Our Need for New FiqhReligious officeRequired Reading Series (6)Sheikh Dr. Ihssan Baadarani

16- The Fixed Goal and the Changing Means in the Noble Sunnah: Dr. Ihsan Baadrani

It is said in the Arab proverb: “A sound mind in a sound body, and health is a crown on the heads of the healthy, known only to the sick.” Since the beginning of mankind, people have naturally sought medicine to cure their ailments when they felt sick and experienced pain. Then the divine message came to Muhammad ﷺ to affirm that healing is from God, who holds all things in His hands, and that people should pray after taking the necessary means.

Allah Almighty says: “And when I am ill, it is He who cures me” [Qur’an, 26:80].

The Prophet ﷺ said: “Ask your Lord for well-being and protection in this world and the hereafter, for if you are granted well-being in this world and in the hereafter, you have succeeded” [Anas ibn Malik].

The Prophet ﷺ also said: “There are two blessings that many people are deceived by: health and free time” [Ibn Abbas].

The Prophet ﷺ said: “Yes, O servants of Allah, seek treatment, for Allah the Exalted has not created a disease without creating a cure for it, except for one disease.” They asked, “What is it, O Messenger of Allah?” He said: “Old age” [Imam Ahmad].

The Prophet ﷺ also said: “Allah has not sent down a disease without sending down a cure for it; those who know it, know it, and those who do not, do not” [Imam Ahmad].

Reflecting on the creation of opposites, and how they resist and counter each other, one can see the perfection of the Lord’s power, His exclusivity in divinity, oneness, and self-sufficiency, that there is none comparable to Him, and that everything besides Him is in need of Him. It becomes clear that this interplay prevents diseases, corruption, and evil from spreading and taking control.

In the aforementioned authentic hadiths, there is a command to seek treatment, which does not contradict reliance on God (tawakkul). In fact, the true meaning of tawakkul is not fulfilled except by taking the means that Allah Almighty has established as causes for their effects, both by divine decree and religious law. Neglecting these means undermines tawakkul itself, as well as divine command and wisdom. Therefore, one should not think that abandoning them strengthens tawakkul, because the essence of tawakkul is the heart’s reliance on the Lord Almighty to obtain what benefits the servant and to ward off what harms him. This reliance must be accompanied by taking the means, so one should not confuse abandoning the means with tawakkul, nor tawakkul with abandonment of the means. Medicines, supplications, and precautions are all from the decree of Allah, and nothing averts the decree of Allah except His decree, just as hunger, thirst, heat, and cold are countered by their opposites, and just as the enemy is countered by striving against him in both the general and specific senses, and just as disease is countered by medicine. Thus, the Prophet ﷺ said: “For every disease, there is a cure,” to strengthen the resolve of the patient, the doctor, the pharmacist, and the laboratory worker, and to encourage the pursuit of medicine and its discovery by all means of scientific and experimental research.

Ibn Khaldun says in his Muqaddimah: “Medicine and other customary matters or crafts have no relation to worship, and the Sunnah or the Qur’an is not a source or book for studying medicine.”

After this brief and necessary introduction, we return to our discussion, which revolves around the “fixed objective” and the “changing means” in the noble hadiths related to prophetic medicine, which we believe in and do not doubt its effectiveness. How could we, when its proponent is the master and seal of the prophets and messengers, Muhammad ﷺ? Here are some examples of this:

1- Al-Bukhari narrated in his Tarikh and Abu Dawood in his Sunan that the Messenger of Allah ﷺ would say to anyone who complained to him of a headache, “Get cupping done,” and to anyone who complained of pain in his legs, he would say, “Apply henna” [from the hadith of Salma, the wife of Abu Nafi’, and it is a good hadith].

Al-Bukhari and Muslim narrated that the Messenger of Allah ﷺ said: “Healing is in three things: a drink of honey, a cut from cupping, and cauterization with fire, but I forbid my Ummah from cauterization.”

The Prophet ﷺ also said: “The best remedies you use are cupping and bloodletting,” and in another narration: “Indeed, the best remedy you use is cupping” [narrated by Muslim].

The Prophet ﷺ said: “Use antimony (ithmid), for it clears the vision and promotes hair growth” [Jabir ibn Abdullah]. Ithmid is a type of kohl.

The Prophet ﷺ said: “Apply kohl with ithmid, for it clears the vision and promotes hair growth” [narrated by Al-Tirmidhi from Ibn Abbas], and in Al-Sharh Al-Kabeer by Al-Manawi, while discussing the saying of the Prophet ﷺ: “Use ithmid…,” he mentions that it promotes hair growth, removes eye irritants, and purifies the vision.

The Prophet ﷺ said: “Use this black seed, for it has a cure for every disease except death” [narrated by Al-Bukhari, Muslim, and Al-Tirmidhi from Abu Hurairah]. As-sam means death.

In these noble hadiths, it is clear that the fixed objective is the well-being of the human being, benefiting the person, preserving their health and safety, and simultaneously achieving both treatment and prevention. Cupping, henna, ithmid, black seed, and honey were the available, accessible, and practical means in the era of the Messenger of Allah ﷺ. If these means were the fixed objective in the words of the Messenger of Allah ﷺ, it would not be permissible for Muslims to use anything else, nor for specialized scholars to research, explore, and experiment to find what brings healing to humanity. Is Allah not the one who says: “And say, ‘My Lord, increase me in knowledge'” [Qur’an, 20:114]?

2- The Prophet ﷺ said: “The miswak (tooth-stick) purifies the mouth and pleases the Lord” [narrated by Al-Bukhari from the Mother of the Believers, Aisha “May Allah be pleased with her.”]. He also said: “If it were not that I would be overburdening my Ummah, I would have commanded them to use the miswak before every prayer” [narrated by Al-Bukhari].

The Messenger of Allah ﷺ pointed to two things in these noble hadiths. Which of them is the fixed objective, and which is the changing means? There is no doubt that the miswak was an accessible and available tool in the time and environment of the Prophet ﷺ, and that the fixed objective of this tool was to clean the teeth and purify the mouth. The fixed objective cannot be disregarded due to the absence of the available tool, which is the miswak.

It is said in Hidayat al-Raghib in Hanafi jurisprudence: “The stick can be made from arak (Salvadora persica), date palm branches, olive wood, or other materials, provided it does not harm, wound, or fragment. It is disliked to use anything that injures, harms, or breaks apart.” The compiler of the book, Sheikh Abdullah Al-Bassam, quoted Imam Al-Nawawi as saying: “And one can perform siwak (cleaning of the teeth) with anything that removes change (in the mouth), like a cloth or a finger, which is the view of Abu Hanifa due to the general evidence.” In Al-Mughni, it is stated: “One fulfills the Sunnah to the extent that cleanliness is achieved, and the Sunnah should not be abandoned because one cannot fulfill it completely.”

We ask after these references: if the means change, but the fixed objective remains, in societies where the miswak is not readily available to millions of Muslims, should we abandon this noble Sunnah? If we use another means to clean the teeth, purify the mouth, and please the Lord, while preserving His blessing, do we violate the purified Sunnah and lose the reward? Has modern science not reached, in our time, the discovery of methods by dentists, with their various specializations, that ensure the cleanliness, safety, and functionality of the teeth? Has visiting a specialist doctor not become a necessary routine every six months?

Allah says: “And strive for Allah with the striving due to Him. He has chosen you and has not placed upon you in the religion any difficulty. It is the religion of your father, Abraham. He named you Muslims before and in this [Qur’an], that the Messenger may be a witness over you and you may be witnesses over the people. So establish prayer and give zakah and hold fast to Allah. He is your protector; excellent is the protector, and excellent is the helper” [Qur’an, 22:78].

And He says: “O you who have believed, when you rise to [perform] prayer, wash your faces and your forearms to the elbows and wipe over your heads and wash your feet to the ankles. And if you are in a state of janabah, then purify yourselves. But if you are ill or on a journey or one of you comes from the place of relieving himself or you have contacted women and do not find water, then seek clean earth and wipe over your faces and hands with it. Allah does not intend to make difficulty for you, but He intends to purify you and complete His favor upon you that you may be grateful” [Qur’an, 5:6].

And He says: “The month of Ramadan [is that] in which was revealed the Qur’an, a guidance for the people and clear proofs of guidance and criterion. So whoever sights [the new moon of] the month, let him fast it; and whoever is ill or on a journey – then an equal number of other days. Allah intends for you ease and does not intend for you hardship and [wants] for you to complete the period and to glorify Allah for that [to] which He has guided you, and perhaps you will be grateful” [Qur’an, 2:185].

The important thing is to perform this Sunnah by any possible and beneficial means that does not harm the person, their health, or their well-being, through the cleanliness of their teeth.

It is observed in the daily life of Muslims that they do not distinguish between two closely related and inseparable matters: the fixed objective and the changing means in the hadiths of the Messenger of Allah ﷺ. Some scholars do not notice this issue and do not pause to consider it. Some among these scholars and others adhere strictly to the means, oblivious to the objective in the report from the Messenger of Allah ﷺ.

3- Ka’b bin Malik reported: “I saw the Messenger of Allah ﷺ eating with three fingers, and when he finished, he would lick them” [reported by Muslim].

And Jabir reported that the Messenger of Allah ﷺ: “Commanded to lick the fingers and the dish, and said: ‘You do not know in which part of your food is the blessing'” [reported by Muslim].

It is reported from Ibn Abbas that the Messenger of Allah ﷺ said: “When any of you eats food, do not wipe your fingers until you have licked them” [reported by both Shaykhain].

These reports regarding the etiquette of the table and food have often been viewed superficially and interpreted as if the prophetic tradition is specifically about eating with three fingers and then licking them, as well as licking the dish. It is assumed that anything other than this is against the Sunnah. However, if one considers the wording of these Hadiths carefully, they will find that the use of the preposition “بـ” (with) in “eating with three fingers” suggests assistance in the Arabic language, and this was the practice of the Prophet ﷺ. From this, we can conclude that the “three fingers” are a means available for eating, while the fixed goal is the food itself, which represents human nourishment and life, and is a blessing from Allah.

Allah says: ﴿And I did not create the jinn and mankind except to worship Me﴾ [Al-Dhariyat: 56]. This means that just as Allah gave the hand five fingers and guided it in its actions, including eating, this personal means for each individual has evolved over time. As humans have invented other means for eating without touching food with their fingers, adherence to proper etiquette in dining is maintained.

As for licking the fingers and the dish after eating, it is no longer necessary because a believer only places as much in their dish as needed and does not leave anything on the spoon or in the dish, which reflects frugality and appreciation of the blessing. This is the fixed goal intended by the Messenger of Allah ﷺ in the previously mentioned Hadiths.

Ibn Abi Dunya reported from Aisha رضي الله عنها that she said: “The Prophet ﷺ entered upon me and saw a piece of bread lying on the ground and said: ‘O Aisha, be good to the blessings of Allah, for they rarely leave a household without returning to them.'” In a narration reported by Ibn Majah and Al-Hakim from Aisha رضي الله عنها, it is mentioned: “The Prophet ﷺ entered the house, saw a piece of bread lying on the ground, picked it up, wiped it, and ate it, saying: ‘O Aisha, honor your blessings, for they do not leave a people without returning to them.'”

To conclude: There are two interconnected aspects, (the fixed goal) and (the changing means). It is unjust and incorrect to separate or replace one with the other, or to cling to the means while forgetting the goal. The means may change, but the Qur’anic and prophetic goals remain constant for achieving human welfare.

4- The Prophet ﷺ said: “The weight is the weight of the people of Mecca, and the measure is the measure of the people of Medina” [reported by Al-Nasa’i, Abu Dawood, and Ibn Hibban]. The people of Mecca were traders who used weight as their standard for buying and selling, which was the norm for them due to their circumstances. Meanwhile, the people of Medina were agriculturalists whose products were grains, fruits, and similar items, so they used volume measurement as their standard. Hence, the Prophet ﷺ stated what he did, recognizing that both are acceptable methods for ensuring proper transactions and delivering rights. The fixed goal in his ﷺ statement was to ensure justice and proper fulfillment of rights. Had he ﷺ assigned a different method to the people of Mecca or Medina, it would have imposed unnecessary hardship on them. Instead, he ﷺ affirmed their existing methods to relieve difficulty, maintain the goal, and acknowledge their reality. If a better method for achieving the prophetic goal is available today, which reduces errors and improves accuracy, it should be preferred. This aligns with the Quranic principle: ﴿And if two parties from among the believers fight, then make peace between them…﴾ [Al-Hujurat: 9]. Rejecting any means that can ensure precise and effective transactions based on modern advancements, under the pretext of reviving the Sunnah, contradicts the essence of the Hadith and the intent of the Prophet ﷺ. The Sunnah that allowed for the use of lower means in the past encourages us today to adopt more accurate and effective methods in line with current scientific understanding to achieve the intended goals of the prophetic tradition and the Quran.

Allah says: ﴿Woe to those who give less (than due).﴾ (1) ﴿Those who, when they take a measure from people, take in full.﴾ (2) ﴿But when they give by measure or weight to them, they cause loss.﴾ (3) ﴿Do they not think that they will be resurrected.﴾ (4) ﴿For a tremendous day,﴾ (5) ﴿The Day when mankind will stand before the Lord of the worlds.﴾ (6) [Al-Mutaffifin: 1-6]; Allah also says: ﴿Do not transgress within the balance.﴾ (8) ﴿And establish weight in justice and do not make deficient the balance.﴾ [Ar-Rahman: 8-9]; Allah also says: ﴿And to Madyan (We sent) their brother Shu’ayb. He said, “O my people, worship Allah. You have no deity other than Him. He has brought you clear proof from your Lord. So give full measure and weight and do not deprive people of their due. And do not commit abuse on the earth, spreading corruption.﴾ [Al-A’raf: 85]; Allah further says: ﴿And O my people, give full measure and weight in justice. And do not deprive people of their due. And do not commit abuse on the earth, spreading corruption.﴾ [Hud: 85]; Allah also says: ﴿And do not deprive people of their due and do not commit abuse on the earth, spreading corruption.﴾ [Ash-Shu’ara: 183]. The purpose of these Hadiths and Quranic verses is to achieve the fixed goal of ensuring fairness in measurement and weight, to be just, and not to deprive people of their due. Woe is for those who engage in fraud, who will be resurrected on the Day of Judgment, where the Judge will be the Lord of the worlds!

5- We say that one of the pitfalls that the purified Sunnah has faced and continues to face is the tendency to focus on the literal text without considering its purpose, and to cling to the text’s form rather than its spirit. The esteemed companions, the prominent successors, and the scholars in jurisprudence approached understanding Hadith by looking at the intended meaning of the text, not its literal wording, and by considering the reasoning behind the text, its context, time, place, and the customs upon which the text was based.

This was also the approach of Imam Abu Yusuf, a student of Abu Hanifa, who considered the four types mentioned—wheat, dates, barley, and salt—as subject to customary practice. If customs changed such that something that was once measured by volume became measured by weight, as the situation evolved, then the new custom should be followed. This is because the Quranic text points to the fixed goal of fulfilling measurement and balance, as Allah says: ﴿And give full measure when you measure, and weigh with a just balance. That is good and better in the end.﴾ [Al-Isra: 35].

This means there is no harm in considering the intent and spirit of the text rather than sticking strictly to its form and literal meaning. The goal is to ensure that rights are delivered fairly, whether by measurement, weight, or other means. Allah says: ﴿And if two parties from among the believers fight, then make peace between them. But if one of them oppresses the other, then fight against the one that oppresses until it returns to the command of Allah. And if it returns, then make peace between them with justice and act justly. Indeed, Allah loves those who act justly.﴾ [Al-Hujurat: 9].

The just ones (Muqsitun) are those who act with fairness, while the unjust ones (Qasitin) are those who act oppressively. Allah says about them: ﴿And as for the unjust, they will be fuel for Hell.﴾ [Al-Jinn: 15].

6- A prime example of our viewpoint is what the Prophet ﷺ approved of regarding the actions of Tamim al-Dari (may Allah be pleased with him). When Tamim hung oil lamps from the Levant in the Prophet’s Mosque, the Prophet ﷺ said to him: “May Allah illuminate your heart as you have illuminated our mosque.” The Prophet ﷺ also approved of Tamim’s construction of a pulpit with three steps to replace the trunk he used to lean on, which became the first pulpit in Islam. Isn’t lighting the mosque the goal, even if the means differ? Isn’t the fixed purpose of the pulpit to allow the companions to see the Prophet ﷺ reading the revelations and to hear his voice?

The esteemed companions spread gravel on the floor of the Prophet’s Mosque when they found that prostration on the dirt was impractical during rain. The Prophet ﷺ approved of what they did because the goal was achieving comfort in the act of prostration, even if the means changed. What would the Prophet ﷺ say if he saw our mosques today covered with marble floors that are cooled in summer and heated in winter, whether in Mecca, Damascus, or elsewhere? Isn’t Allah the Exalted saying: ﴿And as for the unjust, they will be fuel for Hell.﴾ [Al-Jinn: 15]?

What would the Prophet ﷺ say if he saw our mosques roofed with insulated coverings that prevent cold and moisture in winter and heat from the sun in summer, whereas the Prophet’s Mosque was roofed with palm fronds? Isn’t the fixed goal one thing, and the changing means another? These were feasible, available, and practical means during the time of the Prophet ﷺ, and today there are convenient means available in our era. We do not know what modern and new means future generations will use, making our current means appear outdated to them, just as the means of the past seem outdated to us.

What would the Prophet ﷺ say about the large, movable canopies covering vast areas of his mosque in Medina in 2008 CE – 1429 AH, which shield worshipers from the sun while the worshipers in the earth’s sanctuary enjoy seeing the sky and feeling the air change? What would he say about the large umbrellas opening over vast courtyards to protect the heads of the Prophet ﷺ’s guests from the heat in the Medina sanctuary? The means are changing in the Prophet ﷺ’s time, while the fixed goal remains to ensure the health, life, and well-being of people. This extends to what is mentioned in the Quran.

Does the Prophet ﷺ intend to burden his followers with difficulty and hardship when the Quran and Sunnah call for ease, gentleness, and a good life as much as possible? Allah says: ﴿The month of Ramadan in which was revealed the Quran, a guidance for people and clear proofs of guidance and criterion. So whoever sights [the new moon of] the month, let him fast it; and whoever is ill or on a journey – then an equal number of other days. Allah intends for you ease and does not intend for you hardship and [wants] for you to complete the period and to glorify Allah for what He has guided you and perhaps you will be grateful.﴾ [Al-Baqarah: 185]. The Prophet ﷺ said: “Facilitate and do not make things difficult, and give good tidings and do not repel.” [Ibn Malik]. He also said: “Facilitate and do not make things difficult, and give good tidings and do not repel, and cooperate and do not differ,” when he sent the esteemed companions Muadh ibn Jabal and Abu Musa al-Ash’ari to Yemen.

7- The Prophet ﷺ said: “Fast when you see it [the new moon] and break your fast when you see it, and if it is obscured from you, then complete the number of Sha’ban as thirty.” In another narration: “If it is obscured from you, then estimate it.” [Agreed upon, narrated by Ibn Abbas].

“Obscured” means “hidden,” and “number” refers to the count. The fixed goal of this Hadith is clear and evident: it is to fast the entire month of Ramadan. This fasting is only achievable through a means, and the feasible and possible means for the general public without hardship or difficulty during the time and place of the Prophet Muhammad’s ﷺ mission was the visual sighting. This was available to everyone. It is apparent from the Hadith that the Prophet ﷺ did not require another means, because Allah does not burden His servants beyond their capacity, as stated in His verses. Allah says: ﴿Allah does not burden a soul beyond that it can bear…﴾ [Al-Baqarah: 286]; and: ﴿Let him spend from his means, and he whose provision is restricted – let him spend from what Allah has given him. Allah does not charge a soul except according to what He has given it. Allah will bring about ease after hardship.﴾ [At-Talaq: 7].

If a means is found that is more capable of achieving this fixed goal, less likely to involve error or weakness, and is supported by scholars, experts, and research centers, why do we cling to the old means and overlook the goal that the Hadith aims for? Why do we reject a means that has reached certainty and can unify the community, removing discrepancies in fasting, breaking the fast, and celebrating Eid? The Sunnah, which established the use of a lower means – visual sighting – does not reject a higher means but allows it, as it is more complete and precise in achieving the intended purpose of the Hadith and helps the nation overcome severe disagreements regarding the start and end of fasting and the Eid celebrations.

Abu al-Abbas Ahmad ibn Omar ibn Suraikh (d. 306 AH), a student of Abu Dawood, was praised by Abu Ishaq al-Shirazi in “Tabaqat al-Fuqaha” on page 89: “He was one of the great Shafi’is and Muslim imams, and he was superior to all Shafi’i scholars, even to al-Muzani.” He commented on the Prophet’s ﷺ statement: “Complete the number” as addressing the general public. As for “estimate it” (faaqdiru lahu), it means to estimate according to the conditions and that it is addressed to those whom Allah has granted this knowledge. Allah says: ﴿And We did not send before you except men to whom We revealed… So ask the people of the Reminder if you do not know.﴾ [An-Nahl: 43].

Following the Hadith and supporting the Sunnah is not about sticking rigidly to what previous generations understood, but about following their approach, using our own intellects to understand the spirit of the Hadith, and striving for our time as they strived for theirs. We should renew our religion as they renewed theirs, based on the famous Hadith of the Prophet ﷺ: “Indeed, Allah sends to this nation at the head of every hundred years someone who will renew its religion.” [Narrated by Abu Dawood and al-Hakim, authenticated by others, narrated from Abu Huraira]. We should address our current reality with our intellects as they did with theirs, constrained only by the fixed principles of the Quran and Sunnah and the definitive rulings within them.

If a more precise and accurate means exists, which avoids errors, deceit, and falsehood in determining the start of fasting, Hajj, and the Eid celebrations, then there is nothing in the Sunnah to prevent considering it, and nothing in the Quran to forbid taking it. Allah says: ﴿He taught man that which he knew not.﴾ [Al-Alaq: 5].

Al-Sabki, a prominent Shafi’i jurist (d. 756 AH), said in his fatwas: (If astronomical calculations negate the possibility of visual sighting, the judge must reject the witnesses’ testimony), and then said: (Because astronomical calculations are definitive, while testimony and reports are based on conjecture, and conjecture cannot oppose definitive evidence, let alone be given precedence).

We ask: What if al-Sabki had lived to see our time, with its advancements in science and means, and observed the extent of scholars’ expertise?

8- The Prophet ﷺ said: “Whoever throws an arrow at the enemy and it hits the enemy, whether it hits or misses, it is equivalent to freeing a slave.” [Narrated by Umar ibn Anbasa].

Isn’t the fixed goal in this Hadith “throwing” and the means “the arrow”? If the goal remains fixed and the means change, does this not fulfill the Prophet’s ﷺ promise, which is expressed as: “It is equivalent to freeing a slave” for whoever throws at the enemy, whether it hits or misses? Should we stick to the old means and ignore modern methods in combat, repelling aggression, and defending our homelands?

In conclusion, we ask:

  • Isn’t the intended goal justice and delivering rights to their owners, and placing things in their proper context, even if time changes, places differ, and people change?
  • Isn’t the goal of justice the well-being of the individual, providing for them, and meeting their needs?
  • Isn’t the goal the benefit of the individual, facilitating their affairs, and ensuring a dignified and honorable life for them?

Are human laws and regulations designed to facilitate human affairs, benefit, and welfare, or the opposite? If some Hadiths have been misunderstood, misinterpreted, or misapplied, human laws and regulations have often been subjected to even greater misinterpretations and errors, created by fallible humans who are not infallible.

While some Hadiths have been distorted from their intended meanings and others have clung to their literal texts without grasping their essence, many human laws and regulations require correction, adjustment, or change to align with what Allah intended for mankind, who is Allah’s representative on Earth and for whom the Quran was revealed.

Aren’t the laws and regulations intended to enrich and meet the needs of humans, benefit them, and serve their interests? Therefore, we must consider the time and place in which these laws and regulations were established and then changed. The companions, the early followers, the scholars, and the jurists understood the spirit of the Hadith rather than its letter, aiming for the benefit of humanity. We need to contribute to understanding with a new perspective.

Laws and regulations are not for taxation or propaganda but for caring for and looking after human conditions. When a person sees that all laws aim for their benefit and life rather than their detriment, they are more willing to give more than they receive. When they see that the laws aim to enrich them rather than destroy them, they are more likely to contribute to those laws.

Why don’t Muslim scholars approach their understanding in the way that lawmakers in every era do?

With the help and blessings of Allah, this book was completed in the last ten days of Ramadan 1431 AH, corresponding to September 2010, in Damascus, Syria.

Show More

Leave a Reply

Your email address will not be published. Required fields are marked *

Related Articles

Back to top button