Global Intifada

Introduction

Actions speak louder than words.

The blogosphere is abuzz with the excellent Unity Pledge (1, 2, 3, 4) that was initiated at ISNA by various ‘Ulema under the aegis of Shaykh Bin Bayyah (may Allah ’s mercy be upon him). However, already, some people have begun to question how effective such a pledge would be. The underlying issue in the pledge is that it places scholars of competing visions of orthodoxy under a theoretical framework of unity. If this idealistic unity isn’t transferred into reality, it will not only render the pledge utterly useless, but make unity in the future all the more difficult to work towards since many people will discard future attempts as “just another empty pledge.”

Thus, the pledge will succeed in so far as the words can be translated into action; now the question arises as to how to effectuate the pledge. I would propose to create a national fiqh council that would attach itself to MSA National comprised of all the signatories.

The Benefits of an MSA National Fiqh Council

The creation of this fiqh council would succeed in fulfilling a variety of goals: (a) firstly, it transforms the perspective of the average Muslim of the ‘Ulema as mere charismatic orator/entertainers into an authoritative class of jurists whose rulings should be taken; in other words, this fiqh council would assist laypeople who don’t follow the ‘Ulema into following them]; (b) secondly, it transforms MSA National from an organization that is heavily dependent upon local grass roots work into a truly national organization since it will have an authoritative national body of jurists who will issue fatwas; (c) thirdly, it forces ‘Ulema from various maslaks to sit at the same “table” on a frequent basis which inevitably assist in clarifying issues and statements and also leading to reconciliation in a progressive manner, thus fulfilling the methodology of Shah Waliullah (rahmutallah alayh) to reconcile the various Islamic methodologies and sciences into a wholistic, coherent vision of Islam; and (d) lastly, it creates a younger fiqh council comprised of ‘Ulema that understand our legal issues in America resulting in a more streamlined approach to fiqh.

Procedures Regarding the Fiqh Council

In order to make this MSA National Fiqh Council an effective institution, it should serve solely as a judicial function and not as a legislative or executive function (i.e. there needs to be a separation of powers between MSA National and this fiqh council). The MSA National Fiqh Council shouldn’t deduce rulings on its own accord, but should only be activated when legal questions are presented before it. In other words, the job of the Fiqh Council is not to police MSA National or MSAs and harangue them for not following a particular legal verdict. Instead, on a periodic basis (lets say every month), the ‘Ulema would gather and answer any questions and issue rulings after some deliberation concerning issues that exist within MSAs, between MSAs, between local MSAs or MSA National, or within MSA National itself. This will help remove the barriers of division and facilitate MSAs in working closer together in an integrated fashion.

Now, the fiqh council’s purpose should not be to issue a unanimous ruling, rather, the ‘Ulema on the fiqh council should issue rulings according to their own manhaj. For those lay people who don’t follow the ‘Ulema, when their is consensus or unanimity by the fiqh council, it will issue a clear and resounding message concerning the haram and halal (ex: women cannot lead men in obligatory prayers). For those lay people who already follow the ‘Ulema, they will have the benefit of getting all of the rulings of the various maslaks on the table so they won’t bash alternative opinions as being heretical simply because they haven’t become aware of them. Moreover, while each layperson will most likely end up sticking to only one particular maslak or scholar, the format in which the rulings are presented will instill within them a respect for alternative opinions as being equally authoritative. At the end of the day, people will take rulings from the opinion that convinces them the most. [We’ll have to discuss the problem of talfiq altogether in a separate discussion], which is still better than following no scholarly opinion at all or, conversely, following only one opinion and discarding the others as being deviant.

The Establishment of the Orthodox Islamic Tradition

By creating this institution at the MSA level it will definitely facilitate the growth of scholarship in the West since lay people will follow the ‘Ulema at a younger age (the collegiate level) and will learn the adab of respecting differences of opinion. It will also benefit the Muslim youth organizations since it will assist in the centralization of MSA National into a truly effective national organization as opposed to one that must leech off of local MSAs. It will also assist the overall American Muslim community since MSAs and MSA National will engage in actions that are Shari’ah compliant and this will have a trickle down effect into our respective families and Masajid and other Islamic organizations since MSA activists comprise the backbone of our society, thus making the practice of referring religious questions to the ‘Ulema. This will bring clarity to the community and enable it to attain more taqwa.

The fiqh council should definitely represent the various Islamic institutions in America (Deobandi, Al-Maghrib, Zaytuna, and Sunnipath) so as to create an accurate representation of the various scholarly traditions in the West while also incorporating their differences in a constructive and beneficial manner. It will be distinct from the various fiqh councils that have sprouted up nationally and locally since the ‘Ulema that comprise it are the most authoritative representations of Islamic orthodoxy in the West.

Closing Dua

May Allah (subhana wa ta’ala) raise up a leader amongst us who will end this fitnah and unite our Ummah. Ameen.

May Allah (subhana wa ta’ala) grant success to the promoters of this pledge in effectuating its goals. Ameen.

May Allah (subhana wa ta’ala) forgive our ‘Ulema and leaders of their shortcomings and shower His mercy and blessings upon them and grant all of them Jannat al Firdaus. Ameen.

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