Wednesday, January 9, 2013

Manner of Performing Zikir after Solah (2)

Notes on "Lessons on Congregational Solah" for Wed, 9th Jan 2013 @ Salsabil after Isya'

pg.44-45


II.  The 2nd Opinion: It is permissible to say them aloud and in congregation.

They permitted it and even encouraged it. Among them:

A.  Among the scholars of Malikiyah Madzhab:

1.   Syeikh as-Syuyukh (Gharnatah) Abu Sa‘ied Farahun bin Lubb [21] :

He wrote an article to protest the action of Imam asy-Syatibiy and his peers[22]. The following is an excerpt of his article:

“Verily, the most important basis for the one who disallowed it (dzikir in congregation after obligatory prayers) is that the manner of doing du‘a regularly, as how it is known (and practised) now, if it is true, is not from the practice of the Salaf [1], yet, the fact that they did not practise it, doesn’t necessarily imply a legal ruling on what they neglected [2], instead, it is just to indicate that it is permissible to neglect it specifically for the sake of avoiding difficulties (or fear of causing a burden). But to say it as non-permissible (Haram) or detestable (Makruh), that is not allowed. Furthermore, it (dzikir and du‘a in a congregation) is permissible based on the general ruling of du‘a.[3]

2. Abul Hasan ‘Aliy an-Nabbahi [4]:

He wrote an article to refute what Imam asy-Syatibiy did. He stated, right after he had finished with the introduction:
“A clear confirmed basis is that firstly, there is no religious proof (statement) which prohibit doing du‘a after the prayers, as how it is commonly practised today, that is in congregation. Instead there is an encouragement to do it in that manner in general. (based on a general ruling i.e. du‘a is permissible regardless of the manner, alone or in congregration – translator)” [5]

At the end of it, he stated:
“And from the commonly known matters, which is needless to be clarified, is the continuous practice of the imams (leaders in prayers), all over the world, making du‘a after the Congregational Prayers in the main (Jami‘) Masjids and base on Istis-hab al-Asli[6], it becomes a justified practice for everyone who does it” [7]


Pg. 46

3. Al-Imam Ibn ‘Arafah [8]:

His reply to a question posed to him, specifically about this issue:
“It has been for a long time, the practice of those people who were the beacons of knowledge and religious practices, from among the imams (leaders in prayers), doing du‘a using the sayings of dzikir which are mentioned (in the Sunnah), after the Obligatory Prayers and I had never knew anyone who would reject it, except he is among the ignorants and not to be followed.” [9]

On another occasion, he stated:

“If his sits down, remaining seated (after congregational obligatory prayer) with the thought/intention that it is part of the sunnahs of Solat, or additional items to it (Solah), then that is not permissible and it is prohibited. But if he is saved from all these (wrong thoughts), then it goes back to the oroginal ruling of du‘a, a prescribed act of worship and its virtues in the Shari‘ah are known to all and yet I do not know if there is any text with regard to it from any specific Madzhab..” [10]

4. al-Qadi Abu Mahdi al-Ghabriniy [ 11]:

He said:
“The truth is, doing du‘a after prayers in the manner that is known (in congregation) if it is not believed to be a part of the sunnahs (sunnat-sunnat) of Solat, it’s additional items or compulsory items, the same goes for the dzikir, like the recitation of Asma’ al-Husna, the repeated salawat upon the Prophet as well as the du‘a for the Sahabah that Allah is pleased with them and other dzikir in one sychronised voice.”[12] 

B. From among the Syafi‘iyah Madzhab:

1. al-Imam as-Suyuti [13] :

He wrote in an article as a response to a question, specifically about this issue titled Natijat al-Fikri fi al-Jahr fie adz-Dzikri (The product of deep thoughts with regard to saying the Dzikir aloud) he said:

“Nothing is detestable/disliked in this matter. There are some hadeets indicating that dzikir is encouraged to be said aloud and there are other hadeets which encourage that it be done quietly. As a reconciliation, this is to be determined by the occasion/situation and personal’s preference. (He then quoted a total of 25 hadeets which seem to support dzikir aloud as permissible, then he continued) If you contemplate on what we have mentioned of these ahaadeets, you will notice the conclusion is that nothing is detestable/disliked in doing dzikir aloud, in fact, some of them (the ahaadeets) which indicate that it is encouraged, be it clearly mentioned (textually) or by mean of Dalil Iltizam[14], as we have clarified.” [15]

Among the evidences of both opinions.

A. Evidences of those who prohibited doing dzikir and du‘a’ in congregation after fardu prayers.

I. They said:

Truly, this has never been done by the Prophet, the Sahabah (Companions) and not even by those who followed the Companions the best. There is no narration fom them as well, that indicate they ever did so. In fact, what is in the Sunnah prooves the contrary, i.e. they did not pracitise it. Among the evidences are:

1. What has been narrated that the Prophet right after doing the Tasliem, to end the prayer, he did not sit except for a short while, just for him to say [16]:

اللهم أنت السلام و منك السلام تباركت يا ذا الجلال و الإكرام 


2. In as-Sahih, it has been narrated that the Prophet sat just for a short while at his place/spot of prayer, after doing the Tasliem (ending the prayer).[17]

II. Imam asy-Syatibi when addressing this issue and clarifying the arguments of those scholars said:

“Verily, the one to be followed is Saiyidil Mursalin, Muhammad, and thus, whatever mentioned (clearly narrated) from him with regard to the deeds after solah and it is either dzikir only which is not du‘a
eg: [اللهم لا مانع لما أعطيت ...  [18 and etc….
Or he would make du‘a but one which is personal specifically for himself, for example:
  اللهم اغفر لي ما قدمت و ما أخلرت , as a matter of fact, there is no evidence and not a single narration that can serve as a proof that he ever made du‘a for a congregation or in congregation. All through his blessed life, the Prophet continuously practised like that and then the same did the al-Khulafa’ ar-Rasyidien after him, likewise the Salafussolih, such that the scholars made verbal and textual statements that after doing the Tasliem, the imam should immediately leave and not sit at the spot where he led the prayer..[19] 

He explained further, after he elaborated it with various evidences in detail: 
“Hence, contemplate on the wording of these du‘as, all of them (each and everyone of them), all are specifically for himself personally, which did not include anyone else with him, therefore, this by right is (what the people should act upon today) the evidence against them for what they practise today.”[20]

As an additional explanation, such that we understand clearly that matters of ‘Ibadah (acts of worship) follow the principle: 

“Whatever is not in the Sunnah, is not allowed to be practised by the ummah”,

we elaborate with an example here:

In matters of ‘Ibadah, the original general ruling states that it is forbidden to introduce or innovate anything new to it.

The Prophet prohibited bid‘ah in matters of the religion (worship) such that he said: 
“whoever innovates or introduces a new teaching in this religion of ours, what has not been taught, it is rejected. And in another narration: “Whoever performs an act (of worship) which we have not taught, then it is rejected”.
__________________________________________

[1] Salaf: the time or generation of the Sahabah and Tabi‘ien as well Tabi‘ut Tabi‘ien (+/- 1 to 310H)

[2] He meant to say that: Salaf did not practise it, not necessarily due to it’s ruling as a non permissible act/practice.

[3] Al-Mi‘yar : 6/370.

[4] ‘Aliy bin ‘Abdillah bin Muhammad al-Hasan an-Nabbahi, Abul Hasan al-Qadi, a great poet and historian, fiqh scholar, who died in 792H. Among his works: al-Muraqqabah al-‘Ulya fi man yastahiq al-Qada’ wal Futya.

[5] Al-Mi‘yar: 1/286.

[6]This is a topic of the Discipline of Usul Fiqh (Fundamentals of Fiqh) and it is a source of ruling of the Rulings of Islam/Shari‘ah which is disputed by scholars (al-Adillah al-Mukhtalaf fieha). “Istis-hab al-Asli” simply means to justify issues or matters base on the original rulings. For example, if the original ruling of a matter is permissible, it is permissible until an evidence prooves otherwise, i.e. Prohibited. Wallahu a‘lam - briefly. However, this matter comes under ‘Ibadah (acts of worship) and this principle/source of ruling, is not applicable in matters of ‘Ibadah because matters ‘Ibadah must be specifically legislated with specific text indicating that it is legislated/prescribed in Shari‘ah. Whereas “Istis-hab al-Asli” is applicable to “what is beneficial and not harmful for mankind in worldly matters, not matters of ‘Ibadah. This argument of an-Nabbahi was refuted by asy-Syatibi with evidences from the Quran, Sunnah and explanation of the predecessor scholars.

[7] Al-Mi‘yar: 1/299

[8] Muhammad bin Muhammad bin ‘Arafah al-Malikiy, fiqh, usul fiqh and nahu scholar. He died in 873H. Among his works: Mukhtasar al-Fiqhiy, Mukhtasar fi ‘Ilmi al-Kalam wa fi al-Mantiq

[9] Al-Mi‘yar: 1/281

[10] Al-Mi‘yar: 1/383.

[11] ‘Isa bin Yahya bin Ahmad Abu Mahdi al-Ghabriniy, a fiqh scholar who was a Qadi, died 816H.

[12] Al-Mi‘yar: 1/281.

[13] ‘Abdur Rahman bin Abi Bakar bin Muhammad al-Khudairiy as-Suyuti, Jalaluddien, al-Imam al-Hafiz, the historian, poet, he wrote 600 writings and he died 911H. Among his writings: al-Itqan fie ‘Ulum al-Qur’an, al-Asybah wa an-Naza-ir, Tadribu ar-Rawi etc.

[14] Dalil Iltizam and Lazim; is a topic of Usul Fiqh, Bab (Chapter/sub-topic) Dala-il al-Kalam. Briefly, a matter doesn’t exist without a cause. They would say: “If the matter is like this, then by right it should be this” like a hypothesis. For eg “there can be no smoke when there is no fire and if there is smoke, then there should be fire.” Probably Imam as-Suyuti meant that since it has been practised for a long time and continuously, it should be permissible, walLahu a‘lam.

[15] al-Hawi li al-Fatawie oleh al-Imam as-Suyuti: 1/389-393.

[16] Sahih Muslim: 5/89, 90 dari ‘A-isyah, Sunan Ibn Majah: 1/298 (Sahih), Sunan at-Tirmidzi: 2/192 (sahih), Sunan Abi Dawud: 4/377 (sahih), Sunan an-Nasa-i: 3/68 (sahih), Sahih al-Jami‘ as-Saghier: 2/863.

[17] Sahih al-Bukhariy (Fath al-Bari): 2/334.

[18] Sahih al-Bukhariy, Sahih Muslim (Syarh an-Nawawi): 5/89-91, Sunan at-Tirmidzi: 2/194, Sunan an-Nasa-i: 3/71, Sunan Abi Dawud: 7/359 and Musnad Abi ‘Awanah: 2/243-244.

[19] al-I‘tisam by Imam asy-Syatibi: 1/349, Al-Mi‘yar: 11/113-114 – among them, the words of Imam Malik and asy-Syafi‘ie which we mentioned earlier and there are still many other scholars’ statements not mentioned.

[20] al-I‘tisam : 1/351.



[21] A Master Teacher of Imam asy-Syatibi, Farh bin Qasim bin Ahmad, who died 782H. Known as good, pious, intelligent and a religious leader, one who was referred to by the  Syura Council and Fatwa (Religious Verdicts and Rulings) due to his sound Fiqh knowledge, in liguistics and the knowledge of qira-at and honoured by the ‘ulama’ (scholars) and masses. This as mentionedby Ibn al-Khatieb.

[22] Imam asy-Syatibiy and his companions abondoned the saying of Du‘a’ and Dzikir in congregation after prayers until some of those who were unhappy with them referred to Syeikh as-Syuyukh Ibn Lubb. For that reason, Syeikh as-Syuyukh wrote his article. As a response to that, to defend the truth, asy-Syatibiy wrote his monumental masterpiece, al-I‘tisam.
 
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