Abdur-Rahman Bin Nasir as-Sadi/Dr. Saleh As-Saleh Language: English | Format: PDF | Pages: 62 | Size: 1.5 MB
The Basic Rulings and Principles of Fiqh – The Beneficial, Eloquent Classifications and Differentiations.
The Lawgiver orders only that which is a
purely beneficial (i.e. no evil therein) or predominately beneficial
(meaning its benefits exceeds any evil therein). The Lawgiver forbids
only that which is purely evil or predominately evil (i.e. the good is
negligible when compared to the evil), giving precedence to warding off
the evil.
Qur’anic Foundation for Principle One
This foundation comprises the entire
shari’ah. Nothing is irregular when considered using this foundation.
There is no differentiation, whether this foundation refers to the
rights of Allaah or the rights of His slaves. Allaah (subhannahu wa
ta’ala) said (in the translation of the meaning):
«Verily,
Allaah enjoins al-‘Adl (i.e. justice) and al-Ihsaan, and giving (help)
to kith and kin and forbids al- Fahsha (i.e all evil deeds), and
al-Munkar (i.e. all that is prohibited), and Al-Baghye (i.e. all kinds
of oppression), He admonishes you, that you may take heed.»Surah an-Nahl (16:90)
From this ayah, it is clear that there is
no justice or goodness, except that Allaah orders it. Similarly, there
is no evil or munkar related to the rights of Allaah and no
transgression nor oppression related to the rights of people, except
that He forbade it. This is where this foundation is deducted from.
Also, Allaah said in the Qur’an (in the translation of the meaning):
«Say (O
Muhammad: sallallaahu ‘alayhi wa sallam): My Lord has commanded justice
and (said) that you should face Him only (i.e. worship none but Allaah
and face the Qiblah, i.e. the Ka’bah at Makkah during prayers) in each
and every place of worship, in prayers and invoke Him only making your
religion sincere to Him» Surah al-‘Araf (7:29)
As such, this verse comprises the basic
foundations regarding the commands and reminds us of their goodness.
Similarly, the following verse comprises the basis of all the
prohibitions while commanding us to say away from them, stating (in the
translation of the meaning):
«Say (O
Muhammad: sallallaahu ‘alayhi wa sallam): “(But) the things that my Lord
has indeed forbidden are al- Fawahish (great evil sins, every kind of
unlawful sexual intercourse, etc.) whether committed openly or secretly,
sins (of all kinds), unrighteous oppression, joining partners (in
worship) with Allaah for which He has given no authority, and saying
things about Allaah of which you have no knowledge.”» Surah al-‘Araf (7:33)
This verse begins by describing those
acts that are lesser in gravity, continuing on to those that are the
highest in magnitude and forbiddance.
In addition, Allaah said the following verse (in the translation of the meaning):
«O you who
believe! When you intend to offer as-Salaat (the prayer), wash your
faces and your hands (forearms) up to the elbows, rub (by passing wet
hands over) your heads, and (wash) your feet up to ankles. If you are
in a state of Janaaba (i.e. had a sexual discharge), purify yourself
(bathe your whole body). But if you are ill or on a journey or any of
you comes from answering the call of nature, or you have been in contact
with women (i.e. sexual intercourse) and you find no water, then
perform Tayammum with clean earth and rub therewith your faces and
hands. Allaah does not want to place you in difficulty, but He wants to
purify you, and to complete His Favor on you that you may be
thankful.»Surah al-Ma’idah (5:6)
After mentioning the command that when
one wants to perform the salaah that he must make wudhu with water if it
is available or otherwise clean earth, Allaah tells us that His
magnificent commands, which are from His greatest favors, are not meant
to be difficult but to provide good for us and to purify us.
Furthermore, contemplate His saying in Surah al-Isra (in the translation of the meaning):
«And your
Lord has decreed that you worship none but Him. And that you be dutiful
to your parents. If one of them or both of them attain old age in your
life, say not to them a word of disrespect, nor shout at them but
address them in terms of honor.»Surah al-Isra (17:23)
In the same Surah, Allaah affirmed (in the translation of the meaning):
«This is
(part) of Al-Hikmah (wisdom, good manners and high character) which your
Lord has revealed to you (O Muhammad SAW ). And set not up with Allâh
any other ilâh (god) lest you should be thrown into Hell, blameworthy
and rejected, (from Allâh’s Mercy).»Surah al-Isra (17:39)
To fully understand this verse, we must look at the preceding verses. Allaah said (in the translation of the meaning):
«And kill
not your children for fear of poverty. We shall provide for them as well
as for you. Surely, the killing of them is a great sin.(31)And
come not near to the unlawful sexual intercourse. Verily, it is a
Fâhishah [i.e. anything that transgresses its limits (a great sin)],
and an evil way (that leads one to Hell unless Allâh forgives him).(32)And
do not kill anyone whose killing Allâh has forbidden, except for a just
cause. And whoever is killed wrongfully (Mazluman intentionally with
hostility and oppression and not by mistake), We have given his heir
the authority [(to demand Qisâs, Law of Equality in punishment— or to
forgive, or to take Diya (blood – money)]. But let him not exceed
limits in the matter of taking life (i.e he should not kill except the
killer). Verily, he is helped (by the Islâmic law)(33)» Surah al-Isra (17:31-33)
Allaah continued by affirming (in the translation of the meaning):
«And come
not near to the orphan’s property except to improve it, until he attains
the age of full strength. And fulfil (every) covenant. Verily! the
covenant, will be questioned about.(34)And
give full measure when you measure, and weigh with a balance that is
straight. That is good (advantageous) and better in the end.(35)And
follow not (O man i.e., say not, or do not or witness not) that of
which you have no knowledge. Verily! The hearing, and the sight, and
the heart, of each of those one will be questioned (by Allâh).(36)And
walk not on the earth with conceit and arrogance. Verily, you can
neither rend nor penetrate the earth, nor can you attain a stature like
the mountains in height. (37)»Surah al-Isra (17:34-37)
Allaah then concluded with this comprehensive statement (in the translation of the meaning):
«This is
(part) of Al-Hikmah (wisdom, good manners and high character) which your
Lord has revealed to you (O Muhammad SAW ). And set not up with Allâh
any other ilâh (god) lest you should be thrown into Hell, blameworthy
and rejected, (from Allâh’s Mercy).»Surah al-Isra (17:39)
Contemplate these verses, the commands:
their utmost beauty, justice, and general goodness and benefits. And
contemplate these prohibitions: the harm, evil, and mischief that can
not even be enumerated. This is one of the greatest miracles of the
Qur’an and of the Messenger (sallallaahu ‘alayhi wa sallam).
«And the
(faithful) slaves of the Most Gracious (Allâh) are those who walk on the
earth in humility and sedateness, and when the foolish address them
(with bad words) they reply back with mild words of gentleness.(63)And those who spend the night in worship of their Lord, prostrate and standing(64)And
those who say: “Our Lord! Avert from us the torment of Hell. Verily!
Its torment is ever an inseparable, permanent punishment.”(65)Evil indeed it (Hell) is as an abode and as a place to rest in.(66)»Surah al-Furqan (25:63-66)
Allaah continued by stating (in the translation of the meaning):
«And those, who, when they spend, are neither extravagant nor niggardly, but hold a medium (way) between those (extremes).(67)And
those who invoke not any other ilâh (god) along with Allâh, nor kill
such person as Allâh has forbidden, except for just cause, nor commit
illegal sexual intercourse – and whoever does this shall receive the
punishment(68)The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace;(69)Except
those who repent and believe (in Islâmic Monotheism), and do righteous
deeds, for those, Allâh will change their sins into good deeds, and
Allâh is Oft-Forgiving, Most Merciful (70) And whosoever repents and does righteous good deeds, then verily, he repents towards Allâh with true repentance.(71)And those who do not witness to falsehood, and if they pass by some evil play or evil talk, they pass by it with dignity.(72)And
those who, when they are reminded of the Ayât (proofs, evidences,
verses, lessons, signs, revelations, etc.) of their Lord, fall not deaf
and blind thereat.(73)And
those who say: “Our Lord! Bestow on us from our wives and our
offspring the comfort of our eyes, and make us leaders for the Muttaqûn”
(pious – see V.2:2).”(74)Those
will be rewarded with the highest place (in Paradise) because of their
patience. Therein they shall be met with greetings and the word of
peace and respect.(75)»Surah al-Furqan (25:67-75)
Also, in Surah al-Mu’minun, Allaah began the Surah with (in the translation of the meaning):
قَدۡ أَفۡلَحَ ٱلۡمُؤۡمِنُونَ
«Successful indeed are the believers.»Surah al-Mu’minun (23:1)
Allaah then described the qualities of the believers (in the translation of the meaning):
«Those who offer their Salât (prayers) with all solemnity and full submissiveness.(2)And those who turn away from Al-Laghw (dirty, false, evil vain talk, falsehood, and all that Allâh has forbidden).(3) And those who pay the Zakât.(4)And those who guard their chastity (i.e. private parts, from illegal sexual acts).(5)Except from their wives or (slaves) that their right hands possess, – for then, they are free from blame; (6)But whoever seeks beyond that, then those are the transgressors;(7)Those
who are faithfully true to their Amanât (all the duties which Allâh
has ordained, honesty,moral responsibility and trusts) and to their
covenants;(8)And those who strictly guard their (five compulsory congregational) Salawât (prayers) (at their fixed stated hours). (9)These are indeed the inheritors.(10)Who shall inherit the Firdaus (Paradise). They shall dwell therein forever.(11)» Surah al-Mu’minun (23:2-11)
«And stay in
your houses, and do not display yourselves like that of the times of
ignorance, and perform As-Salât (Iqamât¬as¬Salât), and give Zakât and
obey Allâh and His Messenger. Allâh wishes only to remove Ar¬Rijs (evil
deeds and sins) from you, O members of the family (of the Prophet SAW),
and to purify you with a thorough purification.(33)And
remember (O you the members of the Prophet’s family, the Graces of your
Lord), that which is recited in your houses of the Verses of Allâh and
Al¬Hikmah (i.e. Prophet’s Sunnah – legal ways, so give your thanks to
Allâh and glorify His Praises for this Qur’an and the Sunnah). Verily,
Allâh is Ever Most Courteous, Well¬Acquainted with all things.(34)Verily,
the Muslims (those who submit to Allâh in Islâm) men and women, the
believers men and women (who believe in Islâmic Monotheism), the men and
the women who are obedient (to Allâh), the men and women who are
truthful (in their speech and deeds), the men and the women who are
patient (in performing all the duties which Allâh has ordered and in
abstaining from all that Allâh has forbidden), the men and the women who
are humble (before their Lord Allâh), the men and the women who give
Sadaqât (i.e. Zakât, and alms), the men and the women who observe Saum
(fast) (the obligatory fasting during the month of Ramadân, and the
optional Nawâfil fasting), the men and the women who guard their
chastity (from illegal sexual acts) and the men and the women who
remember Allâh much with their hearts and tongues. Allâh has prepared
for them forgiveness and a great reward (i.e. Paradise).(35)»Surah al- Ahzab (33:35)
We ask Allaah (subhannahu wa ta’ala) to
make us like those in all of these ayat (verses) where Allaah
(subhannahu wa ta’ala) described the best of creation. These verses are
perfect in their benefits. We remember the saying of Allaah (in the
translation of the meaning):
«Do they
then seek the judgement of (the days of) Ignorance? And who is better in
judgement than Allâh for a people who have firm Faith.»Surah al-Ma’idah (5:50)
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