[4] An Urgent Need to Examine Our Behaviour

بسم الله الرحمن الرحيم

Shaikh al-Islam Ibn Taymiyyah, may Allah have mercy upon him, said:

When it is the case that the followers of the Prophets are people of knowledge and justice, then the speech of the people of Islam and the Sunnah regarding the disbelievers and the people of bid’ah is to be based upon knowledge and justice, not conjecture and the soul’s desires.

Due to this, the Prophet, peace and blessings of Allah be upon him, said: “Judges are of three types; one will go to Paradise and two to Hell. A man who knows the truth and judges by it will enter Paradise. A man who knows the truth but judges contrary to it will enter the Fire. And a man who judges among the people based on ignorance will enter the Fire.” [Reported by Imam Abu Dawud and others]

When this is the case regarding the one who judges between people in matters related to wealth, blood (i.e. murder cases and physical crimes), and honour—that he will enter the Hellfire if he is not a just scholar—then what about the one who passes judgements without knowledge, as is the case with Ahlul Bid’ah, concerning religion, the fundamental principles of Iman, matters of knowledge related to Allah, His Names, Attributes, His Actions, and the lofty affairs of knowledge?! [1]

Amr bin Al-‘Aas, may Allah be pleased with him, narrated that he heard Allah’s Messenger, peace and blessings of Allah be upon him, say: “If a Mujtahid gives a verdict according to the best of his knowledge and his verdict is correct, he will receive a double reward. If he gives a verdict according to the best of his knowledge and his verdict is wrong, he will still receive a reward.” [2]

A Mujtahid is not deprived of reward. The judgement of a non-Mujtahid is different from that of a Mujtahid. Shaikh al-Islam Ibn Taymiyyah, may Allah have mercy upon him, said that the one who speaks about the religion without knowledge and out of ignorance is guilty of lying and sinning. As for the one who intentionally speaks in opposition to the truth, he is threatened with entry into the Hellfire.

This is unlike the one who speaks based on permissible Ijtihad. Indeed, he strives, fears Allah as much as he is able, seeks knowledge to the best of his ability, speaks for the sake of Allah, recognises the stronger proof, and speaks in accordance with it. Such a person receives two rewards if he is correct, but if he is mistaken, he receives one reward. A Mujtahid can either be correct or mistaken. [3]

Abdur-Rahman bin Abi Layla, may Allah have mercy upon him, said: “I met one hundred and twenty Companions of the Messenger, peace and blessings of Allah be upon him, in this Masjid, and not a single one of them would be asked about a hadith except that he wished his brother would suffice him in answering it. Then the matter came to people who claim knowledge today. They issue verdicts in matters which, if presented to Umar ibn Al-Khattab, may Allah be pleased with him, he would have gathered the participants of Badr to consult them.” [4]

Yahyah ibn Sa’eed, may Allah have mercy upon him, said: “I heard Al-Qasim ibn Muhammad say: ‘For a person to live his entire life in ignorance is better for him than issuing fatawa without knowledge.'” [5]

Imam Muhammad ibn Salih al-Uthaymin, may Allah have mercy upon him, was asked about those who say, “I heard some of the scholars say such-and-such,” or, “A scholar issued a fatwa,” and then use this as the basis for their statement or action.

The Shaykh replied: Lying about the scholars in matters related to the Shariah is an extremely serious matter. Because of this, it is authentically reported that the Prophet, peace and blessings of Allah be upon him, said: “Whoever intentionally tells a lie against me, let him occupy his seat in the Hellfire.” [Al-Bukhari 107].

Therefore, lying about the scholars concerning matters of the Shariah is a grave danger because it amounts to lying against the Shariah itself.

Some people—may Allah guide them—when their souls incline towards something they desire, and they know that people will not accept it, choose a scholar trusted by the people and fabricate a statement, falsely attributing it to him, regardless of whether what they themselves advocate is true or false. [6]

Al-‘Allamah Siddiq Hasan Khan, may Allah have mercy upon him, said:

It is forbidden for a Mufti to assist the one seeking a verdict by directing him towards his objective or giving him a fatwa merely based upon outward appearances when the issue involves trickery intended to abandon an obligation, legalise something prohibited, or facilitate plotting or deception.

Rather, it is obligatory for him to possess insight into people’s schemes, deception, and circumstances. It is not permissible for him to have a good opinion of them in such matters. Instead, he must be cautious, perceptive, and understand people’s situations and affairs, supported by sound understanding of the Islamic Shariah.

If he is not like this, he will go astray and lead others astray. How many matters possess an outward appearance of beauty while their hidden reality is ugly injustice? The deceived person merely looks at the outward appearance and judges it permissible, whereas the one endowed with insight examines its intent and hidden reality.

The first is deceived by manipulated religious issues just as someone ignorant of coin authentication is deceived by counterfeit coins, whereas the second exposes their counterfeit nature just as an expert coin examiner does.

How many falsehoods are presented through eloquent speech, embellished wording, and attractive presentation until they resemble the truth? Likewise, how many truths are presented in a deficient, faulty, or offensive manner until they appear false?

Anyone possessing even a small amount of discernment and experience will recognise this. Rather, this is the condition of most people, and because it is so widespread and well known, examples are unnecessary. Indeed, whoever reflects upon all false beliefs and innovations will find that their proponents presented them in attractive forms and clothed them with expressions readily accepted by those unaware of their true reality. The purpose of this discussion is that it is not permissible for the Mufti to issue fatawa through prohibited stratagems or tricks, nor to assist or direct people towards them, thereby opposing Allah’s command.

Allah, the Most High, said: “And they plotted, but Allah too planned (to foil their plan), and Allah is the Best of planners.”  [Aal ‘Imran 54]

Allah, the Most High, also said: “So they plotted a plot, and We planned a plan while they perceived not. Then see how was the end of their plot! Verily, We destroyed them and their nation altogether.”  [An-Naml 50–51]

Allah, the Most High, also said: “They were plotting, and Allah too was planning, and Allah is the Best of planners.”  [Al-Anfal 30]

Allah said: “But the evil plot encompasses only him who makes it.” [Fatir 43]

Allah also stated regarding those who practised forbidden trickery: “And indeed you knew those amongst you who transgressed concerning the Sabbath. We said to them: ‘Be you monkeys, despised and rejected.’ So We made this punishment an example to their own generation and to those who came after them, and a lesson for the pious.”
[Al-Baqarah 65–66]

The Messenger, peace and blessings of Allah be upon him, said: “Evil plotting and deception are in the Fire.” [Sahih al-Jami’ 6408]

It is also reported in the Sahihayn that he, peace and blessings of Allah be upon him, said: “May Allah curse the Jews (i.e. those who deviated after the departure of their prophets) Fat was forbidden to them, so they melted it down, sold it, and consumed its price.” [Muslim 1582].

Ayyub al-Sakhtiyani said: “They try to deceive Allah as though they were deceiving children.”  Some of the righteous Salaf also said: “Whoever possesses these three traits, they will eventually destroy him: evil plotting, transgression, and breaking pledges.”

Allah said: “But the evil plot encompasses only him who makes it.”  [Fatir 43] “Your rebellion is only against your own selves.”  [Yunus 23] “Whoever breaks his pledge only breaks it to his own harm.”  [Al-Fath 10]

Imam Ahmad ibn Hanbal, may Allah have mercy upon him, said: “These unlawful stratagems that these people devised—they examined the Sunnah and sought ways to undermine it. They approached what had been forbidden to them, then devised tricks until they made it lawful.”

He then said: “How filthy they are,” meaning the perpetrators of these unlawful stratagems, who employ tricks to nullify the Sunnah of Allah’s Messenger, peace and blessings of Allah be upon him. [7]

He also said: It is not permissible for a Mufti to adopt whichever opinion he wishes without first examining which opinion is stronger and more correct. Nor is it permissible merely to adopt an opinion because it belongs to a particular Imam or another group, acting instead upon personal desires because that opinion suits his wishes or interests. This is forbidden by the consensus of the scholars. 

This resembles what Al-Qadhi Abu al-Walid al-Baji mentioned regarding certain individuals in his time who set themselves up to issue fatawa. One of them would say: “What my friend deserves from me is that if he encounters a legal dispute or requires a fatwa, I provide him with the opinion that suits him.” Al-Baji then said: “A trustworthy person informed me of a case in which a group of Muftis issued a verdict that harmed a man while he was absent. When he returned and asked them directly, they replied, ‘We did not realise it was you,’ and then gave him the alternative opinion that benefited him.” He concluded: “There is no disagreement among the scholars whose opinions are relied upon regarding the prohibition of such conduct.”

In summary, it is not permissible to act or issue fatawa in the religion ordained by Allah based upon personal desires, selective choice, or one’s own interests. A person should not seek out the opinion that suits either his own aims or those of those he loves, then act upon it, issue fatawa with it, and judge by it, while issuing the opposite ruling and fatwa against his opponent. This is among the most immoral forms of immorality and among the gravest of the major sins. And Allah is the One whose help is sought. [8]

[1] Al-Jawaabus Saheeh 1/107-108

[2] al-Bukhari Number 7352

[3] Arba’una Haditha Fee Usul Al-Fiqh. pages 32-33

[4] Sharhus Sunnah of Imaam Al-Baghawee: 1/305

[5] Kitaabul Ilm of Abu Khaythama with the checking of Shaikh Al Albaani: Narration number 90. page 23

[6] An Excerpt from “Sharh Hilyah Talib Al-Ilm”. page 224. 1st Edition Rabi Al-Awwal 1434

[7] An Excerpt from Dhakhr al-Muḥtī min Ādāb al-Muftī pages 121-124. 1st Edition 1441 (2020). Publisher: Maktabah at-Tawbah.

[8] Dhakhr al-Muḥtī min Ādāb al-Muftī pages 98-99. 1st Edition 1441 (2020). Publisher: Maktabah at-Tawbah