I want to study Islam: Part I

By Samir Hussain

As we thankfully continue to hear more Muslims in our generation utter this phrase, it becomes necessary to discuss the topic of “studying Islam” in detail. Over the years, I have come to realize that most people like myself were clueless as to how to study Islam. Thanks to a plethora of unqualified individuals ascribing knowledge to themselves (some, unfortunately, held in high regard by many Muslims), this critical problem does not seem close to a resolution. We all understand why Islam needs to be studied; the benefits in both this life and the next are mentioned in enough sources, classical and modern, even online. But very few people today have actually done it properly and then been able to convey effectively why that method was the “proper” way to do it in the first place. Also, older recommendations from the books of usool-ul-fiqh (the science of deducing and inducing rulings and meanings from the texts) may be irrelevant for the vast majority whose goal is not to become a mufti (scholar of Islamic law) or a scholar.

Let’s look at the process one step at a time.

The most important question to discuss is: “What do you want to achieve through your study of Islam?”

I will use this to organize the rest of this series, as differing goals in studying Islam necessitate different methods of studying it. For the sake of brevity, let us suppose that there are 3 categories here:

1) You want to study to be an Informed Muslim and survive the day-to-day challenges of holding on to your faith in a scary world where extremism in all forms is abundant and the demands of a modern lifestyle constantly occupy your attention.

2) You want to be a Muslim Activist, someone who helps to clarify misconceptions about Islam, teach Muslims the basics of their religion and call people to the truth, and help with social issues within the community.

3) You want to be a Scholar, someone who is eventually able to do proper scholarly ijtihaad (original or independent interpretation of Islamic law) and give fatwa (a scholarly religious ruling or opinion on Islamic law) (at some level), raise new generations of scholars, and help the ummah (Muslim community) as a whole deal with novel issues.

I will deal with each separately in turn. As you have obviously noted, the first category consists of the vast majority of Muslims. The second are a small minority and vary in their capability, and the third are a rare few whose names are often obscure to most people and only known to a handful of senior students of knowledge pursuing higher studies. It is important to note that this categorization is specific to levels of knowledge and qualification to speak about the religion only. As for implementing Islam properly, having taqwa (consciousness of God) and being a righteous individual, this applies to all Muslims regardless of the level of knowledge, as both a housewife and a faqih (expert of Islamic law) are obliged to follow the same obligatory and supererogatory actions according to the Qur’an and sunnah (teaching and practices of the Prophet Muhammad ﷺ (peace be upon him).

When Can A Mufti Refuse to Answer a Question?

1. The Situation Being Asked About Does Not Exist.

Often times, the questioner (mustafti), will approach the scholar and ask him a question involving a scenario which has not yet happened. Sometimes the question may make assumptions which can result in changes to the situation that would affect the legal outcome in ways that are as of yet unforeseen. Other times, it can simply be a ridiculous question not worthy of the time and effort of the legal scholar due to its non-reality, or low likelihood of becoming a reality.

Examples of such questions are:

“If we find out that there are aliens on other planets, do we need to give them da’wah to Islam?”

“If there was water on Mars, but the color of the water was slightly tainted, but I didn’t know what it was, and if we had drinking water but had to conserve it, should I make tayyammum or use the Mars water after a water filter?”

And so on.

Though we find that the Hanafi ‘ulama who, in contrast to the Maliki scholars, did not shy away from answering theoretical questions in order to ensure that future situations could be dealt with in case they arose, this is still a valid reason why a Mufti could simply refuse to answer a question.

Theoretical questions can often arise from the inquisitive mind which seeks to understand the deen and provide solutions for people, but can also arise when a person has become so involved in academia and issues of knowledge, that the focus on action, practicality, and implementation of knowledge has taken a backseat.

As questioners, we should be wary not to burden a scholar with a question which has no bearing on practical reality, and might be a waste of time and energy. Furthermore, it is always a good check for ourselves to identify what kinds of questions we intend to ask our teachers. Are they questions that are simply “intellectual gymnastics”? Are they questions to which we already know the answers? Knowing the nature of our own questions will help us stay away from frivolous intellectual pursuits, and from asking unproductive questions to the scholars.

2. The Questioner Seeks to Follow His Desires or Cause Confusion (Amongst the People)

In situations in which the scholar feels that the questioner is “Fatwa Shopping,” or that he/she is asking questions in order to bring about debate or argumentation of sensitive issues within the community, the scholar can also refuse to answer or respond to a question.

What is “fatwa shopping”? Well, Islamic Law is primarily studied around the four established schools (Hanafi, Maliki, Shafi’i, and Hanbali). Students of knowledge who have studied under teachers who are experts in the process of extracting Law from the Texts can in certain circumstances, venture between the schools for particular acts based on their understanding of the fundamentals and methods of Islamic Law and the source texts.

The advice often given to the layman and novice students is to stick to a trustworthy source of knowledge when seeking advice or legal opinions. Often times however, due to the availability of various opinions, instead of aiming to seek the most reliable opinion, a person may try to ask every scholar available, waiting until he/she finds the most lenient scholar who might give the easiest possible answer.

The aim of the person is not to find the opinion that is the most reliable or the most in line with what the Prophet (ﷺ) might have responded. The aim becomes to play battleship with the issue, until he/she hears a yes. Although Islamic Law aims to bring about ease for people in general, as stated by Ibn al-Qayyim, the intention here is to seek permissibility, not to seek the truth. If the scholar recognizes such a situation or has reason to believe that such intention exists, he may decide to refuse to answer a question.

A second related reason is when a person may ask a question in a gathering aiming to bring about a controversial answer that in a particular gathering, which may lead to debate or argumentation. For example, knowing that there is a diverse crowd from different theological schools within Ahl as-Sunnah or from different orientations in a group, a person may ask specific pointed questions aiming to bring about debate, about `aqeedah, minutiae of fiqh which may confuse the audience, or other subjects.  Especially when the topic of the lecture, gathering, or class may be about something entirely unrelated, such a question may be put aside for personal discussion in order to prevent harm or inappropriate debate in a public forum.

3. It Will Lead to Greater Harm

If anwsering a question may lead to greater harm, the Mufti may refuse to answer the question or give a fatwa. Situations may exist that are related to politics (war, defense, political participation), family issues (divorce, abortion, rape), or financial matters, in which, if the Mufti were to answer with a public fatwa that is meant for the consumption of a large group of people or community, it may lead to conflict, family separation, or extreme financial hardship for the one affected.

This scenario is different from Reasons 1 and 2 in that Islamic Law inherently possesses a mechanism to try and bring about ease and a practical resolution of difficult political, family, and financial matters. However, it may be that a Mufti’s personal legal opinion may lean towards a stricter opinion that would bring about extreme hardship or even a person’s leaving Islam. In this case, he may refuse to answer the question and pass it on to another scholar who may be able to provide a solution to such a situation.

Part III (next time): What are the Requirements for the One Asking the Question?

We find ourselves in a time in which religious questions can be asked and answered at the speed of a cable modem and a fiber optic cable. A questioner finds himself in a jam – “Can I combine Dhuhr and `Asr prayers so I can take my MCAT?” – and zooms his inquiry halfway across the world to get an answer from a scholar he trusts.  The inquiry is answered and several more questions arise – dealing with academics, family matters, money, sexuality, even the intricacies of eating and clothing – that are asked and answered by those qualified (and sometimes those not qualified). These questions are asked by those who are striving to ensure that their lives are in accordance with the will of God, and that they do not trample upon His laws, or the rights of others as they go about their lives. The process of asking such questions (Istifta) to a scholar qualified to give rulings (Mufti) and receiving an answer (Fatwa), is a process that occurs thousands of times each day.

On one hand, this testifies to the breadth and depth of Islamic guidance – it provides either a ruling, an advice, a general guideline, or a protecting border for every affair of our lives. On the other hand, this phenomenon – the variety of religious questions and the speed by which they are asked and answered – tells us that we may occasionally need reminders about the etiquette of asking questions, and the way in which they should be answered. For this reason, it is necessary to explore some basic requirements that are needed on behalf of the questioner and the answerer, in the process of Istifta.

I. The Requirements Upon the Mufti

1. He knows the ruling with yaqeen (absolute certainty) or dhann (probability) through the tools of juristic reasoning.

2. He understands the question in full. In order to give the ruling, he must understand the question and the circumstances surrounding it completely.

This means that the inquirer asks the question in a clear and concise manner. He or she informs the Mufti of all the facts of the situation. This includes any details that are likely to be pertinent to the situation. This can include: age, occupation, specifics about the situation – anything that could affect the guidance that the mufti may give.

The responsibility here is upon both the mustafti (questioner) and the mufti (scholar). It is the mufti’s responsibility to understand the time, place, and context of his environment and that of the questioner. If he is unable to do this, he should pass the question on to someone else who is more aware of the circumstances than himself. These instructions remind me of a somewhat ridiculous incident:

A questioner inquired from a well-known and popular fatwa (Islamic ruling) website run by a mufti – who is considered highly qualified in some circles – that he was married and wanted to marry a woman as a second wife who might have a sexually-transmitted disease. He asked if it was required for him to get her tested as demanded by his first wife – due to the risk that all of them might get the disease. The mufti replied: “If there is no contact between the two women until she is healed, insha’Allah there is nothing to worry about regarding the transmission of sickness. You may marry her without any problems.”

That was the end of the fatwa. There was no further guidance given, nor any consideration of the weight of what was being asked. Furthermore, it demonstrated monumental ignorance of modern-day technology and the context of the situation. Such an answer not only is an affront to the wisdom and beauty of Islamic Law and the intricate legal mechanisms of the Shari’ah which brings benefit and prevents harm – but can also destroy people’s lives.

Thus, when the questioner is clear and open in his question, providing all the facts, and the mufti is knowledgeable not only of the juristic process and rulings but also of the time, place, and context of his situation – we can have a successful exchange and a positive outcome. Otherwise, there is a risk of a significant mistake being made that can lead to serious problems for all involved.

3. He is able to pay full attention and is not hungry, sleepy, agitated, angry, or in need to answer the call of nature. Moreover, he cannot be experiencing pain, extreme illness, or any need immediate medical attention to relieve extreme pain or discomfort.

For the questioner, part of this means not annoying the mufti by asking him questions at times or situations that may be inconvenient for him, his family, or his health. Many times when a shaykh or ‘alim comes to town and offers some time to spend with students or questioners at the masjid, the students will not let him rest until he is to the point of absolute exhaustion and the signs of fatigue show on his face. The student should not wait outside every door they enter in hopes of ambushing them with questions, nor excessively inflate their email inboxes; rather, he or she should ask what time is best for them and approach them at that time. This is not only bad for the process of asking questions but it also shows a lack of care and respect for the health and well-being of scholars. Students should be open and sincere with scholars and treat them with utmost respect (without exaltation) but should also make sure not to burden them with excessive questions.

Part II – When Can A Mufti Refuse to Give an Answer to A Fatwa?