Fiqh

A common question I often here from young zealous brothers who are newly seeking knowledge is “What is the correct opinion regarding xyz issue?” Today, I want to discuss why this question is wrong, what led to us having this incorrect approach to Fiqh, the correct approach to Fiqh, and why this matters.

I want to start with an issue that does not seem relevant here but is actually crucial for understanding why we approach Fiqh incorrectly in the modern era, and that is the school system. Now most of you already know that I am highly critical of the current school system and believe that it is greatly flawed. One of the biggest flaws of modern education is that it trains the human brain to assume that there is only one right answer on any issue. School forces young people to spend 13 years in a system in which every test and question has just one right answer. Often the system is so strict that even if you arrive at the correct answer through a creative or different approach, it is still graded wrong, because you have to give the exact answer with exact method that the teacher prescribed.

This trains the human mind to think in a very binary way, that for every issue, there is a right answer and a wrong answer. We then carry this mindset into our study of Fiqh which leads to a completely incorrect approach to Fiqh as a whole. Fiqh as a science has always been a field of probability, in which no matter what conclusion you come to, you accept the possibility that you could be wrong and someone else could be right. To appreciate Fiqh, we need to let go of this binary thinking and accept the idea of a spectrum of possibility correct opinions. It is this adjustment in mindset that many people find difficult to make.

You may find it difficult to reconcile between the fact that Islam is the true religion with very clear beliefs and primarily laws, and the fact that Fiqh is mostly speculative and probabilistic, but the Muslims of the past did not see this as a contradiction. A distinction needs to be made between that which is known of the religion by necessity and that which Allah has left open to interpretation as a Mercy to us. Things like the six pillars of faith, the five pillars of Islam, and the major sins are clear and agreed upon. These are the fundamentals that every Muslim must know and follow, and in which there is no room for differences of opinion.

However, Allah as a Mercy to us, did not make the entire religion so stringent. It is only a few issues in which things are this clear-cut and agreed upon. The bulk of Fiqh was left purposely open to interpretation for a number of reasons which include to make things easy for people, to accommodate a diversity of thought patterns and approaches, and to keep the law flexible and practical. Scholars of Fiqh have always viewed Fiqh as a Dhanni science meaning that Fiqh is probabilistic and speculative, and there is always a possibility that you are wrong. It is learning to accept that possibility that is crucial for become tolerant to other Fiqh opinions and learning to live in peace with Muslims that follow a different opinion from you.

Let us look at a contemporary issue as an example, the issue of smoking cigarettes and related tobacco products. My opinion is that smoking such products are haram because these things are dangerous for one’s wealth and cause millions of deaths every year. A Muslim should not purposely destroy their own body in this manner. However, I accept the possibility that my opinion could be wrong, and that another opinion may be correct. I know that many scholars consider smoking to be makruh which means it is disliked but not sinful and they have good reasoning behind their opinion too. So how do we live with this clear difference of opinion.

The first step is to accept that both opinions have the possibility of being correct so whichever opinion you believe is stronger, you follow that, but you cannot make this issue a big deal or force your opinion on others. If someone else is convinced of a different opinion from you, you have to let them follow that opinion and respect their decision. This means that when I teach or advice people, I will make my opinion clear, explain the reasoning behind it, and try to persuade them to follow it. But in my daily dealings with fellow Muslims, I will not enforce my opinions on others, treat them badly for following a different opinion, or make it a big deal.

This is why it is important for us to have the correct approach to Fiqh. When we accept that Fiqh is about following what is probably the strongest opinion while accepting that you could be wrong, you automatically become more tolerant of the diverse range of opinions that exist within mainstream Islam. You do not force your opinion on others, make differences of opinion a big deal, or break ties with other Muslims over these issues. Over time, you may learn to appreciate these differences more, enjoy the diversity that makes up the ummah, and marvel at the vast scholarship behind these various madhabs.

I will end with a beautiful quotation from the great Caliph Umar Ibn Abdul Aziz (RA), when he was asked about why differences of opinion exist in such issues. He replied, “It pleases me that the companions disagreed on some matters because if not, then there would have only been one view, and this would be difficult on the people.” This should be our approach to dealing with differences in Fiqh, we must view them as a mercy from Allah and a gift from Allah that makes life easier for the believers.

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There has been some talk recently about “updating” Fiqh to include exams as a valid excuse to delay fasting. This talk has come primarily from the modernist/liberal school of thought. Their argument is that Muslims are backward and too literal in their thinking and need to update Fiqh for the times.

This argument is flawed in many ways. The analogy of exams being a type of difficulty that leads to concession is flawed. The idea that our Fiqh processes are outdated and backward is also flawed. To demonstrate this, let us take a look at the main Fiqh Maxim governing who can delay a fast.

The main Fiqh maxim regulating this ruling is al-Mashaqa Tajlibu al-Taysir which can be translated as “Extreme Difficulty causes relaxation of the Law”. This maxim is found in all four madhabs and is a point of consensus among Sunni Muslims. The maxim is simple, the Shariah has built-in processes of flexibility to handle extremely difficult situations.

However, the maxim cannot be applied based on whim and desire. There is a list of difficulties that cause relaxation of the law. This list is derived from the Quran and Sunnah.

Types of Difficulty

There are primarily seven things that can cause relaxation of a law:
1. Coercion i.e. being forced to do something
2. Travel as traveling is difficult as you are outside of your comfort zone dealing with many unpredictable variables
3. Disease/Sickness
4. Forgetfulness i.e. people are not held accountable for lapses in memory
5. Ignorance i.e. ignorance can work as an excuse is some situations6. A general calamity like a pandemic or drought
7. Lack of legal competence i.e. laws do not generally apply to children, extreme mental health cases, and people who are asleep.

All of the above categories are explicitly stated in either the Quran or Sunnah. The verse of fasting (2:185) mentions two of these sources of difficulty: travel and illness, making these the two primary valid reasons to delay a fast. Scholars have included other health risks in this as well like pregnancy and breastfeeding.

The category of extreme difficulty is generally restricted to these seven things, except in rare circumstances where something else rises to the level of extremity. even then, these new circumstances can often easily fit into one of these seven categories. For example, the current pandemic falls under category six, and tyrannic regimes may trigger category one.

A Clear Process

The relaxation of laws, however, cannot be done based on perceived difficulty or manageable difficult. The very concept of worship has some level of difficulty built into it to make it a means of purifying the soul and exerting effort in pleasing Allah. If we allow relaxing the laws for any difficulty, that would mean excusing Fajr because we are tired, missing Asr because we are working, or delaying fasting because it is a hot day.

Almost any law can be modified if the category of Mashaqa is left open-ended without any parameters. Thus, it is restricted to those things found in the Quran and Sunnah, which are summarized in the list above.

Exams are a general difficulty. There is no health risk for the average student, nor is there any coercion to break the fast. The only time a student would be allowed to break a fast is if it becomes a genuine health risk, eg: dehydration. In that case, they are doing it due to the reason mentioned in the Quran, not because of exams.

Our Shariah does not need reform. It already has a built-in system to update Fiqh as and when needed via the principles of Fiqh and Maxims of Fiqh. These are guided by the goals of the Shariah. All of these concepts are derived from the Quran and Sunnah and categorized and explained by our pious predecessors.

Conclusion

If any new verdict is to be passed on an issue, it must be done utilizing the proper methodology of ijtihad, and not simply because “I think” or “I feel” or any other weak reason. Fiqh is a system with its own methodology, parameters, and experts. If you are not a Mufti, leave it to the Muftis to work out these details utilizing the proper methodology.

One of the five major maxims of Fiqh is “المشقة تجلب التيسير” which is usually translated as “Difficulty causes ease”. I prefer to translate it as “Extreme difficulty causes relaxation of the law” as that is more clear and precise. This maxim means that the laws of Islam are flexible enough to cater for difficult situations. The maxim is extracted from several rulings found in the Quran and Sunnah.

These include the permission to make Tayammum when water is not available or useable, the permission to consume Haram when there is a risk of life, and the permissibility to shorten and combine prayers when traveling. All of these rulings share one common theme; they are all examples of the law beings relaxed because of difficulty. This maxim is agreed upon by all four madhhabs, although they may differ in how to implement it.

Types of difficulty that cause the law to change

The scholars of Fiqh list seven types of difficulty (المشقة) that can cause the law to change. These causes are coercion, sickness, travel, forgetfulness, ignorance, lack of legal competence, and public affliction. There are examples of each of these in the Shariah. An example of coercion is that it is permissible to say words of Kufr to save one’s life. The examples of sickness are plenty which includes the allowance of Tayammum when using water is harmful and the permissibility to delay fasting when ill in Ramadan. Likewise, the examples of travel are clear i.e. delaying fasting or shortening prayers while traveling.

Ignorance and forgetfulness are a bit different. This simply means that Allah forgives anything that is done out of forgetfulness or genuine ignorance. Similarly, we should go easy on people who are genuinely ignorant or made a mistake. Lack of legal competence falls into the same category. For example, children are not responsible to obey the laws of the Shariah until they hit puberty, so we should go easy on them and be gentle with their mistakes.

It is the final type of difficulty, public/common affliction that concerns us here. The Shariah allows for the relaxation of several laws when the health, lives, wealth or general well-being of the community is at risk. There are two examples of this from the reign of Umar bin al-Khattab. During the plague that afflicted al-Shaam, the Muslims isolated themselves in the mountains to prevent it from spreading. Then when a drought hit Arabia, Umar suspended the law of amputating the hands of thieves due to mass starvation. In both cases, the well-being of the community was given preference over individual laws of the Shariah.

The types of Ease

As the scholars divided difficulty into seven categories, they did the same for the types of changes that can occur to the laws. The first type of change is that the laws can be omitted, like when Umar suspended the amputation of the hands of thieves. A change could also mean a decrease is what is expected like the reduction of the number of Rakah to pray when traveling. Or it could refer to delaying an act of worship or doing it earlier than usually allowed, like combining Dhuhr with Asr in one time when traveling.

Laws can also be replaced or substituted with others, like replacing Wudhu with Tayammum when water is not available, or replacing fasting in Ramadan with Fidya for the chronically ill. Laws can also be changed to accommodate the hardship like praying Salah al-Khawf during times of civil unrest or war. Finally, the haram can become permissible at times of necessity, depending on the level of prohibition and the level of necessity. Each of these seven types of changes can be found in the Shariah and in practice throughout our history.

The Coronavirus and the application of this maxim

As the coronavirus (COVID-19) spreads across the globe, we are entering perhaps for the first time in decades, a situation of public affliction on a global scale. This means that scholars around the world need to consider what kind of Taysir (Relaxation) can be done to the laws of Islam in order to stop the spread of this virus and to save the lives of the believers.

It is my opinion that the following changes take place in the law during this time of crisis. Note that these changes apply only to countries that are afflicted, and the changes will be rolled back when the crisis is over.

The changes are:
1. The suspension of congregational prayer until it is over, with the exception of small congregations in the home.
2. The obligation to pray Jum’ah falls away, and it becomes permissible to pray Dhuhr at home.
3. Masjids and other places of mass gatherings should be closed if possible. If not possible, then measures should be taken to prevent the spread of the virus in our places of gathering.
4. Weddings should be delayed, a small nikah will suffice to avoid large gatherings.
5. If someone passes away from the virus, then Ghusl may not be possible, Janazahs may be limited to ten people, the family will not get to attend the funeral and people will not be allowed to visit the family.
6. Taraweh should be prayed at home with one’s family. Likewise, Iftar should take place at home with the family.
7. If necessary, Eid prayer should be canceled completely.
8. Avoid leaving the home except for necessities. The best usage of our time now is to be at home worshipping Allah and asking for His Divine Assistance.

None of these changes should be a source of happiness for the believer. It should hurt our hearts that we are unable to pray in congregation, attend Islamic gatherings, or enjoy the atmosphere of the Masjid. This is a test from Allah, and these changes to the law are for the protection of human life, which is one of the fundamental goals of the Shariah.

Remember; to stay home is Fiqh and to feel bad about it is Imaan.

May Allah protect us all and help us through this difficult trial.