Introductory Notes on An Important Topic

The idea of the Islamic Movement has long been criticized for being “nontraditional” or “innovative”. Some have claimed that such an idea has no foundation in the religion, and the methods of comprehensive social, political, economic, family-oriented, and educational change which are propounded by scholars and activists in the movement are scattered at best, and divisive, overly liberal, or even radical at worst.

It is important to note that great scholars of the 20th century, including Sh. Abdul Fattah Abu Ghuddah (ra), Sh. Yusuf Qaradawi, Ml. AbuHasan Ali an-Nadwi, and many others have recognized the idea of a balanced, comprehensive, organized effort, to bring about benefit to society and prevent harm.

The idea that Islamic Work to benefit society should be organized in a way that places emphasis on the higher priorities as a pathway to unity, and less emphasis on the lower priorities as a pathway to preventing discord and strife is well rooted in the Shari’ah itself. This method forges a comprehensive path of work which benefits all members of society, socially, educationally, and in other areas of focus. Furthermore, that this idea should take precedence over the call of any single organization, any single scholar, any single madhab or school, or any single political or ideological goal and lets such divisions give way to unity based on core Islamic values and beliefs, is also found within the religion.

For this, we will take a cursory look at two subjects with can be studied in the wide corpus of Islamic Law:

1. Usul ul Fiqh - The Methodology of Deriving Islamic Law from It’s Sources
2. Maqasid ash-Shari’ah - The Study of the Purposes and Intents of Islamic Law
(Note: It is fitting and important that we learn them and address them in this order, rather than the reverse - as it is important to remember that the Law is drawn from the primary texts, not from the study of intents as an independent source in and of itself.)

Usul ul Fiqh
This science is fundamental to understanding the Shari’ah and has wisdoms which are often overlooked. In it is the framework for interpreting Allah’s Law - but we should also look at it with a desire to understand what other wisdoms we can draw from it.

We find that the Ahkam At-Takleefiyyah (The Categories or Levels of Obligation) into which any act of any human being with a sound mind and maturity can be placed are:

Wajib/Fard - Obligatory
Mustahab/Sunnah - Recommended
Mubah - Permitted
Mukrooh - Disliked/Discouraged
Haram - Forbidden

A cursory glance at this breakdown should show us that the Shari’ah has a principle built into it, which is central to Islam, as well as to the thought of the Islamic Movement. This principle is Priority - which some scholars have named - Fiqh al-Awlawiyaat - the Fiqh of Priorities. Determining and acting according to priority is a foundational principle of the Islamic Movement.

When we look at these Ahkam, we see that Allah (swt) has prioritized some acts of drawing close to Him as Obligatory, and made others as Recommended, of a lower priority. We see then that the wisdom of priority - in classifying a difference what actions are immediately and pressingly important, and what actions are good but can be done at a later time - are central to Islam and its Divine Law. The Prophet (saw) himself divided these for us when he taught us the various types of prayers and acts of worship.

In addition, the time and place of the one who is obligated (Mukallaf), also has a bearing upon the deeds that are priorities for him to perform. For example, if one is sitting in a masjid where regular prayers are held and one hears the Adhan (call to prayer) - such a person becomes obligated to stay at the masjid and pray with the Jama’ah (according to the Hanafi madhab). He should not go and give charity or make arrangements for Hajj. He should pray. Thus, the time and place of the Mukallaf has a direct bearing on his obligations. This is why Ibn al-Qayyim (ra) stated said that the best of worship is based on time and place.

So one should recognize and accept the idea, that when it comes to doing Islamic work within one’s community or society to better the situation, one should not ignore the concept of priority or cast it away as foreign to Islam. Nor should one continue on with a methodology of work of an organization that may be outdated and takes nothing of the current time or place into account. One should take current situation into account and devise a strategy to perform work to benefit the people and Islam in a wise, throughly researched, and stable manner. In addition, when enjoining good and forbidding evil, one should concentrate on the priorities laid out by the Shari’ah. One should concentrate discouraging Haram and enjoining Wajib acts first, instead of putting culturally despised Makroohs and culturally over-emphasized Mustahabs as the most important symbols by which to call people who may have struggling in their deen.

When we study usul-ul-Fiqh, we find other other concepts which upon closer examination give us the ability to provide more evidence from our legal framework to the idea of a balanced, organized, methodical way of working in a society and staying away from extremes. Among these concepts are ‘Urf (Local custom), Istihsaan (Juristic Preference to avoid undue rigidity or unfairness) which was accepted by the Hanafi, Maliki, and Hanbali schools, and Maslahah (benefit). Though the usage of these principles differ amongst the schools in their specifics, their existence as valid principles within the Islamic legal framework is at this point, beyond doubt.1

Because this is an introductory view of the topic, we will examine these other principles, and how their place in Islamic Law lends a great amount of credence to the principles of the Islamic Movement at a later time.

Maqaasid Ash-Shari’ah

Though we cannot spend too much time going over the history of this concept, we will quote an article by Sh. Mohammad Hashim Kamali on the topic:

“The ‘ulama’ have classified the entire range of masalih-cum-maqasid into three categories in a descending order of importance, beginning with the essential masâlih, or daruriyyat, followed by the complementary benefits, or hajiyyat, and then the embellishment tahsiniyyat. The essential interests are enumerated at five, namely faith, life, lineage, intellect and property. These are, by definition, essential to normal order in society as well as to the survival and spiritual well being of individuals, so much so that their destruction and collapse will precipitate chaos and collapse of normal order in society. The Shari’ah seeks to protect and promote these values and validates measures for their preservation and advancement.” 2

For those who are curious, some of the pioneers in this field classically, were lmam al-Haramayn al-Juwaynî (d. 478/1085), and his student, the Proof of Islam, Abu Hamid al-Ghazali (d. 505/1111). After them, another very important pioneer in this field was Imam al-Shatibi (d. 790/1388). More information on the development of the science can be found in a book published by the IIIT on Imam Shatibi’s theory.

Back to our topic, we see these Kulliat-al-Khams (Five Universals) or priorities of Law and Rights of Individuals are:

1. Faith (Deen)
2. Life (Haya)
3. Intellect (Aql)
4. Honor and Lineage (Nasl)
5. Property (Maal)

That each of these are protected according to three levels:

-Essentials
-Benefits
-Beautifiers/Embellishments

We have provided an example below for readers who are unfamiliar with the concept3

When we look at scholars and activists who described the Islamic Movement, we see that their works concentrated around benefiting the society by helping to protect, preserve, or advance the health and safety of people with regards to the Five Universals.

Among the goals of the movement are:

-Promoting and calling to a sound belief in One God
-Propagating the Sunnah
-Staying within the Community
-Working to promote purification of the hearts and sunnah-based spirituality
All of which are advancing and promoting Deen/Faith

-Political Work to Benefit Constituents and Protect Rights and Liberties
-Defending the Oppressed and the Innocent
Which is quite comprehensive in nature and can benefit all five universals by protecting people’s rights in each category

-Providing Institutes of Culture and Learning
Promotes the Universal of Aql/Intellect

-Promoting Just and Fair Commerical Activity
Promotes the Universal of Maal/Property and Property Rights

-Promoting a Welfare System, based on Zakah and voluntary donation
Promotes the Universal of Property by providing monetary help, and the Universal of ‘Aql/Intellect in some societies by providing educational opportunities for otherwise underprivileged individuals

We see further evidence of prioritization in the three levels of protection - that in Islamic Work, we should not sacrifice the essentials to preserve the embellishments. The practical implementation of this principle is vast - such as not destroying brotherhood over the issue of covering the ankles in prayer, and creating enmity between the hearts of believers over ridiculous differences of opinion on minor issues. It allows us to look at our communities with a framework and a lens which lets us determine what is important and should come first, and what should remain till later. It allows unity, fraternity, and God-consciousness to prevail over sectarianism, division, hatred, and desires for power.

Thus, we realize that the goals of the Islamic Movement when understood correctly are neither radical, scattered, unorganized, nontraditional, or liberal. They are neither harsh, nor overly lenient. They aim for steering individuals, families, communities into creating just, fair, free, and God-conscious societies through honest, open, industrious work. They shun any action which brings about harm to people and brings about destruction - as the movement is in nature a constructive process. Their foundational principles are neither invented by Western orientalists, nor Muslim literalists, nor fringe scholarship - but are founded within the heart and soul of a long tradition of Muslim scholars of Law, dating back to roots of Fiqh itself, and before that, to the wisdoms employed and demonstrated by the Messenger (saw) of God.

And Allah (swt) knows best.

Abdul Sattar
Chicago, IL - December 2007

1. Principles of Islamic Jurisprudence, by Mohammad Hashim Kamali, The Islamic Texts Society, 5 Green Street, Cambridge, CB2 3JU, UK, 1991.

2. Maqasid al-Shariah: The Objectives of Islamic Law by Mohammad Hashim Kamali

3. As a religious example, we consider Worship of One God to be an Essential of Faith. There is absolutely no compromise with this as it is the highest priority of the highest universal. Ghusl and Wudu’ however, are considered an embellishments or beautifiers of Faith - they beautify and clean the worshipper. Hence, if water is unavailable, poisoned, or if one fears that use of it will lead to death (as it did in the story of the Companion who was injured as related by Ibn ‘Abbas - Sunan Ibn Majah Vol. I), Tayammum (dry abolution) has been ordained. Why?

If using water will lead to death or extreme sickness - this is an attack upon the second Universal - Life. Being alive is obviously an essential to Life, and a beautifier of Faith can not take precedence over an Essential for Life. Thus, the commandment for Wudu’ drops until the use of water is no longer a threat upon the life of the worshipper and Tayammum becomes obligatory to preserve the Essential of Worshipping God.One should keep in mind that these texts have not been interpreted based upon intent, but the intent has been derived based upon the texts, as the verdict given by The Messenger (saw) in the case of the Hadith narrated by Ibn Abbas as referenced above, agrees with this analysis in its conclusion.

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