The Twenty-Seventh Word

The Risale on Ijtihad

[Five or six years ago, in an Arabic risale, I wrote a matter concerning ijtihad. At the request of two of my brothers, this Word is written on that matter of ijtihad in order to take down the one, who overstepped his boundaries on this matter.]

بِسْمِ اللّٰهِ الرَّحْمٰنِ الرَّحِيمِ

1 وَلَوْ رَدُّوهُ اِلَى الرَّسُولِ وَ اِلَى اُولِى اْلاَمْرِ مِنْهُمْ لَعَلِمَهُ الَّذِينَ يَسْتَنْبِطُونَهُ مِنْهُمْ

The door of ijtihad is open. But at present time, there are “six obstacles” to entering it.

THE FIRST: Just as, in winter, when the storms are fierce, even small holes are closed. Opening up new doors is in no way an act of a reasonable man. Just as, under the onslaught of a great flood, opening holes in the walls for repair is also a cause for drowning. In the same way, at this time of harams and the moment of the invasion of foreign customs, the superabundance of bid’ahs and the destruction of dhalâlah, in the name of ijtihad, opening new doors in the palace of Islam and opening holes that will be the means for the destroyers to enter from the walls is a crime against Islam.

THE SECOND: As for the dharûriyyah of religion, ijtihad cannot enter them. Because they are certain, unconditional and determined. Those dharûriyyah are also the basic food and sustenance. At this time, they are abandoned and shaken. Although all effort and endeavour should be expended on their being raised and revived, and although there are judgements of As-Salaf on the nadhariyyah of Islam that were established by their pure and sincere ijtihads, which are sufficient for all times’ needs, to abandon them and make new ijtihads by following the desires of the nafs is the bid’ah and betrayal of Islam.

THE THIRD: Just as different merchandise are sought after in the market according to the season. From time to time, different merchandise is in demand. So in the exhibition of the ‘âlam and the market of human social life and civilization of mankind, every age, different merchandise is sought after and in demand; it is displayed in the market of that age; it attracts demands, gazes turn toward it, minds are drawn by it.

For example, at the present time, the demand for merchandise of politics, securing the worldly life and philosophy... And at the age of Salaf as-Sâlihîn and in the market of that time, the most sought-after merchandise was deducing from the Word of Khâliq of the samâwât and the earth, His wishes from mankind and the things with which He will be pleased, and through the nûr of nubuwwah and the Qur'an, obtaining the means to gain eternal happiness in the ‘âlam of the âkhirah, which had been opened to such a degree it could not be closed.

Thus, at that time, since, with all their strength, minds, hearts and rûhs turned towards understanding the things with which Rabb of the samâwât and the earth will be pleased, the conversations, discussions, events and circumstances of the social life of mankind were looking to that. Since they were occurring in accordance with those things, whoever had a good disposition, his heart and fitrah unconsciously were receiving a lesson of ma’rifat from everything. He was learning from the circumstances, events and conversations occurring at that time. It is as if everything was a teacher for him and was inculcating a prepared and instructed disposition for ijtihad in his fitrah and his disposition. This fitrî lesson was illuminating and it was firm to such a degree that he was acquiring the ability for ijtihad without an endeavour and acquiring nûr without fire... Thus, when a capable person who received such fitrî lesson in this way began to work for ijtihad, his disposition, which had become like a match, became the place of manifestation for the mystery of 2 ‌نُورٌ عَلٰى نُورٍ‌ ; he became a mujtahid swiftly and in a brief time.

But at this time, due to the domination of European civilization and the hegemony of natural philosophy and the conditions of worldly life becoming heavy, minds and hearts have become scattered, and endeavour and attention divided. Minds have become strangers to the ma’nawî matters. Thus, it is because of this, if someone now has the intelligence of a mujtahid like Sufyan ibn ‘Uyayna, who memorized the Qur'an and held discussions with ‘ulamâ at the age of four, he would need ten times longer time than Sufyan’s to be qualified to make ijtihad. If Sufyan learned ijtihad by studying for ten years, this man would need to study one hundred years for learning it. Because the period of Sufyan's fitrî study began at the age of discernment3 . His disposition and abilities were slowly prepared and illuminated; they took lessons from everything and became like a match. But his counterpart at the present time, his disposition and abilities have become distant from ijtihad since his thought drowned in philosophy, his mind plunged into politics, and his heart dazed by the life of this world. For sure, as much as he is occupied with modern sciences, his disposition and abilities have become distant from the ability to make ijtihad of the Sharî'ah and as much as he is versed in physical sciences, he has remained backwards regarding the comprehension of ijtihad. Therefore, he cannot say: "I am as intelligent as him. Why can't I reach him?" He does not have the right to say this and he cannot reach him.

THE FOURTH: Just as within a body, there is the inclination to expand for growing and flourishing. As for that inclination to expand, — because it is from inside — for the body, it is to become perfect. But if it is an inclination to expand from outside, it is to rip the body's skin and destroy it; it is not expansion. In the same way, if the inclination to expand and the will to make ijtihad are present in those who enter the sphere of Islam through the door of perfect taqwâ and the way of conforming to the dharûriyyah of Islam like the Salaf as-Sâlihîn, it is a perfection and to become perfect. Otherwise, the inclination to expand and the will to make ijtihad arising from those who abandon the dharûriyyah, prefer the life of this world to that of the âkhirah and are soiled with materialist philosophy, it is to destroy the body of Islam and the means of casting off the chain of the Sharî'ah from its neck.

THE FIFTH: Three points of view make the ijtihad of this time earthly, and exclude it from being samâwî. While the Sharî’ah is samâwî and ijtihads belonging to the Sharî’ah are samâwî as well since they reveal its hidden laws.

The First: The hikmah of a law is different, while its real cause (‘illah)4 is different. Hikmah and benefit are not the cause of the necessity and creation of the law but are the cause of its preference. While the ‘illah is the cause for the existence of a law. For example, the salâh is shortened while travelling; it is performed two rak'ats. The ‘illah of this rukhsah of the Sharî'ah is the journey, while its hikmah is the hardship. If there is a journey, the salâh is still shortened even if there is no hardship. Because the ‘illah exists. But if there is no journey but hundreds of difficulties, it cannot be the ‘illah for shortening the salâh. Thus, contrary to this haqiqah, the view of this time appoints the benefit and hikmah in place of the ‘illah and makes its judgement in accordance with that. Such an ijtihad is certainly earthly, not samâwî.

The Second: The view of the present time looks primarily and directly to worldly happiness and directs the laws of the Sharî’ah towards it. Whereas the view of the Sharî’ah looks primarily and directly to happiness in the âkhirah; it looks to happiness in this world secondarily due to its being the means to the âkhirah. It means that the view of this time is alienated from the rûh of the Sharî’ah. In which case, it cannot make ijtihad in the name of the Sharî’ah.

The Third: The rule ofاِنَّ الضَّرُورَاتِ تُبِيحُ الْمَحْظُورَاتِ , that is, “Dharûrah makes halal what is haram”. Thus, this rule is not universal. If dharûrah did not occur by way of haram, it causes to make halal what is haram. Otherwise, if dharûrah occurred due to misuse of the will or haram causes, it cannot make halal what is haram, cannot be the source of the judgements with rukhsah and cannot constitute an excuse.

For example, if, through misusing his will, in a haram way, a man makes himself drunk, according to ‘ulamâ of the Sharî’ah, his actions are in force against him; he is not accepted as excused. If he divorces his wife, the divorce is in force. And if he commits a crime, he receives the punishment. But if it is not through misusing his will, the divorce is not in force neither does he receive any penalty. And, for example, an alcohol addict — even if his addiction is at the degree of dharûrah — cannot say: "It is a dharûrah; it is halal for me."

Thus, at this time, there are many matters that are considered dharûrah; they have taken the form of a general calamity that causes people to be addicted to them. Since they were born out of misuse of the will, haram inclinations and acts, they cannot be the source of the judgements with rukhsah and cannot cause to make halal what is haram. Whereas, since the people of ijtihad of the present time make those dharûrahs the source of judgements of the Sharî’ah, their ijtihâd is earthly and philosophic; they arise from the desires of their nafs; they cannot be sâmâwî and are not from the Sharî’ah. Whereas, if there is no ma’nawî permission of Al-Khâliq, the interference in the laws of Al-Khâliq of the samâwât and the earth and meddling in the ‘ibâdah of His ‘abds are rejected.

For example, for two reasons, some ghâfil people commend changing the Arabic language of some of the shaâ’er of Islam like the khutbah5 and delivering it in each nation’s language:

The First: "So in that way, current politics can be made to be understood by the ‘awâm of Muslims." But so many lies and trickery and evil entered into current politics that it became the waswasa of shaytans. However, since minbar6 is the place of delivering the wahy of Allah, the waswasa of politics does not have the right to rise to that elevated place.

The Second: "The khutbah is for understanding the advices of certain surahs of the Qur'an." Yes, if the majority of the nation of Islam were conforming to the dharûriyyah and the well-known and admitted laws of Islam and were carrying them out, then, in order to understand the nadhariyyah of the Sharî’ah, subtle matters and hidden teachings of the Qur’an, delivering the khutbah in their language and the translation of the surahs of the Qur'an — if it was possible — {Note: The Twenty-Fifth Word on miraculousness has shown that a real translation of the Qur'an is not possible.} might have been commended.

But the well-known definite and unconditional laws of Islam like the salâh, sawm and zakat being wâjib and the murder, fornication (zinâ) and wine being haram are neglected. The ‘awâm people are not in need of receiving lessons on their being wâjib or haram. Rather, through encouragement and warning, they are in need of being reminded of those sacred laws and being encouraged, reminded and warned to conform to those laws through the feeling of îmân and the vein of Islam being stirred. However ignorant an ‘awâm is, he understands the following brief meaning from the Qur'an and Arabic khutbah: "The preacher and the hâfidh are recalling the pillars of îmân and the principles of Islam, which are known by me and everyone; he is teaching them to us and reciting them." A yearning for them emerges in his heart. What words are there in the universe that can be an equivalent of the miraculous and instructive reminders, warnings and encouragement of Al-Qur’an Al-Hakîm, which comes from al-‘arsh al-â’dham?

THE SIXTH: Since the great mujtahids among the Salaf as-Sâlihîn were close to the era of the Sahabah, the era of nûr and the era of haqiqah, they were able to receive a pure nûr and make pure ijtihads. But the people of ijtihad of this time look at the book of haqiqah from behind so many veils and from such a long distance that they can see even its clearest letter only with difficulty.

If you say: The Sahabah were also human beings; they are not free of error and disagreements. While the source of ijtihad and the laws of the Sharî’ah is the justice and sidq of the Sahabah. As proof, it may be mentioned that the ummah have agreed upon "All the Sahabah were just and all spoke the truth."

The Answer: Yes, the absolute majority of the Sahâbah were lovers of the haqq and filled with the desire for sidq and justice. Because in that era, the ugliness of lie and falsehood was shown in all its ugliness and the beauty of righteousness and sidq was shown in all its beauty in such a way that the distance widened between them from the ground to the ‘arsh. A division from the pit of Musaylima the Liar at the asfal sâfilîn to the degree of sidq of Hazrat Prophet ‘Alayhissalâtu Wassalâm at the a’lâ ‘illiyyin has been seen. Indeed, just as it was lying that causes Musaylima to fall into the asfal sâfilîn, so it was sidq and truth which raised Muhammad Al-Amîn ‘Alayhissalâtu Wassalâm to the a’lâ ‘illiyyin.

Thus, this is certain, definite, and necessary that the Sahâbah, who bore elevated feelings and illuminated with the nûr of the conversation of the sun of nubuwwah and who revered the beauty of good morals, did not willingly stretch out their hands to lying, which is so ugly and the cause of descent and is in Musaylima's shop of filth tainted with buffoonery, and they flee from lying, which is the companion of kufr, as they flee from kufr, and as far as they were able, they sought, loved and conformed to — especially in the tablîgh and transmitting the laws of the Sharî’ah — sidq, truth and haqq, which are so beautiful and are the cause of pride and glory, the steps of ascent and progress and the thing most demanded from the elevated treasury of the Glory of Messengership (asm) and which illuminate man's social life with their beauteous splendour. Whereas at this time, the distance between sidq and lying has so shortened that they have become quite simply shoulder to shoulder. It is extremely easy to pass from sidq to lying. Even, lying is preferred to truthfulness by means of the propaganda of politics. Thus, if the ugliest thing is sold with the most beautiful things in the same shop, at the same price, certainly the most elevated brilliant of sidq and haqq, which leads to the jewel of haqiqah, is not to be bought blindly by relying on the word and skill of the shopkeeper.

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