KHUTAB III - 26. MASĀ’IL KHILĀFIYYAH

26. MASĀ’IL KHILĀFIYYAH

          What is meant by this term, masā’il khilāfiyyah, is controversial issues in Islamic jurisprudence. It deals with furū‘ (secondary minor and non-essential issues) in which no clear explanation found in the Qur’ān or the Sunnah (i.e. H.adīth, including the statements, deeds and tacit approvals) of the Prophet. It does not touch the roots or fundamentals of the religious injunctions. It emerges from the various interpretations of Muslim jurists on the divine texts (Qur’ān and the Sunnah).

          However, many people cannot make clear distinction between the roots and the branches, so that they think that the branches are the fundamentals, or become fanatical with the habitual practice of branches, so that they think or consider them roots. The examples commonly known in Indonesia are the issue of us.allī, namely, the pronunciation of the intention before reciting the takbīrat al-ih.rām, and the citation of qunu-t supplication at the fajr prayer, which are both non-fundamentals. In fact, not a single Muslim scholar in this world says that performing a prayer without us.allī or qunu-t supplication in the fajr prayer will make it void. On the other hand, not a single Muslim scholar says that performing a prayer with us.allī  or qunūt  supplication in the fajr prayer will make it void

But there are many controversial issues in Islam. These kind of minor issues will never end, but keep emerging with the emergence of new issues to be solved according to Islamic law. Masā’il khilāfiyyah cannot be eliminated. Even inside one madhhab (school of jurisprudence) there are many different opinions among the jurists of this school. Imām al-Shāfi‘ī himself, the founder of the Shāfi'ī school, had given different fatwá (legal opinion) on the same issue: his view when he was in Baghdad, was called qawl qadīm (the old view) and his view when he was in Egypt was called qawl jadīd (the new view).

Controversial issues and difference of opinions had been existing since the time of the s.ah.ā bah (companions of the Prophet), even in the time of the Prophet. As the Prophet was still among them their differences could be solved by asking him. His answer was either through revelation (al-Qur’ān) or from himself (H.adīth).

           As these masā’il khilāfiyyah exist only in furū‘ matters they should not create any enmity or dissension in the Muslim community. If any person exaggerates and exacerbates them, he is either a very ignorant person or has an intention to sow discord among Muslims. The difference of opinions among the Muslim jurists in these matters is so small, that Muslims everywhere pray behind their imams in the mosque disregarding what school he is following. In the Masjid al-H.arām people from different and various madhhabs pray behind one imām in one mosque. In Christianity we have Catholic and Protestant, apart from many other sects and denominations with their own churches and languages.

          The late co-founder of Pondok Modern religious institution at Gontor, Ponorogo, Indonesia, Kyai H. Imam Zarkashi, in his lecture about this issue of masā‘il khilāfiyyah gave some examples of solidarity among Muslims towards it, as follows:  

1.     In about the year 1930, the controversy on the possibility of using      local or Indonesian language for the translation of the khut.bah of the   Jum‘ah prayer was still very serious, and some people exaggerated it. This is understandable, as it was still the time of the Dutch occupation. Now, this is no longer an issue, and people no longer speak about it. Not long ago, a conference was held in the Mosque of Makkah (Mecca) attended by ‘ulamā’ from various Muslim lands where it was decided it was permitted to use local or national languages in the khut.bah of the    Jum‘ah, as long as its conditions and fundamentals are cited in Arabic.

2.     The whole people who pray tarāwīḥ in the Prophet Mosque in Medinah follow their imam till 8 (eight) rak‘ahs (units). Then those who stick to 8 (eight) rak‘ahs retreat and continue with their witr prayers individually. The imām keeps leading the prayers until 20 (twenty) rak‘ahs. Those who stick to 20 (twenty) rak‘ahs retreat and continue their witr prayers individually. The imām keeps leading the prayers until 36 (thirty-six) rak‘ahs, without any problem.

3.     During the pilgrimage season Muslims from different parts of the world     pray in the Masjid al-H.arām led by one imām in spite of different madhhabs they are following without any problem.

4.     Imām al-Shāfi‘ī showed his tolerance when he visited Baghdad after he had lived in Egypt. He was warmly welcomed by his followers in Baghdad and was asked to lead the fajr prayer. He did it without citing the qunūt. His followers asked him the reason for not citing the qunūt. His answer was simple but very meaningful, ta’adduban (courteousness). He did not want to offend those who disagreed with him in the matter of qunūt while they were praying behind him.

5.     Similar to this incident occurred with the late Prof. Hamka, former General Chairman of the Majlis Ulama Indonesia (Indonesian Council of Muslim scholars) when he visited and gave his da‘wah at Blitar. When he was asked to lead the fajr prayer he asked whether the imām of the mosque used to cite the qunūt. When he was told that the imām did, then he also cited the qunūt perfectly while leading the prayer. As a leader of Muhammadiyah educational and social institution he usually did not cite the qunūt, but he knew that the qunūt is not a fundamental issue, and he wanted to give an example of toleration in such matter.

6.     It happened that a group of guests consisting of nine people visited the Pondok Modern institution, among them were the alumni of this institution. The dialogue ran smoothly at first, until one of them said: “It is a pity, pak, that the alumni of Pondok Modern are less enthusiastic, or show weakness when they are urged to struggle.” “What kind of struggle?” asked K.H.[1] Zarkashi. “The struggle to purify Islam”, they said. At that time, K.H. Zarkashi asked: “What do you mean with the struggle to purify the teachings of Islam?”. They said, “.…To eradicate bid‘ahs (innovations) and conservatism.” As K.H. Zarkashi understood their intention to struggle in the field of masā’il khilāfiyyah he said: “If that is what you mean, we prohibit our students from struggling that way. In what way are you going to purify the teachings of Islam? In Nahdatul Ulama's way, or PERSIS (Persatuan Islam)’s way, or Muhammadiyah's way? Those who defend the use and citation of    us.allī before prayer are also doing it to purify Islamic teachings, and   the PERSIS who want to eradicate the uṣallī are also doing it to purify       the teachings of Islam.”  

7.     When a person suggested not to aggravate the masā'il khilāfiyyah in the conference of the ‘ulamā’ in entire Java, K.H Ahmad Siddiq, the prominent figure of the Nahdatul Ulama of Eastern Java from Jember said: "Sudahlah! (i.e., Forget about it!) This issue should not be discussed any longer. The masā’il khilāfiyyah had existed since long ago, and there is no benefit from touching on it.”

8.     Imām al-Sha‘rānī in his book al-Mizān al-Kubrá said that rubbing a part of the head (with wet hand in performing the ablution) is correct by following the injunction of Allah when He said اتقوا الله (“fear Allah”); and rubbing the whole head is also correct by following Allah’s injunction حق تقاته (“with true or appropriate fear”). Therefore, the masā’il khilāfiyyah should not be aggravated.

In the conclusion of his lecture K.H. Imam Zarkashi said that we Muslims have to be tolerant and compassionate with our Muslim brothers and sisters who hold different views in matters of masā’il khilāfiyyah. The government and Islam both require us to be tolerant with people of different religion, let alone with our coreligionists. However, with those non-Muslims who want to subject and conquer us, it will be proper to have a strong stand based on the Qur’ānic verse,

 مُحَمَّدٌ رَسُولُ اللَّهِ وَالَّذِينَ مَعَهُ أَشِدَّاءُ عَلَى الْكُفَّارِ رُحَمَاءُ بَيْنَهُمْ ... (الفتح , ٢٩)

 Muhammad is the Messenger of Allah. And those who are with him are severe against disbelievers, and merciful among themselves… (Q. 48:29)

K.H. Imam Zarkashi states further that we should not take the opposite stand obeying the incitement of Dajjāl (Antichrist) and the enemy, by showing more hostility towards Muslims rather than non-Muslims. People who have started praying, although not exactly the same with the way we pray should not be ridiculed, reprimanded, or shown hostility. The Qur’ān teaches us to be wise in calling people to Islam. He cites the Qur’ānic verse,

ادْعُ إِلَى سَبِيلِ رَبِّكَ بِالْحِكْمَةِ وَالْمَوْعِظَةِ الْحَسَنَةِ وَجَادِلْهُمْ بِالَّتِي هِيَ أَحْسَنُ

 إِنَّ رَبَّكَ هُوَ أَعْلَمُ بِمَنْ ضَلَّ عَنْ سَبِيلِهِ وَهُوَ أَعْلَمُ بِالْمُهْتَدِينَ (النحل : ٢٥)

 Invite (mankind, O Muhammad) to the way of your Lord (i.e., Islam)  

with wisdom and fair preaching, and argue with them in a way that is better.

 Truly, your Lord knows best who has gone astray from His path, and

 He is the Best Knower of those who are guided.  (Q. 16:125).

In teaching children how to perform the prayer, K.H. Imam Zarkashi contends that according to pedagogy, it is not allowed to tell them about the masā’il khilāfiyyah. They should not even be told about what wājib (obligatory) is and what sunnah (recommended) is in the prayer. What is important is to teach them how to pray in the best possible way. When the children grow up, then we can teach them what is wājib, sunnah, makrūh (reprehensible) and things that invalidate the prayer. This is the reason when it is mentioned in the Book of Fiqh vol. 1 that the teachers are not allowed to explain masā’il khilāfiyyah. When the students grow up and read themselves the opinions of the 'ulamā' (Muslim scholars) and their arguments upon which they base their view, they will understand themselves the position of the masā’il khilāfiyyah. (Assalam, No. 1, Agust, 2006).

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[1] K. is the abbreviation of Kiyai or Kyai, a title of respecdt given to the ‘ulamā’ (Muslim religious scholars), especially in Java. H. is the abbreviation of Haji, a title of respect given to a Muslim who has performed the ḥajj (the pilgrimage to Makkah).