even ulamak sendiri pon kadang2 sampai terpaksa konon2nya 'menghalalkan' riba sebab katanya darurat dan terpaksa...haihh..gemok betol!! haha..
I am only disturbed because I realise that it might have been a comment that I could've made during "jahiliyyah" times. Sometimes when you start learning more and more about Islam; you think you already know a lot, whereas you have lots more to know. And the further you study, the less you will talk/debate and the more you will be scared of making comments of the above nature due to the realisation that you are still ignorant than you think.
The most important thing I learnt during that course was the difference between hukum (rulings) and fatwa (opinion).
In Islam, the ruling never changes. It is binding for all people, at all times, places and generations. A fatwa is an opinion based on the ruling that is made to suit certain people, time, place or generation. It is specific for the person for which the fatwa is being made and can be changed.
For example:
Ruling: Alcohol is HARAM to consume.
Fatwa: Alcohol is halal to consume if by not consuming it the person will die of thirst.
The fatwa that alcohol is halal to consume is for a specific situation only which is the life and death situation. Therefore only the people in those circumstances can follow this fatwa.
But does this mean that "the scholars have made alcohol halal to consume?" that they have "made the haram become halal" (which is a big sin?)?
No, they have not changed the ruling, but merely made a fatwa. Shari'ah seeks to protect the sanctity of the following:
1. Life
2. Religion
3. Intellect
4. Progeny
5. Wealth
Therefore, in order to protect these things above, the haram can be done (within limits). For example; dying of thirst and there's only alcohol to drink. That is why if a person steals because he is starving, he will not be punished with Islamic hudud.
The scholars do not just make a fatwa for no reason or without guidelines. A person must have taqwa before making a fatwa. It is not just passing an opinion according to nafs or whim.
Everything is categorised into 3 levels for which the Shari'ah can give ease for.
1. Dire necessity (dharuriyyah)
2. Need (haajiyah)
3. Luxury (tahseeniyyah)
A need that is recurrent can become dire necessity.
Example: Is a car dire necessity or need?
If by not having a car, you have to travel on public transport for 4 hours a day, walk many kilometres and it is extremely inconvenient, then the car becomes a dire necessity due to its recurrent need.
For something that is dharuriyyah, the Shari'ah is more lenient in giving ease. The example of alcohol above.
For something that is tahseeniyyah, the Shari'ah is more strict about giving ease. For example, using riba' to buy a BMW car is not allowed.
So the comment the person made above is condescending towards the whole process of fatwa and towards the commitment of the mufti (person making the fatwa).
Yes, through fatwa; riba' is made halal by some scholars in specific situations that are of dire necessity (dharuriyyah). The ruling (hukum) is still that riba' is HARAM in Islam and Allah declares war over those who commit riba'.
But this fatwa is not for everybody. It is for the specific person(s) for whom the fatwa was made for. And when making a fatwa of allowing something haram to be done, it also has limits that cannot be transgressed. For example, can only drink enough alcohol to keep you alive and not gulp the whole bottle.
Many people are confused between hukum and fatwa.
For example, can you say that someone who does not pray is a disbeliever (KAFIR)?
Absolutely. That is the ruling in Islam.
Someone who does not pray is a kafir, his marriage can be invalid and if he dies, he enters Hellfire and his children cannot inherit from him.
But can you say Mahmud (a specific person) who does not pray is a kafir?
Not necessarily. It needs to be investigated first before deciding (Islamically through fatwa) that he is (to implement any hudud).
Was he forced not to pray?
Does he know he has to pray? Maybe he just doesn't know that it is wajib?
Maybe he just likes to pray in private that no one has ever seen him pray?
Maybe he is insane and doesn't have to pray?
For example if he was forced not to pray, then in this case, he is not a kafir. This is a fatwa for Mahmud. It doesn't change the original ruling, it is only specific for his circumstances.
I hope readers can understand a bit about what I've written; 2 days worth condensed in one entry.
But the most important messages are:
1. Do not belittle Islamic scholars. They know more than you. They are not stupid, fickle or outdated. They spent years learning what you learnt in one sitting and you already think you can give opinions (fatwa).
2. Your knowledge is only a little bit.
3. Be careful making comments like those that the person above wrote on Facebook; you may sound clever but to some people you have just exhibited your ignorance.
May Allah forgive our ignorance and be lenient to our mistakes. May He give us more opportunities for us to learn more about His beautiful Deen.
6 comments:
1. yg ni pasal mende ESQ tu ke? an excellent commentary nonetheless.
2. it makes me cringe to see youngsters baru setahun dua ikut usrah, read satu dua fikrah books and think they've reached the pinnacle of their religion.
3. regarding this issue however, it becomes confusing to us common folk when two ulama's have vastly polarised, opposing views. if one is to be right, the other must be wrong!
4. alas even the late sheikh al-azhar sayyid tantawi once decreed the infamous rafah borders as "halal". it's hard for me to not be skeptical in such obvious matters.
mana button like?
hehe. btw mmg sakit hati tgk org suka2 je bagi insulting remarks kat alim ulama' .
utk post2 sebelum ni yg kite ketinggalan: comelnye layth n sgt rinduu!! hahaha (ofkos layth mesti dh lupe kite! hahaha)
zaid-
1.apa isu pasal ESQ tu? tak pernah dgr pon. please explain.
2. i agree..but they do have youth and extreme enthusiasm as an excuse i suppose. maybe when they learn more, they will realise how ignorant they really are/were. hopefully they don't stop learning.
3. not necessarily. in most issues, ulama' have polarised views. like majority of scholars say alcohol is najis. but the minority and most rajih opinion is that it is pure. both have valid arguments, for us, we should follow whomever's opinion appeals to us the most in terms of strength of evidence and reason.
4. don't be skeptical. they are great men these scholars but they are not maksum. if they make ijtihad and get it wrong, they still get one reward. but the person who condemns them sins.
even abu hurairah made a mistake in his fatwa. does this mean everything else he said we should disregard?
alak- hehehe
haah la sorry la layth mmg tak ingat langsung kat alak skrg hahaha.
hehe tapi dia nangis la masa tinggalkan awak kat airport hari tuh.
oiyoo tak tau! the popular motivational program ESQ165 was decreed as haram by the mufti of wilayah persekutuan. the twist is that other states' muftis have jumped up to defend ESQ.
so it's WP versus the rest of malaysia. all in all, i guess if someone is to blame then it's the bloomin' constitution for splitting hal ehwal agama into states and not federal.
There were talking about how ESQ yg level 1 and level 2 ni okay lagi... but going to level 3... there's something else going on. so I also wish I know more in depth what the heck is actually going on... i've never attended any ESQ course.
TQ for this dear. takde button like nak tekan pulak :P
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