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Radical Islamism and Jihad ( 30 Dec 2021, NewAgeIslam.Com)

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Debunking ISIS Concept That Their Fatwas and Commands Are Issued By a Recognised Legal Body – Part 3

By Ghulam Ghaus Siddiqi, New Age Islam

31 December 2021

The Legal Body of ISIS Whose Honesty and Trustworthiness Are Unreliable

Main Points

1.      Knowledge cannot be gained merely by means of obtaining certificates and claiming expertise.

2.      For achieving a sound understanding of Islamic teachings, It is essential to employ the proper methods and principles.

3.      Only those whose abilities are perfect, whose honesty, knowledge, wisdom are known, and who have attained marifah are to be learned from.

4.      ISIS only Know How To Engage In Activities That Are Strictly Forbidden In Islam.

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Representational Photo/ISIS)

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The third key fault in the concepts of current jihadist organisations, particularly ISIS, is what they refer to in response to mainstream Islamic academics and scholars as:

“Since it is typical for you to get knowledge exclusively from the people of knowledge, our fatwas, pronouncements, judgments, and commands are all issued by a recognised legal body. This body is made up of a group of religious science professionals and students who learned from eminent scholars at prestigious religious institutions, colleges and universities. You should be aware that some of them have outstanding qualifications and certificates in Islamic law. For these reasons, our fatwas and sayings cannot be disregarded just because they contradict your circumstances. (Summarized and translated from Arabic, Shubhatu Tanzeem ‘Al-Dawlah al-Islamiyyah Wa Ansaarihi Wa al-Rad Alaihaa, authored by Dr Imaduddin Khiti, second edition, Series of publications 27, Islamic Movement in Syria, p.27)

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Also Read:   Declare The ISIS As The Kharijites (Those Who Seceded From Islam) As This Article Demonstrates And Declares: Global SOS To The Ulama, Muftis, Intellectuals And Scholars Of Islam

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Response to ISIS

Only attending to the Mashaikh and experts in Islamic sciences, or only sitting in their discourses and receiving some knowledge from them, or the studies in the universities and institutions, all these things don’t turn a man to be the man of knowledge and Fatwa.

Knowledge cannot be gained merely by means of sitting before teachers, attending a number of classes, reading a number of books, spending some years in schools or college hostels, or obtaining certificates, but by employing the proper methods and rationally-accepted principles essential for achieving sound understanding, retention of intellectual insights and enlightened qualifications.

A person in this connection does not deserve to be ranked among the people of knowledge and expertise unless his intellectual capability receives approval from the respected Ulama, gaining popularity for respect, honesty, soundness and knowledge, and unless he reaches the point where it becomes impossible for him to deviate from the path of righteousness.

Similarly, just because an Islamic scholar has trained a student in some areas does not mean the student has been purified in all areas or for all time. It also doesn't imply that anything the student is saying is correct. Otherwise, this would have been a matter of infallibility ['Ismah] for him, whereas angels and prophets [peace be upon them] are the only ones who can be infallible.

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Also Read:  Investigating and Refuting the Black Flag and Khorasan Narrative Propagated by IS and Al-Qaeda Jihadists

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Having been trained and purified by the Islamic scholars and Mashaikh, the student of Islam is qualified to join the ranks of the accepted scholars of Islam. Then his words and actions are examined, and if they are in complete agreement with the truth [Haq], they will be accepted from him; otherwise, his assertion, whatever it may be, will be rejected, especially if he departs from the correct interpretation of Islamic commands.

Being an Aalim or an Islamic scholar does not entail that his anti-Islamic statements must be adopted. Anyone who violates the purpose of Islamic Sharia will be dismissed. Anyone familiar with the extremist groups’ legal process, fatwas, and verdicts realises that any Mujtahid or Islamic scholar who follows the Ahlus Sunnah methodology cannot justify the conduct of ISIS.

ISIS's claim is also refutable because its legal body and members who have studied under the patronage of Islamic scholars and Mashaikh or at educational institutions have essentially opposed both the Mashaikh [experts in Islamic sciences] from whom they learnt and the educational institutions from which they have graduated. They couldn't agree on Mashaikh's methodology or fatwas. They slandered them and switched their method to one that was not approved by the Mashaikh. As a result, they have no justification in this matter.

Imam Shatibi, a well-known classical Islamic scholar writes in his masterful work ‘Al-Muwafaqat’:

“The scholar [Aalim] who is well versed (Mutahaqqiq) in knowledge has certain traits and signs that conform to what has preceded even though he may contradict them in his investigation. These are three:

“First: Acting upon the knowledge he has acquired so that his words and deeds become compatible. If these are not compatible, he is not qualified for being a teacher from whom knowledge can be acquired, nor can he be followed with respect to his knowledge.

“Second: He should be a scholar who has been trained (taught) by shaykhs in the relevant discipline. He should have acquired knowledge from them and should have enjoyed their companionship. Such a person is more qualified to be attributed to the merits that the teachers possess. This was also the case with the worthy ancestors. The first case of such companionship was that of the Companions (God bless them all) of the Prophet (peace be upon him) and their learning from his sayings and acts with their full reliance on what came from him whatever the consequences and in whatever form it was communicated.

“They grasped the essence of what he intended or did not intend, so much so that they came to know, and were convinced, that it was the undeniable truth, wisdom whose laws could not be broken, and no deficiency could surround the perfection of its boundary. All this came out of an abundance of companionship and the intensity of their persistence. Ponder over the case of Umar ibn al-Khattab during the truce at al-Hudaybiyya when he said, “O Messenger of Allah, are we not on the right, and these people on falsehood?” He (peace be upon him) replied, “Of course.” He said, “Is it not true that our slain goes to heaven, while their slain goes to hell?” He replied, “Of course.” He said, “Then why should we bear this disgrace for our deen (religion) and return when Allah has not issued a decree between them and us?” The Prophet (peace be upon him) said, “O Ibn al-Khattab, I am a Messenger of Allah, and Allah will not neglect me ever.” Umar went away, yet he was not patient, and in a state of anger, he came up to Abu Bakr and said something similar to him. Abu Bakr (R) replied, “He is the Messenger of Allah, and Allah will never neglect him, ever.” The narrator says that it was then that revelation descended upon the Messenger of Allah (PBUH) conveying a message of victory. He sent for Umar and recited it to him. Umar said, “O Messenger of Allah, was it then victory?” The Prophet (PBUH) said, “Of course.” Umar was pleased and he retracted from his earlier stance.

“This is the benefit of companionship, submission to scholars, and exhibiting patience with them on occasions of ambiguity till such time that the proof comes to light. In such a case, Sahl ibn Hunayf said during the Battle of Siffin, “O people, take your views with suspicion. By Allah, I had an opinion on the Day of Abu Jandal and if I had been able, I would have defied the order of the Messenger of Allah (PBUH).” He said this as they were facing some confusion, but then Surah Fatiha was revealed after they became depressed due to the intensity of the confusion, and ambiguity of the order. Yet, they submitted and gave up their views till such time that the Quran was revealed. Their confusion and perplexity were removed.

“Such incidents became a fundamental principle for those who came after them. The Followers of the Companions adopted the same attitude towards the Companions as they had adopted towards the Prophet (PBUH), and by virtue of that, they became learned (Faqihs) attaining the peak of perfection in the disciplines of the Sharia. It is sufficient for the validity of this principle that you will not find a scholar whose teachings have become known among people without his having a model teacher who had become known in his own time. Whenever a deviant sect is found and whenever someone opposes the Sunnah, he will be found lacking this attribute. It is for this reason that Ibn Hazm al-Zahiri was looked down upon because he did not consider obedience to teachers and following their instructions as necessary. Exactly opposite to this was the approach of the scholars grounded in knowledge, like the four jurist imams and those similar to them.

“Third: Emulation of those from whom he has acquired knowledge and adoption of their method. This is just like the Companions following the Prophet (PBUH) and the Followers of the Companions following the Companions. It was the same in each generation. Malik stands out among those similar to him, I mean in exhibiting this attribute with great intensity, for otherwise, this attribute was present in all others, but Malik became famous for acquiring this attribute to the extent of exaggeration. When this attribute is dropped, it gives rise to many types of innovation. The reason is that the giving up of emulation is evidence of something new that the person guilty of it has come up with, and the basis for this is the pursuit of whims.” (Imam Shatibi, Al-Muwafaqaat, vol.1, p.46-47, Garnet Publishing) End of Quote

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Also Read: Refutation of ISIS That Justifies Terrorism in 21st Century: Did the ‘Sword Verse’ 9:5 Really Abrogate Verses of Peace and Forbearance? Part -5

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Therefore, the only thing in which an Islamic scholar can be trusted is that he has obtained the correct knowledge, practised discipline and piety [taqwa], and followed the learned way. It makes no difference what position he occupies, how many followers he has, how many books he has written, or how many degrees he holds.

Another claim made by ISIS is that its scholars, leaders, and judges have received education and training from the competent Mashaikh. This is most certainly inaccurate. On the contrary, it has been proved that the bulk of them did not receive their education from any of the well-known Islamic sheikhs.

It is established that not everyone who claims expertise of Islamic knowledge would be accepted, but only those whose assertions are backed up by experts and authorities of Islamic sciences and are capable of issuing fatwas.

Imam Nawawi (may Allah have mercy on him) said: Only those whose abilities are perfect, whose honesty is evident, whose knowledge and wisdom are known, and who have attained Marifah [God Almighty's gnosis] are to be learned from. “This is the knowledge of Deen [religion], thus you should know fully about the individuals from whom you are obtaining your Deen,” the Salaf said, as quoted by Imam Muhammad ibn Sirin and Malik ibn Anas, among others.

Abu Azzinad says, “I came across various Islamic scholars in Madina. They were all Ma'amoon, which meant they were not known for lying. Despite this, no Hadith was taken from them, and it was declared that they were not the ones who could be trusted with Hadith” because they did not have the chain of narration [Isnad]. [Reported by Muslim in Muqaddima of his Sahih, the Chapter “Isnad is a part of Islamic Religion”, 1/15]

This statement demonstrates how much caution was exercised when reporting the hadith, as it was not taken even from Islamic scholars whose honesty and trustworthiness was well-known. If this is the case, how can anyone believe anything spoken by the members or the so-called legal body of ISIS whose dishonesty is widely known?

When the fitna began, Ibn Sirin reports that the chain of narration of any hadith was thoroughly investigated and that the hadith was only accepted when it was established that it was given by reliable adherents from among Ahlus Sunnah, rather than when it was known that it was narrated by unreliable people.

Imam Malik b. Anas used to declare that knowledge should be gained from those who have inherited it from their predecessors and that nothing should be taken at face value. [Khatib Baghdadi, Al-Kifaya Fi Ulum al-Riwayah, p.159)

So far the discussion has shown that the so-called legal experts of ISIS have been drawn from a group of people whose expertise, honesty, and reliability are unknown and unreliable. None of the authorities and experts of Islamic knowledge has yet presented any testimony in support of their claims. As a result, these ISIS members lack the capacity and authority to give fatwa or pass judgement on any Islamic issue. They only know how to shed blood, seize property, commit takfir against Muslims, and falsely rationalise their slaughter. To put it another way, they only know how to engage in activities that are strictly forbidden in Islam.

First Part of the Article:  Refuting ISIS Concept of Caliph and Caliphate [Khalifa and Khilafah] – Part 1

Second Part of the Article: Debunking Jihad of ISIS and Its False Theory That ‘Non-Jihadists Can’t Issue Fatwas on Jihad and Mujahid’ - Part 2

URL:   https://www.newageislam.com/radical-islamism-jihad/debunking-isis-concept-fat-legal-body/d/126072


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