Vice-Chairman of the International Union for Muslim Scholars (IUMS), prominent scholar Sheikh Abdullah Bin Bayyah, emphasized the importance of having references to limit conflict of fatwas and opinions, confirming at the same time that such references need more effort and organization to be able to protect People of Sunnah by confuting their beliefs and convictions that contradict with the Shar`i sources, i.e., the Glorious Qur’an and the Prophetic Sunnah. In an interview with “Ad-Din Wa Al-Hayah” (Religion & Life), the Sheikh said that People of Sunnah have unified references and sources, such as the International Islamic Fiqh Academy, the Islamic Fiqh Council of the Muslim World League (MWL), and the IUMS. He discussed several issues of concern for Muslims these days. Here is the script of the interview:
Interviewer: Some argue that there should be a Sunni reference. What do you think?
Bin Bayyah: People of Sunnah already have references, which are derived from unified but diverse sources. Thanks Allah, now we have the International Islamic Fiqh Academy, which serves as a reference for all Muslims, as well as MWL’s Islamic Fiqh Council, the Grand Ulema Commission, and the IUMS. Unification of references is important to minimize conflict of fatwas and opinions. However, they still need much effort and mobilization to protect People of Sunnah against any beliefs or views that contradict with the Sunni sources, i.e., the Qur’an and Sunnah. We can deal with all differences without having to initiate clashes or wars against others and while keeping fundamentals and characteristics that cannot be negotiated.
Fatwa Industry
Interviewers: What do you mean by fatwa industry?
Bin Bayyah: I coined this term with the purpose of drawing scholars’ as well as questioners’ attention to the fact that fatwa is not that simple. It is a highly sophisticated process that requires certain scholarly skills and techniques. No one who is unqualified or unpossessed of such skills should engage in fatwa giving; rather, they should seek information from specialists and experts — here, they are religious scholars. Allah says, {So, ask (about anything) the people of knowledge (of that specific thing) if you do not know}. This is the wisdom behind choosing this concept as a title for one of my works.
Scrutinizing Religious Texts
Interviewer: There are some who ignore religious texts on the pretext that there are implied Shar`i objectives. What do you think?
Bin Bayyah: This falls under the fatwa industry mentioned earlier. The relation between overall objectives and detailed texts is so solid. Objectives come from scrutiny of texts, and as such they are Shar`i objectives derived from Shar`i texts — thus, both Shari`ah and objectives are not separate and cannot be seen as contradictory with each other. This delicate notion can be understood only by knowledgeable scholars who are aware of detailed texts and their applications, the holistic objectives and their applications, and the text-objective dialectic and its implications. The soundest methodology is to consider objectives and texts. A true scholar is one who keeps an eye on detailed texts and the other eye on ultimate objectives. To look only at explicit texts is imprudent and incompatible with the example of the Companions of Prophet Muhammad (Peace and Blessings of Allah be upon him). Likewise, being satisfied exclusively with objectives at the expense of relevant texts is a departure from the doctrines of early Muslim scholars. Both objectives and texts should be kept in mind and approached in the very ways that scholars have come up with in Fundamentals of Fiqh, which is a body of criteria for deduction and finding common grounds between both wings.
Fundamentals of Fiqh
Interviewer: You have just said that Fundamentals of Fiqh is a body of criteria for deduction and finding common grounds between Shar`i objectives and detailed texts. Some claim that Fundamentals of Fiqh techniques are no longer sufficient and that we need to renew Fundamentals of Fiqh. How do you comment?
Bin Bayyah: Such claims really do exist, and we need to have a closer look at them. Those who advocate renewing Fundamentals of Fiqh could not perceive the broader picture of this discipline. They need first to explore Fundamentals of Fiqh as left by early Muslim scholars, from Ash-Shafi`i to Ash-Shatibi, to see its great potential for deduction of rulings (including but not limited to word-level and context-level denotations, analogy, juristic preference, unrestricted public interests, blocking means leading to sins, customs, and other major and comprehensive techniques) that, if used well, can provide solutions to all new issues. Then, if such advocates find any deficiency, let them proceed and introduce effective substitutes. It is unacceptable to hold ill-founded or empty claims that only serve to divert us from the tested-and-proven deductive tools and techniques we already have to nothing that can be used instead.
Fatwas and Standards
Interviewer: Do you think there should be standards to govern those who provide fatwas on satellite channels?
Bin Bayyah: Yes. This issue has been addressed by many conferences, specifically the Ifta’ Conference held in Kuwait. It is necessary to define standards and criteria to prevent unauthorized or unreliable fatwas, especially in major issues such as jihad, judgment of disbelief, and other issues of concern for the Ummah. It is not enough to know about Shar`i objectives and reality to be eligible for absolute freedom to give fatwa. One thing a Faqih should be fully aware of is the text-reality dialectic. In addition, there are issues related to Islamic business and economy that not everyone has enough knowledge of. There remain small issues pertinent to acts of worship and ordinary human dealings that a competent Faqih can give fatwas on. Not all issues are equal, according to Ash-Shatibi, nor are they at the same level. Some issues are so critical or sensitive that they should not be handled by those with inadequate expertise. There are issues whose solutions can be found in books regardless of reality, since they have a permanent nature that does not change from one time or place to another. Such kind of issues can be tackled by any erudite Faqih.
Interviewer: Some argue that this is a time of special permissions and not of strict abidance by rules.
Bin Bayyah: Managing matters of religious special permissions and strict rules is one of the basics of Shari`ah. The Islamic Shari`ah has been revealed by Allah, the All-Wise, the Ever-Praiseworthy, and it has been set down in Allah’s Divine Knowledge that the human being is weak and fretful — Allah says, {Fretful when evil touches him}.
Naturally, human circumstances and conditions require both strict rules and exceptions, as people alternate between health and ailment, youth and senility, affluence and insolvency, etc. Shari`ah has taken all such variations into account and made necessary arrangements for every possibility, and so it stands as the Shari`ah of Fitrah (i.e., natural disposition), the Fitrah that Allah has created in humankind. It is by nature to alternate between strict rules and exceptional permissions; who adheres to Shar`i rules can enjoy exceptions in case of emergency, but who rejects Shar`i rules and obligations will not be taken into consideration at all.
Therefore, it cannot be said that our present time is not suitable for full enforcement of Shar`i rules. Well-established rules are still applicable and enforceable, within their own limits, and exceptions are available for cases of necessity. This is the norm of things
Dialogue with the West
Interviewer: You have launched a Global Center for Renewal and Guidance, located in London. What role does it play?
Bin Bayyah: As the name suggests, the center is designed for renewal and guidance; it seeks to re-understand issues facing Muslims. Renewal is not an act of innovation, but rather of renovation. It is an attempt to renew what have been obliterated, due perhaps to lack of understanding. It links (1) Shar`i texts with Shar`i objectives and (2) Shar`i texts and objectives with reality. Through this dynamic linkage, we can modernize our understanding of different issues and realize Shari`ah’s great flexibility and potential, not only for spirituality but for life affairs too. Economic practices, coexistence, and acceptance of the “other” are just examples of issues that need renewed approaches. Guidance, on the other side, is meant to teach Western Muslims basics of good conduct and sound beliefs. To that end, the center runs courses for intellectuals, center leaders, and imams to gird them with refined knowledge in arenas of thought, Fiqh, and Shari`ah; answer their queries; and engage them in lively discussions in which they exchange ideas in an enriching give-and-take process. Interaction is crucial among Muslims in Western countries and even in Muslim-dominated areas, since we are living, as it is always held, in a small village where no nation can be isolated from what is going on in other parts of today’s world. Thus, the Fiqhi discipline that is dubbed Fiqh of Minorities may as well be needed by some majorities in their lived reality, as everyone inevitably would sometimes have unusual cases that need special exceptions from mainstream rulings.
Dialogue Is a Shar`i Requirement
Interviewer: You are one of the advocates of dialogue with the West. But with whom in the West: Politicians, Nations, or Clerics?
Bin Bayyah: There is no problem to hold dialogue with politicians, clerics, intellectuals, or nations in general. First, dialogue is a Shar`i requirement, and our religion has nothing that falls in disharmony with Fitrah or reason; it is a religion of physical and mental evidence. In his interpretation of the Qur’anic verse: {And the religion of truth, so that He may cause it to prevail over all (false) religion}, Al-Hafiz Ibn Al-`Arabi wrote that Islam has spread through logical argument and spiritual conviction, not by means of force or warfare.
Nowadays as Islam and Muslims are stigmatized and charged with terrorism, a phobia fabricated by neoconservatives to destroy the world on the pretext of the so-called reorganization of the world and the Greater Middle East, we feel a stressing need to confute such allegations and show how our religion is one of peace and justice and how the “other” lacks sound logic and good intentions. In fact, some Muslims commit mistakes that those opponents utilize to justify their prejudices and rally more nations against Islam. But they have not been, and will never be, able to make their schemes a reality. In their own homes, neoconservatives are now suffering serious economic and security troubles. At the same time, we are to introduce our true image and put our religion in its rightful position for the benefit of all humankind. Islam in its very core is a mercy to all that exists.
Islamic Economics
Interviewer: Why have Muslim scholars not introduced Islamic economics to the world as a solution to the global financial crisis?
Bin Bayyah: It seems we have not presented it well enough. Existing models of Islamic banks and Shari`ah-compliant financial products have actually played some role, which is not bad, but there is much more they can contribute. Global economy is hammered by a slew of ailments, some technical and some in the underlying philosophy itself. For both categories, Islam has excellent solutions. In the global economic mentality, laissez faire et laissez passer(“let do and let pass”) constitutes the key maxim in business. It implies removal of all restrictions on trade and freedom from state intervention, placing the individual in the center of the whole economic structure. By contrast, Islamic Shari`ah derives its reference from Allah, Exalted be He, based on the concept of trusteeship. Allah says, {And spend of that whereof He (i.e., Allah) has made you trustees}. As a trustee or agent, man does not have absolute freedom, but should rather act within the framework of ensuring good and warding off evil. In the aftermath of 1929′s Great Depression, restrictions were imposed to regulate economy. With the advent of Thatcherism and Reaganism, economic deregulation and promotion of “individual initiative” started, inspired by the pioneering economic philosopher Adam Smith’s theory of the “invisible hand of the market”, which states that the marketplace has a self-regulating nature, by virtue of an invisible and benevolent hand. All that entire system is now shown up to be a total failure. On the other hand, Islamic economics does encourage self-initiative and self-freedom, but within limits and guidelines that adjust the course of economy.
In terms of practical application, we find that only 5 percent of global economy is based on real investment, while the remaining is mere venturing, prediction, and unreal wealth. On the contrary, Islamic economy adopts the principle of exchanging wealth within society at large and not monopolizing it by the wealthy. Allah says, {That you exchange among yourselves}.Exchange is to be only of real wealth. In an authentic hadith, the Prophet (Peace and Blessings of Allah be upon him) said, “Sell the less-quality dates for (a sum of) dirhams, and then buy with the dirhams good dates”. Money is just a means. We have principles of exchange, or circulation as Ibn `Ashur puts it, and transparency. They have made huge profits from usury, while it is utterly prohibited in Islam to exchange money for money. Even in the West itself, there are voices that speak up against usury. Islam warns that the consequences of usury are dreadful: {But if you do not do (i.e., do not give up usury), then let it be a war (against you) from Allah and His Messenger}.
By the same token, they practice factoring, while Islam bans selling a debt for another, according to the hadith narrated by Al-Bazzar.
Relations with Shiites
Interviewer: Is there a chance of convergence between Sunnites and Shiites?
Bin Bayyah: Such convergence is difficult due to disunity in sources. We believe in the Prophetic biography and legacy as documented in Sunnah books, and we have our own way of interpreting it. We derive our knowledge of the Prophet’s Sunnah from his Companions and family members, and we never find contradiction between love for his family and love for and modeling after his Companions. Difference about sources makes inter-sect concurrence a complicated pursuit. Regardless of such considerations, we call for regulation of such difference to avoid collision. The common ground or umbrella that we all share is “La ilaha illa Allah Muhammad rasul Allah (i.e., There is no god but Allah, and Muhammad is the Messenger of Allah)” — at the same time, we cannot ignore the differences or allow them to ignite conflicts and disaccord. There is no worship to be served by mutual revilement or censure.