, sometimes the principles, sometimes the signs, are found either explicitly, or implicitly, or allusively, or vaguely, or as a reminder. One of these forms is expressed according to need, in a manner suitable to the purposes of the Qur'an and in connection with the requirements of the position.”

If everything the humanity will face until Doomsday were clearly present in this divine treasure, then the Quran would be a thousand times thicker than it is now.

As Imam Sharani says,

“If our Prophet (pbuh) had not explained the fine points in the Quran, then the Quran would remain as compendious expressions. Likewise, if the mujtahids - the performers of ijtihad- had not explained the intense and fine points in the Sunnah, it would remain as compendious expressions."

As is known, the closest deed to acceptance in the sight of Allah is the one that is the hardest.

The hadith: “The most virtuous of deeds is the hardest” is a proof of this.

Ijtihad is lofty knowledge that calls for a difficult search and a deep inquiry and it is a sacred duty for the people capable of it. It is concerned with all the states and deeds of human beings. This can be achieved not with word of mouth, but through being a rightful heir to our Prophet (pbuh).

5 What is ijma-agreement? Can you explain it?
6 What are the segments of the injunctions of Sharia?
7 What is the issue of perfection-to act with perfect attention and utmost care- and permission-permissible ease in action in case of a hardship, can you explain?
8 What does mukallit-imitator mean in the Islamic terminology? Can you explain?
9 How is Ijtihad-in Islam, the act of deducing secondary judgments from the Quran and Hadiths-the sayings of Prophet Muhammad (pbuh) - in a certain way by the gifted people of knowledge- viewed in Islam?
10 Why did the Islamic canon law scholars instead of Ijtihad while the door of Ijtihad is opened (permissible) prefer to subordinate themselves to a Sect and try to convey the particular sects de
11 How was ijtihad- the act of deducing secondary judgments from the Quran and Hadiths- performed in the age of Tabiin-the Believers who saw the Ashab, who are the Believers who saw Prophet Muhammad (pbuh)?
12 Who is the first woman Mujtahid (Jurisprudent) in the world of Islam?

Islam gives great importance to learning and teaching science and knowledge. It can be said that the issue of education is a duty and responsibility rather than a right. The Messenger of Allah always encouraged his companions to learn science and knowledge. As a matter of fact, many companions did not lose the enthusiasm for science and knowledge; they always showed the determination of learning and practicing what they learned.
Among the women of the Age of Bliss, Hazrat Aisha has a different place because Hazrat Aisha was a very intelligent, enlightened and shrewd woman.    
She corrected the mistakes of many scholars of fiqh since she knew the lifestyle of our Prophet very much. She also explained many hadiths perfectly. She could be called the first woman mujtahid.

Hazrat Aisha reported 2210 hadiths from the Messenger of Allah. She is one of the companions that reported the most hadiths.

13 The easy way to make an islamic concensus among all masaliks

Let’s have a look at unity and solidarity in the world.

If human’s body only made up eye which is the organ of sight. We could not taste the real life properly. So, instead of one organ, Allah Almighty created different organs such as foot, hand, head, nose, mouth, etc… and what we call life is appeared miraculously. But if the organ of sight says to other organs: “Come and act as what I do.” Such a statement is both harmful and impossible. Therefore what is the most appropriate statement for the all organs to say is “Our purpose should be one. We all should serve to maintain our body in accordance with our ability.”

Also, different professions of society must be regarded as the different department of an army like the ground, naval and air forces.    

The differences of Islamic communities, tarikahs and schools may be considered like this as well. They are all like the parts of a body. But they should have the same goal; “To serve people for the sake of Allah”. The differentness of the names is not important if the aim is same.

In this case, one of the most important points is not to run down one another. For example if you ask someone; who is the perfect mother in the world? “Doubtlessly my mother” he says. He is right with that answer in his opinion. But this answer never means that there aren’t any other perfect mothers in the world.

 

Similarly, when a question like “which path or temperament is the truest?” is asked you. You have right to say that your path or temperament is the truest. And other groups have right to think that their path or temperament is the truest, either. But no one has right to say: “Only my path is true or my path is the only beautiful one.” If this rule of conduct is understood, the divisions and enmities among groups end up.

And this situation is acceptable for the communities as well. If we deal with this as we mentioned above, we hope there will not be any separations between communities. Because communities are the organs which maintain the spiritual life of the society. They will gain consent of Allah from such an assignment of duties if they all have the same goal.
So as a conclusion, we would like to express that, since every people have the different characters and there are many parts of the religion, there will always be different communities, sections and groups in Islam and so there will always be different opinions (ictihads) and ways. If these opinions and ways are not contrary to the essences of Islam, then all opinions are right and all ways lead the people to the right path and to the consent of Allah.
And for the unity of Islam we say that it is not an obligation to make all ways same, but all ways should be helpful to each other, that is to say, they should not bear a grudge and enmity against each other.
As for your question about how to assemble all the masaliks at one point for a perfect ijtihad;
Among nowadays scholars, Bediuzzam Said Nursi in the Risale-i Nur Collection says that:
“In order to have a right, substantial, objective and all-embracing ictihad, an assembly including an expert team must be constituted. And the experts taking place in this assembly have to be known by all communities as dependable, objective and away from stains. In this assembly there must be as well as the experts such as in the fields of Arabic, interpretation, fiqh (Islamic law), the study of the Qur’an (theology), hadith and etc… also the experts in the fields of what is called positive science such as medicine, astronomy, mathematics, sociology, psychology, history, geography, etc... An ictihad made by these experts coming together, will conduce to both all-embracing, long-lasting and the gathering of all ummahs (community).”

14 Can an apostate (murtad) be killed before he is invited to repent? What is the view of madhhabs regarding the issue?

The view of Ibn Quadama, one of the Hanbali scholars, is not the view of the madhhab. According to the majority of the scholars, it is wajib to invite the apostate to repent.

Murtad (Apostate): A person who exits from Islam based on his own will by expressing clearly that he denies Islam or utters a statement necessitating his denial or doing something that leads to denial.

Execution of an apostate:

Scholars agree unanimously that it is wajib to kill an apostate. For, the Messenger of Allah (pbuh) said,
 
"Kill the person who changes his religion (Islam)."(1)

"It is not permissible to take the life of a Muslim except in one of the three cases: a married person who commits adultery, a person who kills another person unjustly and a person who exits the religion of Islam, abandoning the community." (2)

"A woman called Umm Marwan exited from Islam. The Prophet (pbuh) was informed about it. He ordered them to invite the woman to repent, to release her if she repented and to kill her if she rejected to repent." (3)

According to what is mentioned in the famous hadith of Muaz, the Prophet addressed Muadh as follows when he sent him to Yemen.

"If any man exits Islam, invite him to return to Islam. If he returns, it is all right; if he does not return, kill him. If any woman exits Islam, invite her to return to Islam. If she returns, it is all right; if she does not return, kill her." (4) Hafiz Ibn Hajar states the following about this hadith: "The chain of narrators of the hadith is hasan. It is a nass that is necessary to be accepted as a basis in case of disagreement."

According to Hanbalis, it is possible for a person who has exited Islam to return to Islam; therefore, it is mustahab to invite him to repent and to ask him to return to Islam. If he returns, he is welcomed. If he does not return, the president of the Islamic state checks his state and if it is hoped that he will repent or if he himself wants, he is given three days to think. However, if there is no hope that he will repent and if he does not want any respite, he is killed. The following narration reported about Hz. Umar indicates this practice:  

"Hz. Umar asked a person who came from the Islamic army, “Do you have any recent news?” He said, “Yes, a man became a Muslim but denied Allah after that and we killed him.” Thereupon Hz. Umar said, “Why did you not imprison him for three days and feed him each day with bread. He might have repented.” Then he added, “O Allah’ I was not present there and I did not command it; and I was not pleased with it when I heard it!” (5) Kamaluddin Ibnul-Humam said, "That Hz. Umar stated that he was away from it like that necessitates it being wajib to invite the apostate to repent."  

According to the majority of the scholars, it is wajib to invite three times the man and the woman who exits from Islam to repent. The hadith about Umm Marwan and the narrations that Hz. Umar regarded it necessary to invite the person to repent are evidences for this decree.

In conclusion, it is mustahab to ask the person who has exited Islam to return to Islam according to Hanafis (6) and wajib according to the majority of the scholars. If the apostate has some doubts, the issue is explained to him because it is apparent that a person who has some doubts exits his religion. According to Hanafis, it is mandub to imprison the apostate for three days. He is asked to return to Islam every day during this period. If he becomes a Muslim again, it is all right. If he does not return to Islam, he is killed based on the following hadith: "Kill the person who changes his religion." (7)

An apostate can be killed only by the imam (the president) or his deputy. A person who kills an apostate without their permission is punished.

Footnotes:
1. Kutub as-Sitta books except Muslim, Ibn Abu Shayba and Abdurrazzaq Ikrima narrated it through Ibn Abbas. see Naylul-Awtar, VII, 190.
2. Bukhari and Muslim narrated it from Ibn Masud. Subulus-Salam, III, 231; al-Ilmam, 443.
3. Daraqutni and Bayhaqi extracted it from Jabir; its chain of narrators is weak. Bayhaqi extracted it from Hz. Aisha from another weak aspect. Naylul-Awtar, VII, 192; Nasbur-Raya, III, 458; at-Talkhisul-Habir, Egypt impression, IV, 49.
4. Tabarani narrated it from Muadh b. Jabal in al-Mujam. Hafiz Ibn Hajar said its chain of narrators was hasan. Naylul-Awtar, VII, 193; Nasbur-Raya, III, 457.
5.  Imam Malik narrated in Muwatta and Bayhaqi from Muhammad b. Abdullah b. Abdulqadir through Imam Shafii starting with: "From the land of Abu Musa al-Ash'ari, a man came to Umar al-Khattab..." Nasbur-Raya, III, 460; Naylul-Awtar, VII, 191.
6. al-Kitab ma'al Lubab, IV, 148.
7. Bukhari, Abu Dawud, Nasai, Tirmidhi, Ibn Majah, and Ahmad narrated from Abdullah b. Abbas.

15 Why is ijtihad necessary? Why did madhhabs choose the way of ijtihad when there was a lack of narrations?

In Islamic law, there is no need for ijtihad if religious decrees are based on clear evidences, that is, clear verses and hadiths or ijma (consensus). Majalla expresses it with the following principle: "There is no permission for ijtihad related to issue about which there are verses and hadiths." (item, 14)

However, if the certainty or indication of nass is not clear or if issues whose solutions cannot be found in verses and hadiths appear, it is stated by the Prophet (pbuh) himself that it is necessary to act based on ijtihad (ra’y) when he sends Muadh b. Jabal as the governor to Yemen. 

The Prophet asked Muadh based on what he would decree in Yemen. Muadh said,

"The Book of Allah." The Prophet (pbuh) said,

"What if you cannot find a decree in the Book of Allah?" He said,

"The Sunnah of the Messenger of Allah." He asked,

"What if you cannot find a decree there?" Muadh said,

"I will make ijtihad based on my view." Thereupon, the Messenger of Allah (pbuh) said,

"Praise be to Allah, who made the envoy of His Messenger successful in a way that His prophet will be pleased with." (Tirmidhi, Ahkam, 3; Ahmad b. Hanbal, Musnad, V / 230, 236, 242; Shafii, al-Umm, VII/273)

The number of mujtahids among the Companions is very high because they knew Arabic well and they understood what Allah and His Messenger meant very well due to being together with the Prophet (pbuh) for a long time. However, the number of mujtahids among the Companions from whom decrees and fatwas were reported is about one hundred and thirty. The fatwas of seven of them are so many as to form a separate book each. The Companions that are called Fuqaha-Sab'a are as follows: Hz. Umar, Ali, Aisha, Zayd b. Thabit, Abdullah b. Mas'ud, Abdullah b. Abbas and Abdullah b. Umar (Ibnul-Qayyim, I'lamul-Muwaqqiin, thq. M. Muhyiddin Abdulhamid, Egypt 1955, I/14 ff).

Hz. Umar encouraged Abu Musa al-Ashari to make qiyas and ijtihad in the letter he sent to him. He stated the following to Qadi Shurayh (d. 78/697) regarding the same issue:

"Make decrees by what you clearly understand from the Book. If you cannot know the whole book, decree with what the Messenger of Allah decreed. If you do not know all of them, decree with the decisions of the scholars that are on the true path. If you cannot know all of them, make ijtihad with your view and consult scholars and righteous people." (Shirazi, Tabaqat, p: 7; Ibnul-Qayyim, ibid, I/204).

 

ISTINBAT

Istinbat means to deduce a decree or a reason that has not been determined by nass or ijma from the Quran and the texts of Sunnah through ijtihad.

The word istinbat is derived from the root "nabt", which lexically means to extract water from the ground or a well, to reveal something that is closed and hidden. (Ibn Manzur, Lisanul-Arab, VII, 410-412; Zabidi, Tajul-Arus V, 229-230)

A decree is made through methods like qiyas, istidlal and istihsan; and istinbat is made through ways of finding the reason like illah, sabr and taqsim and munasabah.   (al-Mawsu'atul-Fiqhiyya, Kuwait 1404/ 1984, IV, 111; Nizamuddin Abdulhamid, Mafhumul-Fiqhil-Islami, Beirut 1404/1984, s. 182). Istinbat is narrower than ijtihad, which means (for a mujtahid) to work with might and main in order to obtain the religious decree, in terms of scope, and wider than qiyas. (al-Mawsu'atul-Fiqhiyya, IV, 111; Hayreddin Karaman, İslâm Hukuku'nda İctihad, Ankara, (nd) III, 18)

Istinbat is similar to istidlal. Verse 83 of the chapter of an-Nisa indicates that qiyas and ijtihad (ra’y) is necessary when things about which there is no clear nass occur. There is no need for istinbat related to the issues about which there is nass. Decrees can be determined by nass and sometimes they are placed in nass; to reveal them with istidlal is called istinbat. (Jassas, Ahkamul-Quran, Beirut (nd), III, 183)

This verse also states that not all decrees of minor incidents were explained, that they can be obtained through istinbat, that istinbat is an evidence, that those who are not qualified to make istinbat have to ask those who know and that the Prophet (pbuh) was ordered to make istinbat.  (Elmalılı, Hak Dini, İstanbul 1979, II, 1403 - 1404)

Takhrij is also a kind of istinbat and it means to obtain a decree based on the methods and rules that the madhhab definitely accepts related to the issues about which madhhab imams did not express any decrees. (al-Mawsu'atul-Fiqhiyya, lV, 111)

In Islamic law, istinbat is based on the nass of the Quran and the Sunnah, which are in Arabic. It is not possible to understand those texts correctly and to deduce unerring decrees from them without knowing the types of words in Arabic and the state of the relationship between those words and their meanings. In addition, it is necessary to know the main purposes of Islamic law and the methods of compromising the evidences that seem to be contradictory. Besides, it is necessary to know the method and way of istinbat the Prophet (pbuh) used while interpreting the Quran and imposing new decrees. Thus, it is important to know the rules of istinbat that will be made from the hadiths of the Prophet and that will be determined. (Zakiyuddin Shaban, İslam Hukuk İlminin Esasları (translated by İbrahim Kâfi Dönmez), Ankara 1990. p. 263-264; Fahrettin Atar, Fıkıh Usûlü, İstanbul 1988, p. 169-170).

It is obligatory to know the rules of methodology about the language for deducing decrees for the interpretation of the nass written in Arabic. For, if these rules, each of which is a criterion to understand Arabic phrases, are not taken into consideration while interpreting nass, it will cause the law to be understood incorrectly, the decrees to be known incorrectly and the inability to understand which decrees to apply for various incidents; consequently, rights will be lost. For, a judge applies the law as he understands it. If his understanding is wrong or mistaken, the owners of rights will lose their rights, the people who are wrong will be right, the guilty people will be innocent and vice versa. (Abdulkarim Zaydan, al-Wajciz fi Usulil-Fiqh, Baghdad 1405/1985, p. 275 footnote). The rules introduced for deducing decrees from nass are related to the clarification of explanation (bayan at-tafsir). (Wahba az-Zuhayli, Usulul-Fiqhil-Islami, Damascus 1406/1986, I, 200-201)

Saffet KÖSE

 

MUJTAHID

Mujtahid is an Islamic jurisprudent, scholar and fiqh scholar that deduces decrees based on verses and hadiths. 

Ijtihad, which is derived from the word “jahd”, which lexicologically means strength, power and effort, means to work with might and main in order to obtain something. It is used in the sense of deducing decrees from verses and hadiths through qiyas and similar ways. A fiqh scholar who is qualified to deduce decrees from verses and hadiths is called a "mujtahid". (Zabidi, Tajul-Arus, II, 329; Shafii, ar-Risala, p. 477, al-Umm, VII, 275). Ijtihad is in the form of deducing decrees from religious evidences or it is related to the application of those decrees in social life.

In Islamic law, there is no need for ijtihad if religious decrees are based on clear evidences, that is, clear verses and hadiths or ijma (consensus). Majalla expresses it with the following principle: "There is no permission for ijtihad related to issue about which there are verses and hadiths." (item, 14) However, if the certainty or indication of nass is not clear or if issues whose solutions cannot be found in verses and hadiths appear, it is stated by the Prophet (pbuh) himself that it is necessary to act based on ijtihad (ra’y) when he sends Muadh b. Jabal as the governor to Yemen. The Prophet asked Muadh based on what he would decree in Yemen. Muadh said, "The Book of Allah." The Prophet (pbuh) said, "What if you cannot find a decree in the Book of Allah?" He said, "The Sunnah of the Messenger of Allah." He asked, "What if you cannot find a decree there?" Muadh said, "I will make ijtihad based on my view." Thereupon, the Messenger of Allah (pbuh) said, "Praise be to Allah, who made the envoy of His Messenger successful in a way that His prophet will be pleased with." (Tirmidhi, Ahkam, 3; Ahmad b. Hanbal, Musnad, V / 230, 236, 242; Shafii, al-Umm, VII/273) The number of mujtahids among the Companions is very high because they knew Arabic well and they understood what Allah and His Messenger meant very well due to being together with the Prophet (pbuh) for a long time. However, the number of mujtahids among the Companions from whom decrees and fatwas were reported is about one hundred and thirty. The fatwas of seven of them are so many as to form a separate book each. The Companions that are called Fuqaha-Sab'a are as follows: Hz. Umar, Ali, Aisha, Zayd b. Thabit, Abdullah b. Mas'ud, Abdullah b. Abbas and Abdullah b. Umar (Ibnul-Qayyim, I'lamul-Muwaqqiin, thq. M. Muhyiddin Abdulhamid, Egypt 1955, I/14 ff).

Hz. Umar encouraged Abu Musa al-Ashari to make qiyas and ijtihad in the letter he sent to him. He stated the following to Qadi Shurayh (d. 78/697) regarding the same issue:

"Make decrees by what you clearly understand from the Book. If you cannot know the whole book, decree with what the Messenger of Allah decreed. If you do not know all of them, decree with the decisions of the scholars that are on the true path. If you cannot know all of them, make ijtihad with your view and consult scholars and righteous people." (Shirazi, Tabaqat, p: 7; Ibnul-Qayyim, ibid, I/204)

There are certain conditions in order to deduce decrees from verses and hadiths and to solve the issues that necessitate ijtihad. These principles were determined during the period of the first mujtahid imams as the methodology of fiqh started to be written. We can list the qualifications that a mujtahid has to have as follows:

a) To Know Arabic

The scholars of fiqh methodology unanimously agree on it. For, the Quran was sent down with this language and the Prophet expressed the Sunnah with the same language. The power of a person who makes research in Islamic shari’ah to deduce decrees from nass is directly proportional to his knowledge of the secrets and subtleties of Arabic. Shatibi states the following regarding the issue:

"A person who is a beginner in understanding Arabic is also a beginner in understanding shari’ah. A person who is in the intermediate level in understanding Arabic is also in the intermediate level in understanding shari’ah. He has not reached the advanced level. A person who reaches the advanced level in Arabic reaches the advanced level in understanding shari’ah. Therefore, his understanding becomes hujjah (evidence) in shari’ah just like the understanding of the Companions and the scholars who understand the Quran truly becoming evidence. The understanding of the people who cannot reach the level of them about shari’ah is insufficient based on their level. The view of a person whose understanding is insufficient cannot be a hujjah and it is not accepted by others." (ash-Shatibi, al-Muwafaqat, IV,114)

However, a person who does not know Arabic can understand the principles and determine the field of application related to the issues that are dependent on a meaning or reason like maslahah (public interest) or mafsadah (evil deeds). Most of qiyas ijtihads are like that. (ash-Shatibi, ibid, IV, 162, 165)

The knowledge of Arabic of a mujtahid must include the subtleties of Arabic in general. For, the Quran forms the most fluent and accurate Arabic. Therefore, a person who will deduce decrees from verses has to know the rhetoric, eloquence and secrets of the Quran in order to reach the degree of understanding the decrees it includes.

b) To Have the Knowledge (Ilm) of the Quran

The Quran is the pillar of Islam and the source of religious decrees. The ilm of the Quran is vast. The one who knows it fully is the Prophet. Therefore, scholars say it is necessary to know the subtleties and properties of about five hundred verses that express decrees in the Quran in order to be a mujtahid. It is necessary to know the states of those verses as being amm-khass (general-specific), mutlaq-muqayyad (absolute-conditional), nasikh-mansukh (abrogating-abrogated) and their relations with the Sunnah. On the other hand, it is necessary to know the other verses of the Quran as a whole. For, the Quran is an indivisible whole. One can distinguish the verses of the Quran that express decrees from the others only by knowing the whole Quran.  

Scholars like Abu Bakr al-Jassas (d. 370/980) and Ibnul-Arabi (d. 543/1148) tried to explain the verses of decree in their works called "Ahkamul-Quran". Abu Abdillah al-Qurtubi (d. 671 H.) and as-Sabuni interpreted the verses of decrees in their works called "al-Jami' li Ahkamil-Quran" and "Tafsiru Ayatil-Ahkam" respectively.

c) To know the Sunnah

The scholars agree unanimously on this qualification too. According to those who do not accept that ijtihad can be divided, a mujtahid has to read all of the hadiths that included decrees of obligation, to understand their purposes and to know the properties of them. He has to know nasikh-mansukh, amm-khass and mutlaq-muqayyad of the Sunnah; in addition, he has to know the ways of the narration, chains of narrators and the level of strength of the narrations of hadiths.  

Many books were written about the narrators of hadiths like their biographies, and their states in terms of justice and memory. Sound hadith compilations were formed like Kutub as-Sitta; hadiths were classified based on their chains of narrators as many scholars wrote explanations for those compilations; and the disagreements of Islamic fiqh scholars related to some hadiths were shown. Those hadith works make it easy for mujtahids to decree by referring to them. It is not necessary to know all of the hadiths related to decrees by heart. It is enough to know their places, methods of referring to them and the narrations of those hadiths. (Abu Zahra, Usulul-Fiqh, p., 382 vd).

d) To Know the Issues that are Agreed and Disagreed

It is necessary to know the issues that are agreed unanimously along with the issues on which the Companions, Tabiun and the mujtahids that came after them disagreed. However, it is not necessary to memorize all places of ijma (unanimous agreement/consensus). It is enough to know whether there is ijma or disagreement about the issue that is searched. Along with knowing the methods and differences of the fiqhs of Madinah and Iraq, it is necessary to have the power to reason, understand and evaluate that will enable a mujtahid to compare what is true and what is not, and the things that are close and distant to nass. In fact, to study the views of great fiqh scholars that lived during the time of the Prophet and after that, and to make comparisons among them in terms of their evidences and tendencies will develop a person’s power of reasoning and ability of researching.

Books that explain the issues on which mujtahids agreed and disagreed and the reasons for disagreement were written. Ash-Shirazi’s (d. 476/1083) work called "al-Muhadhdhab" and the explanation Nawawi wrote about it, Ibn Hazm's (d. "456/1063) "al-Muhalla", Ibn Rushd's (d. 595/1199) "Bidayatul-Mujtahid" and Ibn Taymiyya's (d. 728/1327) "al-Fatawa" are among those works.

e) To Know Qiyas (Analogy)

Ijtihad necessitates knowing qiyas with all forms and methods. According to Imam Shafii, ijtihad consists of qiyas only. To know the method of qiyas enables a person to learn the principles of decree and to choose the closest nass related to the issue. To know the following three things is necessary for qiyas:

1. To know the original decree on which qiyas will be based. This must be a verse, hadith or ijma; it is also necessary to have detailed information about them.

2. To know the rules and principles of qiyas. For instance, it is not possible to make qiyas based on nass that is definitely known to express a certain and specific state. It is necessary to determine the reason for the original decree on which qiyas will be based and to search whether the same reason is valid in the new issue.   

3. To know the qiyas methods of the previous mujtahids. Al-Isnawi (d. 772/1370) states the following: "To know qiyas is a rule of ijtihad and way that leads to explanation of numerous decrees." [Al-Isnawi, Sharhu Minhajil-Usul, III, 310 (Next to Ibn Amir's Taqrir) Egypt 1316; Shafii, ibid, p., 477]

f) To Know the Purposes of Decrees

The purposes of Islamic decrees can be understood from the whole nasses, not from a certain nass. The main purpose for all those decrees is to be mercy for people. The following is stated in a verse: "We sent thee not, but as a Mercy for all creatures." (al-Anbiya, 21/107) It is a result of this mercy that difficulties and troubles are abandoned and ease is preferred in Islam. Some difficulties that are ordered aim to eliminate big losses. That jihad was rendered fard is like that. As a matter of fact, The following is stated in a verse:

"Did not Allah check one set of people by means of another, there would surely have been pulled down monasteries, churches, synagogues, and mosques, in which the name of Allah is commemorated in abundant measure. Allah will certainly aid those who aid his (cause);- for verily Allah is full of Strength, Exalted in Might, (able to enforce His Will)." (al-Hajj, 22/40)

While giving fatwas based on maslahah (public interest), it is necessary to distinguish between real public interest and the public interest that originates from the delusions caused by the desires of the soul and the body. Thus, the ability to remove harmful things, to attain useful things and to prefer the things that are useful to all people, in other words, the ability to prefer public interest to individual interest will develop.

g) To Have a Correct Understanding and a Power of Good Evaluation

A mujtahid has to have the ability to distinguish true ideas from the wrong ones. This can be achieved by a correct understanding and a sharp foresight. 

h) To Have Good Intentions and a Sound Creed

The religion of Islam is a religion that can be understood only by people whose hearts are enlightened by belief and sincerity. A person who has a heretic creed pursues bid’ahs and the desires of his soul; he cannot tend toward nass with an impartial heart. Bad intentions make the thought bad too. Therefore, great mujtahids became known for their sincerity and taqwa (piety) before they became famous in fiqh. A sincere person accepts the truth no matter where he finds it; he does not act bigotedly. All of the great imams said, "Our view is right but it may be wrong. The view of others is wrong but it may be right." (Abu Zahra, ibid, p. 388, 389; İslâm'da Fıkhî Mezhepler Tarihi, Translated by. Abdulkadir Şener, Ankara 1968, 1969, p. 125, 126).

Those are the qualifications that a mujtahid has to have according to Islamic fiqh scholars. A mujtahid who has the qualifications mentioned above is called an "absolute or independent mujtahid".

Scholars of fiqh methodology divide mujtahids into seven levels:

1) Mujtahids in Shari’ah: Ja'farus-Sadiq, Muhammad al-Baqir, Abu Hanifa, Imam Shafii, Malik, Ahmad b. Hanbal, etc.

2) Muntasib mutlaq (absolute) mujtahids: Abu Yusuf, Muhammad, Zufar, al-. Muzani, Abdurrahman b. Qasim, etc.

3) Mujtahids in Madhhabs: Tahawi, Karhi, Sarakhsi, Isfarayini, Shirazi, etc.

4) Mujtahids who can prefer: Some scholars of methodology regard this the same as the previous level.

5) Mujtahids with istidlal: They made explanations like "This view is sounders in terms of narration and stronger in terms of evidence."

6) The level of Hafizes: They imitate the previous ones and are regarded as evidence in knowing the preferences of the previous ones.

7) The level of Muqallids (Imitators): They can understand fiqh resources but they cannot prefer between different views and narrations.

To accept the view of a mujtahid without knowing his evidences from the Quran, Sunnah and ijma and to act accordingly is called "taqlid (imitation)"; to adopt the view of a mujtahid by looking at, learning his evidence and agreeing with his ijtihad is called "ittiba (following)". According to ash-Shawkani, (d. 1250/1832) those who did not reach the level of ijtihad among the Companions, Tabiun and Tabau Tabiin, did not imitate a certain mujtahid; they followed them by asking them about their evidences related to the issue they wanted to ask. Taqlid started after those generations. This state forces the scholars to learn the evidences and it becomes possible to discuss about strong and weak evidences. In order to do this, it is necessary to study the basic works where evidences are mentioned and to show the evidences on which decrees are based in the books of Islamic law. Consequently, researchers will find the opportunity to think about and evaluate the revelation, Sunnah and ijma.   

(Hamdi DÖNDÜREN)

16 Does a Muslim who says ‘a nice thing’ for something haram become an unbeliever?

- According to Ahl al-Sunnah creed, whatever Allah rendered haram is bad. Whatever he commanded (fard, wajib, mandub, etc.) is good.

- Some things can be known to be good or bad with human nature, conscience and customs (such as murder, adultery, a lie), but some things that were haram in previous religions were rendered halal in Islam and vice versa. Besides, the existence of different religions aims to make some changes in the secondary decrees at those different time periods and places.

- Therefore, everything that is haram in Islam now is bad. To say that such a thing is good/nice means making an evaluation contrary to Allah's evaluation.

When we look at what is apparent, it is unbelief to say halal/nice for something about which Allah says haram/ bad. However, sometimes a word or a deed means unbelief but the one who says or does it does not become an unbeliever. For, according to the decree of the hadith which means “deeds are based on intentions”, it is important to know what the real reason, intention and purpose that causes the person to say or to do the thing that is regarded as unbelief.  

For instance, I heard somebody say to another person, “I do not believe in the Allah that you believe in.” This statement is unbelief in appearance. However, the person who said it explained his purpose as follows: “I do not believe in his imagination of Allah who always punishes and gets angry with people. The Allah I believe in has infinite mercy.” Thus, he moved away from the position of being an unbeliever.

Badiuzzaman Said Nursi points out a fact regarding the issue as follows:

“A word may sometimes appear to be unbelief, but the one who speaks it is not an unbeliever.” (Lem'alar, 274)

- A believer who commits a sin experiences a dilemma in himself. On the one hand, the common sense and conscience, which are on the side of belief, preach obedience to Allah; on the other hand, there are mean feelings that advise man to disobey Allah and obey the evil-commanding soul.

While man maintains his belief on the one hand, he may also be dragged by the desires of his soul on the other hand. His heart and conscience hate committing sins but his soul and mean feelings enjoy committing sins.

At this point, the free will of man becomes involved. If the desires and requests of the soul outweigh, he will say, "You will be saved in the future by repenting; do not avoid committing this sin and enjoying it now." If the desires and requests of the heart, which is the place of belief, common sense and conscience outweigh, he will prefer keeping away from sins.

Thus, what protects the belief of man is one thing and the mechanism that makes him sin is another thing. For this reason, to commit a major sin – even if a person does so intentionally, by loving it regarding it nice and liking it – does not make a person exit the religion unless he denies the religion.  

However, if he says a nice thing for something that Allah says bad in order to oppose Allah knowingly and stubbornly, he cannot be saved from unbelief even if the whole world comes together.

17 Is the ijtihad of the Companions regarded as a religious evidence?

The ijtihad of the Companions on an issue is regarded as a religious evidence. Every Companion is a mujtahid.

Since the Companions knew Arabic well and they understood the purpose of Allah and His Messenger (pbuh) due to being together with the Prophet (pbuh), there are a lot of mujtahids among the Companions. However, the number of mujtahids among the Companions from whom decrees and fatwas were reported is about one hundred and thirty. The Companions called Fuqaha as-Sab'a (the seven fiqh scholars) are as follows: Hz. Umar, Ali, Aisha, Zayd b. Thabit, Abdullah b. Mas'ud, Abdullah b. Abbas and Abdullah b. Umar (Ibnul-Qayyim, I'lamul-Muwaqqiin, thq. M. Muhyiddin Abdulhamid, Egypt 1955, I, 14 ff)

When the Companions could not find a verse in the Quran, they referred to the Sunnah and deduced the necessary decree from it. The caliph would ask his friends about the issue that was in question; anyone who knew a hadith about the issue would present it and the issue would be settled.  

For instance, once, a maternal grandmother went to Hz. Abu Bakr and asked her share from the inheritance of the son of her daughter, who was dead. Hz. Abu Bakr said he did not know any Quranic verse about the issue. Then, he turned toward the Companions and asked, "Does any of you know a decree about the issue given by the Prophet (pbuh)?" Mughira b. Shu’ba, "I remember that the Prophet (pbuh) gave a share of one-sixth of the inheritance to the grandmother." Hz. Abu Bakr said, "Does anybody else know about it?" When another Companion witnessed about it, the maternal grandmother was given the right of one-sixth of the inheritance. Then, during the caliphate of Hz. Umar, the paternal grandmother came and asked for her share. Hz. Umar said, «I do not know that a separate share is given to you in the Quran; this one-sixth belongs to both of you.»

When the Companions could not find a nass in the Book and the Sunnah, they would make ijtihad. This was a method accepted by the Prophet (pbuh). When the Prophet sent Muadh b. Jabal to Yemen as the judge, the Prophet (pbuh) asked him, «What will you decree with?» He said, «With the book of Allah.» The Prophet (pbuh) asked, «What if you cannot find in the Book?» He said, <<With the Sunnah of the Prophet (pbuh).» «What if you cannot find in it?» Muadh said, «I will make ijtihad based on my view.» Thereupon, the Prophet (pbuh) said, «Praise be to Allah, who made the messenger of the Prophet successful in a way that would please Him!»

18 Why was Imam Bukhari against qiyas (analogy) and mind (reasoning)?

There are generally two schools called “ahl al-hadith” (people of hadith) and “ahl ar-ra’y” (people of reasoning) in the Islamic world.

According to some hadith scholars, verses of the Quran and hadiths can meet all needs; therefore, there is no need for qiyas (analogy). In fact, qiyas is a kind of ra’y and ijtihad; therefore, there is a possibility of erring. However, verses and hadiths express definite decrees, away from errors. In that case, it is necessary to refer to hadiths and sunnah, not to qiyas.

Hadith scholars arranged and classified the hadiths they collected according to topics like the chapters of fiqh books. Some hadith scholars like Bukhari, Ibn Majah and Darimi formed a separate chapter criticizing qiyas and ra’y in their hadith collections.

For instance, Bukhari used the title “Babu ma Yudhkaru min Dhammir-Ra'y wa Takallufil-Qiyas” (Criticizing Ra’y and excessive (exaggerated) qiyas) in his Sahih in the seventh part of the chapter entitled Kitabul-I’tisam. One of the hadiths he includes - as the narration of Abdullah b. Amr (b. al-As) - under this heading is as follows:

“Allah will not deprive you of knowledge after he has given it to you, but it will be taken away through the death of the religious learned men with their knowledge. Then there will remain ignorant people who, when consulted, will give verdicts according to their opinions whereby they will mislead others and go astray.” (Bukhari, I’tisam,7)

There is nothing strange in it because everybody loves his way and believes that it is the best way. As a matter of fact, those who are ahl ar-ra’y accuse those who are ahl al-hadith of memorizing without knowing the reality of the issues; on the other hand, ahs al-hadith state that ahl ar-ra’y go out of the Quran and sunnah and do things based on their own minds.

- Bukhari is generally adherent to the creed of ahl al-hadith and does not accept qiyas but he regards reasoning within the borders of verses of the Quran and hadiths permissible. (Bukhari, I’tisam, 12; Bukhari, Khalqu afalil-ibad, p. 154)

As a matter of fact, since Bukhari decrees that the words uttered by a drunkard person who has lost his mental balance has no legal value (Subki, II, 222), it should be regarded as evidence showing that he values mind (reasoning). According to what is understood from his quotes especially in his book titled Khalqu afalil-ibad, he adopted the views of Abdullah b. Mubarak, Abdurrahman b. Mahdi, Abu Ubayd Qasim b. Sallam, Fudayl b. Iyad, Sufyan b. Uyayna and Nuaym b. Hammad and was affected from them.

It is possible to summarize the views of Bukhari related to creed as follows:

All of the decrees of Islam were imposed in order to ensure both worldly and otherworldly needs and affairs of Muslims; there are numerous wise reasons behind all commands of God Almighty. It is an important issue to try to find them by searching in terms of understanding and interpreting Islam better.  

However, the reasons for the decrees related to worship cannot be known; therefore, asking questions to understand their reasons are not welcomed by scholars. For example, Imam Shatibi regards it makruh to ask questions like “why” related to the issues of worship whose reasons human mind cannot understand. He gives asking questions about why a woman does not perform the prayers she misses but she performs the fasting that she misses when she is in menstruation as an example. For, such a person asks about an issue that his mind cannot understand. (Shatibi, al-Muwafaqat, transl. Mehmet Erdoğan, İstanbul: İz Yayıncılık, 2003, p. 324)

Imam Bukhari reports that Abuz-Zinad states the following related to performing the deeds of worship a woman misses in menstruation:

“Sunnahs and religious decrees are often imposed in a way that the mind cannot understand. Muslims have nothing to do but to obey them. For example, a woman who is in menstruation performs the fasting she misses later but not the prayers.” (Bukhari, Sawm 41)

When a woman asked Hz. Aisha why a woman in menstruation performs the fasting she misses later but not the prayers, she gave the following answer: “Are you a Haruriyya (Kharijite)? When we were in menstruation, we were ordered to perform fasting later but we were not ordered to perform prayers later.” (Bukhari, Hayd 20)

To sum up, when Bukhari compiled Sahih Bukhari, which the Islamic ummah regards as the most acceptable, he probably used mind (reasoning) more than everybody else. For, a great mind is necessary in order to write a sahih (sound) book and particularly to pick the conditions for the acceptance of hadith among thousands of narrations. It is necessary to regard his preferring the hadith material he has to “ra’y” and “qiyas” as a manifestation of his adherence to his way (of hadith).

19 What is Ijtihad? What are its conditions?

Ijtihad literally means making a great effort with might and main in order to accomplish a difficult and exhausting duty.

Terminologically, it means endeavoring with might and main to clarify the subjective judgments, which are not fortified by exact and clear proofs; i.e. deducing or inferring judgments from the religious laws of Islam, which are fixed and clear as they are based on the Quran, hadith, and ijma -consensus of the community of Muslims.

The Holy Quran is a treasure of endless abundance and blessings; it is based on pre-eternity and gives information about eternity. It is endless and limitless in knowledge and mystery. The learned persons in each century have from it as much as their understandings allowed, and will continue to do so up to the Day of Judgment. The community of the Prophet Muhammad (peace be upon him) have benefited from the Quran both physically and spiritually, and they will do so in the future.

The Holy Quran is concise and full of fine points; and it is a bountiful treasure containing lots of principles and rules.

Allah states the following in a holy verse:

“…Nor anything fresh or dry (green or withered), but is (inscribed) in a record clear (to those who can read)”

Badiuzzaman Said Nursi interprets this verse as follows:

“According to one interpretation, the Clear Book or Record consists of the Qur'an. This verse states that everything, fresh or dry, is found within it, is that so? Yes, everything is found in it, but not everyone can see everything in it,  for those are found at different levels. Sometimes the seeds, sometimes the nuclei, sometimes the summaries, sometimes the principles, sometimes the signs, are found either explicitly, or implicitly, or allusively, or vaguely, or as a reminder. One of these forms is expressed according to need, in a manner suitable to the purposes of the Qur'an and in connection with the requirements of the position.”

If everything the humanity will face until Doomsday were clearly present in this divine treasure, then the Quran would be a thousand times thicker than it is now.

As Imam Sharani says,

“If our Prophet (pbuh) had not explained the fine points in the Quran, then the Quran would remain as compendious expressions. Likewise, if the mujtahids - the performers of ijtihad- had not explained the intense and fine points in the Sunnah, it would remain as compendious expressions."

As is known, the closest deed to acceptance in the sight of Allah is the one that is the hardest.

The hadith: “The most virtuous of deeds is the hardest” is a proof of this.

Ijtihad is lofty knowledge that calls for a difficult search and a deep inquiry and it is a sacred duty for the people capable of it. It is concerned with all the states and deeds of human beings. This can be achieved not with word of mouth, but through being a rightful heir to our Prophet (pbuh).

20 Can we practice the ijtihads made by the people living today? Can we act in accordance with the ijtihads made by the Islamic scholars of today?

It is permissible to act in accordance with the fatwas given by the Islamic scholars today unless they are contrary to the Quran, hadiths and the views of mujtahid imams.

There are four main resources of Islam: The book, the Sunnah, consensus and analogy. What is meant by the book is the Quran. If the decree about something is mentioned in the Quran, it is absolutely necessary to act in accordance with it. No other decree regarding the issue is taken into consideration. 

The Sunnah is the words, deeds and taqrir of the Messenger of Allah (pbuh). Taqrir means the Messenger of Allah (pbuh) keeping silent and not intervening when something was done or said in his presence.

Consensus (ijma) means the unanimous agreement of the mujtahids and fiqh scholars of any age regarding an issue.

As for analogy (qiyas), it means giving a decree on an issue about which there is no verse, hadith and consensus, by likening it to another settled issue and making a comparison due to a connection between them.

The issues and principles that are the resources of Islamic decrees are the ones mentioned above. However, the religion of Islam includes traditions and customs too. That is, while giving a decree about an issue which has not been decreed by the Quran and Sunnah, it is permissible to refer to the traditions and customs that are not contrary to the Quran and Sunnah. (Usul al-Fiqh, Muhammad Sayyid, II/101) Therefore, a decree that is based on traditions and customs changes as traditions and customs change in the course of time. 

For instance, in the past, it was regarded something ugly and abominable for men to go out with their head uncovered though head is not awrah for men; it was even regarded as a cause of fisq in Shafii madhhab. However, According to the custom that changed today, there is no drawback to a man going out with his head uncovered and it is not a cause of fisq. Similarly, coins and banknotes did not use to be subject to zakah in the past but today they are subject to zakah like gold and silver. 

The meaning of the statement "decrees change as time changes" can be interpreted as the explanations above; it is not possible to say that the decree of the Quran and Sunnah change - God forbid - as time changes.

21 What is the place of ijthad in our religion?

The legitimacy of ijtihad is definite based on the following verse of the Quran:

“When there comes to them some matter touching (Public) safety or fear, they divulge it. If they had only referred it to the Messenger, or to those charged with authority among them, the proper investigators would have tested it from them (direct).” (an-Nisa, 4/83)

The Muslims who migrated to Madinah were not fully peaceful though they were partially secure. There was a possibility that they would be attacked by the Makkans at any moment. From time to time, rumors such as “they have come, they are coming” spreading among the people. The verse above teaches what to do in such situations.

Hamdi Yazır deduces the following from the verse above:

1. Among the decrees of the events, there are some that are not directly known by verses of the Quran, but known by ijtihad.

2. Istinbat (revealing a subject with deep research) is also regarded as evidence.

3. It is religiously obligatory for the people who are not qualified to make istinbat to apply to the people of knowledge related to the judgment of events and to imitate them.

4. The Messenger of Allah is also responsible for istinbat.

As Abu Zahra also states, “Endless events occur. The existing verses are limited. Therefore, it is a necessity to make judgments about the issues for which there are no verses in the light of existing verses.”

The verse above is the biggest proof that qiyas (analogy) and ijtihad are among the religious proofs. Referring a new event to religiously authorized scholars means asking them to make ijtihad and qiyas because there is no need for ijtihad about the issues for which there is a clear decree.

Fakhruddin Razi states that the verse above indicates three things:

Firstly: Those about which there are no clear verses and are known by ijtihad.

Secondly: Ijtihad and istinbat are religious evidence.

Thirdly: It is obligatory for the ordinary people to imitate scholars related to the deeds that are not about essential issues because, with this verse above, God Almighty declares that those who do not know the decrees of new events must apply to those who are authorized to deduce these decrees from religious evidence.

God Almighty commands those who are competent to make ijtihad with the following verse:

“Take warning, then, O ye with eyes (to see).” (al-Hashr, 59/2)

In that case, alongside the definite decrees in the Quran, there are also secondary decrees that are not clearly expressed, i.e., secondary decrees that can be considered as details. God Almighty made it permissible to act with one’s view in such decrees. It is not possible for people to deduce those decrees from the Quran. Their duty is to follow the scholars. Such imitation is necessary for the common people.

First of all, making ijtihad is a great science and special talent; not everyone can do it because there are thousands or even tens of thousands of decrees of shari’ah. Their evidences are unlimited. It is not possible for everyone to deduce all these decrees from those countless evidences.

On the other hand, even if it is assumed that all Muslims are knowledgeable enough to make ijtihad, if they work for ijtihad, no worldly profession will be performed. Due to these two important reasons, the common people are obliged to imitate mujtahids.

God Almighty orders those who are competent in ijtihad to make ijtihad; He orders other believers to follow them with the following verse:

“…If ye realize this not, ask of those who possess the Message.” (an-Nahl, 16/43)

It is possible for a Muslim to worship in accordance with the will of Allah only if he follows mujtahids.

Sheikh Abdullah Diraz states that imitation is obligatory and essential as follows:

“A person who does not have the capacity and authority to make ijtihad will either do nothing and hinder his duty of servitude when he encounters a secondary issue. It will be an act contrary to ijma (consensus). Or he will try to fulfill his duty of servitude by doing something. It can be done either by finding the evidence that determines the decree on the new issue that has emerged and acting by looking at it, or by imitating a mujtahid. The former (finding the evidence for every new issue encountered and making a judgment from that evidence) is by no means possible for everybody.”

“For, this way will cause the necessity of searching for the evidence of the events both for the person who encounters new issues and for all people; it will prevent people’s livelihood efforts, stop all kinds of arts and technology, and hence cause the world to be devastated by stopping all agricultural and similar activities. Therefore, it is extremely dangerous to remove imitation suddenly. As it is seen, there is no other way out other than imitation. The only way in the face of such a situation is to follow a mujtahid.”

Shatibi expresses the issue as follows:

“The religious evidence for a mujtahid is the same as a fatwa of mujtahid for a layman.”

Thus, mujtahids deduce the second-degree decrees that are implicitly or indirectly present in the Quran and make them available to the humanity. As a matter of fact, the hidden and veiled truths in the book of the universe are discovered by the relevant scientists. Those people are like the interpreters and mujtahids of the book of the universe.

It is necessary for people who do not have a say in a science to follow the scholars of that science and benefit from the works produced by them; similarly, the common people must imitate mujtahids related to the decrees deduced from the Quran. A sane person cannot say, “I get on only a plane that I make myself or use a computer that I make myself.” Similarly, he cannot say, “I deduce my own judgment from the Quran and hadiths instead of imitating mujtahids.”

22 Do some the decrees of our religion change as the conditions of time change?

The decrees of the Quran and hadiths are permanent; change in conditions does not change the validity of those decrees.

The hadiths of the Prophet (pbuh) are always valid in terms of decree. However, the circumstances of the community are determinative for the application of that decree.

For instance, the Prophet (pbuh) prohibited visiting graves in the first years of Islam. Afterwards, when the belief of oneness settled, he allowed people to visit graves. Nowadays, if there are idolatrous societies that regard graves as holy, and if they embrace Islam, the same method will be applied for them. First, these people will be prohibited from visiting graves; it will be allowed after the belief of oneness settles in that community.

In addition, once, the Prophet (pbuh) prohibited people from keeping the flesh of the sacrificed animals at home for more than three days. For, there was a famine in that year and many people could not find food. However, when the famine ended the following year, he allowed people to keep the flesh of the sacrificed animals at home as long as they wanted.

All of these examples show that the decree of no hadith of the Prophet (pbuh) was annulled; every statement and deed of the Prophet (pbuh) will be practiced if the circumstances are appropriate.

The criterion for the prayer of a traveler was imposed by the Prophet (pbuh); therefore, it is not changed. For, if there is nass related to the decree of an issue, ijtihad is not made about it and views are not expressed. The reason for shortening prayers while travelling is journey, not difficulty.

23 "No reward do I ask of you for this except the love of those near of kin." (ash-Shura, 42/23) Is it enough to love Ahl al-Bayt according to the verse above?

As it is known, love of Ahl al-Bayt is very important in Islam and in the eye of prophethood. As a matter of fact, the Prophet (pbuh) addresses people – based on the order of Allah – as follows: 

“No reward do I ask of you for this except the love of those near of kin.” (see ash-Shura, 42/23)

Thus, the necessity of this love is confirmed by the Quran.

Zayd b. Thabit reports the following from Prophet (pbuh):

“I leave behind two vicegerents/proxies (two things that will continue my mission) for you. One of them is the Book of Allah, reaching the earth from the sky and the other is my Ahl al-Bayt. These two will not be separated from each other until they come to the Pool (Kawthar Pool on the Day of Judgment).”

This hadith, reported by Imam Ahmad b. Hanbal is hasan. (see Majmauz-Zawaid, 9/162)

We are taught the following lesson in the hadith above since adhering to both the Book of Allah and Ahl al-Bayt are mentioned together:

Every Muslim who follows the Book of Allah needs to love Ahl al-Bayt; every Muslim who loves Ahl al-Bayt needs to act in accordance with the Book of Allah. Therefore, a believer who loves Ahl al-Bayt believes in all of the principles of creed included in the Book of Allah; he also needs to believe its decrees related to both ethics and worship, and practice them.   

There must be a criterion for the love of Ahl al-Bayt, as it is necessary for everything. This criterion is to practice the Sunnah of the Messenger of Allah (pbuh) fully.

The importance of the love of Ahl al-Bayt is related to their service to the Quran and the Sunnah rather than being the Prophet’s relatives. The greatest wisdom behind the importance the Prophet gives to Ahl al-Bayt as it is stated in the verse "No reward do I ask of you for this except the love of those near of kin” is that they are the carriers and source of the Sunnah of the Prophet.

Badiuzzaman Said Nursi states the following regarding the issue:

“With his vision that penetrated the Unseen, Allah’s Most Noble Messenger (UWBP) saw that his family would become a light-giving tree in the world of Islam. It would be from his family that the overwhelming majority of those persons who would act as guides and preceptors instructing every level of the world of Islam in human attainment and perfection would emerge…"

"There are numerous narrations corroborating this fact. He repeatedly decreed: ‘I leave you two things. If you adhere to them, you will find salvation: one is Allah’s Book, the other is my Family.’ For, members of his family were the source and guardians of his practices (Sunna) and were charged with complying with them in every respect.”

"This is why what was intended by this Hadith was adherence to the Book and the Prophet’s practices."

"That is to say, in respect of the office of messengership it was the Prophet’s (UWBP) practices that were sought from his family. So, no one who abandoned his practices could truly be a member of his family, nor could such a person not be a true friend to them.” (see Lem'alar, Dördüncü Lem'a)

According to this fact, a believer who follows the Sunnah of the Prophet is regarded to love Ahl al-Bayt truly because the same amount of the good deeds and rewards obtained by such a Muslim as a result of his deeds of worship are also recorded for Ahl al-Bayt in accordance with the following rule: "The one who causes something is regarded as if he has done it."

Thus, a relationship is established between that believer and the spirituality of Ahl al-Bayt; he sends them rewards as a gift and they become pleased with it. 

When such a person reads "Allahumma salli" supplication in prayer, he asks for mercy for the Prophet (pbuh) and his Ahl al-Bayt many times every day. This state is a great means of attaining the intercession of Ahl al-Bayt and benefitting from their prosperity. A person who does not worship becomes deprived of their prosperity, love and friendship.  

If a person regards it enough to love Ahl al-Bayt only, the following issues come into question: 

- The Messenger of Allah (pbuh) will be regarded to have been sent to people only to make them love Ahl al-Bayt. However, the Prophet (pbuh) was sent to make people know and love Allah and to make them turn toward Allah by worshipping Him.

- It will be regarded as if the Quran was sent down only to place the love of Ahl al-Bayt in the hearts of people. However, the Quran is full of decrees and principles that ensure both the worldly and otherworldly bliss of people with its more than six thousand verses. Hundreds of thousands of books were written to explain those principles.

- Such an understanding means attributing the purpose of the creation of man to love of certain people only. However, all people, including Ahl al-Bayt, were created to know Allah, who is Mighty and Glorious, and to worship Him.   

Finally, we want to express this fact: The reason why we love Ahl al-Bayt is not just because of their personalities; we love them for their service to the Quran, their self-sacrifices while spreading the religion of Islam and their service in the field of knowledge and education. Thanks to their service, the creed of the ummah of Muhammad managed to protect its purity from the deviant thoughts of the aberrant people, wrong beliefs and superstitions.

In return for their sincere, self-sacrificing and loyal service, God Almighty sent great spiritual guides that guided the Islamic world for centuries like Zaynul-Abidin, Ja'far as-Sadiq and Abdulqadir Ghaylani from their descendants.

Thus, a person cannot be exempted from the responsibility of worshipping by loving Ahl al-Bayt only.

In that case, every believer who loves Ahl al-Bayt has to accept them as a model, try to resemble them and to be like them by fulfilling the duty of worshipping. One can love Ahl al-Bayt in the real sense only through this way.

24 Why did the Prophet (pbuh) prohibit killing only his uncle and Sons of Hashim at Badr? Why did he fight at Uhud though he knew that Hamza would be martyred?

We do not have any information showing that the Prophet (pbuh) clearly knew that Hamza, his paternal uncle, would be martyred at Uhud.

According to a narration, the Prophet (pbuh) interpreted the slaughter of a cattle he saw in a dream as some of his Companions’ being martyred and the opening of a breach in his sword's blade as one member of his Ahl al-Bayt being killed. (Ibn Hisham, as-Sirah, 2/63)

According to the narrations in Bukhari and Muslim, it seems that the Prophet (pbuh) interpreted his dream after the Battle of Uhud because, according to the narration there, the Prophet stated the following (the text was quoted from the narration in Muslim):

“I dreamt while asleep that I was about to migrate from Makkah to a land abounding in palm trees and I guessed that it would be Yamama or Hajar. However, it was the city of Madinah. I saw in this dream of mine that I was brandishing a sword and its upper end was broken. It indicated the misfortune to my Companions on the Day of Uhud. I brandished the sword for the second time in my dream and saw that it became all right. It indicated the victory Allah would grant us and the Muslims’ forming a good congregation. And I saw in my dream that some cows were being slaughtered and said, ‘I hope it will be good.’ Now I see that it indicated the martyrs at Uhud. My saying ‘I hope it will be good’ indicated the goodness Allah gave us after that and the victory at the Day of Badr." (Bukhari, Maghazi,2; Muslim, Ruya, h. no: 20 “2272”)

However, the issue of migration is not mentioned in Bukhari. The issue is handled related to the Battle of Uhud. Muslim's hadith appears to be a combination of two separate dreams. So, first of all, there is no dream about Hz. Hamza’s being martyred.

Secondly: Even if the Prophet (pbuh) did not know about his uncle, seeing a sad event that would happen to his Companions in his dream indicates that divine predestination would manifest in that way. Since the dreams of the prophets are true, it is impossible for the events seen in the dream not to take place. The Prophet took the necessary precautions in terms of causes but he also surrendered to qadar. 

His attitude toward Abbas in the battle of Badr should be considered as the special affection a person shows to his relatives. Moreover, according to the information given by the sources, the Prophet (pbuh) wanted Abbas and some members of Sons of Hashim not to be killed in the Battle of Badr and explained the reason as follows: "They came as a result of the pressure of the polytheists though they did not want to do so." (see al-Kamil Fit-tarih, 2/23)

The attitude of the Prophet (pbuh) toward the prisoners of Badr is an indication that he treated everyone fairly. As it is known, the Quraysh Army, which suffered a great defeat at Badr, left behind many goods and 70 prisoners. Among the captives were Abbas, the paternal uncle of the Messenger of Allah, and some other relatives. Hz. Umar was given the duty of tying the hands of the captives so that they would not escape. Hz. Abbas was tied very tightly because he was the most notable of them. Therefore, he began to moan at night. The Prophet (pbuh) could not sleep since he heard this moaning.

They asked, "O Messenger of Allah! Why do you not sleep?" He said, " Because of the moaning of Abbas..."

Some of his Companions, who did not want the Messenger of Allah (pbuh) to be disturbed and upset, untied Abbas.

Seeing that the moaning ceased, the Prophet said, "Why do I not hear the moaning of Abbas?"

The Companions said, "We have untied him."

Thereupon, the Prophet (pbuh) said, "Untie all of the captives!" Then, he fell asleep. (Ibn Sa’d, Tabaqat, Beirut, 1410/1990, 4/9)

25 When (after doing what kind of bad deeds) do non-Muslims become unbelievers that need to be fought?

Nobody can wage war against an unbeliever no matter what he does individually. It is the duty of the state to decide to wage war. Therefore, if the state wages war by noticing a danger that comes from outside, it becomes necessary for the individuals to take part in that war. Otherwise, individuals cannot wage war against a non-Muslim with whom they share the same country and cannot struggle against him materially no matter what he does. For, the harms caused by the deeds done by the individuals will be more than their benefits.

Doubtlessly, an unbeliever has the right to be guided like a Muslim man who makes mistakes. The way to do it is mentioned in the Quran and the Sunnah.

The following famous hadith summarizes it concisely:

"When you see a bad deed, change it with your hands if you can; but if not, try with your tongue; if it does not work either, disapprove it with your heart. It is the weakest level of belief." (Muslim, Iman, 78)

It is noteworthy that there is a certain order in the hadith; people are given duties based on their power. It is necessary to pay attention to this order in every age, especially in this age, when anarchy, hatred based on the soul of the individual and satanic plans display their power.

Accordingly, in order to eliminate a bad deed,   

- it is the duty of the state to use material power.

- it is the duty of the scholars to give advice with the tongue.

- it is the duty of the people who are not in the first two groups to disapprove it with the heart but actually it is the duty of everybody.