Law

A young man who had stolen was brought to ʿUmar (for punishment). He said, “By Allāh I have never stolen before this time.” So ʿUmar responded, “You lie, Allāh would not (or does not) surrender a servant of His on the first sin.”

Abū Dāwūd, Al-Zuhd article 56, and others. Graded ṣaḥīh by Ibn Kathīr and others.

A man from his people, from the Anṣār, went out one night to pray ʿIshāʾ with his people [during the Caliphate of ʿUmar], but some jinn abducted him, and he went missing. His wife went to ʿUmar and told him [of her missing husband]. ʿUmar asked his people about him, and they confirmed that he had gone out to pray ʿIshāʾ but had gone missing. [ʿUmar] told the woman to wait for four years. When four years had passed, the woman went back to ʿUmar and informed him [of her case]. He asked her people and they confirmed the case. He told her she could now marry, and she did. But her [first] husband returned and raised a dispute [over the marriage] to ʿUmar b. Al-Khaṭṭāb – Allāh be pleased with him. ʿUmar said, “One of you disappears for ages, his family does not know whether he is alive or not [and then he turns up, making claims]!” The man replied, “O Leader of the Believers, I have an excuse.” He asked, “And what is your excuse?” The man replied, “I went out to pray ʿIshāʾ one night, but some jinn captured me, and I [was held captive] by them for a long time. Then, some Muʾmin – or Muslim (one of the reporters, Saʿīd, was not sure of the exact word used) jinn waged an attack on them, fought them and beat them, and took captives. They took me amongst the captives, but said, ‘We see that you are a Muslim man, and it is not allowed for us to keep you captive.’ So they gave me the choice of staying with them or returning to my family. I chose to return to my family. They set off with me. By night, no one would say anything to me; but by day there would be a stick I would follow.” ʿUmar – Allāh be pleased with him – asked the man, “What was your food when you were amongst them?” He replied, “Difficult [stolen?] food, and what had not had the name of Allāh mentioned over it.” ʿUmar asked, “And what did you drink when you were amongst them?” He replied, “Al-jadaf (a type of drink that does not ferment).” ʿUmar ruled that the man had a choice to either get back the ṣadāq (dowry) he had given [and have his marriage stay nullified], or take back his wife.

Al-Bayhaqi, Al-Sunan Al-Kubrā 7:445,446. Al-Albānī graded its chain of transmission ṣaḥīḥ in Irwā Al-Ghalīl 4:151

No man should appoint himself to issue verdicts (fatwa) until and unless he fulfills five characteristics: First, he should have a [firm and good] intention; for if he does not, he will have no light upon him, and nor will his words. Second, he should be forbearing, tranquil and serene. Third, he should be strong upon what he is involved in, strong in its knowledge. Fourth, he should have sufficient means (wealth), otherwise the people will chew him up. Fifth, he should know people and their ways.

Ibn Battah, Ibtāl Al-Hiyal p24.

Al-Dhahabī, Siyar A’lām Al-Nubalā` 4:66.

By Allāh, he who gives people verdicts (fatwā) for every question they ask him is crazy (majnūn). Ibn Battah Al-‘Ukbarī, Ibṭāl Al-Ḥiyal article 81, et al. Imām Ibn Battah (d. 304H) laments: So here is Ibn Masʿūd, swearing by Allāh that a person who gives people verdicts for every question they ask him is mad. And [now] if a person swore, he would not be breaking his oath, and if a person said, he would be speaking the truth: that most of the muftis of our time are mad. For you will hardly find a man who is asked about an issue pausing to consider carefully before answering, nor fearing Allāh and bringing to mind that Allāh is watching him, and fearing that He will say to him: What is the basis of your answer? Rather, most of them worry that it will be said: so-and-so was asked a question and he had no answer…

So here is Ibn Masʿūd, swearing by Allāh that a person who gives people verdicts for every question they ask him is mad. And [now] if a person swore, he would not be breaking his oath, and if a person said, he would be speaking the truth: that most of the muftis of our time are mad. For you will hardly find a man who is asked about an issue pausing to consider carefully before answering, nor fearing Allāh and bringing to mind that Allāh is watching him, and fearing that He will say to him: What is the basis of your answer? Rather, most of them worry that it will be said: so-and-so was asked a question and he had no answer…

Issuing fatwā is not allowed except for a person who knows what the people have differed in. It was said, ‘Do you mean the different views of the people of opinions (those who depend more on analogy and speculation)? He replied, “No, [I mean] the different views of the Companions of Muḥammad – Allāh’s praise and peace be upon him. And he must also know the textual evidence that abrogates [other rulings] and that which is abrogated [by other texts], both in the Quran and the ḥadīth of Allah’s Messenger – Allāh’s praise and peace be upon him. Such a person can issue fatāwā. Ibn ‘Abd Al-Barr, Jāmi’ Bayān Al-‘Ilm wa Faḍlihī article 1529. It is reported that ‘Abdullāh b. Al-Mubārak – Allāh have mercy on him – was asked, “When can a person issue an edict (fatwā)?” He replied, “When he is knowledgeable about the narrations (hadith and traditions of the Salaf), and has insight into [juristic] opinion. Ibid. article 1532.

Ibid. article 1532.

Al-Lālakā`ī, Sharḥ Usūl I’tiqād Ahl Al-Sunnah wa Al-Jamā’ah Vol.1 p120. It is reported that ‘Uthmān b. Ḥāḍir said, “I said to Ibn ‘Abbās: ‘advise me.’ He replied, ‘It is upon you to be upright, follow al-athar, and beware of innovating [in religion].’” Ibn Battah, Al-Ibānah Al-Kubrā Vol. 1 p214. It is reported that ʿAbdullāh b. Al-Mubārak said, “Let it only be the narrations (al-athar) that you rely upon, and take from reasoning and opinion that amount that will help you to understand and explain ḥadīth.” Ibn ʿAbd Al-Barr, Jāmi’ Bayān Al-‘Ilm wa Faḍlihi Vol. 3 p329. It is reported that Sufyān Al-Thawrī said, “The narrations (al-āthār) are the religion.” And it is reported that he also said, “A man should not even scratch his head except based on a narration.” Al-Harawī, Dhamm Al-Kalām wa Ahlihī Vol. 2 p264. It is reported that Al-Musayyib b. Rāfi’ Al-Asadī said, “We only follow, we do not innovate; we follow behind and do not start anything [in the religion], and we will never stray as long as we adhere to the narrations.” Al-Harawī, Dhamm Al-Kalām wa Ahlihī Vol. 2 p265.

Al-Harawī, Dhamm Al-Kalām wa Ahlihī Vol. 2 p265.

Ibn ʿAbd Al-Barr, Jāmi’ Bayān Al-‘Ilm wa Faḍlihi Vol.2 p465.

May Allāh curse those women who tattoo or seek to be tattooed, those women who remove facial hair or seek it to be removed and those women who put gaps between their teeth for beautification; those who seek to change Allāh’s creation. This reached a woman from Banī Asad who was called Umm Ya’qūb and who used to read the Qur`ān. She came to [Ibn Mas’ūd] and said, “What is this I hear from you, that you curse women who tattoo or seek to get tattooed, and those who remove facial hair and those who put gaps between their teeth for beauty, those who change Allāh’s creation?” ʿAbdullāh [Ibn Mas’ūd] replied, “And why should I not curse those whom Allāh’s Messenger has cursed and those who are mentioned in Allāh’s Book?” She said, “I have read [the Qur`ān] from cover to cover and I have not seen it mentioned.” He replied, “If you had really read it [carefully] you would have found it; Allāh the Mighty and Sublime said: And whatever the Messenger gives you, take it; and whatever he forbids you, shun it. [Al-Ḥashr (59):7] The woman then said, “Well I have just seen some of this on your own wife.” He said, “Go and see her.” So she went to the wife of ʿAbdullāh but didn’t see anything. She returned to him and said, “I don’t see anything.” He said, “Well, if any of those practices had been done I would not be with her any more.” Al-Bukhārī and Muslim. This translation is from the version in Muslim. Points to note These points have been summarized from Ibn Ḥajr, Fatḥ Al-Bārī and Al-Nawawī, Sharḥ Ṣaḥīḥ Muslim.

These points have been summarized from Ibn Ḥajr, Fatḥ Al-Bārī and Al-Nawawī, Sharḥ Ṣaḥīḥ Muslim.

I have been told that it used to be said, “Woe to those who study [their religion] for a purpose other than worship, and those who seek to permit what is forbidden through doubts and specious arguments.” Al-Khattîb Al-Baghdâdî, Iqtdâ Al-‘Ilm Al-‘Amal, p77.

Al-Khattîb Al-Baghdâdî, Iqtdâ Al-‘Ilm Al-‘Amal, p77.

ʿAlī said, “This is my armor, and I have not sold it nor given it away.” Shurayḥ said to the Christian, “What have you to say about what the Amīr of the Believers claims?” The Christian replied, “It is my armor, although I do not regard the Amīr of the Believers to be a liar.” Shurayḥ then turned to ʿAlī, “O Amīr of the Believers, do you have any proof (of ownership)?” ʿAlī laughed and said, “Shurayḥ is correct, I have no proof.” So Shurayḥ judged that the armor was the Christian’s. The Christian took it and began to walk away but then returned. He proclaimed, “As for me, I testify that this is the judgment of the Prophets – the Amīr of the Believers himself takes me to his judge and the judge rules against him! I bear witness that there is no deity deserving worship but Allāh and I bear witness that Muḥammad is the Messenger of Allāh. By Allāh, the armor is yours o Amīr of the Believers. I followed the army when you were on your way to the Battle of Ṣiffīn and the armor came out of your equipment.” ‘Alī said, “If you have accepted Islām the armor is yours.” And then he put him on his horse. Al-Shaʿbī (the reporter of this incident) said, “I was later informed by those who saw this man that he fought the Khawārij (alongside ʿAlī) at the battle of Nahrawān.”

Ibn Kathīr, Al-Bidāyah wa Al-Nihāyah Vol.8 p5.