What actually constitutes a valid legal opinion?

I was asked this question a few years back, and I responded sharing a summary of Sh. Hatim al-Awni's thought (taken from both his 'Ikhtilaf al-Muftin' and 'al-Muhkamat').

I share that response below:

In general, an invalid opinion is something that opposes 'conclusive' evidence. What exactly this entails is somewhat qualitative because the degree to which evidence is clear lies on a spectrum. Some things might even be more clear to some due to their expertise in a given field, and not so clear to others.

Based on the nature of this spectrum, there are actually three categories of validity (not two):
1) Opinions which are valid by agreement
2) Opinions which are invalid by agreement
3) Opinions the validity of which is differed over

This third category ought to be independent and distinct from the other two because it naturally carries weaker evidence than category 1 but stronger evidence than category 2.

Having said that, there still ought to be conditions that determine valid opinions, and these conditions seek to define 'conclusive evidence'.

The five conditions are as follows:
1) The opinion comes from a person of learning.
As with any field, a person cannot speak on something he is ignorant of.

2) The opinion should not oppose a conclusive (qat'i) consensus.
Consensus can be conclusive (qat'i) or probabilistic (dhanni). Conclusive consensus cannot be overriden - e.g. the obligation of five daily prayers.
Probabilistic consensus, on the other hand, can be differed over or proven wrong, but one must have an argument to oppose it.

3) The opinion must come from the pool of opinions of earlier scholars.
This is a type of consensus. There are exceptions to this, of course, like newly debated topics, and also discussion on what constitutes 'earlier' scholars as this differs depending on the legal case in question.

4) The opinion must not be based on a flawed principle.
If the principle is unsound then so is every legal case built on it. An example of a flawed principle is not considering Hadith a source of law, or not analysing revelatory texts through Arabic Grammar.

5) The opinion must not oppose evidence that carries a conclusive meaning (qat'i al-dalalah), even if it is only established through probability (dhanni al-thubut).
'Conclusive meaning' is for only one possible meaning to be extrapolated from the evidence.
The only way to reject the evidence is by declaring it weak; one cannot simply dismiss it on account of its probabilistic evidentiary status.

It is perhaps clear from these conditions that there is a lot of room for qualitative assessments, and that explains the third category of opinions mentioned earlier (the validity of which is differed over).

And God knows best.

Multiplicity of opinions within one legal school (madhhab) often comes as a surprise to those unfamiliar with law.

Remember this:

Legal schools are millennium-long traditions, and over this long period, it's only natural to see developments and different trajectories within a single school, and part of that can even be a result of interpreting that very tradition.

It's common to find jurists within a single school expressing different opinions on an issue. This isn't unusual, and we see this amongst regional traditions even today.

And this is why those who recognise this tend to be very particular in their wording when representing the legal school.

They might say "this particular jurist from this school adopts such-and-such,"
or "this is the popular view in the school,"
or "this is the view based on my reading".

Now, if this diversity is found within just one legal school, then what about the entire pool of opinions amongst all schools?

Embrace the rich tradition, and recognise that not everything is as conclusive as obligating the five prayers and the prohibition of wine. To assume everything carries that degree of conclusive evidence will just lead to cognitive dissonance, as your confidence will not match your strength of argument.

وتلك الأيام نداولها بين الناس
"Such are the days we alternate among people." (Q. 3:140)

Life is a constant cycle of ease and hardship, and each person is allotted their share in this never-ending rotation.

And in these instances, the belief in God is what pervades the entire body.

Belief in God is not a mere abstract statement. It's the lens by which you view the entire world. It's the lens by which you go through both states of joy and grief, and gratitude and perseverance.

Belief in God's decree is likewise not a mere abstract statement. It's the lens by which you acknowledge God is in control. It's the lens by which you have a good opinion of God Most High and that He has your back.

And it's these times of adversity and grief that really demonstrate our conviction, and when our trust in God is on full display.

Just like the Quran is described as a spirit (روح) that pervades the entire body and gives you life, your beliefs and perception of God are likewise a spirit that shape your entire worldview.

God is the Truth (al-Haqq); He is reality.

Your religious maturity is often indicated by the issues you give importance to.

If the only thing you speak about is how you move your finger in prayer, or when you raise your hands, or some other subsidiary of law, then you've failed to see the bigger picture of what guidance is truly about.

The way you situate laws and your list of priorities indicate how you view God's guidance from a bird's-eye view, and this goes beyond the mere legal assignment of 'prohibition', 'recommendation' or 'permissibility'.

Personally, I've always been more interested in the legal arguments behind this topic. The legality of musical instruments is actually a topic I was interested in from the start of my studies.

I would treat it more as a legal case study than a topic I was invested in (otherwise, I'm very critical of students who just select a subsidiary point of law and make that their talking point till the end of time... I describe these students as one-topic enthusiasts who simply regurgitate information with no actual grasp of any science).

In fact, in the early part of my studies, I gave a talk on musical instruments as a junior amongst fellow students (maybe a story for another day 😄)! Thankfully, I had an awesome teacher overlooking that talk who knew I wasn't a troublemaker, and I think he respected me for that.

For those interested in Sh. Abdullah al-Judai's conclusion on musical instruments, I've shared his paper on Entertainment and the Arts before (definitely worth a read):

https://t.me/FaisalTelegrams/176

In a nutshell: he argues (with scholarly precedent from as far back as the 2nd century) that musical sounds are not inherently prohibited, except for extrinsic reasons (e.g. lyrics that insult God or advocate that which displeases Him, or music in a setting encouraging promiscuity).

In the absence of any such extrinsic cause of prohibition, instruments themselves are like any other permitted form of entertainment (like videogames).

This is an insightful book on the legality of Singing and Musical Instruments, authored by the senior hadith scholar Sh. Abdullah al-Judai.

The book is 600-pages long and contains a detailed textual and legal assessment of the topic. The second half of the book (~300 pages) is a dedicated hadith study identifying what is actually authentic on the topic (since much of what is popularly quoted is either unreliable or outright fabricated according to hadith standards).

I'm aware of nothing in English that actually addresses this topic and its related texts adequately or in any significant detail.

For that reason, I do plan on delivering a presentation on this book as part of my Usul al-Fiqh program, and it's definitely something I'm looking forward to!

If you'd like to join the cohort: https://faisal.thinkific.com/courses/UsululFiqh

Learn to situate fatwas from colonial contexts in their appropriate time and place.

If a scholar today argued that raising up a rainbow flag is prohibited, he wouldn't need to expressly state his reasoning for you to understand his rationale, and that the flag is a symbol of an ideology that advocates that which corrupts society and is displeasing to God.

Now, if someone 200 years from now were to copy-and-paste this conclusion and disregard its context (and the fact that symbols and their representations change with time), you'd obviously say that he's misunderstood the ruling he's claiming to adopt. Copy-and-pasting here means absolutely nothing; he's simply failed to understand the context and rationale and is tunnel visioned on the conclusion.

And this is exactly what it looks like when people take strict verdicts on appearance and imitation (tashabbuh) regarding western culture from colonial contexts.

Why someone would copy-and-paste them and present them as timeless laws is really beyond me.

I've said this before: anyone whose understanding of God's guidance and expectations simply comes from what they learn from their community and upbringing is going to get things wrong. There's no doubt about it.

Now, a direct consequence of this is that anyone who does actually set out to study God's guidance and law properly and through critical reflection is going to learn things that directly oppose popular rhetoric, and teaching that is naturally going to create public tension and resistance. It's just how the cookie crumbles.

Those in scholarly positions, however, still have the responsibility before God to teach others God's guidance, law and expectations. And they must do that without concealing knowledge and guidance, something God criticises even previous rabbis for.

In reality and practice, however, this can place them in sticky situations when it comes to expressing personal opinions.

- For example, some are not temperamentally suited to face tension and resistance. They're people-pleasers and tend to avoid disagreement.

- Others might be financially or institutionally dependent on those who control what they say, so they've got them on the ropes.

- Some may even identify with a particular religious subgroup, and don't express their opinion to avoid losing that social identity.

Yes, these are sticky situations, and each is a test (fitnah) that requires constant introspection and the thought that one day we shall all stand before God.

And in this regard, I believe we'd do well to reflect on classical scholars:

If there's one thing you learn from the biographies of independent scholars in the past, it's their bravery and courage to be disliked in the pursuit of truth.

They shared their views with chest, and may God reward them for that. And like them, may God allow us to speak our mind (and to do so with wisdom), and may He keep us steadfast on what truly pleases Him.

Another opportunity to join the Usul al-Fiqh program!

In this program, we focus not just on theory (a common feature of Usul studies), but also tons of practical examples and legal case studies to really help understand and drive each concept home.

We also have a BONUS recorded session where I explore the ruling of the beard - serving as an important case study for textual interpretation and juristic processes!

If you're interested, check out the link here:
https://faisal.thinkific.com/courses/UsululFiqh

Have a lovely Eid, folks!

Here I discuss Eid, its purpose, and two related hadiths on entertainment during Eid and enjoying oneself! ❤️🙏

If there are two things you take with you from Ramadan, let it be:

1) The obligatory prayers
2) A regular reading of a Quran translation

- The obligatory prayers are the foundation of your life and prevent you from wrongdoing (Q. 29:45). They ensure you're in a constant state of remembering God and that you're truly committed to Him.

- Quran translations ensure that you're actively engaging with God's guidance. You're actually reading the book as it was truly intended (for its meaning and content!).

Both of these actions set the trajectory for any meaningful growth in your submission to God Most High.

If you weren't doing these two before and start now... I believe you've smashed it! God bless you.

Women Attending the Eid Prayer

In the UK, it is common practice to hold the Eid prayer in an open public space (like a park or field), allowing families - including women - to gather, celebrate and express their public subservience to Allah after a month of worship.

In this regard, we have the report of the female companion 'Umm Atiyyah who says that the Prophet (peace be upon him) actively encouraged different types of women - including the young and mature - to attend the Eid prayer (as found in authentic reports from both Bukhari and Muslim).

In fact, he even encouraged the menstruating women to attend the public Eid space (who would simply remain behind the congregation as they do not perform the Eid prayer).

Why? So that they too may glorify Allah (i.e. takbir) alongside the other believers' glorification (which also indicates this was likely practiced collectively in unison), and that they may also join in the believers' supplication, and witness the day's blessing as part of the communal subservience to Allah Most High.

In one report, 'Umm Atiyyah is curiously asked: Even the menstruating women? She responds: Does she not witness days like that of 'Arafah?

In other words, just because she does not perform the prayer while menstruating does not mean she cannot attend and partake in the communal gathering, in the same way a menstruating woman partakes in the communal gathering of 'Arafah during the days of her pilgrimage.

I pray Allah accepts our subservience to Him and our public display of His gratitude on the day of Eid. All praise belongs to Him! And may Allah bless each and every one of you! ♥️🙏

It's always nice to see existential questions not being shutdown.

In his book on existential questions (literally titled: 'Why?'), the Makkan contemporary Sh. Hatim al-Awni begins by saying that God does not forbid you from asking questions whatever they may be; just make sure you approach them with the correct attitude and from a position of humility and learning.

Laylatul Qadr in a nutshell

What is Laylatul Qadr?

Laylatul Qadr can be translated in two ways:

1) Night of Glory - as it is an extraordinary night of numerous virtues (in its reward, opportunity of forgiveness, descent of angels, peace, and its perpetual association with the start of Quranic revelation).

2) Night of Decree - as it is the night in which God's decree is appointed.

(The common translation Night of Power does not appear to be accurate.)

When is Laylatul Qadr?

There is nothing certain nor conclusive on its exact date. The common belief that it is on the 27th night of Ramadan is simply one of several possibilities.

In several reports, we are told to search for Laylatul Qadr in the last ten nights, and particularly the odd nights (21st, 23rd, 25th, 27th and 29th).

During the life of the Prophet (peace be upon him), Laylatul Qadr appears to have taken place on different dates, with reports indicating the 21st, 23rd and 27th night in different years.

Accordingly, by gathering and reconciling the hadiths on the topic, it seems (as some scholars argued) that Laylatul Qadr shifts dates each year, occurs in the last ten nights of Ramadan, and most likely falls on the odd nights.

I pray these nights lead to change beyond Ramadan. Much love, my people! 🙏❤️

Many discussions on Ijtihad and Taqlid have a warped understanding of the nature of learning and knowledge acquisition, as though people come out the womb with knowledge of all things.

Your perception of ijtihad and taqlid is directly connected to your perception of knowledge.

If you simply strip the terms 'ijtihad' and 'taqlid' (which people find very loaded) and just reflect on the nature of learning (like how humans gradually and incrementally acquire knowledge; how they reach subject specialism; the process by which people naturally gain confidence in conclusions; the human requirement of appealing to expertise; and that it is humanly impossible to have knowledge of all things), you'll have a more accurate conception of the topic and naturally arrive at conclusions that are free of any baggage.

"The five prayers, one Jumu'ah to the next, and one Ramadan to the next are all expiations for the things that occur between them, if one avoids grave transgressions." (Muslim)

I really like this hadith, because it informs us about the nature of God Most High.

This hadith highlights daily, weekly and yearly expiations for our shortcomings, through regular commitments to God Most High. The actions listed (daily prayers, weekly prayers, and yearly fasts) are all expressions of our subservience and connection with God.

If you connect with God regularly, and express your subservience and gratitude to Him, He'll overlook your shortcomings and minor slip-ups.

And you find the same theme in several verses in the Quran.

In one verse, God says:
"If you avoid the grave transgressions from which you are prohibited, We will expiate from you your shortcomings and admit you through an honourable entrance (of Paradise)." (4:31)

Someone might ask: what are the 'grave transgressions' (kaba'ir) we are told to avoid?

In reality, they aren't many. These are actions that carry grave consequence and harm to oneself and society. They aren't things you just stumble on, but indicate a deep violation of God's law and expectations.

If you avoid them and regularly express your subservience to God (through the daily prayers), then God will overlook your other shortcomings. After all, we're referring to a kind and merciful King (al-Rahman and al-Rahim) who is not actively looking to punish His servants.

While I believe some comments by Ibn Hazm here deserve pushback, I share this primarily for arguments 3, 4 and 5.

Ibn Hazm (d. 456) on understanding the famous statement of Aishah (may God be pleased with her):

"Had the Messenger of God (peace and blessings upon him) seen what the women do now, he would have prevented them from the mosques just as Israelite women were prevented."

Rulings that are tied to custom change with time and place.

In other words, you can't simply stick your head in a book and just copy-and-paste fatwas in the past as though you're arguing the same thing they are.

In fact, Imam Qarafi (d. 684) strongly criticises those who dismiss changes in custom when applying such laws, labelling endless copy-and-pasting fatwas as misguidance and ignorance.

A textbook example of this is the issue of women's attendance in the mosque.

The default ruling, as demonstrated in the time of the Prophet (peace be upon him) in both action and statement, is permissibility.

This is indicated in the report of the Prophet (peace be upon him) saying, "Do not prevent the women of God from God's places of worship." (Bukhari and Muslim)

When Abdullah ibn Umar relayed this statement to one of his sons, his son argued that he will prevent them, so Ibn Umar rebuked him strongly saying that he just quoted to him the words of the the Messenger (peace be upon him). (Muslim)

One of the wives of Umar ibn al-Khattab would attend the Fajr and Isha prayer. When asked why she attends despite knowing her husband does not like it, she said she knows why Umar does not stop her from going, and that is due to the statement of the Prophet (peace be upon him). (Bukhari)

Now if someone acknowledges that the default ruling in the time of revelation, as explicitly stated by the Prophet (peace be upon him), is permissibility of women attending the mosque, then the only question is whether there is any strong reason to depart from this default status - in a way that considers both short-term and long-term harms in preventing women attending mosques, and that is actually consistent with how women engage in society and occupy spaces in every other domain.

And any harm you do actually claim exists must not be the same harm that already existed in the time of the Prophet (peace be upon him), since that was present in the time of revelation yet was still not a reason for prohibition. Mere attraction between men and women always exists, and it existed in the time of revelation and was not a sufficient reason for prohibition.

If this assessment is not thought out, then one is simply altering the ruling set out by the Messenger of God (peace be upon him).

Furthermore, changing the default ruling of permissibility based on some preventative measure (Sadd al-Dhari'ah) is a ruling from necessity, as it is effectively altering something permitted by Allah and His Messenger (peace be upon him) - something which requires great caution (and its application is restricted based on the principles of necessity).

And you can't simply copy-and-paste some fatwa in the past. They're not speaking about your context. You're the one speaking about your context, and you're the one liable for your assessment.

As for the famous statement of Aishah (may God be pleased with her), not only is her statement not an explicit prohibition of women attending the mosque (rather than it is a rebuke of the actions of some women in attendance), but the other Companions also did not view it to be a reason to prevent women from attending the mosque. In other words, if some women happen to be doing something they should not be doing, then simply address that action rather than a blanket prohibition.

In any case, I'm sure today there are many mosques that provide access to women, and those that don't are simply losing their female audience who will attend those mosques and learn there. So once they realise they're shooting themselves in the foot, I'm sure they'll come around... eventually.

Imam Qarafi's strong criticism of copy-and-paste fatwas that do acknowledge change in custom (Furuq, 386-387)

The purpose of rewards you find in hadiths is not for you to become an accountant.

You're not meant to sit down calculating the reward you're receiving for each action. That's not the point.

If anything, any hadith that mentions reward should be read through the lens of God's grace, and that He loses absolutely nothing by gifting from His infinite treasures.

Have a good opinion of God.

God tells us, "Whoever comes with a good deed shall receive ten times the like of it." (An'am: 160)

Elsewhere, God says He multiples spending in His cause by seven hundred, and that "God multiples [even that] for whomever He wishes." (Baqarah: 261)

God is good, and "Your Lord is most gracious (al-Akram)" (96:3) as He tells us in the very first verses revealed to the Prophet Muhammad (peace be upon him).

So leave your reward with the Lord of reward. You can expect a gift of repayment far greater than you imagine. ❤️🙏

Last year, I delivered this presentation on the goals and objectives of Ramadan, and what the month is truly about.

I touched on several themes related to the month and the fast, and I hope you enjoy it! ❤️🙏

https://youtu.be/kvBjbGbt9Jo?si=he3j_aD31H-Qgweg
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'What is Ramadan Truly About?'

Timestamps:
00:00 - Introduction to Ramadan
06:00 - Ramadan as a Month of Purification
11:40 - Ramadan as a Month of the Quran
16:45 - Ramadan as a 30-Day Training Program
22:15 - What Does 'Fasting' Actually Mean?
30:30 - Rewards of Fasting
34:45 - The Purpose and Objectives of Fasting
53:55 - The Pre-Dawn Meal (Sahur)
55:35 - Breaking the Fast (Fitr) at Sunset

Last year, I delivered a Comprehensive Guide to Ramadan, with the goal of understanding each action we perform throughout the 30 days.

I dived into the Quran and Hadith, and made sure to cover everything related to the month (including Eid day!), identifying the purpose behind each action and addressing each Ramadan topic chronologically.

We covered a host of issues, including:

1) What Ramadan is truly about
2) The goals and objectives of fasting
3) Understanding all the Quranic verses related to Ramadan
4) The Night Prayer (Qiyam/Tarawih): its history and its purpose
5) What Laylatul Qadr is truly about
6) The purpose of Zakatul Fitr, and when and how it should be given
7) Eid al-Fitr and what we are actually celebrating
8) Encouraging families to attend the Eid prayer, and making Eid truly special for everyone

If you're interested, be sure to check out: faisal.thinkific.com/courses/Ramadan

It was certainly very enjoyable, and I wish I could do it again! ❤️

Nobody is actually born a scholar.

All humans start from ground zero, and we all work our way up in knowledge acquisition, over varying periods of time, capability and effort.

As Allah tells us:
"Allah brought you out from the wombs of your mothers without you knowing a thing, and He made for you hearing, sight and hearts (minds) so that you may give thanks." (16:78)

Knowledge is incremental, and there's a lot you can actually acquire in a day, let alone a week, let alone an entire month.

So before Ramadan, now is probably the time to pick up a Quran translation. Be curious, ask questions and search for answers.

As the Chinese proverb goes:
"The best time to plant a tree was 20 years ago. The second best time is now."

If your understanding of Islam merely comes from what you take of your surroundings and upbringing, you're most definitely getting things wrong.

There's no doubt about it.

A long time ago before I had even started my formal Islamic studies, I asked myself a simple question:

"How do I know my current understanding of Islam and Allah's expectations is actually true?"

And the reality was, I didn't know. My learning at the time was a mere composition of things I took here and there, not having identified the source for everything to verify it is true.

What I had known of Islam at the time may well have come from the Quran or a reliable source, but it could also have come from Uncle Jimmy who thinks Shaytan prays if you don't fold your prayer mat.

So what did I do?

I dismantled everything I knew and had no traceable source for, and I started over... from scratch.

I started with a clean slate, using first principles.

- I made my foundation the points all believers agree on: belief in Allah, His messengers, revelations, angels, and the final day we shall all be reckoned.

And this was a great decision, which is why I say:

The only things you should add to your understanding of Islam are things you actually have reason to believe.

- Let the template for your understanding be Allah's revelation, the Quran.

- Accompanied with this is your inquisitive mind.

Have questions and search for answers, as ultimately you're the one accountable for your own learning.

You should have no issue asking those you trust for reasons and explanations, because those with sufficient learning have no problem presenting a sound digestible and relatable argument.

Maintain a position of uncertainty about things until you have reason to believe they're true.

By doing this, you sift through all the misinformation you've previously learnt.

And this is exactly what I had done many years ago, and I can't recommend it enough.

The reality about students, graduates, and learning institutes

Whenever I tell students to take responsibility for their learning, some may assume I have no criticisms of their learning institutes... So let me address this and say something about institutes and students that everyone needs to hear.

As a student, the shortcomings of your institute are not in your control. You're not in a position of authority to enforce any change, and trying to do so just gives you a bad look.

Any concerns you do have should be acknowledged, and addressed after you graduate... at a time you do have some influence and don't appear like a rebel undermining the institute.

The reality, however, is that even with the shortcomings of an institute, students still have the ability to excel in their studies. And it only takes one student in your institute to demonstrate this.

If one student from your institute can excel, then you have no excuse as it demonstrates it is possible.

The problem is that most students are lazy.

In most Islamic institutes, the students that graduate and actually have a passion for what they study probably make up 10% (and I'm being generous with the figure).

And this really is no different to a university setting:

In a university class of, say, fifty students, there are some who pass with a 50% grade across all their assignments; others 60%; others 70% or even 80% or 90%.

Not all students in the same class are at the same level, even if they all "graduate" from the same institute.

Some have a passion for what they study, and others simply don't. Some are lazy, and others are hardworking.

Some won't even pick up a book again after they graduate.

Now you tell me. Does that sound like a student, let alone an aspiring scholar??

No, it clear doesn't. Most graduates of Islamic institutes are not aspiring scholars, and anyone in an active state of learning will tell you the same.

Does that mean they wasted their time in the institute? Absolutely not.

Nobody who spent time studying Islamic knowledge has wasted their time. They've rather spent their time well, gained clarity on issues, and are more knowledgeable than the state they started in. May Allah reward them.

But there's a difference between learning and aspiring to be a scholar. Merely graduating from an institute alone doesn't make you a scholar, especially if you have no passion for what you're studying and never continue to seek knowledge thereafter.

And a title you receive doesn't change that.

I say this all from a place of both love and transparency.

But I sincerely believe that if students just studied properly and recognised they're the only ones who can control their learning, they'll be smashing it and take their learning more seriously. ❤️🙏

As a student, if you have a choice between blaming your institute or yourself, blame yourself.

Exceptional students are exceptional irrespective of their environment and circumstance. They simply put in the graft and get the job done.

- They don't need to look to others for motivation.

- They don't need to be forced to pick up a book and read independently.

By blaming yourself for your learning, you assign all responsibility to yourself. Your learning is now in your hands.

And if you really view your learning that way, you'll strive to do your best regardless of the shortcomings of others or even your institute. You can't scapegoat anyone. It's all you, my man! 💪

One of the ways to properly conceptualise God is through His Divine names.

As we find in the report of Abu Hurayrah: the Prophet (peace be upon him) said: "God has ninety-nine names; one short of one hundred. Whoever encompasses them shall enter Paradise." (Bukhari and Muslim)

What is interesting here is that there exists no authentic report from the Prophet (peace be upon him) listing what those ninety-nine names of God are - (which also explains why classical scholars differ on some of them). *

In other words, the goal in the prophetic hadith is to search for the ninety-nine names. Look for the ninety nine in the Quran and in how the Prophet (peace be upon him) described God in various reports, and you will find them.

This search is part of 'encompassing' the names.

'Encompassing' is not simply memorising them, but to truly understand and internalise the meanings. It is to recognise them and link them back to God in every single event in the universe.

Someone who is able to do that... Well, you can expect him to be a man of God who he is deserving of his station in Paradise. This man has a God-centered outlook on life, and that is a goal to which we all aspire. 🙏

__
* The popular list of ninety-night names is actually taken from a report in which the names are inserted by one of the narrators (i.e. idraj), and not from the Prophet (peace be upon him). It is based on the narrator's assessment for which he is rewarded, though classical scholars differ on some of the names listed.

What is the actual point of identifying purposes in Divine Law?

There are at least eight benefits in identifying purposes behind legislation.

Here, I present a summary from the scholar Sh. Ayman Saleh:

(1) It encourages the believer to practice what they are instructed -

either as a direct result of actually understanding the legislative purpose, or identifying the benefit it will have on them in this life and the next.

Humans are naturally inclined to practice what they understand (even though this is not a condition for following God's instructions as He is in a position of authority and is the absolute King).

(2) It allows the believer to implement the instruction exactly as it is intended.

E.g. the Prophet (peace be upon him) prohibited two people from speaking privately in a group of three. The reason for prohibition is not only to prevent the third from feeling left out, but to also prevent the suspicion that they are speaking ill of him, and to observe general etiquette.

Accordingly, this prohibition can also be extended to two people speaking in a language the third does not understand, as this carries the same consequence.

(3) Identifying the purpose leads to greater reward.

This increased reward can come from both (i) the acquisition of knowledge, and also (ii) seeking the intended purpose when performing the action, rather than just the action itself.
___

While the three benefits above apply to all believers, the following five are more relevant to the jurist:

(4) Knowing when to extend or restrict a ruling to other cases.

E.g. wine is prohibited due to intoxication, and this prohibition is extended to all intoxicating substances as they all share the quality of intoxication. On the other hand, if wine turns to vinegar, the quality of intoxication no longer exists and therefore does not share the same ruling.

(5) Revoking the ruling when the legal cause ceases to exist.

E.g. sewage water is impure and filthy, but once it is recycled (and returns to its original state), it becomes pure as the qualities of impurity are removed.

(6) Determining the exact meaning of a text - as legal causes and purposes can influence textual interpretation.

E.g. 'illness' is a concession allowing one to not fast in Ramadan. The reason for this concession is the difficulty this imposes on the fast, and therefore the 'illness', while unqualified in the text, refers to that which actually affects the fast in some way.

(7) Understanding the priority and hierarchy of laws.

This can be a result of how consistent the legal cause is found in law, and whether the ruling is intended intrinsically or serves another purpose (which is relevant when assessing the lesser of two harms, and determining the greater of two benefits).

(8) Understanding and appreciating both the overarching and particular goals (maqasid) of law.

This is relevant to understanding the broad philosophy of law, and is also applicable to non-textual issues (and what is known as Maslahah Mursalah).
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While there is much more to say on each point (something I expanded on in my Usul course), I believe the above should suffice in highlighting the importance of legislative purposes (what jurists call 'ta'lil').

And of course, Allah knows best.

Does Divine Law actually serve purpose and wisdom?

If we take a step back, we see that this is indeed a very strange question.

To explain:

Any law (including human law) is expected to serve purpose and wisdom. Even humans are not expected to give instructions randomly.

Parents instruct kids to do things all the time, and there is an assumed underlying purpose and wisdom in that instruction.

Likewise protocols in universities, businesses, and even the highway code. There is an assumed purpose behind such instructions and legislations.

Now if this is assumed in human law, then how is it not assumed in Divine Law?

In Divine Law, not only is this assumption of purpose all the more expected, but it is also an extension of God being the Most Wise (al-Hakim), and that His wisdom is naturally reflected in His instructions and laws (just like it is reflected in His creation of the universe).

We see God Himself highlight His purpose behind both actions and legislations again and again in the Quran, in countless verses (something classical scholars also make note of).

When we read prophetic instructions, very often, the underlying purpose is quite clear (even when it is not stated explicitly).

Take these examples:
1) The Prophet (peace be upon him) prohibited a judge from ruling in a state of anger - this instruction is not random; rather, the purpose is to prevent the judge from clouded reasoning and error in his conclusion.
2) Encouraging washing hands before placing them in a utensil when awaking - this is due to the possibility of any filth or dirt reaching the hands while asleep, and the subsequent doubt as a result.
3) Encouraging eating before performing the prayer when hungry - this is clearly to prevent lack of concentration and mindfulness in the prayer.
4) Discouraging approaching the mosque after eating onion or garlic - this is clearly due to the unpleasant smell and inconvenience to others.
5) Prohibiting sending a marriage proposal over the proposal of someone else - this is clearly to prevent any possible dispute between the two parties.

These are not random legislations, and I am also sure that the wisdom and purpose behind these laws can be appreciated and identified even by the non-specialist.

And because this idea is so consistent throughout the Quran and Hadith, we also find several scholars appealing to consensus that Divine Law serves purpose and wisdom.

So does Divine Law serve purpose and function?

Absolutely! There is no doubt about it.

Using exclusive language doesn't make your argument any better.

I know a very intelligent chap who hasn't studied Fiqh formally, but whenever I explain concepts of law to him, he's very very clued on.

Very often, he's able to articulate concepts and even offer a sound and valid interpretation of a text before I've even explained it, and in ways better than many students who've actually studied law.

I most certainly know that if this man committed himself to law (or any field for that matter), he'd be a very very capable jurist. An absolute unit! (God bless him!)

However, I also know that because he hasn't studied Fiqh formally, I can quite easily complicate concepts to him by using technical jargon he doesn't understand.

It's not because he's stupid (he's clearly not), but simply because he hasn't studied the concepts formally to acquire the technical language.

So what's my point?

My point is that just because someone is using words you don't understand, it doesn't mean their argument is actually sound. Don't be duped.

It's actually very easy to coat a bad argument with fancy terms, and anyone who's studied any science knows this.

So if someone's throwing around words like "sarih/dhahir" or even a random Arabic word like "na'am", please know that that really doesn't mean anything.

These words have direct equivalents in English, and if the person knows that, they'd respect you enough to keep you in the conversation.

As I teach the topic of scholarly consensus (ijma') today, I can't help but remember the legendary quote of the classical Hanafi scholar Mughultay (d. 762):

وقد أجمع العلماء: أنّ الحبّ ليس بمستنكر في التنزيل ولا بمحظور في الشرع.

"Scholars unanimously agree that love is not reprehensible in revelation nor prohibited in law." 😄

The obvious question that arises here is: how exactly do you verify such a claim of consensus to know if it is indeed true? That's what I'm interested in!

But since Mughultay has shared this interesting claim on love, let me quote another statement from the famous Muhammad ibn Sirin (d. 110):
كانوا يعشقون من غير ريبة.

"They (i.e. the people from the first century) would fall in love without suspicion (i.e. unlawful activity)." (Abu Nu'aym's Hilyah al-Awliya')

Now while several classical scholars held that emotions beyond one's control are not inherently sinful (as God tells us He does not obligate anything on anyone beyond their capacity - Q. 2:286),

I'm sympathetic to those philosophers who consider love an illness, preoccupying the mind in a way only befitting a poet! So to those afflicted: get well soon! 😂