5th Ushul ‘Isyrin Lecture

๐Ÿ”ป๐Ÿ”ป๐Ÿ”ป๐Ÿ”ป๐Ÿ”ป๐Ÿ”ป๐Ÿ”ป

The opinion of the imam and his representatives regarding matters for which there is no text, and regarding matters that may have several aspects, and regarding the interests of the Prophet, is valid as long as it does not conflict with the rules of law, and can change according to circumstances, traditions and customs. The basic principle in worship is to worship without paying attention to its meaning, and in ordinary matters paying attention to the secret, law and purpose.

The opinion of the imam (leader) and his representatives in matters for which there is no text, or in matters which have several possible meanings, as well as in matters of problem murlah (benefits not explicitly stated in the text), can be used as a rule as long as it does not conflict with the rules of syar’iyyah. Even opinions can change according to conditions, habits and customs. The original law in worship is ta’abbudi (pure devotion) without paying attention to its meaning, whereas in customary matters the secret, wisdom and purpose are still paid attention to.

Explanation:

And the opinion of the priest and his deputy

The opinion of the imam (leader) and his deputy

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Sheikh Abdul Karim Zaidan Rahimahullah explained:

Imam: He is a leader elected by Muslims, who is the head of an Islamic state, or his deputy: i.e. someone who acts on his behalf during his absence or someone who entrusts him with guarding a certain territory or task, such as leading an army.

Al-Imam is a leader chosen by Muslims, so he becomes the head of an Islamic state.

The na’ibuhu (representative) is a person who replaces his position if the person concerned is not present, or a person who is given the power to lead a certain area or affairs, for example leading a force.

There is no text in it

in things that don’t exist

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This means, things that have not been specifically discussed in the Al Quran, As Sunnah, and ijma’,

And it may have many faces

or in things that have several possible meanings

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This means that the decisions of the priest and his representatives still revolve around issues that create room for discussion and various interpretations. This gives rise to ijtihad with various conclusions.

And in the interests sent

as well as in the matter of mashalih murlah

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Namely the opinion of the Imam and his representatives which is based on mashlahah murlah; maslahah (public good/benefit) which is not clearly mentioned in the Al-Qur’an and Sunnah, there is no argument that commands it or prohibits it, but is in line with the objectives of the Shari’a (maqashid al-Shari’ah) such as protecting religion, soul, mind, lineage and property.

This applies unless it conflicts with legal regulations

can be used as a guide as long as it does not conflict with syar’iyyah rules.

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That is, the opinions of the imam and his representatives as above, can be practiced or carried out by the congregation and its members as long as it does not conflict with the Shari’a. Even though the opinion or policy does not originate from the Shari’a.

Sheikh Abdul Karim Zaidan explained:

In this case, the opinion of the imam is taken into account and taken into account, unless it violates legal rules, agreed principles, or strict texts, because these rules read: (There is no justification for ijtihad in the context of the texts).

So the imam’s opinion in matters like this is considered valid and followed, as long as it does not conflict with sharia rules, agreed principles, or clear texts. Because the rule says: “There is no room for ijtihad when there is a clear text.”

He also instructed the members of the congregation:

Group members must obey it according to their respective ijtihad. This is a permissible ijtihad. However, if he comes out with his permissible ijtihad which is contrary to the text, then there is no obedience to him in that ijtihad, because (there is no obedience to creatures if he disobeys the Creator).

The congregation is obliged to obey the leadership in terms of ijtihad which is still within the limits permitted by the Shari’a (ijtihad sฤ’igh). However, if the ijtihad is deviated, so that it contradicts the clear text of the Sharia, then there is no obedience to it, because the rule states: “There is no obedience to creatures in disobedience to the Creator.”

This may change according to circumstances, customs and mores

These decisions/policies can change according to applicable conditions, habits and customs.

This means that among the factors that influence the final outcome of a decision and fatwa are conditions, habits and customs. If there are differences or changes, the decision and fatwa can also change.

Imam Ibnul Qayyim said in his book Sayalamul Muwaqi’in, reads:

In changes and differences in fatwas, changes in time, place, conditions, intentions and rewards are taken into account

“Article about changes in fatwas and differences due to changes in time, place, conditions, intentions and traditions.”

Then he said:

This is a very useful chapter, and because of its ignorance, there has been a grave error according to the Shari’a, which is more detrimental than shame, difficulties and unavoidable obligations….

“This is a very useful article, if you are stupid about this article you will make a big mistake in the Shari’a, requiring something difficult and heavy, and imposing things that are not appropriate to be charged…” (I’lamul Muwaqi’in, 3/3)

The basic principle in worship is to worship without paying attention to its meaning

The original law in worship is ta’abbudi (purely following orders without looking for rational meaning)

This means that in matters of ritual worship such as prayer, hajj, umrah, fasting, the attitude of Muslims or their congregation is obedient and obedient, even though they do not know the wisdom and secrets of this worship. We are not required to know what the wisdom is before practicing it.

Sheikh Abdul Karim Zaidan explained:

The basic principle in worship is devotion, meaning that the universal rule in worship is that it should be done out of obedience to Allah and purely as worship, without relying on secret jurisprudence, wisdom and meaning, even though we are sure that the worship has meaning, wisdom and secrets.

The original law in worship is ta’abbud, namely the general rule in worship is to carry it out solely as a form of obedience to Allah and servitude to Him, without having to understand its secrets, wisdom and meaning even though we believe that worship has its own meaning, wisdom and secrets.

In ordinary things, attention is paid to secrets, wisdom, and goals

while in traditional matters (worldly habits and mu’amalah) the wisdom, secrets and goals are taken into account

This means that in worldly matters it is permissible to uncover and reveal the wisdom of commands and prohibitions in worldly matters. If we know what the wisdom is then Alhamdulillah, if we don’t know then we are innocent.

Sheikh Abdul Karim Zaidan Rahimahullah explained:

As for non-worship, that is, in ordinary matters, that is, except for worship, such as matters of drinking, eating, clothing, and business, then Muslims pay attention to the secrets contained therein and pay close attention to the aims of Islamic law, the wisdom of statutory regulations, and its general aims, and from what is known about the ways and methods of the law, we can know the law on ordinary matters for which there is no clear text.

Meanwhile, in non-worship matters (al-‘adiyyat), namely things other than worship such as eating, drinking, dressing, and muamalah, a Muslim should pay attention to the wisdom contained therein, understand the maqashid al-shari’ah (purpose of the Shari’a), the wisdom of the Shari’a, and general objectives. Based on what is known from the patterns and methods of the Shari’a, the law can be known from customary matters (non-worship) which are not explicitly mentioned in the text.

๐Ÿƒ๐ŸŒท๐Ÿƒ๐ŸŒท๐Ÿƒ๐ŸŒท๐Ÿƒ๐ŸŒท

โœ Farid Nu’man Hasan

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