Fiqh of Jihad 2

[bamalli]

 Al-Qaradawi' s Approach in Introducing the Fiqh of Jihad

His Eminence, scholar, Al-Qaradawi, speaking about his approach in his — hopefully — pleasurable and beneficial book, says that it rests on six pillars: namely, the Glorious Qur'an, the purified Sunnah, and the treasures of Islamic fiqh. Moreover, he says that his approach is also built on making comparisons between divine legislation and positive systems, taking into consideration the contemporary reality in which people are living. Thus, he has adopted the moderate approach as he always has in his books, researches and fatwas. In this regard, the sheikh says,

The approach which I have adopted in writing this book depends on a group of elements:

First, relying primarily on the texts of the Glorious Qur'an, since it is the first and foremost source of Islam, which is indubitable and indisputable. It has been conclusively proven to be authentic through a reliable, uninterrupted chain of transmission, memorized in the hearts, recited by the tongues, and inscribed in the mushafs (copies of the Qur'an). There is no disagreement whatsoever regarding this among scholars. 

From the Qur'an, we derive the authenticity of all the other sources, including the prophetic Sunnah itself. Thus, the authenticity of the Sunnah is established through the verses of the Qur'an. Furthermore, we understand the Qur'an in the light of its modes of expression, with its literal and metaphorical language, considering order and context, avoiding affectation and arbitrariness, and conciliating texts, being sure that the verses of this noble book attest to the truthfulness of each other, and interpret each other.

Second, drawing on sound Sunnah narrations proven to be authentically reported from the Prophet (peace and blessing be upon him). This includes his sayings, deeds and approvals that were transmitted in hadiths with a sound chain of narration, with no missing links, bizarreness or undermining factors.

Moreover, such hadiths should not contradict that which is stronger and more authentic: verses from the Qur'an, other hadiths, or that which is established by knowledge and reason. Thus, they should be illustrative of, not at odds with, what has been revealed in the Qur'an, and should proceed in line with the Book and the Balance (of justice) sent down by the Almighty.

Third, benefiting from the treasures of Islamic fiqh and drawing on its abundant resources, with no bias in favor of the fiqh a certain madhhab against another, or exclusively clinging to one imam while neglecting another. Rather, we should consider this a great legacy to be possessed by every researcher, so that they can delve into its depths, fathom its secrets, and utilize its hidden stores.

While doing so, a researcher should compare different views and proofs, without adopting a fanatical position in support of a certain opinion, or permanently imitating a particular madhhab. Yet, we can adopt Abu Hanifah's opinion in one case, Malik's in another, and Ash-Shafi`i' s, Ahmad's and Dawud's in other cases, and so on. We may even, in some particulars, refer to non-Sunni madhhabs, such the Zaydi, Ja`fari or Ibadi madhhabs, if they provide the required solution. Moreover, we may adopt the approach of some obsolete madhhabs, such as that of Al-Awza`i, Ath-Thawri or At-Tabari.

Fourth, it is not sufficient for us merely to compare the madhhabs and opinions within Islamic fiqh and its schools. Rather, we may also compare the fiqh of Islamic Shari`ah as a whole with Western positive laws. The aim of such comparison is to illustrate the extent of the originality of the Shari`ah, the firmness of its principles, its independence from other laws, and its conciliation between idealism and realism, and between the divine and the human.

Fifth, linking fiqh to the contemporary reality lived by the Ummah and by the world. This is because fiqh is made to solve the problems of the Muslim individual, the Muslim family, the Muslim community, the Muslim state and the Muslim Ummah through the tolerant rulings of the Shari`ah.

Thus, it searches for cures or treatment of the diseases of the Muslims within — not outside — the treasures of this honorable Shari`ah. It also answers any question that is raised by the individual or the community as regards religion and life. Fiqh also leads the civilizational march of the Ummah in the light of the rulings of the honorable Shari`ah.

Sixth, as is the case with all our books and researches, in this book we have adopted the approach that Almighty Allah has guided us to choose and prefer in da`wah, education, iftaa', research, reform and renovation, namely the approach of moderateness and mildness.

Among the aspects of this approach to fiqh, understanding and ijtihad, is that we should renew the religion from within and perform ijtihad that is compatible with our life and age just as our preceding imams performed ijtihad that was compatible with their life and age. We should use the sources of knowledge from which they derived their views, understand the partial texts within the framework of the overall objectives, and trace ambiguous issues back to those that are clear, the conjectural to the conclusive, and the particular to the general.

Moreover, we should be strict when it comes to the basics and make things easy when it comes to secondary issues, reconcile between the fixities of the Shari`ah and the variables of the age, and link the authentic texts with manifest reasonableness.

It also behooves us to avoid partiality toward an old opinion or exaltation of a new thought; to adhere to the principle that the objectives are unchanging, yet the methods can be flexible; and to benefit from whatever is beneficial from the old views just as we welcome any useful new thought.

In addition, we should seek inspiration from the past, live the present, and look to the future, probe for wisdom in any vessel from which it comes forth, and measure the achievements of others against the values we have, and thus, accept what suits us and dismiss what does not benefit us, and so on.

His Eminence, the great scholar, Sheikh Al-Qaradawi has divided the book Fiqh of Jihad into an introduction, nine sections and a conclusion. So, in sha 'Allah, we will have additional reviews of others issues that are raised by the Imam in each of the sections of his study. We ask Almighty Allah for guidance and help.