Understanding Istihlāl (Lawfulness)

 

 

In the name of Allah

  

- Praises be to Allah, the Lord of the worlds, and peace and blessings be upon the most honored of the messengers, our Prophet Mohammad and his family and companions (Sahaba) and who had followed them righteously to the Day of Judgment.

 

As for what follows:

 

1\- Istihlāl according to its connotation and status means: Approaching the Haram which Allah Almighty has prohibited or which there is consensus upon and making it Halal or denying its prohibition, and the connotation of Istihlāl as a cause of kufr from the Salaf is more general than this, it also includes prohibiting the halal.

 

-> and this meaning is testified by what was narrated from al-Tabarani at [Al Mujam Al Kabeer] (172\9) from Abd Allah bin Raja, said: Israel narrated from Ibn Abi Ishaq, who said: I was sitting at Abdul Rahman bin Abdullah when a man came to ask him about his son Al Qasim? he said: He went to the forest to hunt the lizard. So he said, "Do you eat it?", thereupon Abdul Rahman said, and who made it haram? I heard Abdullah bin Masoud say that: “Whoever prohibits the halal haram is like whoever permits the haram’’.

 

• The term of Istihlāl includes prohibiting the halal and permitting the haram.

 

2\- Istihlāl is of two kinds:

 

A\- Istihlāl through misinterpretation:

 

* Why did he permit the haram and prohibit the halal?

 

- Its cause is interpretation; And interpretation here includes allowable misinterpretation and unallowable misinterpretation.

 

- The allowable interpretation: is verified by what can be traced back to the Sharia - Within the disputes of the jurists (Foqaha’a), but the dispute is weak or not considered- and in this type the dispute is regarding names not in rulings, the most famous matter is -the matter of Nabeez (wine)- those who permit drinking Nabeez while it is haram with clear evidences- some of Foqaha’a (jurists) from the people of Hadith and some of them were people of Ra’y (speculation) have considered it Halal- However.

 

• the Salaf (may Allah have mercy upon them) did not make takfir of whoever permitted the Nabeez (wine).

 

- Because, if you returned back to the person who permits the Nabeez, you will come to see that he did not replace the ruling while he replaced the name. How? Because he says Nabeez is not wine (i.e: Alcohol that intoxicates, So he changed the name, and when he changed the name, the judgment was changed - because the name is for the named and the name follows its judgment, and the ruling is connected with it’s the reason - which is present in its name -And if he says that Nabeez is not wine, then the evidences of wine do not apply to Nabeez.

 

- Therefore, Istihlāl by misinterpretation in what is allowable misinterpretation, i.e in replacement of names not judgement, and of which there are many examples of transactions with multiple clear evidences of prohibition, for example: (usurious transactions), you find some who may permit it through certain ways. So, those who permit it, do not include the transaction into the term of usury and say “this is trade”, Allah Almighty said: ''Whereas Allah has permitted trading and forbidden Riba (usury)''. Thus the replacement occurred in the name through calling Riba trade.

 

- And in the allowable misinterpretation and its verification, we must consider two things:

 

→ The person who misinterprets wrong profess that Allah is the legislator, and the permitter and prohibitor.

 

→ He misinterprets the Athar - very important - (As Imam Ahmad - May Allah have mercy upon him) pointed out - in Masai’l Al-Athram “Whoever misinterpreted anything which came from the Prophet, may Allah's prayers and peace be upon him, and from his companions or one of them but accepts it, then there is nothing wrong to pray behind him, even if from another angle we say other than his saying because of his misinterpretion”.

 

• Imam Ahmad, may Allah have mercy on him, speaks about the degree of acceptance in the misinterpretation of others.

 

“This is the section we shall return to “the predecessor (Salaf) in what they have accepted misinterpretation in & we shall accept it without any luxation, abnormality, nor increase or decrease”

 

- As for the impermissible misinterpretations, this is the opposite of this, like the misinterpretations of the Qarmitah Batinyah of the Shariah obligations and rulings, with which they prohibited the halal & permitted the haram and the owner of this is a Kafir - as is the case with the Khurramites, Mazdakites and Ismailis ...- And their sayings are based on Kalam (philosophy).

 

 

B\- Istihlāl of Tandid (peer judgement) - replacement -: As the replacement of the rulings

in terms of its origin and it is called the Isthlal of tandid because who makes Al haram halal either makes himself a peer to Allah - glory be to Him - and has the right to Tahleel (legalization) and tahreem (prohibition), like what happened with the scholars and monks the Prophet, may Allah’s prayers and peace be upon him, has clarified that they made what Allah prohibited halal and what Allah legalized haram.

 

• and this is what happened from them to dispute Allah the Lord of the Worlds in what is exclusively His in sovereignty and legislation (Tashri').

 

→ Allah The Almighty said: "They have taken their scholars and monks as lords besides Allah, and the Messiah, the son of Mariam, And they were not commanded except to worship one Allah; there is no deity except him. Exalted is He above whatever they associate with Him". (Al Tawba 31).

 

- And the Prophet, may Allah’s prayers and peace be upon him, clarified that this Robobiyah (Lordship) was not by praying to them, or prostrating to them, or by circumambulating them, although they they did fall into Shirk Al-Ibadah (worship) – The Jews (Yahood) and Nasara - Rather it came in the Robobiyah of obedience, as in the hadith of Uday bin Hatim - may Allah be pleased with him; -.

 

• The interpretation of al-Tabari:

 

→ Abu Krib and Ibn Wakea' told us, they said, Malik bin Ismail told us, and Ahmed bin Ishaq said, he told us, Abu Ahmed told all of us, on the authority of Abd Al Salam bin Harb, he said, Ghatif bin Ayn told us, on the authority of Musab bin Saad, on the authority of Uday bin Hatim, he said: I came to the Messenger of Allah, May Allah’s prayers and peace be up on him and I wore a cross of gold around my neck, and he said: O Uday, cast this idol from your neck! He said: I casted it, and I went to him when he was reading in “Surat Bara'a”, then he read this verse: (They have taken their rabbis and their monks as lords without Allah), he said “I said: O Messenger of Allah, we do not worship them!” he said: “don’t they forbid what Allah has permitted, so you forbid, and they permitted what Allah has forbidden, so you did?” he said: “I said: Yes!” He said: “That is how you worship them!”

 

→ Ibn Wakee told us, Ibn Abi Uday told us from Shaath from Al-Hassan: (They have taken their rabbis and their monks as Lords besides Allah) he said:” in obedience”.

 

→ Muhammad bin Saad told me, he said, my father told me, he said, my uncle told me, he said, my father told me about his father, from Ibn Abbas, saying (They have taken their rabbis and their monks as Lords besides Allah) he says: “They decorated for them their obedience.”

 

• So their worship came in the form of consenting to replace the Ahkam (rulings).

 

- The Istihlāl of Tandid (peer) is when a person makes who makes Istihlāl as a peer to Allah and replacer of his Ahkam, and this is what happens by those who place man-made legislation which gives the right of legislation to the creation. And this is the reality of the Taghut who legislates from other than Allah - Azza wa Jal- which is contradictory to the Ahkam of Allah Almighty.

 

→ Allah Almighty says; “And whoever of them should say: "Indeed I am an Ilâh (a Deity) besides Him (Allah)," that one We should recompense with Hell. Thus, We recompense the Zâlimûn (polytheists and wrong-doers) (Al Anbyaa 29).

 

• In its interpretation:

 

→ It was narrated from Ibn Waki he said: “it was narrated to us from Al Hussain ” he said: “It was narrated to us from Hajaj that it is reported from Ibn Jurayj “(And whoever of them should say) Ibn Jurayj said: “Whoever of the angels should say that “I am a Deity other than Allah”. Thus none except Iblis said that, he called to the worship of himself, so this verse was revealed regarding Iblis.

 

→ It was narrated to us from Bishr he said: “It was narrated to us from Yazeed he said, it was narrated to us from Saeed from Qatada ”And whoever of them should say: "Indeed I am an Ilâh (a Deity) besides Him (Allah)," that one We should recompense with Hell. Thus, We recompense the Zâlimûn (polytheists and wrong-doers” this verse was specific to the enemy of Allah (the devil Ebles) when he said what he said, may Allah curse and damn him, then Allah Almighty said: “that one We should recompense with Hell. Thus, We recompense the Zâlimûn (polytheists and wrong-doers”.

 

→ Ibn Abd al Aalaa reported to us he said: “it was narrated to us from Ibn Thor from Moamar from Qatada ”And whoever of them should say: "Indeed I am an Ilâh (a Deity) besides Him (Allah)," that one We should recompense with Hell.” He said: “It is specific to Iblis” [Tafsir al-Tabari].

 

• And these are two reasons which made the Shitan (devil) a Taghut. That is because he called to the worship of himself besides Allah, and He legislated Kufr. These are the replacements that were legalized and of which he has inspired his Awlyaa' (allies) with.

 

→ Allah Almighty said: “And do not eat of that upon which the name of Allāh has not been mentioned, for indeed, it is grave disobedience. And indeed do the devils inspire their allies [among men] to dispute with you. And if you were to obey them, indeed, you would be moshrikoon” (Al Anaam 121).

 

• And this is in isthlal of eating the dead animals.

 

• It came in the interpretation of the verse:

 

→ Al Qassem reported to us he said: “Al Hossain reported us he said Hagag reported us from Abu Gregg who said, Ibn Abbas said”: “And indeed do the devils inspire their allies [among men]”. “He said: Iblis who inspired to the Moshrikeen of Quraysh.

 

→ Ibn Joraij said: “from Ata’a Al Khorasany, from Ibn Abbas, who said: “The devils of the Jinn inspire to the devils of mankind: “And indeed do the devils inspire their allies [among men] to dispute with you”.

 

→ Ibn Joraij said from Abdullah bin Katheer, who said: “I heard that the devils inspire to the people of polytheism (Moshrikeen), they command them to say: “That which is dead and what you slaughter is the same!”, they command them to argue that with Muhammad - May Allah’s prayers and peace be upon him-: (And if you were to obey them, indeed, you would be moshrikoon). He said: “The polytheists (moshrikoon) say, you don’t eat that which Allah slaughtered (dead animals), but what you slaughter with your own hands is Halal!”

 

→ Muhammad bin Saad told me that: My father told me that: my uncle told me that: my father told me from his father from Ibn Abbas, who said: “When Allah forbid the dead animals, the devil commanded his allies, and said to them: “What Allah has killed is better than what you slaughtered by your knives!”. So Allah said: (And do not eat of that upon which the name of Allāh has not been mentioned)”.

 

→ It has come in Saheeh Muslim and in Musnad Ahmed:

 

- from Matarf bin Abdullah bin Al Shukher , Ayadh bin Hammar Al Majashi who reported that Allah's Messenger (May peace be upon him), one day in a sermon, said: “My Lord commanded me that I should teach you which you do not know and which He has taught me today. (He has instructed thus) : The property which I have conferred upon them is lawful for them. I have created My servants as one having a natural inclination to the worship of Allah but it is Satan who turns them away from the right religion and he makes unlawful what has been declared lawful for them and he commands them to ascribe partnership with me…”

 

• So in reality, the devils legislated kufr by replacing the Ahkam of Allah, the Exalted, the Majestic, which He revealed in his books and judged with through the tongue of His Messengers - peace be upon them.

 

“Therefore the one who commits Istihlāl (The Mostahil) of peer makes himself a contender with Allah. Thus is a Taghut, or the Mostahil follows the legislation of someone who made himself an equal to Allah - showing approval, submission and respect for other than Allah Almighty’s legislation, and such a one is kafir in Allah the Exalted, the Majestic and this is the reality of the man-made religions like democracy, liberalism, and secularism”

 

 

▪Imortant note: The criterion for Istihlāl of peer - the legislation from other than Allah - is not compulsion as some people think (He says whoever forced others to disobey Allah, has committed kufr in legislation, this is wrong), for instance - Customs and taxes - are kinds of compulsion. Rather the judgments of the ruler’s policies are only issued by compulsion. Likewise its criterion is not in its generalization, because judgments are not issued from rulers except generalized.

 

“These two criterians are not equable to the matter of peer Istihlāl. But the cause in the kufr of legislation is to replace the judgement itself to forbid what Allah has permitted. Regardless of whether the replacer attributes it to Allah or not. And if he attributed it to Allah,then it is an increase in kufr, and if he does not attribute it, it is still kufr because it is replacing the origin of the legal judgment. So this is the criterion, Regardless of whether he compelled in it or and whether he generalized it or didn’t, generalize it. So pay attention to this matter-”

 

 

 

May Allah bless Muhammad and his family and companions as a whole.