A RETURN TO THE PEREMPTORY AND PRESUMPTIVE ISSUES (عود إلى المسائل القطعية و المسائل الظنية)
That peremptory judgments are the principles whose words denote only a meaning among the common people. People can deduce meaning from the words, a decree or inhibition, as the Almighty says: - (keep up the prayer and pay the alms) and (it is mandated upon you to fast)Al-Baqarat.
As for the presumptive judgments, they are the branches whose words can bear many meanings, and not all people agree on a single understanding of its words, such as the words of Almighty : ("Whoever witnessed the month among you, should fast it").
Some people perceived that this is directed to those that sighted the moon in every country.
And those that are yet to witness it should wait for the crescent to be witnessed by the masses of that country.
While some understood this particular verse as a direct speech to every Muslims in the world as: whenever a Muslim sighted the moon, then the whole Islamic nation had sighted it!!!.
It is detestable for each of them to invalidate others.
But the Salafi's extremists, do correspond presumptive with peremptory judgments, saying that they are always right and others are wrong. An example of this is: - (O you who believe, fear Allah and seek the means of nearness to Him) Surat Al-Maedah: 35.
The means of nearness can be done with deeds and personalities.
And some of them have interpreted the desirability of the means of deeds with the hadiths of the people of the cave who begged in favour of their deeds.
And others interpreted it by seeking the means with personalities, as evidenced by another verse: (Those whom they call upon, themselves seek the means of access to their Lord-- whoever of them is nearest-- and they hope for His mercy) Surat Al-Isra: 57.
And in that, evidence of the permissibility of pleading with people's personalities that are closer to Allah.
But the ultra-Salafis denied this, and they proved the former as a final rule.
And among the assumptions that the Salafis made as theories is the “meanings of innovation”.
The Salafi's extremists defined it as all what the Prophet did not do and did not give a command about it in the aspect of religion and life, due to some notable hadiths that were reported in denouncing innovations.
And others argue that the defamatory heresy has no basis in the Sharia, and in the principles, intentions and rules.
As for the one who has an origin in it, whether the Prophet did it, or ordered about it, or did not do it, and did not order about it, and no explicit text(Quran/hadith) forbids it, then the need or advantage of doing it, is good. Therefore if the Prophet left it undone, that doesn't require the prohibition, and that is what the jurists call the unfold interests, and It implies that it is a good or praiseworthy heresy.
The companions and the followers did such things as the collection of the Qur’an in a single book and multiplicity of Friday's sermons in a village and building of schools and hospitals for Muslims.
As for the Salafis, some of them had gone too extreme in fighting against every new thing for a long time, but they finally reverted to the opinion of others regarding the relation of those matters to the optional interests. This is a habit of the righteous scholars that do say; "going back for the truth, is preferable to the blind continuation in a pointless act."
And is not allowed for a common man to delve into the rules of Islam, but rather to imitate the scholars.
And not every jurist is allowed to strive in until he reaches the rank of ijtihad, and it is not permissible to give a rule in the absolute peremptory issues,
but it is permissible in the presumptive,
and it is not permissible to make the presumptive judgment like the peremptory judgment,
and the person who has attained the rank of ijtihad must know his class and his level before delving into it.
CLASSES OF THE IDEOLOGICAL RESEARCHERS
There is no need to mention the conditions of ijtihad here: they are known in the books of the Jurisprudence origins, and for Al-Suyuti and others, they have made a special writeup on it, but the important thing is to know the classes of the mujtahid so that we know who are the predecessors and who are the successors.
We say that the Scholars have divided the classes into sectors: -
The first sector: Is the class of the hardworking elites with recorded doctrines.
The second sector: is the class of the deligents in the doctrine, and they are the authors of their doctrine.
The third sector is the class of the deligents in matters where there is no narration from the author of the doctrine.
The fourth sector is the hardworking class in elaborating the incomprehensibleness in a particular doctrine.
The fifth sector is the class of those that are working in distinguishing the weak from the strong hadith like the juristic writers.
The sixth sector is the class of the commentators and collectors of the correct statements.
The seventh layer: the class of collectors of books written on the branches of jurisprudence only.
WRITTEN IN ARABIC BY: SHEIKH ADAM ABDULLAHI AL-ILORY.
TRANSLATED BY: S.A KOLAYO.