Qiyas in Islamic Law
- Thread starter Globalpeace
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Globalpeace
Banned
Hiba_Islam
Junior Member
Assalamu alaikum,
I think the Qiyas was first introduced by Imam Shafi'i (please correct me if wrong).
To brother GB please know first that I respect you deeply and always read you interesting threads. Can you clarify for me the point of Eid Maoulid because my familly and almost majority of the country I come from celebrate it by visiting each other (Silat Arahim), which I see it as good thing.:shymuslima1:
Jazzaku Lah Khairan.
Globalpeace
Banned
Mawlid: Is it Sunnah?
W-Salam Sister,
Some in my family also celebrate Mawlid, however there is no evidence of such practise/celebration in Qur'aan, Sunnah, Seerah & earlier Fiqh:
1. In the time of Rasul-ullah (Sallaho Alaihe Wassallam) (….10AH)
2. Afterwards in the time of Sahaba (RA) all the way till the death of the last one, Amir Bin Tufail (100-110 AH)
3. Afterwards in the time of Taba’een(RA) (roughly 110-180 AH)
4. Afterwards in the time of Taba’Taba’een(RA) (roughly 180-225 AH)
5. There is no mention of this in the earlier Fiqh of Imam Abu Haneefa (RA) (80 AH – 160 AH) and later when it was compiled by his students Imam Abu Yusuf (RA) & Imam Muhammad (RA)
6. There is no mention of this in the earlier Fiqh of Imam Malik (93 AH – 179 AH)
1,2,3,4 covers Salaf & there is no evidence for the practise of Mawlid.
5 & 6 are the earliest schools of Fiqh in Islam! Fiqh of Imam Sha’fae (RA) & Imam Ahmed bin Hanbal (RA) is a derivative and expansion of 5 & 6.
So where do Muslims get the justification for this?
A dream is mentioned of someone who saw that the punishment of Abu’Jahl being softened on Thursdays in the fire of Hell. When Abu-Jahl was asked in the dream the reasons for it, he described that when his maid “Thobia” announced the birth of Rasul-ullah (Sallaho Alaihe Wassallam) on Thursday, he celebrated and set her free, hence his punishment is softened on Thursdays.
The above-mentioned daleel is used throughout the Islamic world to justify celebrations and distribution of food/sweets on Thursday!
The above dream is mentioned by Imam Jalul-ud-din Suyuti (RA) in one of his books (I can't remember which one, but I can find it)
Even if this incident is correct, you can't start celebrating in Islam based on dreams of Abu-Jahal!
Opinion of the Khalaf (Later Scholars):
There have been some later scholars like Imam Jalul-ud-din Suyuti (RA) and Ibn-Abideen Hanafi (RA) [famously known as Imam Shami) who have in some of the books written Mawlid to be Mustahab (praise-worthy) & not Sunnah, because in their time this was practised with vigour throughout the Islamic world. However the evidence and occurrence of Mawlid are not found in any of the earlier sources of Shaf’ae or Hanafi Madhab!
This is the sort of Qiyas of Khalaf that Al-Kathiri is referring to!
You will find that most sites on the Internet will quote both of these Scholars & many later ones and general lack of specific prohibition of Mawlid and general verses about celebrations in Islam.
The first authentic historic mention of Mawlid in Islam is by Ibn Jubayr's (540-614) Rihal ("Travels"), p. 114-115....just in case you are wondering his birthdate is FULL 530 years AFTER Rasul-ullah (Sallaho Alaihe Wassallam)'s passing away!
Now make your own conclusions!
So, What's wrong with it? Since its not prohibited
After you have sat down with a Brother/Sister and drawn a time-line like I have done, they resort to another form of argument, which is “What’s wrong with it?”
The argument sort of answers itself.
Islam is based Qur’aan & Sunnah and it is an established principle in Islamic Shariah particularly expounded in the Madhab of Imam Ahmed bin Hanbal (RA) [as stated by Shaykhul Islam Ibn Taymiyyah (RA)] that in order to FORBID something you need explicit evidence!
However in case of Mawlid we find that motive, opportunity and means where there, YET the genuine lovers of Rasul-ullah (Sallaho Alaihe Wassallam) i.e. Sahaba (RA), Taba’een (RA) NEVER practised this.
We find poetry & Nasheeds in the love of Rasul-ullah (Sallaho Alaihe Wassallam) in abundance BUT we NEVER find gatherings and ceremonies where people explicitly gathered and celebrated Mawlid on specific days, dates etc.
And that’s why dear respected Sister in Islam, Scholars of Islam say this practise is NOT the established Sunnah!
Summary
Lets leave the arguments aside and in my humble opinion:
1. If you follow the Sunnah you CANNOT go wrong!
2. There is no way that I am a greater lover of Rasul-ullah (Sallaho Alaihe Wassallam) then Abu-Bak’r (RA), Umar (RA), Usman (RA) & Ali (RA)….if they didn’t do that then I won’t do it
W-Salam Sister,
Some in my family also celebrate Mawlid, however there is no evidence of such practise/celebration in Qur'aan, Sunnah, Seerah & earlier Fiqh:
1. In the time of Rasul-ullah (Sallaho Alaihe Wassallam) (….10AH)
2. Afterwards in the time of Sahaba (RA) all the way till the death of the last one, Amir Bin Tufail (100-110 AH)
3. Afterwards in the time of Taba’een(RA) (roughly 110-180 AH)
4. Afterwards in the time of Taba’Taba’een(RA) (roughly 180-225 AH)
5. There is no mention of this in the earlier Fiqh of Imam Abu Haneefa (RA) (80 AH – 160 AH) and later when it was compiled by his students Imam Abu Yusuf (RA) & Imam Muhammad (RA)
6. There is no mention of this in the earlier Fiqh of Imam Malik (93 AH – 179 AH)
1,2,3,4 covers Salaf & there is no evidence for the practise of Mawlid.
5 & 6 are the earliest schools of Fiqh in Islam! Fiqh of Imam Sha’fae (RA) & Imam Ahmed bin Hanbal (RA) is a derivative and expansion of 5 & 6.
So where do Muslims get the justification for this?
A dream is mentioned of someone who saw that the punishment of Abu’Jahl being softened on Thursdays in the fire of Hell. When Abu-Jahl was asked in the dream the reasons for it, he described that when his maid “Thobia” announced the birth of Rasul-ullah (Sallaho Alaihe Wassallam) on Thursday, he celebrated and set her free, hence his punishment is softened on Thursdays.
The above-mentioned daleel is used throughout the Islamic world to justify celebrations and distribution of food/sweets on Thursday!
The above dream is mentioned by Imam Jalul-ud-din Suyuti (RA) in one of his books (I can't remember which one, but I can find it)
Even if this incident is correct, you can't start celebrating in Islam based on dreams of Abu-Jahal!
Opinion of the Khalaf (Later Scholars):
There have been some later scholars like Imam Jalul-ud-din Suyuti (RA) and Ibn-Abideen Hanafi (RA) [famously known as Imam Shami) who have in some of the books written Mawlid to be Mustahab (praise-worthy) & not Sunnah, because in their time this was practised with vigour throughout the Islamic world. However the evidence and occurrence of Mawlid are not found in any of the earlier sources of Shaf’ae or Hanafi Madhab!
This is the sort of Qiyas of Khalaf that Al-Kathiri is referring to!
You will find that most sites on the Internet will quote both of these Scholars & many later ones and general lack of specific prohibition of Mawlid and general verses about celebrations in Islam.
The first authentic historic mention of Mawlid in Islam is by Ibn Jubayr's (540-614) Rihal ("Travels"), p. 114-115....just in case you are wondering his birthdate is FULL 530 years AFTER Rasul-ullah (Sallaho Alaihe Wassallam)'s passing away!
Now make your own conclusions!
So, What's wrong with it? Since its not prohibited
After you have sat down with a Brother/Sister and drawn a time-line like I have done, they resort to another form of argument, which is “What’s wrong with it?”
The argument sort of answers itself.
Islam is based Qur’aan & Sunnah and it is an established principle in Islamic Shariah particularly expounded in the Madhab of Imam Ahmed bin Hanbal (RA) [as stated by Shaykhul Islam Ibn Taymiyyah (RA)] that in order to FORBID something you need explicit evidence!
However in case of Mawlid we find that motive, opportunity and means where there, YET the genuine lovers of Rasul-ullah (Sallaho Alaihe Wassallam) i.e. Sahaba (RA), Taba’een (RA) NEVER practised this.
We find poetry & Nasheeds in the love of Rasul-ullah (Sallaho Alaihe Wassallam) in abundance BUT we NEVER find gatherings and ceremonies where people explicitly gathered and celebrated Mawlid on specific days, dates etc.
And that’s why dear respected Sister in Islam, Scholars of Islam say this practise is NOT the established Sunnah!
Summary
Lets leave the arguments aside and in my humble opinion:
1. If you follow the Sunnah you CANNOT go wrong!
2. There is no way that I am a greater lover of Rasul-ullah (Sallaho Alaihe Wassallam) then Abu-Bak’r (RA), Umar (RA), Usman (RA) & Ali (RA)….if they didn’t do that then I won’t do it
Hiba_Islam
Junior Member
jazaka Lahu khayran for your time and efforts and the above sentence is enough for to reach my conclusion.
Wasalam
alkathiri
As-Shafaa'i(Brother)
Akhi GP brought up some good points....
I was listening to an audio. This guy said that maulid is not found in Alquran and sunna but only using qiyas....
Whenever there are things in doubt we always refer to quran and sunna . Because every and any imam can do wrong....and rightfully so. I have read and listen some great imams actually making mistakes in fiqh and unfortunately some in aqeedah .This clearly shows they are human after all. Only the prophetSAW cannot go wrong...
Our love for the prophet SAW is no where near the righful guided caliphs . And some of us celebrate maulid but dont have a beard and claim that they love the prophet SAW. WHAT IS THIS!!??
I was listening to an audio. This guy said that maulid is not found in Alquran and sunna but only using qiyas....
Whenever there are things in doubt we always refer to quran and sunna . Because every and any imam can do wrong....and rightfully so. I have read and listen some great imams actually making mistakes in fiqh and unfortunately some in aqeedah .This clearly shows they are human after all. Only the prophetSAW cannot go wrong...
Our love for the prophet SAW is no where near the righful guided caliphs . And some of us celebrate maulid but dont have a beard and claim that they love the prophet SAW. WHAT IS THIS!!??
alkathiri
As-Shafaa'i(Brother)
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