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(Imam Hassan al-Banna (r))
Principle 16 Of The Tract On The 20 Principles of Understanding
Imam Hassan al-Banna said:
Corrupt practices and customs which are common among people do not change the reality of terms in the Shar’iah nor their aims and meaning. Rather, we must assess and ascertain with certainty the meaning of terms in the Shar’iah and stand guard against distortions and deceptive wordplay in matters pertaining to the here and here-after. What demands careful and scrupulous consideration is not names and terms themselves but what these names stand for and indicate in the Shar’iah. The rule is: “We consider the reality of terms and not terms alone.”
Commentary Of Shaikh Muhammad Abdullah al Khatib al Azhari and Muhammad Abdul al-Haleem Haamid (r) On Principle 16:
In this principle, Imam Hassan al-Banna (r) asserts the over-arching authority of the Shar’iah over conduct. And secondly that Shar’iah is the central reference for action and not social norms, custom, nor culture. Imam Hassan al-Banna (r) stresses here the importance of grasping the aims, indications and meanings words and terms possess in the Shari’ah. On the other hand, he cautioned against those who misuse the terms of the Shar’iah and lead people into to take up incorrect norms, customs and practices based on a faulty understanding of the Shar’iah. Unfortunately, many fall prey to corrupt custom.
Readapted and translated by: Abul-Hussein
Produced by: altranslators
Date: 2 Shaban 1430 (Hijri)
24 July 2009 (C.E.)
As-salaamu alaykum,
Can you translate this with an example?
AS
An Clarifying Example:
Shariah allows for the “financee” to be seen before marriage.
Two corrupt customs justify two extreme practices with regard to the finacee:
1.) The prospective husband is prevented from seeing the financee before marriage
2.) The prospective husband is given free rein to see and spend unrestricted and unsupervised time with the finacee
Here custom deviates from the original intent of the Shariah with regard to the finacee.
Another example:
The term Sufism has many meanings.
In one case Sufism means tazkiyyah (purification of the self through dhikr and prescribed worship)
In another case Sufism means the practice of seeking help (istigatha) from the dead of the Muslims especially those who are regarded saintly.
In Shariah purification of the is a prescribed matter therefore Sufism when it means tazkiyyah it is a matter prescribed by the Shariah. So although it is a loaded term -Sufism- rather than argue about its soundness we look to the meaning of the term. In the case it falls in line with Shariah we accept it and in the case it goes against Shariah we reject that meaning without falling into dispute over terms.
In the case of Sufism being considered by custom to mean istigatha then in this case we reject it. By custom istigatha has been confused with tawassul or intersession. Sufism as a term has become identified closely with istigatha and confused to be restricted to it. Therefore, we must understand what Shariah declares about istigatha and what it declares regarding tawassul. Tawassul (intercession) as a term has come into dispute, immediately, it is condemned as being an innovation that is kufr because it is considered Shirk and this is because it is confused with istigatha (imploring aid and support of others, in this case the dead). Intercession on the other hand varies in meanings the majority of which are agreed upon by all the scholars because of their groundedness in the Shariah. But there is one meaning for tawassul that is disputed and that is to ask Allah something by the honor of a person that is dead regardless of their status as a Saint or Prophet. The Ulema differ over this practice and many consider it to be a matter of fiqh not aqeeda and others consider it to be a matter of aqeeda.
These terms, then, are obscured by custom so rather than debate about them we have to understand what is intended by their usage in various scenarios while looking to the Shariah to understand their legitimacy before we totally reject or totally accept these terms.
Allahu Al'am
Abul-Hussein
Assalamu Alaykum
For example, in one madrasa my brother went to, they required him to wear a Shelvar Kameez. No jeans or T-shirt. There is nothing wrong with wearing a T-shirt and jeans as long as it doesn't go against the Shariah.
Assalamu Alaykum
Ali
Asharif
With all due respect, the Deoband (madrassah style) scholars are incorrectly trying to bring the culture of the Arabs in the time of the Prophet and claim that since the Prophet did it then it is Sunnah. For example Abu Jahl and Abu Lahab were wearing the same types of dress as the Prophet and the Muslims. There is no text which says that Muslims should dress a cerrtain way. Similarly all Arabs were eating on the floor with their hands. So generally this is cultural issues which are Arab and not Islamic. What is Islamic about dress and eating is what was revealed for example. Cover your Awrah, no silk for men, white is a color recommended to wear, eat with your right hand (even with a spoon), be moderate in bites i.e. don't eat big bites or stuff your mouth) for example most arabs then and now eat in globs from their whole hand whereas the Prophet ate with his thumb, index and middle.
Islam isn't against culture it just regulates it. The concept of the prohibition of looking like disbelievers was revealed in Madinah when the Muslims were strong and the authority. Plus the jumhoor majority of our scholars says that this refers to religious symbols since it is narrated that the Prophet wore clothes similar to the christians of najran. Now in the west trying to look eastern according to Ibn Taymeyyah isn't recommended. You morals/character/religious practice should define you not your clothes and customs as long as you are fulfilling the general requirements of Shari'ah covering Awrah (nakedness) etc… then you are fine. The point is lets make Islam a comfortable option for westerners by respecting and even abiding by cultures THAT DON”T CONTRADICT OUR CLEAR TEXTS.
Allah knows best
Should we label this “debate” as Islam vs. culture in reference to the dialogue about Muslim Hip Hop? While there may be issues surrounding so called Muslim Hip Hop, I think its important to differentiate between this phenomenon and other manifestations of culture in Islam (not merely the West) so that we gain proper perspective on the concept of 'Urf (customary practices) in the Deen which are congruent with the Shari'a of Islam.
We should draw attention to the fact that Imam Hassan al Banna was specifically referring to those cultural practices which are corrupt. In order for something to be corrupt it has to be flawed according to the Shari'a of Islam, not merely flawed according to our own intellect and understanding. The Shari'a is the base for these arguments.
Body modification (in reference to piercing) is not generally an accepted practice in Islam. However, the scholars have concluded that piercing of the ears and nose for a woman is acceptable based on the fact that this was considered beautifying in some cultures. So, although piercing generally has the ruling of impermissible because its considered body mutilation (muthla), the dispensation for the ears and for the nose this dispensation is given on the basis of a cultural norm.
As we know culture does not override the Sharia and we should be acutely aware that we cannot bend the law to fit our desires, however; we are also aware of instances where cultural practices certainly influence the rulings. I'm not calling for a Minhaaj of Rukhas (ideology/way of dispensations), however I think we should do our best to provide the most balanced approach to this dialogue so that folks do not get confused by the issue… and Allah knows best.
Assalamu Alaykum
That is exactly what I am saying. So long as it doesn't go against the Shariah. You said it best when you said that “Islam isn't against culture, it regulates it.” I have to say, that is a solid quote.
But yea, the Qu'ran is a book of foundational principles, and Sunnah further explains these principles. As long as these cultural practices don't contradict the Qu'ran and Sunnah, it is permissible.
Everything is halaal until proven haraam when it comes to actions.
Assalamu Alaykum
Ali
Ali
As salam u alaikum wa rhamatullah,
“With all due respect, the Deoband (madrassah style) scholars are incorrectly trying to bring the culture of the Arabs in the time of the Prophet and claim that since the Prophet did it then it is Sunnah. “
With all due respect akhee I find this statement of yours a little offensive. However I think it may have arisen from a misunderstanding of what is meant by the word “sunnah” and in which context it is being used when the “Deoband (madrassah style) scholars” say that dressing a certain way or eating with your hands and on the floor is sunnah.
In the matn of manar by Imam An-Nasafi (ra) (a famous text in hanafi usool) it says, ” and (the Sunnah) is of two types: 1) The sunnah of guidance and the one who leaves it is deserving of blame like congregation (for prayer) and the athan 2) and The extras (the extra sunnahs) and the one who leaves it is not deserving of blame like the sunnahs of the Prophet (saw) in his clothing, standing, and sitting….”
Explaining what is meant by “the sunnah of guidance” Imam ibn Nujaym in his sharh of manar says, “a sunnah which holding on to is from the completion of guidance and deen…” Explaining what is meant by the “extra sunnas” he writes, “they are those (sunnas) which doing them is not from the completion of the deen, but doing them is better then leaving them…like the sunnas of the Prophet (saw) in his clothing, standing, sitting, riding, walking, eating, drinking…”
So when the “Deobandi (madrassa style) scholars” say that eating with your hands is sunnah or sitting on the floor while eating is sunnah they are referring to the second type. Acting upon these “sunnas” is better than leaving them.
Also, I beleive it is incorrect to say that a lot of what the Prophet (saw) did was just Arab culture. There is a great booklet written by Sh. Abdul Fattah Abu Ghudda entitled “As-sunnatun-Nabawiyyah” in which he dicusses the different meanings of the word sunnah and how its technical meaning in fiqh differs from its meaning when used in Ahadeeth. This may also help clear up some misunderstandings.
Basically, what I'm trying to say is that the scholars you refer to are not incorrectly trying to bring the culture of the Arabs in the time of the Prophet (saw) and claim that since the Prophet (saw) did it then it is Sunnah. Rather, they are correctly adhering to some “extra” sunnas of the Prophet (saw) and should not be blamed for doing so.
(note: my translation skills are weak, pls forgive me for any mistakes)
furhan
Dear brother as-Salamu alaikum
I agree with your point to an extent. When I said “with all due respect” I am saying that the deoband is a well known scholarly institution which has taught masses of people the deen enlightening them in many well needed areas. The point I am making is that there is a difference between following the Islamic (revealed by Allah) Sunnah and showing love for the Prophet (pbuh) by imitating his non-revealed but personal sunnah's (cultural Arabic practices held by many others including the enemies of Allah i.e. it was their Sunnah too) which are of his human (not Prophetic choices). The way the brother who was questioning and in many other cases it is presented by the deoband is that they are equally important. In my humble understanding you will- insha Allah- be rewarded for imitating the Prophets (pbuh) non-Islamic Sunnah's as long as this is a manifestation of your love of the Prophet (pbuh). The real issue here is – Is this a practical representation of Islam in the west??? According to multiple scholars I have studied with all PhD in Shari'ah status- NO! So according to the Deoband Yes. I am just simply voicing my opinion which is not just based upon proofs which have been discussed but the fact that I know of many people Muslim, non-Muslim and convert who were alienated from Islam by this practice thus I say it is mistaken. It was well known that the Prophet would ask Abu Bakr about the local culture and practices of polytheist tribes so as to conform when going for Da'wa. I am not claiming the deoband are not authentic scholars nor that they are generally wrong, on this case that is many scholars opinion and I was voicing it on this thread which was meant for such a purpose. Please do not be offended. Never allow group affiliations to blind you from considering other opinions nor to put you against your Muslim brother.