Lecture
22 / 84
Appreciating Scholarship: Intro to Islamic Law - Tesneem Alkiek | Yaqeen in NY
Transcript
This transcript was auto-generated using AI and may contain misspellings. Assalamualaikum. So today, as you might all know, I'm going to be speaking about Islamic law. And you might be wondering, of all the topics, why did I choose to speak about Islamic law? It's sort of random. Perhaps because it's too complex to understand. It's very nuanced. It's irrelevant. Why do I need to know about Islamic law? What's it going to do for my iman, my belief, my connection to Allah subhanahu wa ta'ala? And so before I launch into my actual discussion on the topic, I want to share with you a couple of reasons as to why I think you should be invested in the topic. For beginners, we know as Muslims that our religion is unique in that it governs really everything that we do. Allah subhanahu wa ta'ala describes us as ummah al-wasata, or the middle nation. It's a balance between Christianity and Judaism. While on the one hand, we have Christianity that emphasizes love and mercy and ease, Judaism at its core is a strict legal tradition. And so when we think of ourselves in the middle of these two paths, these really two ends of the spectrum, we know as Muslims that we're both responsible in being merciful and good to one another and expecting that mercy from Allah subhanahu wa ta'ala. But we also know that Allah subhanahu wa ta'ala requires us to fulfill or avoid certain actions. So when I say Islamic law, sorry, I don't want to slip off. When I say Islamic law, I think it's important to consider both of these aspects, right? And I want to be clear that in this specific topic, I'll be addressing that latter expectation, the need to fulfill what Allah subhanahu wa ta'ala has asked us to do. But it's very important to point out that there's a balance between the two, because oftentimes whether we're sitting in a halaqa or we're flipping through a book on Islamic law,
for any of you guys who do that, you know, the book is discussing a lot of topics as our obligations as Muslims. And it's often very dry and really draining, intimidating for one. This goes for something as simple as making wudu or something like when we learn how to pray every single day and it gets more complex as we're talking about marriage and divorce and financial matters and the like. So before I really begin my adventure into the realm of Islamic law, I want you all to keep in mind that it's not complete without that other half. And that half entails patience and husnul-dhan, or positive assumptions of both God and his messenger, salallahu alayhi wa sallam, and even for the scholars who did their best interpreting the Quran and the Sunnah. Now the reason I'm putting out this disclaimer is because knowing that Islamic law is sometimes dry and most of the time you won't have the answers to what you're looking for, or you're confused and angry about an opinion or ruling, knowing that you need patience and assuming the best of everything will get you through really your toughest challenges. And I'm telling you this because I really had to learn the hard way. In that when I first began my adventure into Islamic studies and Islamic law, there were so many moments in which I was confused and I had a lot of questions and I had really no one to turn to for points of clarification. So when I learned about the quote-unquote rules regarding slavery and apostasy and marriage and divorce and on and on, my head was really spinning. And I really had to take a step back and ask myself, you know, what have I been told all my life? Who's right and who's wrong? And listen, let's be frank, you don't need to be getting a degree in Islamic studies to encounter these debates. The reality of the matter is you can turn on the TV and every news station is blaringly telling you what's wrong with your religion,
that this evil machine of a Sharia law is coming to take over the world. And you and I really can't help but think, well, I don't know much about my religion and I don't really know much about specifically Islamic law, so well, maybe they're right. And so the doubt begins. It begins as a small seed and it grows and it grows. So by the time you walk out of a Jumu'ah khutbah or you pick up a book on Islamic law or whatever it is, and you hear or read and you see the imam of the masjid saying, well, yes, of course you can beat your wife, or of course you can do this, or things that we would be, you know, very shocked to hear by. And then you go turn on the news station, they're saying, well, Islamic law and Muslims, they're allowed to do X, Y, and Z. Then you can't help but think, oh man, maybe they're right. And it's a really scary feeling. It's a really scary feeling not because they are right, but because you don't know how to distinguish between who is and who's not. And that, I think, is why this topic is so important today. We need to have a background in Islamic law not only to be able to fulfill our responsibilities to Allah subhanahu wa ta'ala and please him through our obedience, but we need to have a general understanding, especially in this day and age, of what our religion teaches in order to be confident in our religion, in order to be confident in who we are and what really our purpose is in life. And until we can do that, and it's possible, and in my opinion, learning about Islamic law is fascinating, we're really going to be paralyzed in our actions. We can't fully contribute to our societies if we're being held back by those constant doubts that are creeping into our minds. And so today I want to begin that journey with you all and give you guys all just a quick background into Islamic law so hopefully maybe tomorrow or next month or next year you can continue that journey and begin to learn more in depth on this topic and build your confidence along the way.
So number one, I want to segue this portion into the talk. By first deconstructing some of the notions we might have about Islamic law. And the first point of clarification is recognizing that when we say Islamic law, American law or constitutional law shouldn't come to mind first. And I've noticed this is one of the biggest problems we have, especially when you're in academia, because when you're being taught something about Islamic law, you're immediately, just by reference, by way of reference, by the way we were taught and raised, especially if you're raised in the U.S., is that you're comparing it to what American law says. So most of the contestations, the contentions that we have with Islamic law is by assuming it's supposed to look like American law. And they're both very different and unique in that way. And so knowing that you should base it off, you should not base it off of American law, really helps to clear, I think, a lot of the confusion. And so the first point of clarification that I really, the only point of clarification I want to focus on in this lecture today is that knowing that there are key differences we need to recognize. The main one being for now that Islamic law was not always applied by the states. So when we have law applied today in the U.S., you've got police officers, you've got government officials, you've got X, Y, and Z applying it out. That wasn't always the case throughout Islamic empires. And in fact, in the pre-modern era, before the concepts of nation-state and the government were even in existence, communities were, you know, both Islamic law and society were managed through self-rule. So you, and I'll explain that in a second, but although rulers and kingdoms appeared early on in Islamic history, communities primarily determined their affairs, and the ruler had little to say in how things were carried out. Hence, each community, whether they were in a city quarter, they were in a village, whatever the case was,
they had appointed their own legal experts who would then determine the community's rulings based on an individual scholar's own legal methodology. Okay, what does that mean? And I think this is something that we can easily relate to as American Muslims, in that my experience, for example, growing up is that for almost maybe 10 years of my life, we didn't have an official imam or shaykh in our community. And so what did we do when we wanted to have someone conduct our marriage, or we wanted to have someone teach us about how to do this in Islam, how to pray, how to, whatever it was, who did we turn to if we didn't have an imam? Well, we just asked that one ammoh who studied with that so-and-so shaykh back when he was in Syria, or whatever the case was. And so anytime we needed something done, we were just asking a few people in the community that we knew were knowledgeable. And so this was really how Islamic law a lot of times functioned, in that you don't have the sultan or the khalifa coming in and saying, all right, no, if these people are drinking alcohol, we're going to do X, Y, and Z. No, at the end of the day, it was the community that was determining the law and going out, and so you would go to these people. And now the point of saying that is that these scholars, these communal scholars, that ammoh in your community, he has his own legal methodology. He has his own way of interpreting the Qur'an and Sunnah, not his own way, but he follows whatever he was taught. And so really the next and more important question you might be thinking is, well, where and how did these scholars, these people in our communities, derive law and make their judgments? And this is where the fun begins. But first, let's take a step back for a second. When I say Islamic law, you might automatically assume I'm talking about referring to the sharia. But in reality, there's a stark contrast between what is fiqh and what is sharia. Sharia literally means a path to a watering hole, and it's a reference to what God had intended for his law to be.
So let's put sharia up here in this cloud, right? This is the sharia. It is perfect. It's everything Allah wanted for us, and it's everything we want to be attaining to. But then in order to get to the sharia, you have to go through what? The Qur'an and the Sunnah, the two primary sources. And so down here you have our scholars who are essentially building their own ladders to get to the sharia. And each ladder is constructed in a different way based on someone's methodology. And so that's where difference of opinion comes up. But the point in saying this is that the sharia is perfect in its essence, and fiqh, the human interpretation of the sharia, is usually what we're referring to when we're discussing Islamic law. Again, there are two main sources of Islamic law. You've got the Qur'an and you've got the Sunnah, the Sunnah of the Prophet Muhammad, the actions, words, and tacit approval of the Prophet. And these two sources work together. So when there's a verse in the Qur'an that is a bit ambiguous, meaning that the ruling behind it isn't very clear, we turn to the Sunnah. And that's really what will help us figure out exactly what that verse means. But again, despite the fact that we have these two solid sources, the language of both of these texts is sometimes ambiguous, unclear, metaphorical, and you need a little more to figure out what it's intending, it's calling for. So what scholars did over time is that they developed hermeneutical or interpretational methods in order to understand how can we reconcile between two apparently contradictory hadith or Qur'anic ayats. Okay, so let me go get into a few examples so you guys can see what I'm talking about. In high school, I was taking a med health class way back when I was still pre-med, and I still remember the day very clearly because our teacher decided to give us all a background on different religious opinions of menstruation.
And so she starts off with Christians believe X, Y, and Z, and Orthodox Jews believe it's an impurity, and on and on until she gets to Islam. And she goes on to say, you know, Muslims believe that when a woman is on her period, she's impure and therefore she also needs to be isolated. And she reads the ayah in the Qur'an, They ask you, O Prophet, salallahu alayhi wa sallam, about menstruation. Say, menstruation is a painful condition, so keep away from women during it. Do not approach them until they are cleansed. When they are cleansed, you may approach them as God has ordained. God loves those who turn to him, and he loves those who keep themselves clean. And so right off the bat, you might be thinking from this ayah, well, are we supposed to isolate women when they are on their periods? And, you know, it's really not a far-fetched idea when you look at the ayah by itself. And this wasn't something that my high school teacher had said out of ignorance, or she was a bigot or whatever it was, because I had professors down the line making the same assumptions, and I thought that was fascinating. And I thought, okay, well, there's a disconnect here. And really, if we only look at the ayah for guidance, you can easily come to that answer as a legal ruling. But just one quick look into the hadith corpus, and the life of our Prophet, salallahu alayhi wa sallam, we come across the hadith of Aisha, the wife of the Prophet, salallahu alayhi wa sallam. And she says, while in Mansi, I used to comb the hair of Allah's Prophet and Messenger. Okay, so combing, I mean, I guess you don't have to be that near, she could still be isolated. Maybe that would work. But then you have another hadith that says, while in Mansi, the Prophet used to lean on my lap and recite Quran.
Okay, let's pause for a second. What just happened there? You have an ayah that says, don't get near them, keep them isolated, essentially. But now we have a hadith that's saying, no, the Prophet, salallahu alayhi wa sallam, not only did not isolate his wives, but he was leaning on their laps, reciting the word of Allah, subhanahu wa ta'ala, in the process. And so what happened was that, you know, this is a very basic example that classical scholars never cite, but I thought was just really relevant in my experiences, because it's come up numerous times. But scholars concluded that it was specifically, the ayah is specifically referring to not having sexual intercourse. But it's fascinating knowing that if you can only look at the ayah by itself, you wouldn't be able to determine that you need the hadith. And this is especially important, if any of you guys take an Islamic studies class or really anything, there's, you know, throughout space and time, there have been renewed efforts to have a Quran-only movement, right? And so, you know, we can't trust hadith, they might not all be true, and all of these recycled arguments to really insist that we only need to use the Quran in guiding our conversations. And again, I had this experience just a few years ago when one of my very accomplished professors in Islamic studies, and she's very well-intentioned, and has spoken very highly when she writes about Muslims very highly, but still there is this disconnect. It wasn't until we got into this back and forth, we were sitting in class, and we got into this back and forth discussion, and she was insisting we don't need to know hadith to understand Muslims. And I told her, I honestly was just shocked for a second, I told her, what do you mean, of course you need to know hadith, do you know anything about Islamic law? And so, she works on contemporary studies, so she really doesn't know anything about Islamic law. But we literally had to go through this back and forth debate, and I told her, you know, where is this in the Quran? I don't want to get into the examples, I'm not going to cite them, but for example, even prayer, the very act of prayer, there's no ayah in the Quran that tells you, alright, so now when you're getting up for salat al-duhr,
which is four raka'at, you're going to say Allahu Akbar, read surat al-fatiha, read a short surah, and then you make your ruku'. There's none of that, there's no surah that exists, right? Where do we get that information from? From hadith. And think about it, salah is one of the most, if not the most, obligation we have as Muslims after la ilaha illallah. The fact that that's not explicitly stated in the Quran, bi-an wa aqimu salah, and different timings for the salah, really, that is, I think, is one of the best indicators, and that's more of a classical example scholars use to demonstrate the importance of taking hadith into consideration. But that was, you know, but those are very simple examples, and I really want you guys to be able to leave this room with a sense of appreciation for the really hard work scholars had to do in order to form Islamic law, because a lot of times it wasn't simply, oh we have this ayah, okay now this hadith clarifies it, we're good to go. A lot of times you had multiple ayahs, you had multiple hadiths, and now you're thinking to yourself, okay so what do we do with all of these ayahs, what do we do with all of these hadiths, how do we reconcile them, because they're all saying, they seem to all be saying different things, and what do we do with that? And so, it wasn't something, I think, at least in my experience, and again, this is something that you might have experienced yourself, if you're taking any Islamic studies course at university level, where they'll just throw out the baby with the bathwater, right? Everything is gone, all we need is the Quran, and this is everything that it will tell us, but it was so much more complex, and you can really appreciate that complexity when you learn more about that. And so, and something that I think also is important to remember is knowing that these scholars were sincerely trying to understand the sharia, what Allah Subhanahu Wa Ta'ala had intended or wanted for the believers, right? So again, even though the process of human interpretation, the process of fiqh, was different, at the end of the day, they're all reaching for that end goal, the sharia.
And I think it's also important to keep in mind, this is sort of an aside, is that sometimes when we're reading scholarly work, and we come across something that doesn't feel good to us, we automatically say, well these scholars are so biased, they're so X, Y, and Z, but I think taking a step back and telling ourselves, well we too are biased, we're living in our own societies, we're living in our own cultural hegemonies, and that's something that we need to take into consideration as well. And so, thinking again, going back to that husn al-dhan, of that positive assumption, thinking that these scholars were doing their best, whether or not we come to the same conclusion, our teachers come to the same conclusion, that's not the point, we're not expecting that attempt to get to that conclusion. So anyways, in the situation where you've got multiple hadith, you've got multiple ayats, what did scholars do? What they ended up doing was creating the science of Islamic methodology, really, the sulid fiqh. And that was literally created just in order to reconcile these apparent textual conflicts. But, you know, the science was meticulously developed and refined throughout the centuries, with different scholars or schools of law using different methods and different approaches, which is how we have so many different conclusions, we have different ways we can pray, but we believe that they're all correct, right? And so that was all a matter of interpretation. But again, there was never this assumption that, well maybe the Prophet ﷺ was wrong in saying this, or the Qur'an shouldn't have said this, wa la'ayadu billah. That's not something that we as Muslims can believe, because we know that everything that has come to us is perfect in its nature, and the way we understand it might be the problem. So keeping that always in mind. And, you know, scholars themselves would always conclude that, you know, it's all boiling down to conflicts in the process of interpretation,
and not necessarily because of an inherent textual problem. So with this in mind, scholars approached text very carefully, and with the science of the Suleyfiq, or legal methodology, they came up and placed a series of steps that really needed to be taken before you could make a conclusion. So assuming we've got multiple ayahs, we've got multiple ahadith, alright, what do we do? Well number one, one of the very first things scholars would do is do a linguistic, Arabic linguistic analysis. Now if any of you guys have ever taken even just a course or seminar or whatever it is on Arabic, you know how complicated it can be. And for me I have, my graduate program requires I serve as a teaching assistant for Arabic, and so I always have the lovely experience of trying to teach students how to make Arabic verbs in the passive, and everyone's just staring blankly at me, and I think to myself, man, what are you guys getting yourselves into? This language is hard. So needless to say, you know, just doing a linguistic comparison or analysis of an ayah or hadith could give you that answer. The letter Ba, for example, in Arabic, could mean about like a hundred different things. It's really cool, there's like books written about the letter Ba and what it could mean. And so just looking into the minute details of the complex Arabic religion, that Arabic religion, Arabic language, is enough often to tell you, okay, these hadiths actually say exactly what this ayah is saying, it's just a matter of understanding it linguistically. Unfortunately I don't have time to go through an example for each, but I'll try to give as many examples throughout. So, you know, that's number one. All right, linguistic analysis, check. All right, that didn't work, let's see what else we can do. And before I go on to the list, this wasn't a set process. It wasn't, okay, we're always going through linguistics first, and now we're going through X, Y, Z, but again, the checklist ultimately boiled down to, okay, are you Hanafi, Shafi'i,
what method are you following, what is your mode of interpretation, and that's when things got a little different. So it's not necessarily we're going down the line. So, okay, linguistic analysis didn't work, let's go to number two. Sorry, so scholars would then consider the possibility of taqsis, specification. What does that mean? Well, perhaps this ayah that we're looking at, you know, was a specific ruling to the Prophet ﷺ. There's an ayah, it's specifically talking about three of the companions of the Prophet ﷺ that happened to them. Okay, maybe this is not a general ruling. Maybe, you know, and this is something that is taken to the extreme nowadays. Well, the Qur'an is a historical document. It's specific for the time of the Prophet ﷺ, therefore it's unapplicable today. That is not anything where taqsis gets into, and I'll give you an example right now. So, for example, there's an ayah in the Qur'an that says, For the men is a portion from, to inherit, this is not to inherit, that's what it's referring to, inheritance from their relatives, and for the women there is a portion of inheritance from their relatives. This ayah, when you read it and you think to yourself, okay, men, women, everyone, everyone has a universal rule. But then you have a hadith of the Prophet ﷺ who says, The one who kills does not inherit. Okay, so now the ayah is saying, all men, all women, except the murderer, the killer, you know, because sometimes people would kill their parents to get inheritance. Go figure, Islam does not allow that. So now you have different madahib saying, Well, Shafi'i is saying, well, you know, what about if it was unintentional? What if it was because he was coerced?
What if it was he was just, he was the partner in the crime? And so now you're getting these differences of opinion, which lead to, again, you have scholars saying, And then they'll specify it further, the one who kills intentionally, the one who does x, y, and z. And so that is the process of specification, looking at the ayah at face value, just without any other sources, you would think no matter what, men and women will inherit. But you have this thing. And again, I'm only sorry, I'm only using simple examples in order to get through this. But there's really a million other examples you can go into. And hopefully this will spark some interest in you. So you can start studying and find more of these really cool examples. OK, so number three, and I'm trying to just give you two or three more, just so you guys can get really a sense of the complexity behind all of this. I'm not trying to confuse you all. This next method, though, the third one that I'm going to talk about, is one that all schools of law would take into consideration. And that's the process of hadith gradation. And really, hadith is an entire science in and of itself. And it's something that I can't talk about really in a few minutes, let alone a few hours. And essentially what it boils down to is that you have all of these ahadith, you have these scholars that are going all around the world to collect these ahadith, and now you're doing the process of ranking and figuring out, is this hadith strong, is it weak, on the basis of what. And so the reason that this is important when you're taking hadith science into consideration when you are building Islamic law is that when you have a hadith that was only narrated once, it was an ahad hadith, it's narrated once, and then you have a hadith, they're both saying slightly different things and you need to figure out which one is right or which one is going to hold more authority in your legal decision.
You have a hadith that's been narrated, it's mutawatid, it's narrated about ten different times from ten different chains of people, going back to, I'm not getting into it. So it's narrated from ten different chains of people, right? Which one's going to hold more authority? And so obviously scholars would say, well, let's, I think we can all agree that mutawatid is going to be more authoritative in this matter, and therefore if we have multiple ahadith and one is mutawatid, we're going to automatically take that mutawatid hadith. So the process of hadith gradation was super important because it tells you, in the event that you have multiple ahadith you're looking at, it tells you which one is more likely to hold the final word in the matter. All right, so I'm only going to go into one more method that scholars made use of, but really, again, I hope you're starting to sense the nuance behind building and forming law. So if the other methods I mentioned didn't work, jurists could consider the possibility of nesk, or abrogation. So it's the possibility that one text was abrogated in lieu of another, and I'll give you an example for this. In other words, really, one ayah, for example, would be replaced by another ayah that was revealed later down the line. The most famous example of nesk is that of drinking, of alcohol, and its prohibition. Alcohol, believe it or not, was not the first thing to be prohibited in Islam. I know sometimes it feels like that when you have someone who converts to Islam, the first thing you tell them off is, like, all the prohibitions are not allowed to do versus, you know, the way the Qur'an and really the Prophet ﷺ taught his community of believers, and that this was something that was gradual, and this was after they've accepted their faith and they believed in Allah ﷻ, in the oneness of Allah, and they were confident, then you start having these more laws coming down. And so Allah ﷻ, He revealed its prohibition over a period of time to slowly really prepare the Muslims to make this huge life change.
And we have the very first ayah, يَسْأَلُنَكَ عَنَ الْخَمْرِ وَالْمَيْسِرِ قُلْ فِيهِمَا إِثْمٌ كَبِيرٌ وَمَنَافِعٌ لِلنَّاسِ وَإِثْمَهُمَا أَكْبَرُ مِن نَفَعِهِمَا So they ask you about wine and alcohol and games of chance, say that in both is a great sin and usefulness for the people, but its sin is greater than its usefulness, what you can get out of it. So, okay, hmm, okay, now it's on the Muslims' radar, maybe it's not the best thing we should be doing, maybe we should occupy our time in other ways, but, alright, we're thinking about it now. Later down the line, you get the other ayah, وَلَا تَقْرُبُوا الصَّلَاةَ وَأَنتُمْ سُكَارًا Don't get near Salah when you're drunk. It's kind of really hard to do, right? So you've got five times a day you're praying, when can I get drunk, maybe I can fit it in after Isha, before Fajr, now we're really limiting when you can drink and how much you can drink, right? And then finally you have the last ayah, إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ رِجْسُمْ مِنْ عَمَلَ الشَّيْطَانِ فَجْتَنِي بُوذٍ The wine and games of chance are رِجْسُمْ مِنْ عَمَلَ الشَّيْطَانِ evil acts from shaitan, so avoid them, so shun them. And that's the final word, right? So we don't look at the first ayah and think to ourselves, okay, well, as long as I'm not having to Salah drunk, bottoms up, I can drink, no. Officially those two ayahs that came before it have no legal weights because that was the process of getting to that final conclusion. And that's the concept behind abrogation, in that something was ruled in the beginning and then later on was changed. And this is also another example of this, the Prophet ﷺ very early on said don't visit graves, and then later on he said actually visit graves because it's a good reminder of the hereafter. So we don't use it to say, oh, don't visit graves
because we know that the Prophet ﷺ later provided us with this other hadith. I want to wrap up with some powerful words that I came across. For those of you guys who might have heard of him, Dr. Abdel Hakim Murad wrote something just really powerful that I want to share with you all today that really sums up one of the main messages that I wanted to get across. He said, in a Western-influenced global culture, in which people are urged from childhood to think for themselves and to challenge established authority, it can sometimes be difficult to muster enough humility to recognize one's limitations. This really couldn't be more relevant and true. If there's anything you walked away from, just my lecture, not the others, but if you walked away learning from, it should be really just a certain level of respect and humility toward Islamic scholarship that really will only become more profound as you learn it. So I want to encourage you all to learn, to take on that, really, the adventure, the journey it is of learning Islamic law. It's also not to say that don't ask questions because, well, if the scholar XYZ said it, then it holds all authority. No, in fact, I highly encourage everyone to ask questions because, like I said at the very beginning, if you're not asking questions, that's only going to muster doubt. So there's always asking questions, but doing so with a level of respect and humility, knowing that, well, I could be wrong. My perspective is limited to what I know. My knowledge is so limited, and these scholars were doing their best. I don't agree for XYZ reason. Maybe my agreement doesn't really matter because I don't know anything. Thinking, just having this, really, this dialogue, this internal dialogue when something, you come across something that really doesn't sit well in your heart. And I think always having that patience and that husn al-dhamla, a positive assumption of what these scholars were trying to do,
it really, like I said, it will get you through your toughest challenges. And I'm speaking from experience because there's a million and one things I still don't know, and I'm sure there's going to be a million and ten things I will never know. But knowing that, being patient, thinking, well, one day I'm going to find the answer for this. One day Allah Subhanu wa Ta'ala will allow my heart to find peace on this topic. And that is enough in order to really, to ensure your confidence, ensure your love for this religion, and be able to speak about it with confidence and walk around with confidence. Jazakumullah Khayran. Assalamualaikum.
Welcome back!
Bookmark content
Download resources easily
Manage your donations
Track your spiritual growth
1 items
1 items
1 items
25 items
50 items
9 items