Jurisprudence of Priorities

Jurisprudence of Priorities

Sheikh Yusuf Al-Qaradawi

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Contents

Preface

CHAPTER ONE

Our Nation’s Need for Jurisprudence of Priorities

Introduction

Our nation’s current need for the jurisprudence of priorities

Religious and practicing Muslims’ noncommittal to the jurisprudence of priorities

CHAPTER TWO

The Relationship between Jurisprudence of Priorities and Other Types of Jurisprudence

The relationship between jurisprudence of priorities and jurisprudence of maintaining a balance

Maintaining a balance between various benefits and interests

Striking a balance between harms or evils

Striking a balance between benefits and harms in case both coincide

How to distinguish between benefit and harm?

How to know benefits and harms of the two lives?

The objective behind Ibn `Abd As-Salam’s Qawa`id Al-Ahkam Fi Masalih Al-Anam:

The relationship between jurisprudence of priorities and objective-based jurisprudence

The relationship between jurisprudence of priorities and jurisprudence of texts

CHAPTER THREE

The Priority of Quality over Quantity

The priority of quality over quantity

CHAPTER FOUR

Priorities in the Fields of Knowledge and Thinking

Priority of knowledge over action

Knowledge is conditional to assume a leading role (political, military, judicial or otherwise)

The necessity of knowledge for the Mufty

The necessity of knowledge for the preacher and teacher

The priority of understanding over rote learning

The priority of essential objectives over external appearance

The priority of Ijtihad over Taqlid

The priority of studying and planning worldly matters

Priorities in the field of jurisprudential opinions

Distinguishing between the decisive and indecisive

CHAPTER FIVE

Priorities in the Field of Fatwas and Da`wah

The Priority of facilitation and extenuation over strictness and harshness

CHAPTER SIX

Priorities in the Field of Righteous Deeds

The priority of durable deeds over intermittent ones

The priority of far-reaching beneficial deeds over limited ones

The priority of the deeds that have a more lasting benefit and a far-reaching effect

The priority of good deeds at the time of sedition and turmoil

The priority of spiritual deeds over physical ones

Priority differs according to time, place and circumstances

CHAPTER SEVEN

Priorities in Relation to Commandments

The priority of basics over subsidiaries

The priority of obligations over commendable and supererogatory acts

The priority of personal duties over collective ones

The priority of people’s rights over Allah’s Pure Rights

The priority of the rights of the group over those of individuals

The priority of loyalty to the group and nation over loyalty to the individual or tribe

CHAPTER EIGHT

Priorities in the Field of Prohibitions

Priorities in relation to the aspect of prohibitions

Disbelief of atheism and denial

Disbelief by associating others with Allah in His Divinity or when worshipping Him

Disbelief of the People of the Book

Disbelief of apostates

Disbelief due to hypocrisy

Differentiating between major and minor disbelief, Shirk and hypocrisy

Major and minor Kufr

Imam Ibn Al-Qayyim’s words

Major and minor Shirk

Major sins

Major sins of the heart

The obeyed miserly trait

Following evil desires

Self-righteousness

Disapproved showing-off

Love and desire of life

Love of money, prestige and power

Minor prohibited actions

Doctrinal and practical innovations in religion

Doubtful matters

Reprehensible matters

CHAPTER NINE

Priorities of Reform

Self-change before regime change

Education before Jihad

Why should education be given priority?

Priority for the intellectual battle

Intellectual battle on the Islamic scene

The obligation of the moderate trend

Legal application of the Islamic Law or education and information

CHAPTER TEN

Priorities of Our Heritage

Priorities of our heritage

Inquirers about killing flies by a Muhrim

Association or isolation in times of decay

Abstaining from prohibitions or performing acts of obedience?

Thanksgiving associated with riches or patience associated with poverty

Imam Al-Ghazali and jurisprudence of priorities

An example of violating the prescribed order of deeds

Example of spending money on less important things

The rich busying themselves with physical acts of worship

Spending money on supererogatory pilgrimage

Other scholars who dealt with the jurisprudence of priorities

Ibn Taymiyyah and jurisprudence of priorities

Conflict between virtuous deeds and misdeeds

CHAPTER ELEVEN

The Jurisprudence of Priorities:

The Calls of Reform in the Modern Age

The Jurisprudence of Priorities Concerning the Calls of Reform in the Modern Age

Imam Ibn `Abdul-Wahhab

Leader Muhammad Ahmad Al-Mahdi

Mr. Jamal Al-Deen

Imam Muhammad `Abdu

Imam Hasan Al-Banna

Imam Al-Maududi

Martyr Sayyid Qutb

Mr. Muhammad Al-Mubarak

Sheikh Al-Ghazaly

Endnotes

Foreword

Fiqh of Priorities is a translation of the Arabic book "Fiqh Al-Awlawiyyat". It tackles an important topic, for it treats – from an Islamic Law perspective – the problem of disorder and imbalance in evaluating and arranging thoughts and acts. It tackles the issue of prioritizing matters; what should be considered primary and what is relegated to a secondary position in the scale of the Divine Commandments and Prophetic teachings.

Admittingly, translation is an intricate task that requires precision and efforts. We have endeavored to the best of our ability to produce this precious work; but perfection is only divine. Due to the usage of certain terms and the nature of the subject, the translation in hand is not literal. Our teamwork have exerted their utmost efforts to make the text presentable and legible. On various occasions they have amended the Arabic text, by way of paraphrasing, rearranging and summarizing. Their aim is to present the text in clear and simple language along with preserving the academic and scholarly exposition of the work.

We would like to thank our Staff Members, particularly, the translators; Muhammad As-Sayyid, Abdul-Rahman Mujahid, and Mahi Atef for their efforts in translating this work. Great appreciation is due to Ahmad M. Hasan and Fatimah McCarthy, our revisers, under their guidance and supervision the subject matter took form.

Finally, all praise and thanks are due to Allah, without Whose Help and Guidance nothing can be accomplished.

Sheikh Muhammad Abdu

New Vision General Director

In the name of Allah, Most Merciful, Most Beneficent

Preface

All Praise is due to Allah, by Whose Grace good deeds are fulfilled, and Who has guided us to this; never could we have found guidance, were it not that Allah had guided us. Allah’s Peace and Blessings be upon our beloved master, leader and good model Prophet Muhammad, who has been sent as a mercy from Allah and who Allah bestowed on all the worlds, and upon his family, Companions and those who follow him rightly till the Last Day.

The study I introduce here tackles a topic that I consider of the utmost degree of importance, for it treats – from an Islamic Law perspective – the problem of disorder and imbalance in evaluating and arranging thoughts and acts. It tackles the issue of prioritizing matters; what should be considered primary and what is relegated to a secondary position in the scale of the Divine Commandments and Prophetic teachings. What further emphasizes the importance of the topic is the rise of the imbalance of priorities in the contemporary Muslim community. I once titled this study Fiqh Maratib Al-A`mal [Jurisprudence of the Order of Acts], and a few years ago I chose to title it as Fiqh Al-Awlawiyyat [Jurisprudence of Priorities], for the latter is a wider, more comprehensive and expressive title.

This study is intended to shed light on a number of priorities brought forth by the Islamic Law and supported by clear evidence, so that it may hopefully serve the purpose of moderating thought, correcting attitudes and laying down the basis for this kind of jurisprudence. We also hope it may guide those working in the Islamic field and with Islamic theories, so that they can take interest in distinguishing between what Islamic Law gives priority to and what it considers secondary or less important, between what it emphasizes and what it makes optional, and between what Islam assigns great value to and what it degrades. This may hopefully reconcile or control the two opposing extremes of excessiveness and negligence, and bridge the gap between the viewpoints of faithful people working in the Islamic field.

I cannot claim that this is a comprehensive study. Rather, it only opens the door and paves the way for more work. Allah (Exalted be He) may enable others to give it more depth and consolidation. Indeed, any hard-worker must be granted (their own share of) success.

I should like to conclude [this preface] by the words of Allah’s Prophet Shu`ayb (peace be upon him) as mentioned in the Ever-Glorious Qur’an: "I only desire reform so far as I am able, to the best of my power. And my guidance cannot come except from Allah, in Him I trust and unto Him I repent."1

Doha – Rabi` Al-Awwal 1415 A.H; Sep. 1994 A.C.

Yusuf Al-Qaradawi

CHAPTER ONE

Our Nation’s Need for Jurisprudence of Priorities

Introduction

One of the significant concepts in our jurisprudence nowadays is what I have referred to in a number of my books as jurisprudence of priorities. I have earlier in my book As-Sahwah Al-Islamiyyah Bayna Al-Juhud Wa At-Tatarruf [Islamic Resurgence; between Denial and Extremism] called it Fiqh Maratib Al-A`mal [Jurisprudence of the Order of Acts], by which I mean putting everything, whether rules, values or acts, in its due status, priority being given to the worthier based on the correct legal criteria derived from the light of Divine Revelation and that of sound intellect; "Light upon Light!"2

The unimportant is not preferred over the important, nor is priority given to the less important over the more important, the outweighed over the preponderant, or the less noble over the noble or best. Instead, that which deserves priority should be given its due primary status, and that which is secondary is to be relegated to a secondary position. The small should not be magnified; nor should the significant be belittled. Everything should be put in its position with a straight balance, without excess or negligence. Allah (Exalted be He) says: "And the heaven He has raised high, and He has set up the Balance; In order that you may not transgress the (due) balance; And observe the weight with equity and do not make the balance deficient."3 The basis for this is that values, rules, acts and legal commandments vary widely in the eyes of Islamic Law. Some are viewed as great and others small, some essential and others subsidiary, some as fundamental pillars and others complementary, some represent the core of the Law and others are marginal, some are higher and important and others lower and less important. This is quite evident in the Islamic texts as in Allah’s Saying: "Do you consider the providing of drinking water to the pilgrims and the maintenance of Al-Masjid-al-Haram (at Makkah) as equal to the worth of those who believe in Allah and the Last Day, and strive hard and fight in the Cause of Allah? They are not equal before Allah. And Allah guides not those people who are the Zhalimun (polytheists and wrong-doers); Those who believed (in the Oneness of Allah – Islamic Monotheism) and emigrated and strove hard and fought in Allah’s Cause with their wealth and their lives are far higher in degree with Allah. They are the successful.4 The same idea is echoed in the Prophet’s hadith that reads, Faith consists of some seventy parts, the highest of which is to bear witness that there is no god except Allah and that Muhammad is the Messenger of Allah; and the lowest of which is to remove harmful things from the road."5

The Prophet’s Companions were very keen to know what acts are more important to take them as a means of approach to Allah (Exalted be He). That is why they asked much about the best acts that are most loved by Allah, as in the questions asked by `Abdullah ibn Mas`ud, Abu Dharr and others. Therefore, it is frequently mentioned in the Prophetic hadiths the phrase the best of acts is so and so… or the most beloved act(s) to Allah are so and so…6

Suffice it to cite only one hadith here: `Amr ibn `Abasah (may Allah be pleased with him) reported that a man asked the Prophet, saying, O Allah’s Messenger! What is Islam? The Prophet replied, "Islam is to submit your heart to Allah and to save Muslims from [the harm of] your tongue and hands. The man again asked, What is the best [kind] of Islam? The Prophet replied, Faith. The man said, What is faith? The Prophet, then, replied, To believe in Allah, His Angels, Books, Messengers and Resurrection after death. The man asked, What is the best [kind] of faith? The Prophet said, Hijrah (literally meaning migration). The man asked, What is Hijrah? The Prophet said, Hijrah is to abandon the bad things. The man asked, What is the best [kind] of Hijrah? The Prophet said, Jihad. The man asked, What is Jihad? The Prophet said, Jihad is to fight the disbelievers when you confront them in the battlefield. The man ultimately asked, What is the best [kind] of Jihad? The Prophet replied, The best [kind] of Jihad is to have your horse [or riding animal] killed and your blood shed [i.e. to be martyred]."7

If we trace what is mentioned in the Ever-Glorious Qur’an and the Prophet’s Sunnah concerning this issue, be it an answer to a question or a statement of facts, we find that they put forth a set of criteria for the best and most favorite and loved acts, values and commandments in Allah’s Sight, showing the remarkable variation between them. Some hadiths define the variation between certain acts in relative terms; e.g. "Congregational Prayer exceeds that of individual Prayer by twenty-seven degrees."8 "One dirham can be far more valuable than one hundred thousand dirhams.9 Serving in Jihad (in Allah’s Cause) for one day is better than fasting a whole month and performing Qiyam Al-Layl (Supererogatory Night Prayer) during it.10 And, Staying in the service of Jihad in Allah’s Cause is better than performing Prayers at home for seventy years."11

On the other hand, there are some other criteria laid down for bad deeds, and how they vary and their division into Kaba’ir (the greatest sins), Sagha’ir (minor sins), Shubuhat (doubtful matters) and Makruhat (reprehensible matters). Their relative significance is sometimes mentioned as well. The Prophet (peace be upon him) was reported to have said, "Taking one dirham by means of usury while one knows is more evil in the Sight of Allah than having unlawful sexual intercourse thirty-six times."12 He also warned against some acts that he considered worse and more blameworthy than others, as in his saying, "The worst of people’s attitudes are grave miserliness and impatient cowardice13, The worst of people is the person who is asked (to give charity) for the Sake of Allah and then does not give anything14, The worst of my nation are the talkative, loudmouthed proud people; and the best of my nation are the well-mannered ones15, and The gravest theft is to steal from one’s Prayer by not performing its acts (e.g. kneeing and prostration) properly or not fulfilling them the right way; and the gravest miserliness is to abandon offering peace (greetings) to others."16

The Ever-Glorious Qur’an also indicates that people are not of equal status but vary radically from each other concerning their morals, deeds and knowledge, though they are the same from the point of view of their human nature in that they share the same origin with regards to their creation. Allah (Exalted be He) says: "O mankind! We have created you from a male and a female, and made you into nations and tribes, that you may know one another. Verily, the most honorable of you with Allah is that (believer) who is more pious."17 He (the Exalted) also says: "Say: ‘Are those who know equal to those who know not?’18 Allah (Exalted be He) also says: Not equal are those of the believers who sit (at home), except those who are disabled (by injury or are blind or lame, etc.), and those who strive hard and fight in the Cause of Allah with their wealth and their lives. Allah has preferred in grades those who strive hard and fight with their wealth and their lives above those who sit (at home). Unto each, Allah has promised good (Paradise), but Allah has preferred those who strive hard and fight, above those who sit (at home) by (giving them) a huge reward; Degrees of (higher) grades from Him, and Forgiveness and Mercy. And Allah is Ever Oft­Forgiving, Most Merciful.19 And: Not alike are the blind (disbelievers in Islamic Monotheism) and the seeing (believers in Islamic Monotheism); Nor are the darkness (disbelief) and the light (Belief in Islamic Monotheism) (alike); Nor are the shade and the sun’s heat (alike); Nor are the living (the believers) and the dead (the disbelievers) (alike)…20 And: Then We gave the Book (the Qur’an) for inheritance to such of Our slaves whom We chose (the followers of Muhammad). Then of them are some who wrong their own selves, and of them are some who follow a middle course, and of them are some who are, by Allah’s Leave, foremost in good deeds…"21

Therefore, it becomes clear that, like acts, people vary, and the criteria of precedence among people depend on the degree of knowledge, good deeds, piety and Jihad.

Our nation’s current need for the jurisprudence of priorities

The imbalance of priorities in (the life of) our nation

If we consider our life in its various aspects, material, spiritual, intellectual, economic, political or otherwise, we find that the balance of priorities is utterly disordered. In all our Arab and Islamic countries there are odd paradoxes. Things pertaining to entertainment are given priority over other things related to knowledge and education. In the field of youth activities, more interest is given to bodily sports than mental activities, as if the meaning of youth care is confined to only the physical side. Is man represented by the body or by the soul and mind? We have long been accustomed to memorize a refrain from Abu Al-Fat-h Al-Basti’s well known poem that reads,

O you who serve the body!

How can you seek profit from a losing process?

Take interest in the soul and foster its virtues,

For you are a man, by the soul not the body.

Long before Al-Basti, Zhuayr ibn Abu Salamah said in a long poem,

Half of man is the tongue and the other half is the heart,

And the rest is but images of flesh and blood.

However, in the summer of 1993, there was much ado in Egypt about the football player offered for sale, whose price in the bargaining process among football clubs reached about three quarters of a million Egyptian pounds.

I wish they would take interest in all kinds of sports, especially those of which people can perform in their everyday life. Instead, they take much interest in competitive sports, mainly football, which involves a few players while the rest of the people are mere onlookers. Unfortunately, the society stars and prominent figures are not the scholars, intellectuals or callers to Islam. They are, instead, the so-called artists [i.e. actors, actresses and singers etc] and football players and the like. Media focuses much on these people, their adventures and news however trivial these things may be. Other people, on the other hand, live in the dark or even fall into utter oblivion. When an actor or a singer dies, we see a great uproar and a flow of writings in newspapers and magazines. On the other hand, when a great scholar or thinker dies, next to nothing is said and one hardly hears about the event.

In the financial field, huge sums of money are dedicated for sports, arts, media and the security of the ruler, which is allegedly called state security, and no one can object or call others to account and ask: Why is all this happening? In the meantime, education, health and religious and other basic services complain of a lack of funds, and face claims of budget deficiency and lack of resources when they ask for some financial support to develop and promote their performance. That is, there is extravagance in the former and stinginess in the latter, as `Abdullah ibn Al-Muqaffa` said, There can be no extravagance except that there is inevitably a wasting of rights.

Religious and practicing Muslims’ noncommittal to the jurisprudence of priorities

Violating the order of priorities nowadays is not confined to the common Muslims or the deviant of them. Rather, such violation takes place among those known to be practicing Muslims, and this happens because of the lack of rightly guided awareness and correct knowledge.

In fact, it is knowledge which shows whether a certain act is preferred or outweighed, best or not so good, valid or invalid, acceptable or unacceptable, in line with the Prophet’s Sunnah or contradictory with it. Thus, it gives every act its due rank and value in the perspective of Islamic Law. We find that those having no light of knowledge or jurisprudence confuse the barriers between acts and commandments so that things become mixed up. They may sometimes pass judgments not in harmony with Islamic Law leading to results, which are either negligent or extremist. In doing so, religion is abused between the rigidly committed and the negligent. Many of the former group (the rigidly committed), though faithful as they are, occupy themselves with the outweighed and less important opinions at the expense of the preponderant and most important ones. A single act may sometimes be extremely important and sometimes less important. However, due to the lack of knowledge and understanding, they cannot distinguish between the different cases and contexts.

I have come across good Muslims who would willing contribute to building a mosque, in a place full of mosques, that costs half a million or one million pounds or more. However, when you ask them to give an equal sum of money or even less for the propagation of Islam, resisting disbelief and atheism, supporting Islamic work , or any of such great aims, they lend you a deaf ear. They take interest in the establishment of buildings rather than individuals and generations.

In the same way, I see every year large numbers of wealthy Muslims keen on performing voluntary Hajj (Pilgrimage of the Sacred Mosque in Mecca). They very often add `Umrah (lesser Pilgrimage) to Hajj and spend out generously in this regard. Some poor people may also accompany them at their expense to perform Hajj with them, though Allah (Exalted be He) has not commanded these people to perform Hajj or `Umrah. If they were asked to spend such regular sums of money to oppose the occupation of Palestine, to resist the evangelical conquest in Indonesia and Bangladesh, to establish a center for the propagation of Islam and qualification of specialized Islamic teachers, or to establish a centre to compile and translate useful Islamic books, they turn away in arrogance.

It is clearly stated in the Ever-Glorious Qur’an that acts pertaining to Jihad are generally better than those related to Hajj. Allah (Exalted be He) says: "Do you consider the providing of drinking water to the pilgrims and the maintenance of Al-Masjid-al-Haram (at Makkah) as equal to the worth of those who believe in Allah and the Last Day, and strive hard and fight in the Cause of Allah? They are not equal before Allah. And Allah guides not those people who are the Zalimun (polytheists and wrong-doers); Those who believed (in the Oneness of Allah – Islamic Monotheism) and emigrated and strove hard and fought in Allah’s Cause with their wealth and their lives are far higher in degree with Allah. They are the successful; Their Lord gives them glad tidings of Mercy from Him, and His being pleased (with them), and of Gardens (Paradise) for them wherein are everlasting delights."22

Moreover, performing Hajj and `Umrah in the above mentioned way is just a voluntary and supererogatory act, but Jihad against disbelief, secularism, disintegration and immorality, and all their supporting powers, is now the obligatory duty of the time. About two years ago, my friend and well known Islamic writer Fahmi Huweidi wrote before the season of Hajj in his Tuesday article, addressing Muslims frankly, Saving Bosnia should be given priority over performing the obligation of Hajj. Many of the people who had read the article asked me how far this opinion is correct from the legal and jurisprudential point of view. I then answered, "The opinion of the writer has correct and considerable evidence from the jurisprudential point of view, for it is already established in the Islamic Law that obligations that have to be performed promptly are given priority over obligations that can be delayed. The obligation of Hajj can be delayed, for it has to be performed at any time after it is possible, not on the spot, according to some Imams (initiators of the schools of jurisprudence). On the other hand, saving Bosnia from hunger, cold and diseases on the one side, and from genocide on the other, is an obligation that has to performed promptly and is not liable to any delay. It is the duty of the day on the whole Muslim nation. It goes without saying that it is obligatory to establish the duty of Hajj and not to hinder the fulfillment of the Hajj season, but it can be fulfilled by the people of Mecca and Medina and the surroundings, who do not need to spend much to perform Hajj."

In spite of all that, I think that the aim Huweidi set out to call for can be achieved by some other means. In fact, most of those who overcrowd the season of Hajj every year have already performed this obligation before, and new pilgrims (who perform the obligation for the first time) represent no more than 15%. Thus, if the total number of pilgrims is two million, those who perform Hajj for the first time will be no more than three hundred thousand pilgrims.

I, therefore, wish those who perform supererogatory Hajj, and who represent the majority of pilgrims, as well as those who perform `Umrah voluntarily, would give up their Hajj and `Umrah and spend the money for the Cause of Allah. In other words, in saving their fellow Muslims who undergo material and moral destruction, and aggressive attacks that violate their rights and are intended to do away with them completely. The developed countries, unfortunately, are witnessing what is going on while in a state of standstill. For victory is assumed by the powerful, not the rightful.

I know some good practicing Muslims in Qatar, Egypt and other Gulf countries who are extremely keen on performing Hajj every year. Some of them have been following this habit for forty years. They are, in fact, a large group of relatives, friends and partners who may be as many as one hundred people. I had just arrived