A Rejoinder to: Fiqh for Minorities - A Source Methodology and Framework Approach part 5
Fiqh for Minorities: A Source Methodology and
Framework Approach by Mufti Muḥammad Haffejee was presented at the Southern African
Ulama Conference, Eswatini [30 September 2022 – 2 October 2022].
The objective of the paper was covered in part 1 of
the rejoinder. Part 2 of the rejoinder covered the sources of the ideas of new
terms to be employed in Fiqh Al-Aqalliyāt. In part 3, the incident of the Noble
Ṣaḥābah raḍiyallāhu ‘anhum who migrated to Ḥabasha was discussed. In part 4,
the verse of the Noble Qur’ān presented as the source for ‘Fiqh for Minorities’
was presented with the explanation from the genuine and true scholars of Islām.
In part 5, a response is presented to some of the issues raised by the advocate
for Fiqh for Minorities.
The following two aḥādīth must be borne in mind
throughout the seemingly complex discussion on Fiqh for Minorities;
Sayyidunā Abū
Najīh al-‘Irbād ibn Sāriyah raḍiyallāhu ‘anhu reports: Rasūlullāh ṣallallāhu
‘alayhi wa sallam delivered a sermon to us, by which our hearts were filled
with fear and tears came to our eyes. So we said, “O Messenger of Allāh! It is
as though this is a farewell sermon, so counsel us.” He said, “I counsel you to
have taqwā (fear) of Allāh, and to listen and obey [your leader], even if a
slave were to become your amīr. Verily he among you who lives long will see
great controversy, so you must keep to my Sunnah and to the Sunnah of the
Khulafā’ ar-Rāshidīn (the rightly guided caliphs), those who guide to the right
way. Cling to it stubbornly [literally: with your molar teeth]. Beware of newly
invented matters [in the religion], for verily every bid’ah (innovation) is
misguidance.”[1]
Sayyidunā Anas ibn Mālik narrated that Rasūlullāh ṣallallāhu ‘alayhi wa sallam said: "There shall come
upon the people a time in which the one who is patient upon his religion will
be like the one holding onto a burning ember."[2]
An
advocate for Fiqh for Minorities has come out in support and defence of the
paper written by Mufti Muḥammad Haffejee. A response to his pleonastic piece is
presented hereunder,
Firstly,
history is not a source of Fiqh or shar’ī law. Hence, history is not part of
the equation at all in the discussion on Fiqh matters and rulings of the
sharī’ah.
Secondly,
the advocate for Fiqh for Minorities has painstakingly listed the periods of
history since the time of Nubuwwah, giving each one a specific name, i.e.,
Islām Emergent, Islām Triumphant, Islām under Attack, Post-Colonial Islām,
Islām Resurgent. Where has this classification come from? Is it sourced in the
Noble Qur’ān, the blessed aḥādīth, the classical Fiqh works, or even the
history works on Islām?
Thirdly,
what is the pressing need to go deep into the historical context? To sway the
Muslims way from what they have been practising for centuries? To impose a
Modernist Fiqh system upon the masses, which they have no idea about?
The
advocate for Fiqh for Minorities portrays the Fiqh for Minorities as the
‘only’ Fiqh that takes circumstances into consideration. Any entry level Iftā
student knows very well that a fatwā cannot be passed without considering the
ground reality, and no judgement can be passed without listening to both sides
of the story. The only problem that Modernists have with classical Fiqh is that
it does not trim the Dīn of Islām, nor does it modify the religion to fit the
desires of man, but rather, it expects one to raise his or her bar and fit in
with Fiqh. After all, this is the essence of Dīn, to make us subservient to the
commands of Allāh Ta’ālā.
The
advocate for Fiqh for Minorities says, ‘conditions
change over time and much of the problems that we faced with here is new
problems, with new complexities and sophistications which arises and all we do
is look for a simplified solution.’
[Sic.]
The
poor grammar of the advocate for Fiqh for Minorities is not under discussion,
but it has been noted.
The
blessed ḥadīth quoted in the beginning of this rejoinder (part 5) tells us the
very opposite of what the advocate for Fiqh for Minorities states. The ḥadīth
tells us to hold on firmly to the Sunnah and the Sunnah of the Khulafā’
Ar-Rāshidīn. Often, the solution to even major problems lies in holding onto
the simplest of solutions.
The
advocate for Fiqh for Minorities states, ‘well,
simplified solutions are not going to work.’ Did the advocate for Fiqh
for Minorities receive inspiration in this regard? Or, did he get some sort of
divine guarantee that he confidently makes such a claim?
The
advocate for Fiqh for Minorities then goes on to lie and say, ‘everything should still have its reference traced to our
main maṣādir.’ The entire framework being presented for the Fiqh for
Minorities case is devoid of any reference of this nature. So, which main maṣādir
are being referred to? In fact, the paper of Mufti Muḥammad Haffejee does not
have a single reference from the classical Fiqh works, or, main maṣādir!
We
call on the advocate for Fiqh for Minorities to kindly present examples of ‘problems the complexity of which go way beyond what is
written in the text book.’ Is this a hint towards changing the textbook
to suit the Modernist and Interfaith agenda?
The
advocate for Fiqh for Minorities asks, ‘where are we
going then if there’s no Shar’ī reference?’ The paper of Muftī Muḥammad
Haffejee discusses this, but the advocate for Fiqh for Minorities has either
overlooked it, or has blindly accepted it. The paper states 5 ways in which Fiqh
for Minorities can find expression. One of these are ‘Muslim
family law, be it recognition or dissolution of marriages and child custody,
etc.’
The
last sentence above is quite clear. The Fiqh for Minorities is taking us
towards the total abandonment of classical Fiqh in favour of a Modernist
expression of Muslim family law.
The
advocate for Fiqh for Minorities states, ‘minorities
should not become a means for the dilution of Dīn.’ So, how do we
explain Imāms in North America who advocate for LGBTQ rights? How do we explain
and respond to Muslim scholars who support the right to insult the greatest of
humanity, Sayyidunā Muḥammad Rasūlullāh ṣallallāhu ‘alayhi wa sallam? These are
not cases of dilution of Dīn, they are cases of washing the entire Dīn down the
sink.
Islām
can only see resurgence if it is practiced according to the classical works.
Fiqh for Minorities is a case of trying to reinvent the wheel. In the straw man
attempt to reinvent the wheel, the advocate for Fiqh for Minorities has
confused matters and has, in essence, displayed his ignorance of the subject.
The
recipe for disaster lies in the Fiqh for Minorities paper of Mufti Muḥammad Haffejee.
It is even worse when people who pose as traditional defend Modernist attempts
to wash Islām away.
A
true and sincere Muslim cannot be practising classical Fiqh, desiring
resurgence of Islām, whilst undermining the very system that supports the resurgence
of Islām. In all probability, the advocate for Fiqh for Minorities is
describing the resurgence of Modernist or Liberal Islām, and not Islām!
We hope in the mercy of Allāh Ta’ālā for acceptance
and protection from every form of harm or loss.
