20. IJMAA‘ AND QIYAAS
IJMAA‘
Ijmaa‘ is the joint agreement of the Sahaabah on a point of Islamic law not found in either the Quran or the Sunnah, but based on one of them (not disagreeing with what is in them). When certain problems arose after the death of the Prophet, the Sahabah used to gather together to try and solve them. They would go over the Qur’aan to see if Allaah had something specific to say on the subject, and if they found nothing, the Khaleefah (Muslim leader) would ask if anyone had
heard the Prophet say anything concerning it. If they still did not find the answer, the Khaleefah would then give his opinion based on the Qur’aan and or Sunnah and so would others, if they thought that their ideas were better. The various opinions would then be discussed until they agreed on the best one and then they would make it into a law for all the Muslims.
In this way the laws of Islaam could be molded to fit all times and all circumstances. The new laws which were made by Ijmaa‘ were not basic laws, as all the basic laws had already been set down by Allah in the Quran and by the Prophet In his Sunnah. These laws were secondary laws which could vary according to various situations.
THE DIFFERENCE BETWEEN IJMAA‘ AND SECULAR DEMOCRACY
Although Ijmaa‘ looks similar to the democratic process, whereby opinions are expressed and the opinion favored by the majority becomes law, there is a fundamental difference. In the case of Western Secular Democracy, its roots in revelation are cut off. Secularism requires that religion should not have any role to play in the legal system. Humanism replaces religion. Whatever humans find most appropriate, logical, reasonable, etc., becomes good and whatever is not is bad. Since human opinions are strongly influenced by the environment, the resultant laws are often unjust. Furthermore, the laws decided upon can be primary laws and they can supplant existing primary laws. On the other hand, Ijmaa‘ laws are religiously based and they are not primary laws but secondary laws. Also, they cannot replace already established primary laws.
EXAMPLES OF LAWS DERIVED BY IJMAA‘
1. Collection of the Qur’aan
The Quran was revealed to the Prophet in sections over a period of 23 years. Whenever a verse was revealed the Prophet had some of his companions write it down on whatever was available, and many memorized it when the Prophet recited it in Salaah. The Prophet did not have the written sections of the Quran gathered together in one book during his lifetime. After the Prophet’s death, the various sections of the Quran, which were written down on tree barks, animal skins and bones, remained in the possession of the Sahaabah. Most of them had also memorized large portions of the Quran during the Prophet’s lifetime, but there were only a few who had memorized the whole Quran.
During the reign of the first Caliph Abu Bakr, the Sahaabah decided by Ijmaa‘ that they should gather all the pieces of the Quran together into one complete book. The job was given to Zayd ibn Thaabit since he was one of the Prophet’s scribes and he had memorized all of it and had recited it back to the Prophet a number of times. Zayd gathered all that had been written and compared it with what he and others had memorized, then wrote it down in one book, which he turned over to the Caliph.
2. The Adhaans of Jummu‘ah
During the time of the Prophet there was only one Adhaan for the Salaah of Jumu‘ah (Friday congregational prayer) and it was made when the Prophet entered the Masjid (Mosque) and said, “Salaam ‘alaykum.” During the reign of the first and second Caliphs the Adhaan remained as it was, but during the reign of the third Caliph, ‘Uthmaan ibn ‘Affaan, another Adhaan was added. The city of Madeenah had become large and so had its market place, so much so that the Adhaan of Jumu‘ah was drowned out by the noise of the traders and their customers. Realizing this, Caliph ‘Uthmaan suggested to the other Sahaabah that another Adhaan be called before the main Adhaan, and that it be done in the middle of the market. They all agreed to the Ijmaa’, and thus another Adhaan was added.
QIYAAS
Qiyaas is the deduction of Islaamic Laws not found in the Quran, the Sunnah or Ijmaa‘, but based on laws found in one of them. If a problem arises which none of the first three sources addressed directly, we then try to find a law in any one of them which has a similar cause, and classify the problem in a similar manner. Qiyaas based on resemblance (qiyaas ash-shabah) is not acceptable as the similarity may have no relationship to the ruling attached to it. For example, it may be argued that wine is similar to grape juice: both are made from grapes, they have a similar color and taste. However, the ruling on wine is not due to these factors but its intoxicating effect. Qiyaas is the basis by which suggestions for Ijmaa were made.
EXAMPLES OF LAWS DERIVED BY QIYAAS
1. Drugs
For example, drugs like marijuana and cocaine (crack) were not around in the Prophet’s time nor in the time of the Sahaabah, so nothing direct was said concerning them However, the Prophet had said: “Every intoxicant is Khamr, so every intoxicant is Haraam.” When we observe those who smoke or inject marijuana, cocaine and similar drugs, we notice that they lose some if not all of their senses, they become high (intoxicated). Therefore, we can conclude that marijuana and coke are forms of Khamr, and therefore they are Haraam. As for those who say that they only take a little bit and it does not make them intoxicated, the Prophet also said, “Whatever intoxicates in large amounts is Haraam in small amounts.”It should be noted that minute amounts of in medicines or other foods or drinks do not make them haraam. If large amounts of these medicines or foods and drinks are consumed and they do not intoxicate, they are halaal for use. Prophet Muhammad permitted the consumption of nabeeth (fermented drinks) as long as they did not become intoxicating. That is, they were permissible until the alcohol content became high enough to intoxicate. However, it is not permissible for Muslims to make medicines and put alcohol in them because it would require that they either produce or purchase alcohol, both of which are not permissible. Vinegar is prepared by fermenting substances which become alcohol and eventually transform into vinegar. Minute quantities of alcohol will always remain in the process. These minute quantities are of no consequence as they do not render the vinegar intoxicating.
2. Smoking
When cigarettes and tobacco first reached the Ottoman Muslim empire in the 17th century most scholars ruled by Qiyaas that it was Makrooh (disliked), because the only known ill effects at that time was “smoker’s breath”, which was offensive. This ruling was based on an authentic Hadeeth in which the Prophet had said, “Whoever eats any of this offensive plant (garlic) should not come to the mosque.” The people said, “It has been forbidden! It has been forbidden!”When this reached the Prophet, he said, “O people, I can not forbid what Allah has made lawful, but it is a plant whose odour I dislike.” On another occasion he included onions and leek as also offensive. However, in our times the medical profession has now stated that smoking causes cancer along with a number of other illnesses. Since, in most cases cancer causes death, it can now be said that smoking kills. So, a number of scholars now rule by Qiyaas that smoking is Haraam, because one who does so is, in fact, committing suicide and Allaah has said:
“And do not kill yourselves, for Allah is indeed merciful to you.”7
“…and do not throw yourselves into destruction with your own hands.”8
The Prophet also said: “Whoever kills himself with a knife will be in Hell forever stabbing himself in his stomach. Whoever drinks poison and kills himself will drink it eternally in the Hell fire. And whoever kills himself by falling off a mountain will forever fall in the fire of Hell.”
According to Islamic law, it makes no difference whether someone kills himself by taking small amounts of poison over a long period of time or a large enough amount all at once. It is Haraam to take any substance which is known to be harmful.
Significance
By using the principle of Qiyaas the basic laws of Islaam can be applied at any time and in any place. New rulings can be made for any new circumstances, based on their similarities with the basic laws of the Quran and the Sunnah. In this way, the divine laws revealed in the Quran and Sunnah remain unchanged without becoming outdated. It can not be successfully argued that Islamic law can not be applied in the 20th century because it is 1,400 years old. The fundamental laws of Islaam were made by God who created man and knows what is best for him under all circumstances. There are certain basic characteristics of man which do not change with time or location. It is these areas which the basic laws of Islaam address. As for the changing aspects of human life, the Quran and Sunnah provide basic principles which may be applied by Qiyaas whenever the need arises. Thus, Islamic law is suitable for mankind in all eras wherever he may be, whether on earth or on the planets or on a distant star.
By Bilal Philips
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