EXCUSES, EXPECTATIONS AND TAUWBA

EXCUSES, EXPECTATIONS AND TAUWBA

Mandated Excuses: Excuses of this type are characterized as dispensation, or those acts that are omitted or modified due to excessive hardship. Examples: eating pork if on the verge of starving to death, etc. This is a part of Deeni teachings as all possibilities and eventualities are covered in the shariah. “…Allah places no burden greater than you can bear.” (7:42) The standard interpretation of this ayat is “…that belief and virtues which will bring out a mighty reward in the Hereafter are not difficult things that may be beyond the capacity of man. It means salat, sawum, zakat and hajj and other obligations are not beyond the power of man”. Tafsir-Usmani (The Noble Qur’an), by Allama Shabbir Ahmad Us’mani Vol. 1 pg. 674 This explanation shouldn’t be misinterpreted to mean there is no difficulty in fulfilling one’s duty, it is the excessive hardship that would make it, “…impossible for them to continually endure because they would be cut off, unable to go on, and damage and harm would affect their persons, possessions, or other concerns.” Reliance of the traveler translated by Noah Hamim Keller. Pg 42

On the personal level, to truthfully access one’s motivation introspectively by thinking ‘why did I do that’ or ‘I shouldn’t have done that’ and ‘I will not do that again’ by the mandate of Islam are forms of istigfar/seeking Allah’s forgiveness and repentance/tauwba. Ethics of Islam by Muhammed Hadimi pg. 153 This is an important religious principle that connects striving against sinfulness by acknowledging sins and the character flaws that may lead to/motivate them without excuses. The opposite of this is most often reflected in the common phrases ‘people are people’, ‘nobody’s perfect’ or ‘that’s the way he/she is’ are examples of the flawed reasoning that leads to excusing one’s sinful behavior starting with the diseases of the heart. In principle, this action is similar to the niyyah preceding an obligatory or good religious act but from the opposite/sinful direction. Simply stated, it is another type of jahiliyah baggage, the antithesis of introspection, I’tibar (self-admonishment) and ultimately tauwba.

When the above religious and moral prescriptions for self-improvement and the development of taqwa are treated with indifference or characterized as slightly more than a personal or unnecessary idiosyncratic ‘expectation’, a priority area of Islamic teaching will be undervalued, neglected and ultimately abandoned. This sequence effectively reduces the self-reformation aspect of Islam to slightly more than lip-service instead of an important element of the ethical/moral teaching of Islam. When such thinking and the behaviors based on it are allowed to settle in the soul by repetitive habit the corresponding damage is the potential for the destruction of any incentive for personal reformation along with the actual methodology for its implementation. It is in this light that our scholars remind us of the two qualities needed to maintain the moral/spiritual health of the individual as well as the Muslim social order based on the religious principles of Maroof/Munkar (enjoining good/forbidding evil). First is accepting Irshad (guidance) and then Istima’ (receptivity), the ability to admit one’s errors and accept good advice. Mahmud Shaltut and Islamic Modernism by Kate Zeberi pg. 50

Among the important adab (etiquette) of brotherhood Muslims are required to maintain is being compassionate and forgiving. “Accepting excuses and forgiving shortcomings are attributes of Allahu ta’ala.” Ethics of Islam by Muhammed Hadimi Thus, when an excuse is remorsefully expressed, brother or sister Muslims are required to accept it and incline to forgiving someone. On the other hand, excuses that are intended to deceive or tainted with the arrogance of Iblis “I am better than he” (7:12) similar to the above phrases are disliked or haraam for several reasons: 1) untruthfulness is a type of moral dishonesty. Whereas Muslims are exhorted to be truthful in all things; which is emphasized when related to one's behavior and inner condition. This is why in a serrah or ahadith report the Prophet (pbuh) spoke of Abu Bakr’s (rah) excellence due to what ‘resides in his heart’, meaning his strong belief in Allah, His Messenger, and introspective insight. 2) Although excuses presented to conceal faults are allowed, there is always the danger of deceit evolving into self-deception leading to another antitheses of faith—hypocrisy. 3) Untruthfulness not only sets in motion the denigration of one’s moral core but Iman as well because of not acknowledging/accepting responsibility for one's sinful actions. Muslim scholars explain this as opposite the meaning and effect of two of the beliefs that are often mentioned together in the Qur’an: Belief in Allah and the last Day/Hereafter.  

All Muslims, particularly those of us who are indigenous, should begin to look at our environment, upbringing and the cultural norms based on the Judeo-Christian tradition as reasons why such ideas and thinking remain after accepting Islam. The truth of this perception shouldn’t be hard to grasp considering the belief of ‘original sin’ that translates into humanities inherent sinfulness, requiring a savior.* Despite Muslims openly rejecting the latter, the former seems to be alive and well. Another contributing factor is neglect of qualified teachers/scholars based on the above presumption of sinfulness or ineptitude. This accounts for the scapegoating blame placed on the religious scholars whenever the issue of the ignorance of the rank and file among the Ummah is raised. The primary charge is their abandoning the work of educating the masses. Some years ago a brother gave this same argument and presented the Prophet Muhammad’s (pbuh) daw’ah work during the Meccan phase of his mission as proof. 

     Upon historical review of certain incidents and the revelation of several Qur’anic ayats along with prophetic statements should put such claims or ‘charges’ in perspective. First: when           Rasulullah (pbuh) announced his Mission it started with condemning the evils of Shirk   (polytheism) and preaching Allah’s Tawheed. The believers who responded to His call were     given more information on this priority belief, his status as Allah’s messenger and reminded of           the fortitude true faith develops in response to the hardships and oppression encountered by             the Prophet’s and believers in times past. Second, it was the Medinan period of the prophetic   mission that scholars universally acknowledge as the legislative era that made teaching         necessary as new laws, practices and prohibitions were first revealed that would later become    established norms: Sunnat-Rasul/Muslimeen. Third, the problem of mass education was    addressed by Allah (shwta) in the last phases of the prophetic mission. 

     “THE ARABS OF THE DESERT ARE THE WORST IN UNBELIEF AND HYPOCRISY,      AND THE MOST FITTED TO BE IN IGNORANCE OF THE COMMAND WHICH      ALLAH HATH SENT DOWN TO HIS PROPHET, BUT ALLAH IS ALL-KNOWING,      ALL-WISE (9:97).  "NOR SHOULD ALL THE BELIEVERS GO FORTH TOGETHER,      IF A CONTINGENT FROM EVERY HABITATION REMAINED BEHIND THEY      COULD DEVOTE THEMSELVES TO STUDIES IN RELIGION AND ADMONISH      THE PEOPLE WHEN THEY RETURN TO THEM THAT THEY MAY LEARN TO      GUARD AGAINST EVIL.” (9:122) According to the Mufassireen the above ayats were      revealed after the Tabuk expedition which took place in the 9th year after Hijra.  This was the      22nd year of the Prophet's mission, and one year prior to its end.  Islam at this time had been      accepted by most of Arabia, which proved to be a blessing and a trial.  The blessing was entire      tribes or clans embracing Islam, effectively increasing the numerical strength of the Ummah.  The trial was that many of the tribes lived outside of Medina and could not (or in some cases    would not) attempt to commute to it on a regular basis, preventing them from acquiring more detailed knowledge of the beliefs and practices of Islam after its acceptance.

     The previous ayats actually go together in presenting the overall picture, for while verse 97      diagnosed the symptoms (ignorance), verse 122 gives the remedy. Some commentators believe      this verse is the first command given to the Prophet (pbuh) regarding mass education to deal   with the problem of uneducated converts and followers.  The crux of the argument in the above      verse concerning the outlying tribes was their refusal to come to Medina and learn from the      Prophet (pbuh) resulted in the perpetuation of erroneous practices and habits carried over from      the Days of Ignorance. Here we see the interconnection between religious knowledge, faith, and      taqwa; specifically religious knowledge developing taqwa. Equally important is the matter of      acquiring religious knowledge from credible and authoritative sources, for if this was not a      major concern why does verse 122 indicate the basic protocol of education meaning to seek it      “from those who know” given the background of continued military actions at that time?      Excerpted From an unpublished article by the author, ‘The purpose of knowledge’.

“Expecting something without doing any action which would produce that expected result is called wishful thinking”…On the other hand, expecting something after doing actions that would produce the result is called hope or expectation”…Wishful thinking leads to laziness. Expectation…is the cause of work and production”. Ethics of Islam by Muhammed Hadimi, pg. 39 The scholar’s explanation/assessment of wishful thinking and expectation shows the connection between the theoretical/abstract and action that rings true for most human behavior reflecting the meaning of several prophetic statements on ‘fear and hope’ and the perfection of Islam, i.e. faith and action directed by revealed knowledge. Similar in principal is the reasons for the descriptions of believers given in both Qur’an and Sunnah serving a two-fold purpose: 1) providing a standard or criteria of what believers should aspire or ‘measure up’ to. And 2) to access their actions within the parameters’ of halal and haraam which indicates either distance from or proximity to the Serat-tal-mustaqeem. On the other hand the descriptions of unbelievers, hypocrites/fassekeen given in the religious texts indicate the actions/beliefs that are to be avoided or abstained from as the antithesis of Iman and taqwa. Therefore, assessing one’s behavior and expectation regarding the actions of believers based on Islamic teachings in principal is neither overtly judgmental or unimportant. However, when this principle is distorted by a prideful motivation to fault-find, slander or throw aspersions on someone’s character or work without credible proof from the shariah it becomes a violation of a brother Muslim’s honor/reputation and thus haraam.    

The beliefs of hell and the Jennat/paradise being attainable by striving to implement virtuous acts based on correct beliefs reflect the value and necessity of expectation as a part of faith. Would Allah promise reward if unattainable or threaten Hell if sinfulness was unavoidable?  And what greater motivation would there be without the expectation of the Jennat and fear of An—Nar/Jahannum as some scholars believe fear of Allah is actually fear of His punishment.  In short, Muslims are always obliged to obey Allah (awj) while consistently seeking His guidance and mercy to fulfill their duties.  

*A detailed examination is in my pending book. 

NISFU-SHA’BAN:BARAKA OR BID’AH ?

In a recently published book that supposedly points out mistakes common among today’s Muslims, one of the ‘mistakes’ is the middle night of Sha’ban as blessed for optional/nafl worship. On page 44 it states, “Specifying this night with worship has no proof, so it is an innovation. The narrations mentioning specifying this night are not authentic according to the scholars. Specifying this night is among the innovations prohibited by the evidence”. However looking at the information cited as proof for this will lead to a different assessment and conclusion.

1)      The statement “specifying this night with worship has no proof”, is the first lie/deception as it is in one of the Sahih—Sitta (six authentic) collections, namely the Sunan of Ibn Majah.    

2)      The narrations mentioning specifying this night are not authentic according to the scholars.” According to which scholars? On the contrary, one scholar writes, “Though the line of narrators of none of these is reliable, as judged by the criteria laid down by the scholars of the traditions (Hadith), the number of such narratives is quite large and these have been related on the authority of different Companions, and as such, some scholars like Ibn-is-Salah are disinclined to hold them as wholly unfounded.” The Meaning and Message of the Traditions, By Mohammad Manzoor Nomani, Translated from Urdu by Mohammad Asif Kidwai Vol 3, Pg.92

The scholar’s statement “the number of such narratives is quite large and these have been related on the authority of different Companions, and as such, some scholars like Ibn-is-Salah are disinclined to hold them as wholly unfounded.” Obviously Ibn-is-Salah is among the scholars who held the view of this night having a special character and status. His assertion, “…a large number of narratives have been related on the authority of different Companions”, raises the question of where the narratives came from? How is the large number of narrations from the Sahabi (rah) reconciled with “specifying this night is among the innovations prohibited by the evidence.” Aren’t the narratives, legal pronouncements and knowledge from the Prophet’s (pbuh) Ashab evidences for a variety of religious practices that have reached us? Clearly the above statement is another lie/deception the gravity of which moves one dangerously close to sectarian deviation if not complete deviation from the way of Islam. Does this imply the Prophet’s (pbuh) blessed Sahaba (rah) were Ah-oozo—billah-he, innovators or deceivers? Isn’t the above statement the equivalent of throwing aspersions on them despite the 100+ ayats of Allah’s Holy Book and the numerous authenticated ahadith reports on their virtue and status as the best of this Ummah which is among the stated beliefs of the Ahle-sunnah-wal-Jammah. Isn’t any view or belief challenging or worse rejecting the words of the Qur’an and Hadith tantamount to unbelief, hypocrisy or Bi’da? The word most often regurgitated by the anti-Sunnah gang in their accusation of practically everyone in the Muslim Ummah? Is the established status of the Sahaba as sources of guidance to be negated or ‘revoked’ because of the rantings of a few uneducated morons masquerading as scholars?

3)      In the Sahaba’s capacity as guides for this Ummah related to the issues under discussion was their well-known fear of misquoting or falsifying anything attributed to the Prophet Muhammad (pbuh). The late scholar Dr. Taha Jabir Al-Alwani writes, “...when the great Mujtahid Imams’ would seek source material from the Sahabi (rah) or Tabi’un (successors) for legal rulings they would often cite an opinion of a Sahaba or Tab’iun as evidence that was actually a hadith of the Prophet (pbuh) that was stated as an opinion of theirs rather than misquote the Prophet (pbuh). It was this same reverential fear (taqwa) that prompted Abu Bakr (rah) to burn a personal collection said to contain 500 or more Hadith.” From an article by the author “Sunnah and Hadith” Al-Minhaj Vol 7, No. 3  In light of this information is it even conceivable that the Prophet’s companions (rah) would have adopted  and then passed on a weak or innovated practice? Is this consistent with the Prophet (pbuh) directing the Muslims to follow Him and His Companions to the extent of describing the rightly guided group or sect of Muslims as those who follow this way?

The problem for those seeking the truth on this matter and several others is centered around a singular point: The issues in question are connected to the science of Usul-al-fiqh that many Muslims may not fully appreciate because of the lack of education on the subject and several interconnected topics. This is essentially the ‘achilles heel’ of the rank and file to whom the deviants consistently push their wares. The point raised by Dr. Taha Jabir Al-Alwani regarding the source material for the Mujtahid Imam’s to make various rulings includes the practice or living tradition of the early Muslims that was also viewed as a legal precedent in addition to the authentic ahadith by Imam Malik and some of the other Mujtahid Imams. "The Syrian Jurists attached great importance to the practice of the Muslims (sunnat al-Muslimin). Al-Awza'i, their chief representative, incessantly and recurrently invoked the practice of the Muslims of his time. This practice, according to him, had its starting point with the Prophet (pbuh) and was followed by the Caliphs after him and verified by scholars.” Abu Hanifa and his companions are said to have accepted Sunnah as authoritative only when it is accompanied or backed up by the general practice of the Muslims.” This way of approaching Juristic issues by Imam Malik and the other Mujtahids were credible attempts to determine the actual Sunnah in light of abrogated Hadiths and practices that may have been in vogue in an earlier part of the prophetic Mission/movement and later abrogated. In addition to resolving new legal questions and cases that hadn't arisen during the lifetime of the Prophet (pbuh) and the Sahabi (rah).

Imam Malik Ibn Anas (rmtll) was an acknowledged master of the sciences of Hadith, Fiqh and sunnah, meaning that he possessed a through grasp of the ahadith and its Isnad.  The context and meaning of  Hadith (matn) from the interpretative aspect, the legal texts and principles of the Qur'an, the legal decisions of the Prophet (pbuh), the legal opinions (fatwa) of the Sahabi (rah) and their collective legal decisions (Ij'ma).  The fatwa of a group of ataba-Tabieen fiqh Jurist-consult lawyers, the acknowledged masters of Medinan Jurisprudence collectively known as the seven jurists of Al-Medina (although some authorities say there were at least ten) and the living tradition (sunnah) of the early Muslims. It is from all of these sources Imam Malik was able to competently make Itjihad, fatwa and establish the Juristic methodology and codification for the school/Math’hab that would eventually bear his name.

In certain cases Imam Malik would set aside a ahadith of the Prophet (pbuh) in favor of a practice or fatwa attributed to a Companion or a group of Companions (rah) based on the argument that the precedents of the Sahabi (rah) actually represented the genuine Sunnah as the Companions were in a better position to know the authentic Sunnah because of their long association with the Prophet (pbuh). This view cannot be undervalued or ignored as the Mujtahid scholars among the Sahabi (rah) initiated practices and made fatwa after the Prophet (pbuh) in light of new situations that arose during their time, an action they were competently trained for by the master himself (pbuh). Imam Malik also considered the practice of the people of Medina to be a source of law and would reject a solitary (ahad) ahadith that conflicted with it. “In his opinion the Madinese practice [amal] represents the narration of thousands upon thousands of people from ultimately, the Prophet. It is, in other words, equivalent to a Mushhur[well known] or even Mutwatir" classification of Hadith.  Principles of Islamic jurisprudence by Mohammad Hashim Kamali pg.76  This information adequately demonstrates that one of the first and most enduring elements of Usul-al-Fiqh initiated by the Prophet (pbuh) and handed down from the Sahaba (rah) to their successors was the “living Sunnah or practice.”

It is in light of these facts that we see several things: 1) the difference between the terms sunnah and ahadith whereas the first is the practice and the latter its documentation (ahadith/ riwayah). Although the two terms are synonymous today practice was first. 2)  Contrary to the view that only authenticated ahadith determines the authentic Sunnah, the legal fatwa both individually and collectively (I’jma) of the Sahaba is also an integral part of it so that when this primary source material was authoritatively passed on to the succeeding jurists/Mujtahid Imams it became part of the foundation for what is known today as the Ahle-Sunnah-wal-Jammah Math’habs.    

What has to be the biggest stumbling block for most Muslims on the issues in question that provides an entrance way for the deviated to ply their deception is expressed in the following words, “…Practice was stressed because being in conformity with the ideal conduct of the Prophet did not require documentation …it was a proof by itself. But when in the first place this practice lost its resemblance with the ideal Sunnah because of the gap in time, the need of Hadith became more and more acute. Hence the early schools emphasized the practice (‘amal) of the community more than al-Shafi. Even among the pre-Shafi fuqaha’ those who were nearer to the time of the Prophet laid more stress on practice than those who were farther from his time. The latter, despite their occasional reference to the practice, frequently quote Hadith for its proof.” The early Development of Islamic Jurisprudence by Ahmad Hasan Pg.91  

               Muhaddith and Fuqaha/Muj’tahid

       The scholars mention of the ‘gap in time’ and the need of Hadith because of it is significant. “In Allah's wisdom, the age of the Fuqaha had to precede the era of the Muhadditheen because the formulation of the Shariah required fiqaahat (spiritual insight and understanding), not staggering powers of memory.  There was no need for classification of Hadith in the age of the early Fuqaha because the Ahadith were acquired from the highest authorities, namely, from the Sahaabah themselves or from the illustrious Ulama and Fuqaha who were Students of the Sahaabah. The words and views of the Fuqaha are therefore, final and binding, not the classification of the Muhadditheen. Clearly, “the classification of Hadith by the Muhadditheen cannot be cited in negation of Fatwa (verdict) issued by the Fuqaha. Islam did not begin with the age of Hadith compilation by the Muhadditheen two centuries after Rasulullah (sallallahu alayhi wasallam).  Islam which was acquired by the Sahaabah from Rasulullah (sallallahu alayhi wasallam) was passed on by these Sahaabah to the Taabieen who in turn transmitted it on. In this manner it reached us in a chain of unbroken and authoritative transmission, independent of the compilations of the Muhadditheen. Hadith categorization and classification by the later Muhadditheen are not any hujjat (proof) against the earlier Fuqaha.  Thus, if a Muhaddith has classified a Hadith as Dha-eef (weak/forged) while the Fuqaha and Aimmah Mujtahideen had formulated a hukm (Shar'i ruling) on the basis of that same Hadith, the classification of the Muhadditheen cannot be cited to negate the ruling of the Fuqaha.” The Fuqaha and Hadith Classification The Majlis, Voice of Islam Vol. 5, No.4     This is because “…a hadith which has been classified dha-eef by the Muhadditheen some 200 years later could have been Saheeh during the age of the Sahaabah and the Taabieen on account of the source of authenticity from which the fuqaha had acquired the Hadith. With the passing of time, a weak link could have crept into the sanad (chain of narrators).” The Fuqaha and Hadith Classification The Majlis, Voice of Islam Vol. 5, No.4 Thus, the canonical collections of ahadith by the Muhadditheen (i.e. Sahih Sitta and others) centuries later had little or no impact on the authority and status of the fiqh schools and their rulings. Instead of providing proof of the ‘error’ of the math’hab’s as some assert if a legal fatwa or hukm conflicted with a ahadith the very opposite was often proven true. One scholar explaining the function of the Math’habs’ in the early period of Islam writes,“…If we were asked to define them, we might sum up as ‘sophisticated techniques for avoiding innovation.”  It should also be known that the Math’hab’s and their founders not only laid down the criteria for transmission (Isnad) and interpretation of various reports (riwayah/ahadith) but issued rulings/Hukm from these primary texts as stated above. Again we witness the misguided twisting the function of the schools/Math’habs’ when accusing them of what they protected the Ummah from, Bi’dah/deviant beliefs and practices.

       Another fact to consider is what is known in the ahadith sciences as the golden chain (isnad) used by Imam Bukhari and others: Ibn U’mar, to Nafe’ to Imam Malik to Imam Shafi to Imam Ahmad ibn Hanbal to Imam Bukhari. After the Sahaba is the Tabi’un, three of the Math’hab Imam’s are next showing the inseparable connection of the Fiqh and Hadith scholars and the sciences they laid the foundation for. It is from this standpoint that a sign of deviation is to take fiqh out of the equation and rely only on the ahadith as many of the early fuqaha were ahadith scholars themselves or in the case of Abu Hanifa possessed extensive knowledge of the subject. “…His standard of criticism has been considered as extremely rigorous…Ibn Khaldun writes: Why Abu Hanifa has so few traditions is because he imposed strict conditions on narration and transmission.”. “The idea, although it failed to meet with popular acceptance, did not fail to exert its influence in determining the future development of Hadith. Its influence is clearly visible in the principles of personal judgment laid down by Malik and Shafi”.  Secondly, as the above quote shows the standards of the Imam’s of fiqh were adopted and later became among the foundations of the ahadith sciences. Thus,“the classification of ahadith by the Muhadditheen (Hadith Authorities) is not applicable to the earlier Fuqaha and the Aimmah-e-Muujtahideen such as Imaam Abu Hanifah and Imaam Maalik.” The Fuqaha and Hadith Classification: The Majlis, Voice of Islam Vol. 5, No.4

       But what has to be the most important proof of the difference between the muhhadith and the fuqaha and the knowledge and insight of the fuqaha having precedence is from the Prophet (pbuh) who made the distinction. “…For some of those who deliver (the hadith) do not understand the knowledge and they deliver it to some such persons who possess greater understanding than the deliverer.”   (Abu Daw’ud, Tirmidhi)  “This hadith shows very clearly that some narrators of hadith (Muhadith) inspite of being a Hafiz of hadith are men of little understanding in so far as the meanings and subtleties are concerned”. Taqleed wa-Ijtihad by Maulana Muhammad Masihullah Khan pg. 15. The scholars words are proven by several reports in the early fiqh works such as Imam Malik’s Muwatta where certain Sahaba corrected their brethren who could not make Ij’tihad or whose understanding of a particular fiqh issue was deficient. It is reports like this that prompted Imam Malik’s esteemed colleague, one of the seven Jurists of Medina, Ibn Uyayna to say, “Hadiths are a source of misguidance except for the fuqaha”.

       This important religious truth is showcased by the writer on the mistakes of contemporary Muslims who gives a ‘ruling’ on a practice many Muslims view as lawful and beneficial, deeming it bid’ah. This is a clear example of someone who has no idea of the value of one of the essentials of Usul-al-fiqh. I mention this in light of the many ayat and ahadith that warn of the sin of not following or adhering to the rules and beliefs of Islam based on accredited scholarship that protects one from misinterpreting the text sources or worse issuing ‘verdicts’ based on ignorance or fanciful assumption/imagination. In addition is the interpretation of the Prophet’s command to follow the community by Imam Shafi and others meaning what the main body holds as lawful and abandoning what the community holds as unlawful, for this is where Allah’s protection lies as stated in several ahadith. Therefore, every type of misguidance and deviation in belief or practice is outside of what the community holds as lawful, while the Mujtahid Imams are the Ummah’s only representatives.    

4)      “…The fact is a weak or solitary report (Ahadith) does not and should not become the basis of rejecting a good practice especially when the early generations (Salaf-Saliheen) have validated such practices by maintaining and then passing them on despite the strength or weakness of the Isnad. When commenting on a weak narrative (Ahadith) on not praying two ra’ka of attiyat-ul-masjid during Juma’s khutbah, we have, “One of the principles of Hadith (usul-al-Hadith) is that any narration supported by the constant practice of the Companions and Followers will acquire enough strength to be used as evidence. This means that the message of the above Hadith, despite the criticism leveled at its chain, can be accepted.” Fiqh al-Imam (Key proofs in Hanafi Fiqh) by Abdur-Rahman Ibn Yusuf, pg. 168. This is the same logic that is applied to accepting the middle night of Sha’ban as a sacred night and performing some acts of optional/nafl worship in it. Although it is not a strongly emphasized Sunnah of our Prophet (pbuh) it’s virtue was reported by various Sahabi (rah) despite its weak transmissional line. Thus many scholars and elders of this Ummah look upon it as a means of acquiring additional blessing, but none have called or referred to as a bid’ah or innovation because of the transmissional line.    

       To summarize, the rejection of a practice that comes from ‘weak’ ahadith despite many narratives from the Sahabi or Tabi’un is not a simple cut and dried matter as some people might like to believe. This is why one Mujathid would accept a particular ahadith while another would take an established practice going back to the Prophet (pbuh) despite in some cases based on a supposedly ‘weak’ ahadith. Or Imam Malik’s view of Medinan—amal as an acceptable source of law and religious practice. Suffice it to say the issues involved are essentially of a juristic nature belonging to the scholarly realm meaning the logic, evidence and subsequent rulings of the fiqh scholars are to be accorded the respect due to them as the Prophet’s (pbuh) inheritors. It is the myriad of issues involved that ensures numerous blunders when in the hands of the uneducated reinforcing the necessity of acquiring knowledge from religious scholars and their students as our Prophet (pbuh) directed.

                                                 

MIDDLE OF SHABAN

Our Prophet (pbuh) said, ''If the night of Nisfu Sha'ban comes, you have to spend part of it worshiping by means of reciting the Qur'an, listening to the Qur'an, sitting in the Masjid listening to preachment, praying, asking Allah to forgive you and to help you to repent, and repeat this saying, SAL-LAL-LAH-HU-AL-LAY-HE-WA-ALA-ALI-HE-SAY-YEED-DINA-MUHAMMAD (to say peace on the Prophet).

You are required, (i.e., you should) fast this day of Nisfu-Shaban because the night and the day have superiority over other nights and days. During this night of Nisfu-Shaban Allah comes close to his servants and calls, Who is in need of forgiveness, so that He may forgive him; Who  is in need of sustenance, so that He may give him sustenance; Who has disaster, so that He may help him get rid of it and so on until the dawn appears.”  (Ibn Majah)

The whole month of Shaban has superiority over many of the other months. You are required to fast several days in this month as the Prophet Muhammad (pbuh) used to fast in Shaban more than he did in all other months except Ramadan. Everyone is required to fast in Ramadan and some other days in each month as fasting in the month of Ramadan is obligatory, while each obligatory worship has surrounding it some voluntary worship of the same nature. This is because when the person repeats the voluntary worship this will prepare his body and soul to do the obligatory worship easily and correctly.

Accordingly, each one of us should fast three days every month and Allah (shwta) will
double those days and the righteous work of those people ten times. Whoever will fast three days a month will get the reward of the whole month. And it is negligent for a person to fast Ramadan and remain not fasting until the next Ramadan comes, then he will feel that the fast of Ramadan is a difficulty. But if he practices fasting from time to time he will feel that it is easy.

Brothers and Sisters, intend to fast on the great day of Nisfu-Shaban because its fasting has a great reward. Try to purify your heart by means of repentance, (Tawuba) spending your money (Halal earnings) which Allah gave you in some good, sound, Islamic way ... "

                                                           COMMENTARY

In addition to the voluntary practices mentioned in the above Khutbah, some Ahadith of our Prophet (pbuh) mention these practices also: 1) Fasting on the 13, 14, and 15 of Shaban. 2) To avoid fasting on the last two days of Shaban. 3) Fasting as many days as possible in the month of Shaban.

                                                        NEW COMMENTARY

In recent years some people have challenged the practice of fasting in the middle of Shaban along with the spiritual merit of extra worship on this night, arguing the weakness of the Ahadith, specifically the Isnad (chain of narrators) renders the practices advocated invalid or without merit. And like the doctrine these arguments are based on, the presumption of error, sinfulness or deviation due to superficial and often haphazard research and information becomes apparent. It should be understood that the large body of reports on a particular religious practice indicate its being known to the Sahaba (rah) and the Tabi’een. One scholar writes, “Though the line of narrators of none of these is reliable, as judged by the criteria laid down by the scholars of the traditions (Hadith), the number of such narratives is quite large and these have been related on the authority of different Companions, and as such, some scholars like Ibn-is-Salah are disinclined to hold them as wholly unfounded.” The Meaning and Message of the Traditions, By Mohammad Manzoor Nomani, Translated from Urdu by Mohammad Asif Kidwai Vol 3, Pg.92  

Secondly, the fact is a weak or solitary report (Ahadith) does not and should not become the basis of rejecting a good practice especially when the early generations (Salaf-Saliheen) have validated such practices by their maintaining them despite the strength or weakness of the Isnad. When commenting on a weak narrative (Ahadith) on not praying two ra’ka of attiyat-ul-masjid during Juma’s khutbah, we have, “One of the principles of Hadith (usul-al-Hadith) is that any narration supported by the constant practice of the Companions and Followers will acquire enough strength to be used as evidence. This means that the message of the above Hadith, despite the criticism leveled at its chain, can be accepted.” The author goes on to mention some authenticated Ahadith that mention the same prohibition of avoiding prayer at that time. Fiqh al-Imam (Key proofs in Hanafi Fiqh) by Abdur-Rahman Ibn Yusuf, pg 168.

Laylat-al-Qadr is known to be a blessed night by the words of Allah (shwta) that was the beginning of the Holy Qu’ran’s revelation to Prophet Muhammad (pbuh). In Sura Dukhan Allah says,“…We sent it down during a blessed night for we ever wish to warn against evil. In that night is made distinct every affair of wisdom. By command, from our presence. For we ever send revelations.” (44:3-6) After mentioning the blessings of Laylat-al-Qadr in Ramadan regarding these ayats, referring to the ayat,“By command, from our presence” we have, “…According to some traditions (Hadith) it is known that it is the 15^th night of the month of Sha’ban, popularly known as Shab-e-Bara’t”. Tafsir-e-Usmani by Allama Shabbir Ahmad Usmani, Vol 3, pg. 2144

“Ibn Arabi says: In my opinion the view of those who believe that Lalyatul Qadr comes on various nights throughout the year, is most correct because twice have I seen it Sha’ban—once on the 15^th and once on the 19;”. Virtues of Ramadhan by Shaikhul Hadith Muhammad Zakariyyah Saheb, pg. 61 Similarly, one scholar writes,“…However, the commentaries also mention that this ‘blessed night’ may be that of mid-Shaban (laylat al-baraa). This view is based on the profusion of Hadiths on the great merits of the latter”…“Concerning supererogatory worship on the night of mid-Shaban, Suyuti [the Muffassir] says, As for the night of mid-Shaban, it has great merit and it is desirable (mustahaab) to spend part of it in supererogatory worship.”  Encyclopedia of Islamic Doctrine by Shaykh Muhammad Hisham Kabbani Vol. 6, pg.100 

And, from Ibn Taymiyya, “…However the opinion of many of the people of learning, and that of the majority of our companions (i.e. the Hanbali school) and other than them is that it is a night of superior merit and this is what is indicated by the words of Ahmad (Ibn Hanbal), in view of the many ahadith which are transmitted concerning it, and in view of what confirms this from the words  and deeds transmitted from the early generations (al-athar-al-Salafiyya). Some of its merits have been narrated in the books of Hadith of the Musnad and Sunan types. This holds true even if other things have been forged concerning it”. Encyclopedia of Islamic Doctrine by Shaykh Muhammad Hisham Kabbani Vol. 6, pg.100 

“..It is fully established through a large number ahadith that the Holy Prophet (pbuh) has emphasized on the merits of fasting in Sha’ban and particularly in the first half of the month. The 15^th day of Sha’ban being the last day of the first half, is included in the preferable days for fasting. Secondly, the merits of the 15^th night of Sha’ban is established by more than a dozen ahadith. It means that this night should be spent in prayers and other forms of worship.

On the other hand, all the blessed nights which the Muslims are advised to spend in worship are generally followed by fasting on the coming day like in the Lailatul-Qadr, where fasting on the following days is obligatory, or like the first night of Zulhijjah where fasting on the following day is optional, rather advisable. On this analogy too, the 15^th night of Shaban may be followed by an optional fasting on the following day…It is for these reasons that some Ulama and elders have been fasting on the 15^th of Sha’ban and have been taking it an advisable practice.” Contemporary Fatawaa by Justice Mufti Muhammad Taqi Usmani, pgs.109,110 Note-this book goes into detail on the criticism of the Isnad of certain Ahadith among the scholars of Ahadith that are considered weak and some scholars views on adopting fasting and extra worship which was reproduced above.

 

To summarize, the acceptance or rejection of a Ahadith along with the practice that comes from it is not a simple cut and dried matter as some people would like to believe. In most cases the issues involved are essentially of a juristic nature belonging to the scholarly realm. This explains why one Mujathid would accept a particular Ahadith while another would take an established practice going back to the Prophet (pbuh) although based supposedly on a weak or deficient Ahadith as in the Maliki view of Medinan—amal as a source of law. It is points like these that reinforces the need and necessity for learning from qualified religious scholars and their students. One final note, there was said to be a reprehensible (bi’da) practice connected to Shaban, namely praying 100 rak’ka’s in the middle of Shaban; this practice is neither advocated or endorsed from the above information. See Umdat as-Salik (Reliance of the Traveler) translated by Noah Hamim Keller, pg 162

 

                                                  

                                   HOMOSEXUALITY/ZINNA

Recently, I was asked a question on equal rights as it relates to the Islamic view of homosexuality. First—Muslim scholars say the Prophet (pbuh) was reported to have condemned it as a cursed act and should be punished like adultery.  His inheritors (i.e. the religious scholars) have thus classified it as a form of Zinna (adultery). (Qur’an 4:16,26:165-66)

Second—“In the West today homosexuality and lesbianism have come to be seen as an alternative lifestyle subject to personal preference…Arguments in favor of tolerance in same sex relationships are based on the assumption that homosexual behavior is biologically based on and not merely learned from society. Islam considers homosexuality to be the result of human choice. Human beings are not robots to do only what they are programmed to do. They choose how to behave, and God holds them responsible for their choices. It is inconceivable that God would have made some people homosexuals and declared it a punishable crime. To accept such is a proposition is to suggest that God is unjust”. The authors go on to write, “Inclinations can exist within humans toward a variety of natural acts and unnatural ones such as rape, pedophilia or bestiality. These inclinations may arise from media influence or direct contact, but it does not mean that free reign should be given to them. Muslims are under obligation to control and overcome such inclinations in obedience to God”. In the footnotes we have in part, “…Islam considers deliberate efforts to change this nature as rebellion against the Creator.”  Clear your doubts about Islam, Saheeh International/ Abul Qasim Publications pg. 43  

Third—A few pages after the above we come to the question of the harshness of the Islamic penal code on sexual activity outside of marriage. “..Punishment in Islam has a social purpose, which is to dissuade others from committing the same crime…The western view of man-woman relationships is usually that of permissiveness, one that accepts extramarital and illicit relationships as normal. The greatest casualty of irresponsible sexual behavior has been the family, in particular, children. Islam views sexual relationships outside of marriage as a very serious matter because they destabilize the family and thus contribute to the breakdown of the entire social system. Islam emphasizes protection of the family by imposing severe punishments for activities that threaten the family foundation. These punishments are the same for men and women and only a legitimate government can implement them….“In addition, Muslims, whether married or unmarried are instructed as to proper dress and behavior at all times. Privacy is to be respected and compromising situations strictly avoided as a matter of obedience to God.”  Clear your doubts about Islam, Saheeh International/ Abul Qasim Publications pg. 46-47              

   

Fourth—At this point, some will argue there is no destabilization of the family resulting from homosexual relationships as no children come from such unions. This is exactly the point; lessening the pro-creation of mankind by its accepted and natural means, along with the blessings of family through the sanctity of the heterosexual marriage tie by redefining its requirements/elements. Thus, the effect of homosexual unions is similar to celibacy, bachelorhood or worse unnecessary abortion/murder as attacks against the family to a greater or lesser degree. The result of such behavior is an increase in deviated lustful desires, dissolution of blood-ties and painful diseases unlike what was suffered by the previous nations as the Prophet (pbuh) warned. (Ibn Majah, Al-Hakim) When analyzing the aims and purpose of the sacred Shariah, our genius-level Fuqaha (Fiqh scholars) have surmised that every ordinance and prohibition is connected to what they have designated the five values or the priority areas of life in this world that require protection: 1) life, 2) family, 3) property, 4) religion; and 5) the intellect. When you interconnect the family as a major support and means of perpetuating the religion outside of proselytizing, two of the above values are threatened by such behavior giving insight as to why it is unlawful.

Fifth—The explanations given above are essentially for Muslims by Muslims. I mention this as people who are not Muslims will always question and challenge both the commands and prohibitions of Allah. ( shwta) It is the challenging and rejection of His law that renders them kuffar/infidels. This is not only for those who disobey the laws He has revealed to the previous religious communities as well as to the Muslim Ummah, but includes those who legislate/create laws that oppose what was revealed. “AND THOSE WHO DO NOT JUDGE BY WHAT ALLAH HAS REVEALED ARE NO BETTER THAN UNBELIEVERS..”(5:44,45 (wrongdoers, great sinners and 47 rebels). Although these ayah are Allah’s response to the Jews for modifying or abrogating the Mosaic law of stoning (rajm) for Zinna (fornication/adultery) and blood wit (Qisas), its’ principle and particulars are applicable for the Ummah of Muhammad (pbuh) in the last Shariah. 

Allah says, “BUT HOW WOULD IT BE IF SOME DISASTER BEFELL THEM ON ACCOUNT OF WHAT THEIR HANDS HAVE COMMITTED, AND THEN THEY CAME TO YOU SWEARING BY ALLAH THAT THEY DESIRED NOTHING BUT AMITY AND RECONCILLATION.” (4:62) “Many people today are prepared to defend man-made laws and systems, believing them to be the best and most beneficial to humankind. However, when societies begin disintegrating and crime starts to eat into the fabric of society at all levels they retreat from their positions and start to think again. Concerning these, the Sura says: ALLAH KNOWS WHAT IS IN THEIR HEARTS. IGNORE THEM, AND ADMONISH THEM, AND SPEAK TO THEM ABOUT THEMSELVES WITH ELOQUENCE AND FORCE (63).” “Of course every unbeliever or hypocrite has his or her own point of view to uphold and argue”. A thematic commentary on the Qur’an by Shaykh Muhammad al-Ghazali, pg.67.         

Sixth—The question of equality in any and everything is a Shaitanic con job the kuffar attempt to impose on the world. “Men are the protectors and maintainers of women, because Allah has given one more strength than the other, and because they support them from their means”. (4:34) In addition to this is the inheritance law. The general rule is the woman inheritor is given less the amount of her brother’s share of inheritance. On the surface this seems unfair, but the logic of the religious law is men are monetarily responsible for those under their charge; women, children and the elderly relatives. Usually a woman will leave her father’s house to move to her husband’s, who is then responsible for her support and protection. The religious law takes into account the man’s financial obligations and gives him the larger share of the inheritance that provides him with a financial stake for what he is responsible for; starting with the prospective wife’s dowry.  This same logic can be applied to education particularly secular education as men will need education both basic and advanced as a tool to procure a decent livelihood in the industrialized world. The above ayah (5:45) and others (57:25) present the argument/view and belief that true justice or equal rights can never be found in any ordinance or system outside of the sacred Shariah.