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ConTextual and Historical Significance of Nigerian Arabic IntellectualHeritage: A Case Study and Translation of Danfodios Moderate Fiqh

Discourse inNajm al-Ikhwn

BY

Muhammad Awwal Umar, Ph.D.

Senior Lecturer,Department of Nigerian and African Languages,

Faculty of Arts,Ahmadu Bello University,

Zaria - Nigeria

[email protected]

[email protected]/08022652601

February, 2009
mailto:[email protected]:[email protected]:[email protected]:[email protected]


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ConTextual and Historical Significance of Nigerian Arabic IntellectualHeritage: A Case Study of Danfodios Moderate Fiqh Discourse inNajm al-

Ikhwn

ABSTRACT:

This paper is an attempt at explaining the socio-textual and historical significance of Nigeriaintellectual heritage in Arabic. The work is based on Najm al-Ikhwn, which is one model oftextual evidence of such a heritage in historical perspectives. It contends that issues whichemerged out in the course of actualizing the main objectives of the Jihd in the 19th centurywere moderately conceived and executed.

As a clear evidence of scholarship, the original author of the manuscript, had studied Fiqh inits wider perspectives and reinterpreted the entire social setting of Hausa land accordingly. It is

stated here that historical, sociological, political, economic and spiritual factors were highlyconsidered in all conceptualization and explanation of social issues in authoring the Arabic textof the manuscript. As this paper wants to state, Fiqh was the main extra-linguistic theoretical

premise of Arabic documents and the historical processes were the analytical tool of itsdiscourse.

Some conclusions are drawn from the thesis that takes in the texts of Arabic manuscripts inNigeria as pragmatic in the sense that they are still performing certain historical actions forreconstruction of history.

The paper takes chapter two ofNajm al-Ikhwn as a case study to explain this concept ofsocio-textual interface.

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1. 0 INTRODUCTION:

This research establishes the notion of globalisation of Arabic and Islamic scholarship beyond

the limit of Arab world. It explains that Najm stands a clear evidence of the significance of

Nigerias Arabic materials historically, culturally, politically, religiously and intellectually. The

research also conceives that history is a repetitive phenomenon. For instance, the same

historical factors which led to compilation ofNajm in the 19th century are resurfacing today.

There is still lack of accurate understanding of Islam and its socio-cum-religious functions.

Ignorance is becoming more cancerous. Intolerance is the order of the day. Arrogance is so

prevalent that most of those who assume the role of scholars are no more than claimants.

Thus, sectarianism, fanaticism, blind and empty arguments about issues of concern to Sharah

are the main ingredients breeding misconception about Islam. These are some of the socio-political and religious problems discussed in what follows ofNajm chapter two in its attempt

at redressing issues.

1.1 The Author of Najm al-Ikhwan:

Sheikh Uthman was too known in African history. (Hiskett: 1973 and 1984; Johnston:1978;

Kani and Gandi:1990) As we have stated somewhere (Umar: 2002) The full name of the

Sheikh is Uthman b. Muhammad Fodio b. Jubbu b. Muhammad Sambo b. Ayyub b. Masiran

b. Buba Baba b. Musa Jakolo. He was a Fulani by origin from Futa Toro. (Bello: 1964). The

was Sheikh was born 1755. (Al-Ilori: 1978; Galadanci: 1982 and Balogun: 1975) According to

Abubakr (1972) the date of Sheikhs birth was in 1745. (Hiskett:1963) He was very scholarly

man. He started early education at home. He studied almost all the branches of Islamic

subjects available in his environment. Later, he led the reform movement which resulted into a

Jihd in 19th century. As a scholar, he peregrinated in Hausaland for preaching, teaching and

mobilisation of masses. He had compiled numerous treatises and manuals for Islamic revival.(

Sulaiman: 1986; Hiskett:191984; Trimingham: 1974 and Bello:Rawdatu,) Najm al-Ikhwn is

one of his Arabic master pieces. It is intended to consolidate the Jihdgains. (Amoloye:1993Malumfashi:1989 and Umar:2000)

1.2 The Manuscript

The document is called Kitb Najm al-Ikhwn Yahtadna bihi bi Idhni Allh f Umr al-

Zamn. Hereon, it is referred to as Najm. The text was compiled in 1227, AH/1812, CE.

( Hakimah and Aidah: 1965 and Hunwick: and OFahey. 1985). Methodologically, this paper

provides a translation ofNajm chapter two and textual analysis. The analysis is made on n

edited copy of the manuscript. The translation is not only annotated but also a context-

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dependent. In this case, the text is situationalzed in the historical and religious,

cultural and political development of Hausaland since the 19 th century, CE.

2. 0 The Text in Translation: A Criticism of Blind Argument and Explanation of All-inclusive Categories ofSharah

I shall state - and pertinence belongs to Allah - that you should know, my brethren

that blind argument causes loss of many benefits, and made one to refute some of the

Sharah schemes by his agitation. As such, one would be in the list of those who reject the

Sharah in view of the notion that the Sharah contained three hundred and thirty ways.

According to Abd al-Wahhab al-Sharani, in Bahar al-Mawrid f al Mawthq wa al-Uhd:

We have given promises that we would not allow any of our Companions to start acontroversy in ignorance with anyone on account of the declaration of the Prophet (SAS).

that nobody agitates in the religion except the hypocrite or incredulous in his religion. In

fact, we have restricted criticism of controversy with the phrase without knowledge to

exclude a person who argues about the religion of the Exalted Allah on knowledge because;

that is obligatory. A servant (of Allah) who has obtained certain level of knowledge, and

argues about the religion intellectually cannot be described among the knowledgeable ones

until he knows all the various systems of Sharah. According to a Hadth, the Sharah is

revealed in three hundred and thirty ways. A servant (of Allah) may go to Paradise by

meditating to his Lord by anyone thereof. The Hadth is related on the authorities of al-

Bukhari, al-Tabari and others.1

Therefore, any body who knows all these ways and sees another one which contradicts

the rest, has a reason to argue. But in the case where he is ignorant of even one way, he

ought not to argue for the possibility that he may refute one of the ways by his argument and

abandon working with it and therefore miss a lot of benefits; as such, he becomes one of

those who repudiate the entire SharahFurthermore, he (al-Sha'rani) says: the debate of al-Muqallidn (the imitators)2 of

the four Madhhib 3 (schools of thought) and their like may be related to the category of

blind argument, since their rejection of one anothers evidence may be based on logical or

linguistic view, to the extent that one rejects the other school, thinking that it is out of the

Sharah. had it been that they read the entire system of the Sharah, they would have

realised that the entire Madhhib4 of Muslims are all part of the Sharah no single

statement of their' s is out of it, as we have explained in the preface of our book Kitb Kashf

al-Ghummah an Jmiu' al-Ummah5 Allah knows best.6As I have stated it in view of the

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existence of various systems of the Sharah which are the sources to which Muslims Made

reference, the authoritative and righteous Sheikh Izz al-Din Ibn Abd al-Salam7 has stated

that: it is difficult to get a proof to disapprove of people, it is really hard, because

disapproval is relative to what is either obligatory or prohibited. Anyone who does what isbeing disagreed on its obligation, or does what prohibition is being disagreed on, if he did it

in imitation of one scholar, in a matter which contradicts the opinion of that scholar he

should not be reproached if he is ignorant, and there is no harm to guide him to the correct

thing. The reason why he is not being condemned is because he did not commit what is

prohibited. He certainly has no obligation to follow the one who has declared prohibition or

obligation.

My question is that what is the legal decision on one who has rightly performed [areligious] action in ignorance and not in imitation of one of the scholars ? The answer is that

Ibn Abi Hamzah al-Asdi had stated in Bahjah al-Nufs, a commentary on al-Bukhri, thus:

... scholars had actually disagreed at three levels on [the case of] one who has performed

an action rightly but in ignorance: to some scholars there is a reward for him. The evidence

given is that the action is what is has been ordered. Anyone who obeys an order has a reward

for compliance; to some he is sinful. The reason given is that the Almighty Allah cannot be

worshipped in ignorance. Thus one should perform with knowledge. The almighty Allah says:

... Do ask those who know if you do not know.... Therefore, he has committed a prohibited

action by performing in ignorance and that is a sin. To other [scholars] such a person has no

reward and punishment. The reason given is that he has not done a prohibited action and so

is not sinful. However, he should not perform anything in ignorance. If he did not obey there

is no reward for him.

According to Talkhis al-Ikhwn: ...differences of scholars [opinions] is a

blessing.... I would say whoever knows Prophets statement (SAS): ...differences in my

community is blessing... would not do three things: 1) He would not reject one who choosesan opinion of one of his schools contemporaries, 2) he would not reject one who chooses an

opinion of Companions of another school and 3) He would not insist on cases of

disagreement. In the first place, it is said relating to one who imitated and followed a school

that he can choose opinion of the schools Companions. As such, he had certainly imitated

the whole school. On the other hand, the opinion of Ibn Arafah according to Ibn Hamzah is

that: ...[Scholars] agreed that anyone who followed cheap [opinion] is a hypocrite and

repulsed because of the opinion of the authoritative Sheikh Izz al-Din Abd al-Salam that a

common person is not obliged to imitate an Imam in cases of disagreement. the point is that

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right from the period of [prophets] Companions people used to ask late scholars

about what was happening to them and no one rejected. it is all the same whether he takes

the cheap opinion or the strong one. This is because, the one who makes a certain opinion

the only correct one, does not specified it. Also, he who says that every diligent scholar isright, means there is no objection in following the correct thing.

According to Abd al-Rahman al-Suyuti in Sharh al-Kawkab,40 there are two opinions

in relation to the question that is it permissible to one who is not a diligent to stick to a

particular Madhhab from among the Madhhib of diligent scholars? In the first place, the

answer is yes as he confirmed from Jam'u al-Jawmi. The second answer is no and which is

preferred by al-Nawawi, as saying that the evident point is that one is not obliged to follow a

particular Madhhab. Instead, one may consult whoever one wants. He asked further thatthere are some opinions related to the question that if one pursues a particular Madhhab,

can he leave it? The first answer is absolute permission as it is ratified by al-Rafii. The

second is absolute prohibition: because he has bound himself to it. The third opinion is that

it is allowed only in all matters and not in parts. In the case were we have allowed one to

secede, the exact point is that one is forbidden to keep following cheap opinion in the

Madhhab. This is because if he keeps taking the simplest opinion, he would become a

debaucher. However, it is said that it is allowed, and one is not a debaucher, as he has

narrated in al-Rawdah8.

According to al-Ajhuri, al-Qarafi is contented with permission in Sharh al-Tahqq9 on

three conditions that; there should be no single feature between them which contradicts

unanimity,10 such as in the case where one gets married without al-Wali (guardian), or al-

Sadq (dowry)11 and or al-Shuhd (witnesses).12 He should also not believe that the one he

follows is the best and should not take the cheap opinion in the Madhhab. This is because

the entire Madhhib are one means to Paradise, whichever way one follows, he reaches it, as

stated by al-Zannati.According to al-Ajhuri one should not follow cheap opinion if by cheap he intends

what contradicts a judgement. That is divided into four: what contradicts unanimity or rules

or original text or analogy.13 However, if by cheap, he means what implies simplicity for an

adult, then, on which basis his criticism of one who follows Maliki in the issue of water and

excrement and disregards pronouncement (of agreement) in contracts stands in contrast to

the Sharah of the Almighty Allah, which is not so? This is the end of al-Qarafi's statement

in Sharh al-Tahqq as concluded by al-Ajhuri in brief.

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According to him (al-Qarafi) this implies the opinion that imitation is

preponderantly allowed in line with the fore mentioned condition on account that cheap is

not what breaks the ruling of a judge and not what contains simplicity. As such, any case

which does not contradicts the unanimity, or rules, or original source, and or a clearanalogy, imitation is therein permitted. This is the convention in most of the cases, but what

ever invalidates the ruling of a judge, becomes only applicable otherwise.

According to al-Ajhuri one should not follow cheap opinion if by cheap he intends

what contradicts a judgement. That is divided Furthermore, al-Ajhuri stated that al-Qarafi

has mentioned in a book entitled; al-Ihkm f Tamyz al-Fatw wa al-Ahkm, that: the

general legal opinion in Maliki school, is objection of transfer from Maliki school to that of

al-Shafii in the same and one case, the reverse is also the case. al-Ajhuri commented: butal-Qarafis position in Sharh al-Tahqq implies that the dominant opinion is contrary to this,

which is the same as what happened to Ibn al-Qasim, (RA). Ibn al-Qasim has Advised Abd

al-Majid to offer an expiation (al-Kaffrah)14 when the latter swore by Allah to trek to

Makkah, but failed to do it. Thus Ibn al-Qasim told him that: I have Advised you on the

basis of the opinion of al-Layth; but if you do it again, I will only tell you according to

Malik's opinion as regards the obligation to trek to Makkah.

According to al-Qarafi, it is unanimously agreed that anyone who becomes a Muslim,

has the right to follow any scholar he likes without any objection. The reason is that we

should not fall victim of suspecting the scholars unjustifiably, and thus make their opinions

look as if they are out of the Sharah.

According to Abd al-Aziz in al-Durar al-Multaqatt the four schools of legal thought

are all correct. Every diligent scholar is correct. Anyone who imitates an Imm among them,

may as well, imitate another one especially in case of necessity. Of course, some scholars

object to this [opinion] saying that, one should follow no other Imm than his own, but the

correct position in this matter is of three levels: The first is the level of pious scholars whichwe have actually found some of our Sheikhs complying with it. It is that which one should

take caution and follow serious matters in the Madhhab. Thus, one should wash the right

hand and embrocate it (in ablution) because it is a filth according to Malik. One should also

wash clean the urine of what meat is not allowed to be eaten, because it is filth according to

al-Shafii. Thus one should wash hands very well. One should also do everything to

completion and avoid what is disagreed upon its prohibition. The second is the moderate

level, that is, one should follow only one Madh'ahb and stick to it. The third level is that one

should not take the cheapest and simplest way in each Madhhab. There is no harm in that in

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case of necessity. However, we have not seen anyone, from the followers seeking a legal

opinion to be allowed to follow another Imm even in time of necessity. The entire Sahbah

have agreed that if one can ask Abu Bakr and Umar and follow them, then one can also ask

Abu Hurairah, Muadh Ibn Jabal and others without any objection. Whoever questions thesetwo unanimous opinions should provide an evidence.15 Abd al-Wahhab al-Sharani has stated

in Al-Bahar al-Mawrid f al-Mawthiq wa al-Uhd that: we have given promises that we

would not prevent anyone of our Muslims brethren to stick to one Madhhab at expense of the

others; instead, we should confirm whatever action they did as long as they are within the

context of the (teachings) of the diligent scholars. The fear is that we may fall into the

prayer of the Prophet (SAS). where he said: O Lord! make things hard to anyone who makes

things difficult for my community. The same is the case with any jurist who invalidatespeoples worships, or their deeds, and or their marriages which the Sharah does not declare

null, neither the scholars are unanimous on denouncing it. But again, he asks them to stick to

one and only Madh'had in which there is no specific Tradition or authority. 16 He (al-

Sha'rani)- stated in the fore mentioned book thus: We have given promises that we would

not order anyone of our brethren to repeat a prayer which is correct in one of the schools of

legal thought.

According to Abd al-Aziz, some where in the above mentioned book: The correct

opinion is really that an imitator is not allowed to move from one Madhhab to another;

however he is allowed to imitate in some cases, but stick to his Madhhab, and there is no sin

on him. Yet, the cautious thing, is for one to stick to one Madhhab and should not transgress

it, in the sense that he takes the serious and cautious way alternatively from each Madhbah.

Abd al-Aziz has also stated in the same book in Chapter on Disagreement of al-Madhhib

thus: The Almighty Allah has sent Muhammad (SAS.) and revealed the Qurn, a tradition

or a one Hadth is not subject to interpretation17 as such disagreement occurs, due to the

richness of Arabic language in terms of figurative speech and the various channels of Hadthreportage. Therefore, wherever there is no revelation, analogy takes precedence. When the

Messenger passed away, the Companions disagreed on few matter, so there was little

disagreement at that time of the Companions. But, there was no one who had stuck to a

particular Madhhab no longer than the Companions passed away, too, a lot of disagreement

began to emerge with al-Tbi'un.18 By the third century (AH.) the scholars reached a

consensus to choose these four Madhhib in the year two hundredth of the Hijrah and the

rest of the Madhhib were abandoned in order to minimise disagreements. In fact, the entire

Madhhib are correct, and every diligent (scholar) is right. In my understanding, his

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statement the scholars have reached a consensus to choose these four Madhhib and

abandon the rests of the Madhhib should not be understood to mean that the rests are

void. If you re-examine the view of al-Sha'rani that `had it been that those who agitate in the

entire systems of the Sharah in ignorance, have considered it (well they would havecertainly found out that the entire Muslims Madhhib exist within the content of the

Sharah. No single opinion of theirs is out, as has been discussed.

Consider the view of Ibn al-Juzzi19 in al-Qawid after he has mentioned that the four

scholars are the guides for the Muslims the world over. They are unanimously more deserved

to be followed and supported. He then called attention to others among the Muslims scholars

such as Sufyan al-Thawri,20 al-Hasan al-Basri,21 Abdullah al-Mubarak, Is'haq b.

Rahawiyyah, Abu al-Thawri,

22

al-Haqqi

23

Dawud Ibn Ali Imm al-Dhahiriyyah

24

, al-Laith Ibn Said,25 al-Awzai, and the likes, may Allah bless them all. Each one of them was

obedient to the religion of Allah. It is said in Abd al-Rahman al-Suyuti al-Kawkab al-Sti.

that Malik, al-Shafii, al-Hanzli,26 Ishaq and al-Luqman, Ibn Hambali, Ibn Utaibah together

with al-Thawri, Ibn Jarir and al-Awzai,27 al-Dhahri, and the rest of the scholars are all

guidance and bless from their Lord.

According to Abd al-Wahhab al-Sharani in al-Yawqit, 28 thank to Allah, I have

actually scrutinised the evidences of diligent scholars and found no single branch of their

schools that is not being related to a source. it is either a verse, a Hadth, a tradition and or

a correct source. However, some of their opinions are being taken directly from a Hadth, a

Tradition, and analogy and the like. Some of their opinions are either very near or and may

be very far from the source, yet for certain, it is all being obtained from the spectrum of the

Sharah light, which is the source. 62 Moreover, Abd al-Aziz has explained in Al-Durar al-

Multaqatah in a Chapter of the Causes of Disagreement among the Madhhib: you

should know that where a mater is revealed in the Book of the Almighty Allah (i.e. The

Qurn) as a source which may not be interpreted, no single scholar, from among theUlamu, will ever disagree with it. For example, the statement of the Almighty Allah thus:

pilgrimage thereto, is a duty mankind owe to God.29 But where ever a case is mentioned in

the Qurn in a clear wording, which may be reinterpreted, disagreement may occur at the

level of reinterpretation, as it is the case with the statement of the Almighty Allah, or ye

have touched women and ye find no water. Abu Hanifah explained that touching here, means

coition. The same is the case with the statement of the Almighty Allah thus: when ye marry

believing women and then divorce them before ye have touched them...30 touch here

unanimously means coition. According to the school of al-Hanafi, touching a woman does

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not nullify an ablution. But al-Shafi'i took the obvious of the statement and explained

that touch, means contact of two bodies; yet, Malik reinterpreted it to mean a caressing in

desire, saying that if the touching occurs in desire, it nullifies ablution31.

However, if a matter is being brought about in a Hadth, with variation of narration,such as the case with al-Basmalah 32 each Imm may take the version which is correct to him.

Where the case is not mentioned in the Qur'n, not in a Hadth and neither it is being agreed

unanimously by the Ulamu, the al-Istidll (inference) should prevail, that is a semantic

process to deduce a point from the source. As such, anyone may take the analogy which is

prevailing to him, for Allah wills leniency for this community; thus he Made its Messenger an

Arab, because the Arabic language is rich, there is real and figurative speech, as well as

there are a synonyms and antonyms (al-Mutardif and al-Mutanqid)

67

and he made thehorizon of the Ulamu a wide one. Thus, each diligent scholar is correct. Therefore, the

entire Madhhib of the Ulamu are all correct in their fields.33

Let us look back at our early categorisation of the a fore- mentioned three issues. The

proof of the first and second have actually been explained by us in accordance with the

opinion of the Ulamu, whom we shall discuss their views about the proof of the third

category. That is not to create difficulty in matters of disagreement, for everyone who knows

the saying of the Prophet (SAS) that disagreement of my community is a blessing.34 It is for

this reason that Abd al-Aziz has stated in Al-Durar al-Multaqatah thus: anyone who does

not follow another Madhhab than his own, has really made what Allah had made wide open

a narrow thing for himself. All the Madhhib are correct. Anyone who makes matter hard,

Allah may be harsh to him. Allah so wishes that there may be some disagreement which may

result into easiness. That is why Allah has sent a Book in Arabic, and the Arabic language is

rich and replete of various meanings.

Abd al-Wahhab al-Sharani has stated in Bahar al-Mawrid f al- Mawthiq was al-

Uhd: we should not insist on wiping out what is rejectionable unless there is unanimityprohibiting it, or that it may cause destruction, here and hereafter, such as exposing people

to a judge, or unjust confiscation of properties, and bastard daughter, extortion and robbery,

invalidating a congregational prayer in a regular mosque, and things like that. But where

there is no unanimous prohibition, and doing it will not affect the system of religion, such as

drum-beating, playing pipe, and listening to songs at pleasure moment and that at the birth

of Sheikh whereby people meet, like that of the birthday of Sayyidina Ahmad al-Badawi and

likes the case here is simple... Afterward, he said: I heard Sayyidi Abd al-Qadir al-Dustuti

(R.A) as saying: the main reason for prohibiting listening to the musicals, is because it may

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hinder people from their occupation which gives them gain, here and there after. But in

the case where the musicals are the means in themselves for obtaining a living with, it is a

simple matter.35

According to Abd al-Wahhab al-Sharani, again in Hshiyatu Kashf al-Ghummahan Jmiu' al-Ummah: `all that the Exalted and Almighty Allah has prohibited of

entertainment and like, is really being furnished out to prevent idleness and crippling the

aims of Shari'h. In the case where it is not detrimental to one's interest, or it becomes a

profession by which one is seeking the bounty of Allah, it is also a simple case. In fact,

Ulamu have talked a lot about this; some of them have advocated the absolute

prohibition, but others classified the matter. Ibn al-Arabi has stated in al-Ahkm f Bayn

Hukm Darb al-Tubl thus: drum beating is of two categories, in war drum beating, there isno problem, because it strengthens minds and scares the enemy. But in marriage drum

beating, such as tambourine which if accompanied by a decent song, and is void of vulgarity

and womens exposure to men, it is allowed .Abd al-Aziz has said in al-Durar al-

Multaqatah thus: It is actually reported in the sound Hadth (collection) that the ladies of

al-Ansar were beating drum in the presence of Allah's Messenger (AS) as a matter of fact, in

his house, and he did not object it. It is reported that Abu Bakr (RA) has not condemned it as

saying that let them, since it is an Id day to them. It follows that whatever is allowed in

marriage is also allowed otherwise. It is mentioned in Abd al-Wahhab al-Sha'rani's Kashf

al-Ghummah an Jmiu' al-Ummah in a Chapter on Women Playing Tambourine for the

Arrival of Traveller and the Like: Buraidah (RA) said thus: the Messenger (SAS). went

out on one of his campaigns, as he returned home, a black bond-maid said to him: o ye! The

Messenger of Allah, I have really promised that I shall play a tambourine and sing for you

whenever Allah brings you back in safety. Then the Messenger of Allah (AS) said: if you

have actually Made a promise, you may play; but if not, do not. Thus, she started playing

on, up to the time Abu Bakr, Aliyu and Uthman came in she was still playing. But, as Umarentered, she hid the tambourine under her thigh and sat on it. Thereafter, the Messenger

(AS) said: oh ye Umar, Satan is certainly afraid of you. She has been playing while I was

here sitting, then Abu Bakr, Aliyu and Uthman all came in she was still playing, not until

you entered, then she dropped the tambourine.... It was reported from Anas Ibn Malik (RA)

in Ab Abdullah Ibn Majahahs collection in Chapter One Singing and Tambourine that the

Prophet passed by some dwellings in Makkah, and thereat, he saw some bond-maids playing

their tambourines and singing as saying:

We are the bond-maids from Najjar clan,

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Oh what a lovely neighbour is Muhammad.

Allah knows that I really love you said that the Prophet (AS). From what is reported from

Amir, in the collections of Abu Abdullah Ibn. Majahah in Chapter on Ghalas he said: I

saw Iyd al-Ashari at a festival in Aqbar and he said: what is the matter with you, I do notsee you feasting as it has been done in the presence of Allah's Messenger ...

According to Qais Ibn Said (RA) in the same source, he said thus: "there was

nothing which was celebrated during the time of Allah's Messenger (AS) than the eve of Id

al-Fitr. At this point, Abu Abdullah stated that people are saying that drum beating is [part

of] the feasting.36 Should you say that your brother, Abdullah, has said in Diy al-Sultn, 37

whereby he quoted you from Misbh Ahl al-Zamn38 that this Hadth being your evidence,

shows that there was a feasting for the Prophet (AS) on the day of al-Id. The Hadth on drumbeating as cited here, is a probable39 one or perhaps is not exact,40 and or is a abrogated41

Hadth; otherwise, the generality would not have abandoned it. Well, the answer is that his

explanation that it is a probable one, or inexact and or abrogated is true; yet it would have

been better had he restricted it, and say according to them (i.e. the generality); because it

does not follow that a Hadth is not exact or being abrogated due to the fact that the

generality have abandoned it. It may happen that a Hadth may be inexact to some others. I

have actually taken it as an evidence after I have confirmed that other than the generality

has allowed that in matters other than marriages. Abu Hasan al-Maliki has commented in

Tahqq al-Mabani on what the authors said about disagreement on drumming in marriage,

as whether it is allowed in matter other than marriage, such as in festivals, circumcision and

the arrival of a traveller or not. The popular opinion is negative. In this context, tambourine

is the same as drum. Abu al-Hasan al-Maliki has also stated in Tahqq al-Mabni about what

the authors said that al-Khafaji has explained the issue of listening to music and playing

thus: I do not know a clear verse from the book of Allah, nor a clear and correct Hadth

from the Sunnah which prohibits what the author has mentioned. it is rather a generalphenomenon (of life) by means of which relaxation is obtained; but for certain, there is no

absolute evidence. Therefore, as there are some clear proofs by which our contemporaries

indicate the permission in fact, the predecessors and great men have listened to Stanza with

melody. Malik Ibn Anas (RA) was one of the predecessors who have Advised for the

permission. The entire Hijz based scholars have also permitted singing.

However, it is unanimously allowed for mourning. In fact, there are traditions being

reported on that which have relation to this. Al-Ghazali has brought a metre in prosody

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called al-Bahar al-Zakhrif and quoted all that being cited in favour of prohibition in

evidence, as well as he responded by correct answers impeccably.

Abd al-Azz has stated in al-Durar al-Multatqatah thus: playing tambourine is allowed. It

is really reported in Hadth on marriage; has it been prohibited, it would not have beenallowed in marriage. Nevertheless, the fact that it is allowed in marriage, indicated the

permission otherwise. Being allowed for women indicates that is more so for men.

According to Muhammad Ibn Yusuf al-Mawaq in Sunan al-Muhtadn, Ibn al-Arabi

has explained in ridatu al-Ghin: it is not prohibited because the Prophet (AS) has

actually listened to it. Anyone who exaggerated it above what was in the era of the Prophet

(AS), say by carrying al-Tambr (Guitar/Harp) and like, is affected by what Abu Bakr has

described as Satanic flute in the house of the Messenger (AS). However, this does notinfluence its prohibition; because it is all an instrument which the weak mind have

attachment to it. Thus, the Sharah allowed it. Abd al-Aziz has explained it in Durar al-

Multaqatah: there is a long disagreement among the Ulamu on the issue of listening to

a melodious song, pipe and tambourine which has the sound of brass and the like in the

musicals.

According to the Maliki school, it is all prohibited. That was what his (Malik) men

have been issuing legal opinions with for precaution; because the mischievous ones may

pretend to be righteous. As such, they may take it as an evidence. In Shafiis school, there is

disagreement; to some it is prohibited, while hold that it is prohibited. The grand jurists are

responsible for this opinion. Then he said: the fact that happened in the time of the

Messenger (AS), and as he did not object it, is the source of its permission'. Afterward, he

stated: the moderate view in this matter is listening for anyone who wants the truth without

partisanship. Listening to all the musicals is allowed; because there is clear source being

reported for prohibition, neither is the unanimity on the prohibition established. Moreover,

the Messenger (AS) has listened to the poems of Hasan Ibn Thabit77 and the like. Again,tambourine was plaid for his (AS) Pleasures. That should be enough from one point of the

Sharah. In essence, whatever contains good intention and makes the mind tending to the

Almighty Allah, is one of the means of goodness. Abu al-Hasan al-Maliki has commented in

Tahqiq al-Mabni on what the author said: and listening to amusement materials such as

al-d (lute) and flute. : the permission for listening is being reported from Malik.

According to al-Qastalani, in Irshd al-Sri, a commentary on al-Bukhris at where the

Almighty says: ...but when they see some bargain or some amusement, they dispersed head

long to it... 42; the implicit meaning of amusement here, is drum beating to announce the

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arrival of caravan. The verse was revealed when the caravan of Madinah arrived in the

days of Alliya at the time the Prophet (AS). was delivering a sermon. The entire audience

attended to it as they heard the drum, the exception was only twelve men.43 Should you

inquire what is the legal position of one who advocates the prohibition of amusementinstrument? The answer is that if he does not object it in view of prohibition to those who use

in imitation of the opinion of who allowed it, his opinion is correct. This is because, the

popular opinion in the four Madhhib, is its prohibition as stated by Abd al-Rahman al-

Suyti in Ta'arf al-Fih bi Ajwibati al-As'ilah al-Mi'ah. We have really quoted a lot of

evidences from those who advocated the prohibition in our book Misbh Ahl al-Zamn 44, the

same as we have cited a lot from those who allowed it in this book. Earlier, and in

confirmation of its indictment, we have mentioned the opinion of Abd al-Wahhab al-Sharanifrom this Hshiyatu Kashf al-Ghummah an Jmiu al Ummah where he said thus: it is

thereby a simple case, for the fact that there are many explanations on that from the

Ulamu. Some of them prohibited it absolutely, while some allowed it, and others

classified the matter. We have not cited to you the lot of the proofs on permission of the

amusement instruments in this book in order to encourage it. The fact is, the two positions

are not substantial in the religion. Our aim, therefore, is not to let anyone object to those who

follow a scholar who allowed it. Also, one should not criticise the Awliy (Sufists) who play

those instruments, because, and for certain, Allah protects them away from its bad features.

instead, He showed them its hidden secrecy, and they are too clean to be abhorred by the

Almighty Allah.

In al-Muhdart, al-Hasan al-Yusi explains the story of Abdullah Ibn Sahnun on

playing the amusement instruments each day as saying thus: he was either driving some

mystery and meaning from those sounds, or it was an aesthetic situation that comes to him a

time, and or he was a grandee Sufi, thus he attained a royal moment. This is the end of his

statement in brief. He also said in the above mentioned book : the similar view is whatImm Abu Bakr Ibn al-Arabi has narrated from Sheikh Abu Hasan al-Jawhari in Sirj al-

Muridn that one night some instrumentalists spent the night in his neighbourhood, to extent

they distracted him away from his meditation. So, when he sat down in the morning in his

Majlis (assembly) he explained: last night, at out neighbourhood, some people have

engaged our ears with knowledge and wisdom. One of them said: L, L, L, and another

one said: L wa Lak while the other chanted the same continuously to the point, the entire

assembly was full of various wisdom, amusements and delight. This is the most wonderful

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gift of Allah to His close servants. For really Allah has eliminated its bad features from

him and showed him the hidden mystery therein.

A sign is there in everything to show,

That He Is The only One.45

3. 0 DISCUSSION

This chapter investigates blind argument in matters of reference to Sharah and its

operation in a society. It also accounts for schemes of Sharah and its manifestation. As we

note that this chapter is an elaboration of what the Sheikh has epitomised in his introduction.

Succinctly, the author states that one should not discuss issues of interest to the Sharah in

ignorance. This implies the necessity of acquiring basic education in Islam. The author relates

this reflective view to dissertation of al-Taqlid(imitation) of a school or scholar. (.Jalli, 1988)Talking about al-Taqlidgrounds for the thesis of al-Ijtihd(diligence). For instance,

the author explains that one can not be described as fomenter or partisan because one follows

a particular school or scholar.(Najm: Chapter One) We understand that agitation here, means

resorting to confutation logical or linguistic basis which can lead to dispelling other juristic

view-points offered by other schools. The question asked, here is what is the case with one

who acts in ignorance and by chance acts correctly..." (Ibid.) Ibn Abu Hamzah al-Asdi, who

classifies the matter into three categories offers the following answers:

a. The person may be rewarded, because he has done what is required bythe Sharah.

b. The person is guilty, because Allah cannot be worshipped in ignorance.c. The person may receive no reward, but is not guilty.

The point is that the author is not a partisan to any school or scholar. As far as he is

concerned, anyone who knows theHadth, cited above, will not arraign anyone who chooses

to follow another school or scholar. A learned person will not be strict on matters, which arecirculated by many interpretations. At any level, one should be able to distinguish between

what is a school from the Sharah. We have earlier stated that the main factor responsible for

the emergence of schools of thought in Islam was spread of the religion to other nations

which have obtained a great level in ancient civilisation. Therefore, the other factors which are

best described as internal include: a) the political crisis resulting from the contention of who

was more qualified to fill the vacant office of leadership after the death of the Prophet (ASS).

This led to emergence of the most politically conscious groups in Islamic history, such as the

Shi'ah and al-Khawrij which were further more, sub-divided into sects. In the case of Shi'ah

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there emerged al-Zaydiyyah and al- Ism'iliyyah and al-Alawiyyah.Al-Khawrij

in its turn is sub-divided into sects such as al-Azriqah, al-Suffariyyah and al-Ibdiyyah.

(.Jalli,1988:151 - 240, 245-262, 265-306 and 311-325)

Another internal factor was the intellectual exploration. This is an attempt at

understanding the contents of both Qur'n and Sunnah on account of their objectives and

application in practical life as it is embodied in Sharah. (Amin, 1975:225- 234-5)describes

the circumstance which has led to emergence of these schools as a distinct phenomenon in

Islamic epistemology:

The Messenger (SAS). passed away and revelation is cut off whilethe Islamic world was expanding a great deal: Damascus wasconquered in the years 24th, AH. Syria and Iraq in the 18th. Persia in50th. In the West Egypt was taken in the 20th, Morocco and Spain in

93rd in Iraq and Persia there was Persian civilisation. In Egypt andSyria the Roman Civilisation was reigning...As such the Muslimswere faced with new issues in day to day life-which neededlegislation.. thus the jurists faced a big task. No one has claimed thatThe Qur'n and Sunnah have explained every detail on each case;therefore the result was the birth of another means for legislationwhich is reasoning in the form of al-Qiys (analogy)

The employment of sound reasoning (al-Qiys) in legislation has started, in fact, since the

early period as there were some Companions who have passed rulings on bases bearing

analogy in the presence of the Prophet. (Ibid.: 235-248 and Abu Zaharah,1958:204-209) The

Sheikh wants to explain here that the entire schools of legal thought are mere means to one

goal, thus, which ever one imitates is right. A Tradition of the Prophet makes it categorical,

that the divergence of opinions of Muslims community is a blessing. The point is that Islam is

a simple religion the same as it has one objective. This position in thinking makes the Sheikh

very liberal in all the religions matters, as the content of his discourse in this place may have

suggested.

However, it becomes expedient to distinguish between what is the Sharah,Prima

facie, and what constitutes al-Madhhab (a school). In the first instance, it is generally know

that Qur'n and Sunnah are the main sources of Sharah being the embodiment of the

injunctions revealed in the Qur'n and the explanations of what it contains in Sunnah. (Abu

Zahrah, op. cit:20 - 106)

Therefore, it becomes evident that the distinction between the Sharah and the school

of opinion is that the first is a divine revelation and Prophetic explanation, while the second is

a result of intellectual endeavour to meet the increasing demand of a society in issues

concerning the welfare of people and continuity of the system of Ummah community.

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To our knowledge the Sheikh has not claimed to be a diligent scholar. As it is shown

in the conclusion of our document, it is very clear that he has also relied to a large extent on

reasoning to interpret the case he was faced with in Hausaland of particular notice, is his

attempt, in chapter four and seven. In what may bring out the field of discourse of the

manuscript, the author has methodologically depended on the techniques of Usl, which

include al-Qiys, al-Istihsn, and Ijmu. Al-Ijmu (unanimity) means general consensus of

diligent scholars relating to legal matters in a given era. It is one of the sources at secondary

level in legislation. It should, however, be observed that the phrase of the diligent scholars

excludes the non diligent ones.

The fact that unanimity is one of the procedures in legislation, has attracted some

controversies from some scholars as one endorsed it; another opposed it on ground that theHoly Qur'n and Sunnah cannot be substituted by unanimity in any given circumstance. (al-

Khadrwi,1979:) Broadly speaking, unanimity is divided into two categories:

a Deductive unanimity that which a jurist may produce as a by-product of authority's opinion.

b. Transmitive unanimity, that which a jurist did not producehimself, but was transmitted to him from an authority whichhas produced it.

The other categories of unanimity are called inclusive. The process in this is that a jurist would

collect all the available legal opinions of those whose resolutions are transmitted up to the

Prophet. There are some conditions prerequisite for the production of unanimous ruling being

one of the instruments of legislation as follows:

i. if there is disagreement, it must beinfrequent so that unanimity may be reached in acase, because the practicability of unanimity asevidence rest on the fact that it must reallyrepresent a preponderance of proofs at hand.

ii. In a situation where there is only one diligentscholar in the entire era, his opinion should not beconsidered as unanimity.

iii. The entire available scholars in the era concernedmust not disagree in the case, so that there will beone unified opinion to extent of general agreementof the all.

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iv. It must, in the first place, represent theindividual opinion of the entire concerned juristsdue to the fact that silence of some may beregarded as an objection.

Another important issue related to unanimity is the view that it must be established on the

original and correct source. According to al-Khadrwi, (1979:272) a source may not be pre-

requisite since it is supposed to be the proof; Should there be any source, then the need for

projecting unanimity would not have arisen.. It should also be realised that a source, here, may

be either the text ofQurn, the Sunnah, an analogy of diligent scholar(s) or any other means

recognised as a judicial procedure in legislation. Given the aforementioned conditions to

unanimity, some scholars pose that it is almost impossible. For instance, to attempt at

establishing the individual characters of all the diligent scholars involved at any given era may

not be tenable. So is the condition that everyone of them must be aware of the position held by

his contemporary in a matter of concern. This is the same as saying that their opinions should

be in agreement with each other. (Ibid.) The position taken by some on unanimity makes them

look strict. To this group of strict scholars, unanimity is an alternative legal procedure, and

anyone who rejects it as a conclusive means of legislative ruling - say for example, rejecting

the unanimity of the Companions in a clear opinion and which is being transmitted from them,

such an objection amounts to Kufur (disbelief). However, Imm Malik disagreed with thisthinking. (Ibid.) We have earlier stated that some Shiites and Khawrijs have also opposed

unanimity as an alternative to the primary sources.

The other subjects discussed by the author in this chapter include playing music, and

which he contends that it is not banned in general. (Najm, Chapter One) The situation where it

may be impermissible, is where it disrupts occupation and not as a means of earning a living.

According to al-Sha'rani, the author explains that what is banned of musicals is thus banned to

preclude any opportunity to disrupt the main objective of Sharah.(Ibid.) The Hadth on

which the author based his argument, here, is described by Sheikh Abdullah as unreliable

Tradition.(Ibid.) However, the author reacts to that as saying if he (Abdullah) does not allow

it in view of al-Haram, then he is right.( Ibid.)

4.0 Conclusion:

This paper is summarised in terms of perlocutionary factor ofNajm at lace, As stated

in chapter two of the document, the Sheikh explains his perception and position on numerous

points in one phrase 'Islam is a simple religion'. On this presupposition, one needs no be

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fanatical and extreme in matters f socio- historical concern in religion. We have earlier

contended that fanaticism is a historical factor in man's society. it is as old as mankind's

civilisation. This may explain why Sheikh's opponents accused him of being strict and fanatical

because he waged a Jihd in Hausaland. The obvious is that Sheikh's critics forgot to

differentiate between one who is assertive and who is a fanatical or strict. The ideological

textual attitude of being assertive had created intellectual discomfort between the Sheikh and

his brother Abdullah as it is stated in chapter five and six of this reach work.

The evidences cited by the Sheikh against extremism allows one to understand that

Sharah is a dynamic factor that moves society in Islamic State. In fact the emergence of

numerous schools of thought in Islam epistemology is a clear evidence of its tolerance and

accommodation. It is on this conceptualisation the Sheikh explains i chapter one ofNajm theone should not discuss issue that requires knowledge in ignorance. He also explain that one

need to assemble and understand the poisons of various scholars about a given issue before

one can argue for or against it. Therefore the need to acquire knowledge if projected by the

Sheikh.

Politically,Najm explicates the moderate attitude of the Sheikh in chapter three. In this

place the Sheikh makes it clear relating to some theocratic concepts of Islamic State and its

structure. The terms include the concept of Caliphate, Kingdom, Imamate, Wilayate and

Sultanate.

Socially,Najm shows moderation taken by the Sheikh on issues of social concern. This

include entertainment by music, fashion, wearing gaol and silver. He also makes a categorical

exposition of Muslim-Christian relationship. The analysis made by the Sheikh at this point

informs us that a can only survive and progress if it agrees to moderate and tolerate one

another. That isNajm teaches by its pragmatic force in socio-textual interaction.

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ENDNOTSES:

1. Sheikh's epitome, hereby, suggests two broad issues: 1) the intellectual exercise of scholars, and 2) theexistence of various schools of thought. The first is a situation whereby two or more learned men meetand discuss issues relating to a particular subject matter, and or general knowledge be it in a formalgathering, such as seminar, conference and or workshop, and or in an informal meeting, where

scholars exchange ideas in order to arrive at a common and clear understanding of subject/s at hand,and make further classification with evidences.

2. The Sheikh is hereby referring to Sunni scholars sources ofHadth collection. Therefore, the Shi'itesources, are excluded by the phrase and others.

3. al-Muqallid(imitator) is derived from the stem al-Taqld(imitation).

4. al-Madhhib is an irregular plural form ofal-Madhhab which literally means a school of divine legalthough. It is specifically employed here in reference to the four schools of though which include theseSunni Schools: Al-Hanafi, al-Shafi'i, Al-Maliki and Al-Hanbali.

5. We have earlier stated that the main factor responsible for the emergence of schools of thought in

Islam in our discussion.

6. This work, as referred here, was last published in 1951 in Cairo.

7. See: A.W. al-Sharani, (1351,AH.) al-Bahar al-Mawrid f al-Mawthq wa al-Uhd., Cairo: (NP.), 1stEdition, p.5.

8. He was Abd al-Aziz Ibn Abd al-Salam (d. 660, AH./1262, CE.) he was the author ofal-Qawnin al-Kubr f Kulliyt al-Fiqhiyyah, which we have not yet found.

9. Not yet traced.10. Not yet traced.11. Not yet traced.

12. al-Ijmu (unanimity) means general consensus of diligent scholars relating to legal matters in agiven era. It is one of the sources at secondary level in legislation.

13. To contract a marriage without al-wal (guardian), al-Sadq (dowry) and al-Shuhd (witnesses) isIslamically illegal as it is discussed in chapter five. Abu Bakr Ibn Hasan Al-Katsnawi, (1957)Badaral-Zawjaini wa Nafhatu al-Haramain, al-Qahirah: Dar al-Ihyu;, pp. 66-9 and. S.A. al-Sami' al-Abial-Azhari, al-Thamar al-Dni f Taqrb al-Ma'ni, Cairo: Adwar Nassar, p. 325.

14. The third pillar in Islamic marriage is al-Shuhd (the witnesses) who must be men, just and no lessthan two in number, should they be unjust, then, the number must be increased to say- thirty or forty(al-Katsinawi, 1975:34).

15. al-Qiys (analogy) is linguistically measuring one thing with another which is similar due to some

common features that may unite them as one.

16. al-Kaffrah (an expiation) is a ritual performance by which a person's fault is sought to be forgiven. Itmay be in form of alms giving, fasting or freeing a slave. A person may commit a fault and thus

becomes liable to an expiation. It happens when on undertakes to do something, but failed to fulfil it,as the Sheikh explains it here such a failure is called al-Hanath. See: Al-Khalil Ibn Ishaq, (1920)Mukhrsar, Bairut: (NP.), pp. 95-6..

17. See: al-Qarafi, al-Ihkm f Tamyz al-Fatwi wa al-Ahkm, (npi.), p. 14.

18. Al-Athar, al-Khabarand oral-Hadth all refer to the Sunnah of the Prophet (SAS) regardless of somesemantic difference inherent in each one and due to some linguistic determinants. al-Khabaris said to

be what is related from the Prophet as a statement, action or approval; while al-Hadth is described aswhat the Prophet said himself. Given this sense, it may be realised that al-Athar(authority) comprises

both al-Khabarand al-Hadth. One may say that al-Atharand Sunnah are the same thing. The first

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means an authority and the second a Tradition. See: Muhammad al-Subi, (1946) al-Sunnah wa Maknatuh f al-Tashri al-Islmi, al-Qahirah: (NP), pp. 246-7).

19. Al-Ta'wl (interpretation) a linguistic technique being employed in the study of discourse and textualanalyses which belongs to the province of semantics later, the jurists adapted it as one of the means of

deduction and inference to arrive at a legal ruling in Sharah.20. Al-Tbiiyyu is the person who has met the Prophet's Companion(s) unlike the case with the latter,

there is no condition to qualify one as al-Tbi'iyyu except the faith. See: A. A. Ibn Hajar Asqalani,(1187,AH)Nuzhatu al-Nazar:Sharh Nukhbati al-Fikir, al-Qahirah: Matbaatu al-Turth al-Islmi, p.67.

21. Was al-Gharnati, Muhammad Ibn juzzi al-Kalbi (d. 741, AH./1340, CE.) He was one of the greatMaliki scholars. The work mentioned; here is al-Qawnn al-Fiqhiyyah.

23. Abu Abdullah (d. 161, A.H./718, CE.) was a hadithist and one of the diligent scholars, he was verycontroversial diligent. Among his works. al-Jmi'u al-Kabr, Jmiu al-Saghr and al-Farid arewell known. He died in al-Kufah. (Munjid:1985).

22. Abu Sad (21-110, AH./642-728, CE.) was one of the famous scholars in Madinah. He met UthmanIbn Affan, the third Caliph; thus, he was al-Tbiiyyu. Wasil Ibn Ataiyyah, the known theologian whofounded the Mu'tazilite sect was his student (Ibid.).

23. Al-Kalbi Ibrahim (d. 24, AH./854, CE.) was a jurist and one of the scholars in the era of al-Ma'amunand al-Mu'tasim. He was among those scholars who supported reasoning in Hanafite school. As aresult of his contacts with Shafi'i, he compiled the opinions of the latter which became the basis of al-Thawrite school (Ibid.).

24. Al-Haqqi, Sheikh Ismail al-Burusaw (1652 - 1725, CE). was a scholar, a poet and a great Sufi. Helived in Russia where he died. He has produced many works on religion and Sufism among whichthere isRuh al-Mathnwi a commentary onFarh al-Ruh by Jala al-Din al-Runni (Ibid.).

25 Abu Sulaiman al-Ishari (d. 270, AH./883, AH./883,CE). was a diligent Imm and the founder of al-Zahirite school. He was said to be an extreme in reasoning and application of analogy. He hadproduced a number of works includingFad'id al-Shfi'i (ibid.)

26. Al-Makhzumi al-Quraishi (d. 94. AH. 712, CE.) was one of the seven scholars resident in Madinah.He was one of the Tbin.

27. Al-Hanzali from the town of Hanzalah a clan of Ghatfan, (see: Izz al-Din Ibn Kathir al-Juzzi, (ND.)al-Lubb f Tadhb al-Ansb, Cairo, 1st edition, p.94

.28. Abu Amr Abd al-Raham Ibn Amr ( 88 157/707 774) was from al-Awzaah which according to al-

Juzzi was a clan of Dhi al-Kala or Hamdan in Yaman,

29. (1351, AH.) al-Yawqt, Cairo, (NP) 1st edition, p. 94.30. See our note No. 1831. Al- Imrn: 9723. Al-Nisu: 43

32. The first thing to note here is that the Sheikh does not give the exact source he has taken theseopinions from. According to al-Azhari narrating what some Companions and the followinggeneration as well asImm Malik on the verse: or you touched women touching here, is not coition,as it is explained here by Sheikh. To Imm Aliyu Ibn Abi Talib and Ibn al-Abbas it means coition.The point is that if one caresses a woman with intention of enjoyment his ablution is void. Thequestion whether he has achieved his aim or not should not be entertained. In a case where he onlywanted to know the nature of woman's body, yet he enjoys it, he should also renew his ablution - notfor the intention, now. The case of the person who is caressed is same on the account of intention andenjoyment. See: al-Azhari al-Abi, op. cit., p. 24

33. Al-Basmalah the opening verse of the chapters of al-Qur'n is Bismillh al-Rahmn al-Rahmgenerally held to mean: in the name of Allah the Compassionate the Merciful.

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34. This and other linguistic aspect ofNajm are discussed in chapter five.35. See: al-Sha'rari , op.cit., pp. 159-160.36. Ibid.

37. Ibid., vol. 11, pp. 75-6. And A.J.A.Amoloye, (1993) A Study of Shaikh Uthman Dan Fudis Socio-political Treatise, unpublished Ph.D. Thesis, University of Ibadan, pp.194 203.

38. Al-Sharani,Kashf al-Ghummah,op. cit., (npi.), p.75.39. Ms.40. Ms.42. Al-Muhtamalmeans (probable)

43. Al-Sahh (correct) ofHadth is that which reporters are all just men and who are clean of charges intheir characters. According to hadithists, Al-Sahh is a Hadth which channel of transmission isrelated to a just and precise scholar from his like up to the Prophet. It must not be rara avis;rejectionable or accused. (see M. al-Subai, op. cit., pp. 94-102 and A.M. Shakir, (npi), al-B'ith al-Hathth,pp. 12-24)

44. Al-Manskh (abrogated) is a ruling which is cancelled by another injunction for a judicial reason.Muhammad Buk explains that it is a case whereby the legist issues another decree which abrogates anearly one.See: Al-Khadarwi, op. cit., pp. 350-370. The first ruling is called al-Manskh (abrogated)and the new one called, al -Nsikh. It has some conditions as follows:

i. What cannot be dropped in view of its being good or bad cannot be abrogated.

ii. There is no abrogation in what a text confirms the first ruling.iii. the abrogated text is not bound to give an alternative ruling.iv. the alternative is supposed to be softer than the abrogated one.v. Al-Qur'n text may abrogate another text in the Qur'n the same as it cannotabrogate the text ofAl-Qur'n orSunnah (al-Asal).vii. analogy cannot be either abrogate or abrogated.viii. once the ruling of a text is abrogated, then its analogy is also abrogated.

ix. the ruling of abrogated text can only be effective when its is gazetted.x. counselling part of a ruling or its condition/s not abrogating of the entire text.A.M. Shakir, op. cit., pp. 169-180 and al-Muzfir, op. cit., vol. 11 pp. 53-57.

45. Hasan Ibn Thabit (d. 674, CE). Was a poet and companion of the Prophet from Ansarof Madinah.Otherwise, he was called the poet of the Prophet'. A. H. al-Zayyat, (ND.) Trkh al-Adab al-Arabi,Bairut: Dar al-Thaqfah, pp. 152 - 154).

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