Dr. Abdullah Bin Bayyah

What is meant by moderation?

“By moderation we mean a comparison between the universals [of Shari’ah] and its particulars; a balance between the core aims [of Shari’ah] and its secondary branches and a strong correlation between the fixed [texts] and consideration for the changeable [texts related to] benefits [where applicable] when giving religious edicts and opinions without additions or subtractions.”

Imam al-Shatibi said in al-Muwafaqat:

“The competent mufti, of the highest authority, is one who carries people to a natural balance which is appropriate for the masses. He does not lead them to the way of extremism, nor does he lean with them towards the excess of unbridled liberalism. The evidence for this is that it [the way of balance and moderation] is the straightway which the Shari’ah brought. Thus, it operates on the premise that the goal of Shari’ah, for the one charged with worship, is to bear [his-her religious articulation], upon moderation, without any excessive hardship nor disproportionate ease. Therefore, if the Mufti goes beyond this [balance], in dealing with those who seek fatwa, then he has left the aim of the law giver [Allah]. For that reason, anything that goes beyond the range of moderation is considered debased by the scholars. “

translated by suhaib webb

Q: Is it permissible to perform wudu’ (ritual ablution) while wearing shoes and wipe over the shoes or over the socks, particularly when I am in a remote area away from home and mosques?

Is allowable for me to pray behind an Imam who reads the second khutbah in a language other than Arabic? The origin is that the Friday sermon is conducted in the Arabic Language, and this is the opinion of the majority of the scholars. However, Abu Hanifa, may Allah have mercy upon him, allowed for the sermon to be given in a language other than Arabic. Therefore, there is nothing to stop one from praying with this Imam particularly if the people of that country do not [speak/understand] Arabic. However, we advice this Imam to, at a minimum, mention a few words in Arabic during the Friday sermon such as, remember Allah and seek Allah’s pardon. These [Arabic phrases] will allow him to avoid falling into a disliked act, the differences and the doubts that surround this issue. We ask Allah to guide you and us.

I live in Sri Lanka and wondered if it was acceptable for the Muslim community here to gather for the sake of remembering Allah as a congregation?

This is a controversial issue amongst the scholars. Some saw gatherings for the purpose of reciting Qur’an and the remembrance of Allah [in a group] as innovation, and there were others who saw it as something venerable. Each and every one of these scholars relied on certain proofs and evidences. Some relied on the statement of Ibn Mas’ud* [may Allah be pleased with him] “Indeed, you have brought an evil innovation”, and there were others who relied on the apparent [meaning of] the statement of the Prophet [may the peace and blessings of Allah be upon him] who said, “No people gather together, in one of the homes from the houses of Allah, reciting the Qur’an and studying it amongst themselves, except tranquility descends upon them, they are shrouded in mercy, the angels envelop them with their wings and Allah makes mention of them in front of those who are with Him.” [related by Muslim #2699]. So, the explicit meaning of this hadith directs towards the permissibility of such gatherings. Imam al-Awza’i [may Allah have mercy upon him] was asked about gatherings, after the Dawn prayer, that included congregational studying and the remembrance of Allah [meaning they did so with one voice not silently]. He responded, “There is nothing wrong with such gatherings.” Al-Awza’I said, “Hassan bin ‘Atiyyah informed me that the first person to start this practice was Hisham bin Ismail al-Makhzomi during the caliphate of Abdul Malik bin Marawan and he was criticized for it.”

There were some who rejected what Hisham had done, such as Imam Malik [may Allah have mercy upon him], and there were others who said, “There is no problem with this.” Harb mentioned that he saw the people of Damascus, Hims and Basra gathering together to recite the Qur’an after the Dawn prayer. However, the people of Sham would read the Qur’an together with one loud voice, while the people of Basra and Mecca would gather and one person would read ten verses while the people would remain silent. After the first person finished, they others would read what he had read until they would complete what he had recited. Harb, commenting on this said, “All of this is excellent and pleasing.”

Regarding Sri Lanka, then I tend to lead towards the opinion that such an action is fine. If the Muslims gather there, from time to time, to study and recite the Qur’an [together], or to remember Allah [together], without there being any forbidden acts such as mixing between the sexes, dancing or any type of evil, then it is good, and it is incumbent to avoid making [the observance of such acts] difficult

In the Name of Allah, the All-Merciful, the Compassionate

This is a vital issue. For the question of differences (ikhtilaf) of the ummah being a mercy occurs in a hadith whose authenticity is unconfirmed.

Al-Bayhaqi recorded it with a disconnected (munqati’) chain; via Ibn ‘Abbas, with the words: “Allah’s Messenger, peace be upon him, said: Whatever comesto you from the Book of Allah is to be acted upon; there being no excuse for anyone to leave-off doingso.

If it is not in the Book of Allah, then upon a previous Sunnah of mine. If there is no previous Sunnah of mine, then what my Companions (sahabah) say. Indeed, my Companions are like the stars in the sky, whichever of them you follow, you will be guided aright. Differences of opinion among my Companions are a mercy for you.” Al-Albani analysed it in al-Da’ifah, no.59, and decalred: “It is fabricated.”

The hadith is also recorded by Ibn al-Hajib, with the words: “Differing among my ummah is a mercy.”

Mulla ‘Ali al-Qari records this wording and notes: “Al-Suyuti said: It is recorded by Nasr al-Maqdisi in al-Hujjah and al-Bayhaqi in al-Risalah [al-Ash’ariyyah], without a chain. It was also recorded by al-Halimi, Qadi Husayn, Imam al-Haramayn and others. It may have been related [with a chain] in some manuscripts of the hadith masters which have not reached us; and Allah knows best.”2

Al-Suyuti relates from ‘Umar b. ‘Abd al-’Aziz that he used to say: “It would not have pleased me if the Companions of the Prophet, peace be upon him, did not differ. For if they had not differed, there would have been no leeway.”3

Similarly, al-Khatib cites Harun al-Rashid saying to Malik b. Anas: “O Abu ‘Abd Allah, we will copy this book,” meaning the Muwatta’, “and command people to adhere to it, and will send copies of it to each of the Islamic provinces so that the ummah may follow it.” He responded: “O Leader of the Believers, differences between the scholars is a mercy from Allah for this ummah. Each followed what he believed to be correct; each was upon guidance; each aspiring to Allah.”4

These statements show that although the hadith, “Differences among my ummah is a mercy” is not established, it does, nevertheless, have a basis. The words of ‘Umar b. ‘Abd al-’Aziz and Malik, may Allah have mercy upon them, prove that this issue does have a foundation. The meaning is that those differences that have valid justifications – due to their textual wordings or due to understanding the actual text – they are praiseworthy and legitimate differences. This is why Ibn al-Qayyim, may Allah have mercy upon him, calls such differing “legitimate differing between the people of Truth.”

This is the catagory of differing in which there is no problem. Here, a Muslim should be open to the wisdom that one of the scholars once advised his son with: “Know the differences and become more tolerant.”

For when a person knows the differences of opinion of the scholars, and that the rationale behind such differences are due to differences in the textual wordings or in understanding the actual texts, then such are differences of ijtihad 5 about which Ibn al-Qayyim states: “If in the issue there is no [decisive text from the] Sunnah, nor a consensus, then ijtihad is legislated: there must be no censuring someone who acts in it either as a mujtahid or as a muqallid.”6

Al-’Izz b.’Abd al-Salam stipulates: “Whoever comes with an issue for which there is a difference of opinion over its forbiddance, and holds it to be lawful, cannot be censured – unless, of course, the opinion is an extremely weak one.”7

Therefore, differing such as this is a sort of convenience for people in non-fundamental matters (furu’).8 Whosoever acts according to any of the opinions of the scholars is, Allah willing, not at fault.

Even if he is mistaken, he is forgiven for his error. For whoever strives their utmost [to arrive at an Islamic ruling] and is correct, receives two rewards; whoever strives and errs, receives a single reward – as per the hadith related by al-Bukhari, no.7352, and Muslim, no.1716; from ‘Abd Allah b. ‘Amr, may Allah be pleased with him. Thus, in this case one cannot reproach such differences.

These are the differences which have been likened to being a mercy, for they provide a sort of ease and flexibility in resolving difficult problems for the ummah, as well as allowing people to coexist peacefully with one another, without the presence of unjustified grudges or rancour.

As for the differing that is forbidden, its like is found in the statement of Allah, Exalted is He: Dispute not with one another, lest you falter and your strength departs.9 This type of differing provokes enmity and hostility, which the Prophet, upon whom be peace, catagorically prohibitted. He strictured: “Do not hate one another, nor be hostile to one another, nor spy on each other. But be, O servants of Allah, brothers.” Related by al-Bukhari, no.6066, and Muslim, no.2563, by way of Abu Hurayrah, may Allah be pleased with him. This type of differing that incites hatred and hostility refers to differing in the fundamental issues of belief (al-aqa’id al-kubra).

It is, to use a contempory expression, “stepping beyond the red line.” What is meant is that it transgresses the bounds of the acceptable differing and instead leads to strife, and to some of the ummah fighting against others.

Therefore the ummah is unable to unify its affairs or face up to its challenges. This differing isreprehensible. Thus, there is a type of differing that is commendable, for which there are certain indicators.

This differing has known causes; its effects on the ummah are healthy; and it gives rise to ease. Then there is a type of differing that has ill-effects on the ummah; this is the blameworthy type of differing.

It is therefore required by the seeker of truth to be cognisent of this. He must have insight into the type of differing which can be overlooked, and that type which wreaks havoc upon Muslim unity and engenders enmity and hostility; which the Sacred Law forbids