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A Call for Coexistence
Episode 21
Amr Khaled: In the name of Allah, the All-Merciful, the Ever-Merciful. All praises be to Allah, Lord of the worlds. Peace and blessing of Allah be upon Muhammad (SAWS). The aim of this episode is to concentrate on the issue of coexistence inside our mosques; namely among the Islamic schools of thought.
Last week, we started our discussion about Imam Ahmad Ibn-Hanbal. As the Kingdom of Saudi Arabia is the centre where the Hanbali juristic school founded by Ahmad Ibn- Hanbal is widespread, our guest is Dr. Al-Ateiby Ibn-Matar al-Ateiby, professor in the Islamic University of Imam Muhammad Ibn- Su'ood in ar-Riad and a teaching staff in the Islamic Law Politics Department at the High Institute of Judicature.
Western researchers accuse the Islamic jurisprudence in general and the Hanbali school of thought in particular, of leading Muslims to solidity of thought. How can we refute such accusations Dr. al-Ateiby?
Dr. al-Ateiby: It is not strange at all to hear such allegations as this was explicitly mentioned in the Glorious Qur'an where Allah (SWT) says what can be translated as, " And the Jews will never be satisfied with you, neither will the Nasara (i.e., the Christians) till you (closely) follow their creed...", TMQ, ( 2:120), in addition to what can be translated as," ... and would (like) you (also) to err from the way....And Allah knows best your enemies..." (TMQ, 4:44-45). These are existent facts; however, they ( i.e. people of the Scripture) differ in their attitude towards Muslims, for (SWT) also says what can be translated as, " Indeed you will definitely find the most serious of mankind in enmity to (the ones) who have believed are the Jews and the ones who have associated; (i.e., associated others with Allah) and indeed you will definitely find the nearest of them in affection to the ones who have believed are the ones who say, "Surely we are Nasara." (Christians) That is for that among them are priests and monks, and they do not wax proud." (TMQ, 5:82).
Amr Khaled: It is important for our youth to notice a very critical point; we do not put all the Western opinions in one basket by considering them wholly wrong. The Qur'an differentiates among the people of the Scripture by using the phrase, "among them." For example, Allah (SWT) says what can be translated as, " And of the population of the Book is he who, in case you put in his custody a hundred- weight, (Literally: a Kantar) will pay it back to you; and of them is he who, if you put in his custody one dinar, will not pay it back to you, except as long as you are upright over him." (TMQ, 3:75).
Dr. al-Ateiby: Moreover, Allah (SWT) says what can be translated as, " ... and let not antagonism of a people provoke you to not do justice. Do justice; that (Literally: it) is nearer to piety..."(TMQ, 5:8); even to an enemy. This is our Islam, which is unfortunately slandered by the West.
Concerning the West’s hostility towards the Hanbali school of thought; the first fact dates back to the British occupation of India, when some jihad (struggle) movements began their strife against colonization. The British colonists traced this to the call for jihad by Sheikh Muhammad Ibn-Abdul Wahhab. What made the British consider jihad a Hanbali concept was the connotation of the name of Muhammad Ibn-Abdul Wahhab, the Hanbali sheikh.
Islamic jurists in Northwest Africa were talking about a religious group that preceded Muhammad Ibn-Abdul-Wahhab and carried the name of "al-Wahhabiyah". That group was classified by the scholars of the Qur'an as a group that reached disbelief (just like Baha'ism and Qadianism). Thus, to reduce the intensity of resistance in India, the British occupation generalized the issue by spreading fatwas (legal opinions issued by Islamic scholars) against the infidel movement.
People must understand jihad as it is defined in the Holy Qur'an. Jihad is defined to be resistance against what prevents the da’wa (practice of Islam and missionary activity) from being spread. This is close to the meaning of the term "preventive war" by which the USA has invaded Iraq. However, jihad as it is in the Qur'an carries sublime values in itself. For example, a Christian woman, or child, or a monk in his cell must not be harmed. Only one going against the da'wa and who is strong enough to fight is to be fought. He should be warned till he accepts to pay the levy which is a very small amount (equivalent to the zakat, the obligatory alms-giving, paid by Muslims). Prophet Muhammad (SAWS) saw a murdered woman and demanded to know who killed her, since only fighters are the ones permissible to fight against.
On the other hand, we remember with distress how Palestine was violated on many levels by the Balfour declaration, which in effect gave away a land which belonged to a group of people to another group of people without having the right to do so in the first place.
Amr Khaled: Then, you are showing the part that causes coexistence to collapse. I would like to clarify something of prime importance to those who accuse Islamic jurisprudence of solidity: Western law has been influenced in most of its articles by the Islamic jurisprudence. This is a proven fact which many of you can easily confirm by consulting history.
Dr. al-Ateiby: The French civil law has been drawn from the Maliki Jurisprudence. Just as many of the experimental sciences such as medicine, geometry and mathematics among others were derived from Muslim scholars.
Amr Khaled: But the some claim that the Islamic jurisprudence has added nothing to the world in modern times.
Dr. al-Ateiby: This is another false allegation. Had it not been for the Western colonization in the Islamic world for about two centuries, we would have seen something completely different. The founder of the international humanitarian law studied in one of the mosques of Andalusia and read the book of jihad. The two organizations; the Red Cross and the Red Crescent mentioned a Swiss PhD thesis which proved that the international humanitarian law has been derived from the Maliki Jurisprudence. The thesis also stated that the French occupation troops in Algeria learnt how to treat captives respectfully from the Muslim leader Abdul-Qader, may Allah (SWT) grant him mercy. If we search any library, we will find that most of the books of law are concurrent with the Islamic Law.
Amr Khaled: Let us give our youth some tips for a successful coexistence. Trust in your religious method; do not shrink back on hearing any of the previously mentioned false allegations against Islam; be sure that Islam is great; do not be ashamed of Islam's call for jihad since the right meaning of jihad is protecting our religion, land and honor from being usurped, as well as establishing justice on earth. Islam originally calls for peace, truth and justice. It added much to humanity and influenced modern sciences tremendously.
Dr. al-Ateiby, would you please give us an idea about the basis upon which the school of Imam Ahmad was founded?
Dr. al-Ateiby: As a matter of fact, all the four schools of jurisprudence stem from the four main sources of evidence agreed upon: the Qur’an, then the Sunnah (the Prophet’s tradition), then analogy and then consensus. As for consensus, Imam Ahmad Ibn Hanbal abided by great accuracy and honesty even if causes him to declare that there was a case that he does not know. In addition, Imam Ahmad, May Allah (SWT) bless his soul, relied on the opinions of the companions (RA) of the Prophet (SAWS) whenever there was no discord.
Amr Khaled: And if the issue in question was not agreed upon?
Dr. al-Ateiby: In that case, he would give preference to the most preponderant view, and that which has evidence in the Qur’an and Sunnah. He would resort to analogy whenever direct evidence in the texts is lacking. Imam ash-Shafi’ey stated in his book “ar-Risalah”, that there is no case that has no ruling in ٍShari’ah (Islamic law).
Amr Khaled: This is the basis of the famous saying that the Qur’an is valid for all times and all places.
Dr. al-Ateiby: Indeed, the creed is divinely established. Allah (SWT) says what can be translated as, “… Today I have completed your religion for you, and I have perfected My favor on you, and I am satisfied with Islam as a religion for you. …” (TMQ, 5:3). Furthermore, Imam Ahmad’s policy was that all matters and benefits are originally permissible.
Amr Khaled: Yes, as long as there is no text prohibiting it. I am reminded by the following verse where Allah (SWT) says what can be translated as, “Say, “Come (so that) I may recite what your Lord has prohibited you …” (TMQ, 6:151).
Dr. al-Ateiby: and also, “He is (The One) Who created for you whatever is in the earth altogether. …” (TMQ, 2: 29) Hence everything is originally lawful. When Allah (SWT) prohibits something, He creates many permissible alternatives: wine is substituted by other kinds of juice and pigs' meat is substituted by other kinds of meat.
Amr Khaled: Let us shift to the methodology of Imam Ahmad in coining a legal opinion.
Dr. al-Ateiby: Imam Ahmad did not use the words "lawful" or "unlawful" explicitly. Instead, he used other expressions such as, "should be done" or "should not be done”. An example is when a man asked him whether to sing a rhyme; he listened to the rhyme first, and then told him that whenever the words are respectful it is permissible. He even sang it with him.
Amr Khaled: Some followers of the school of Imam Ahmad Ibn-Hanbal try to impose their opinions upon others. They believe that it is not right to disagree with Ahmad Ibn-Hanbal in any of his opinions.
Dr. al-Ateiby: Nowadays with the help of wise scholars and their tolerant methods, the gaps have been bridged. Some scholars say, “the more modest a man’s knowledge is, the more difficult it is for him to be tolerant.”
Amr Khaled: We frequently notice that the older and more prominent scholars are in fact more tolerant than the younger preachers.
Dr. al-Ateiby: Yes, that is very true. For example, in each Islamic school of thought we find comparative jurisprudence books in which scholars of a school mention opinions of other schools.
Sheikh Abdul-Aziz Ibn-Baz, a contemporary scholar, commented on one of his books on Ahmad Ibn-Hanbal’s jurisprudence where he pointed out a number of cases which do not concur with a text in the Holy Qur’an or Sunnah (the Prophet’s tradition).
Similarly, Sheikh Muhammad Ibn-Othaimeen and al-Lajnah al-Daa’imah (Standing Committee for Academic Research and Issuing Fatwas) in The Kingdom of Saudi Arabia do not refer to books on Ahmad Ibn-Hanbal’s jurisprudence in issuing fatwas (legal opinion issued by Islamic scholars). However, they focus on the validity and the accuracy of the evidence.
Amr Khaled: Coexistence, thus, of the different schools of thought is possivle o achieve. This brings us to another question, does Ahmad Ibn-Hanbal’s jurisprudence consider those who hold different opinions to be mistaken, hence forcing them to follow Ahmad Ibn-Hanbal’s school of thought?
Dr. al-Ateiby: All scholars, including Ahmad Ibn-Hanbal mentioned that it is not acceptable to compel people of other schools to adopt that of Ibn-Hanbal or any other school as a doctrine. Indeed, people are only obliged to follow what the Holy Qur’an and the authentic ahadith indicate.
Amr Khaled: For instance, there is a debate between followers of the Hanafi school if thought and the Hanbali school of thought regarding the payment of zakat al-fitr, and whether a person should give it in the form of a saa’ [measure] of dates, or pay the value in cash. Both schools use the same hadith as evidence; however, each school has interpreted it differently.
Dr. al-Ateiby: The existence of different opinions based on the Qur’an and authentic ahadith shows the amplitude and tolerance of Islamic jurisprudence. Therefore, if a person believes in a counter view that is as well based on the Qur’an and Sunnah then they should verify their view stating their evidence.
Amr Khaled: Should a Muslim follow a certain school of thought?
Dr. al-Ateiby: Actually, the scholars of the different schools of thought stated that any opinion which clearly opposes the Holy Qur’an and the Sunnah of the Prophet (SAWS) should not be accepted. On the other hand, it is complicated to study the entire Islamic jurisprudence schools comprehensively. As a result, students in pursuit of knowledge should not be prevented from being specialized in a certain school of thought.
Amr Khaled: After specializing in a particular school of thought, can they study another one?
Dr. al-Ateiby: In fact, they should study the other schools as well after specializing in a particular school of thought, because the truth is not limited merely to one school.
Amr Khaled: What about ordinary people? Should they also study one school of thought?
Dr. al-Ateiby: In matters of worship and relationships, a Muslim should seek the knowledge and help of scholars who are renowned for their knowledge and piety.
Amr Khaled: Imam Ahmad Ibn-Hanbal has proposed various innovative and concepts in regards to women. The first of which is the woman’s right to stipulate that her husband does not get married to another woman while being married to her. The second of which is that a woman is not obligated to serve her husband; but she rather serves him by her free will and according to the customary manner. The third of which is that if a man wants to perform Hajj on behalf of his deceased parents, then he should start with performing Hajj for his mother. Moreover, if a woman is in need of a maid, then her husband should get her one.
Dr. al-Ateiby: The oppression which women face in the Muslim world is in fact due to customs and traditions, not religion. Islam has consistently treated women fairly.
Amr Khaled: Ahmad Ibn-Hanbal experienced a tough tribulation during the incident of doubting the creation of the Qur’an. Why do you think he took such a firm stance?
Dr. al-Ateiby: Ahmad Ibn-Hanbal was alarmed because he feared that this doubt would be a dangerous way to blur the status of the “Ever-Glorious Qur'an”. This ordeal could have led to the distortion of the Holy Qur’an and Sunnah. Ahmad Ibn-Hanbal was a firm barrier facing the intrigues of some people to disparage the sacredness of the Qur’an.
Amr Khaled: At the end, we would like to thank you Dr. al-Ateiby. May Allah bless you greatly, and may peace, mercy and blessings of Allah (SWT) be upon you all.
Mandatory alms-giving of breaking the fast. It is due any time in Ramadan and before the prayer of the Lesser Bairam.
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