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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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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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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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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