Moderate Najm

ConTextual and Historical Significance of Nigerian Arabic Intellectual Heritage: A Case Study and Translation of Danfodio’s Moderate Fiqh Discourse in Najm al-Ikhwán

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] 08032935062/08022652601 February, 2009

2

ConTextual and Historical Significance of Nigerian Arabic Intellectual Heritage: A Case Study of Danfodio’s Moderate Fiqh Discourse in Najm alIkhwán ABSTRACT: This paper is an attempt at explaining the socio-textual and historical significance of Nigeria intellectual heritage in Arabic. The work is based on Najm al-Ikhwán, which is one model of textual evidence of such a heritage in historical perspectives. It contends that issues which emerged out in the course of actualizing the main objectives of the Jihád in the 19th century were moderately conceived and executed. As a clear evidence of scholarship, the original author of the manuscript, had studied Fiqh in its 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 highly considered in all conceptualization and explanation of social issues in authoring the Arabic text of 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 its discourse. Some conclusions are drawn from the thesis that takes in the texts of Arabic manuscripts in Nigeria as pragmatic in the sense that they are still performing certain historical actions for reconstruction of history. The paper takes chapter two of Najm al-Ikhwán as a case study to explain this concept of socio-textual interface.

3

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 Nigeria’s 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 of Najm 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 Sharí‘ah are the main ingredients breeding misconception about Islam. These are some of the sociopolitical and religious problems discussed in what follows of Najm 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 Sheikh’s 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 Jihád 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-Ikhwán is one of his Arabic master pieces. It is intended to consolidate the Jihád gains. (Amoloye:1993 Malumfashi:1989 and Umar:2000) 1.2

The Manuscript

The document is called Kitáb Najm al-Ikhwán Yahtadúna bihi bi Idhni Alláh fí Umúr alZamán. Hereon, it is referred to as Najm. The text was compiled in 1227, AH/1812, CE. ( Hakimah and Aidah: 1965 and Hunwick: and O’Fahey. 1985). Methodologically, this paper provides a translation of Najm 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-

4

dependent.

In

this

case,

the

text

is situationalzed in the historical and religious,

cultural and political development of Hausaland since the 19th century, CE. 2. 0

The Text in Translation: A Criticism of Blind Argument and Explanation of Allinclusive Categories of Sharí’ah 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 Sharí’ah schemes by his agitation. As such, one would be in the list of those who reject the Sharí’ah in view of the notion that the Sharí’ah contained three hundred and thirty ways. According to Abd al-Wahhab al-Sha‘rani, in Bahar al-Mawrid fí al Mawáthíq wa al-Uhúd: We have given promises that we would not allow any of our Companions to start a controversy 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 Sharí’ah. According to a Hadíth, the Sharí’ah 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 Hadíth is related on the authorities of alBukhari, 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 Sharí’ah…” Furthermore, he (al-Sha'rani) says: ‘the debate of al-Muqallidún (the imitators) 2 of the four Madháhib

3

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

blind argument, since their rejection of one another’s 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 Sharí’ah. had it been that they read the entire system of the Sharí’ah, they would have realised that the entire Madháhib4 of Muslims are all part of the

Sharí’ah no single

statement of their' s is out of it, as we have explained in the preface of our book Kitáb Kashf al-Ghummah ‘an Jámi’u' al-’Ummah5 Allah knows best.6 As I have stated it in view of the

5

existence of various systems of the Sharí’ah which are the sources to which Muslims Made reference, the authoritative and righteous Sheikh Izz al-Din Ibn Abd al-Salam 7 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 is being 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 [a religious] 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-Nufús, a commentary on al-Bukhári, 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-Ikhwán: “...differences of scholars [opinions] is a blessing...”. I would say whoever knows Prophet’s statement (SAS): “...differences in my community is blessing...” would not do three things: 1) He would not reject one who chooses an 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 school’s 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

6

right

from

the

period

of

[prophet’s] 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 is right, 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 Madh’hab from among the Madháhib of diligent scholars? In the first place, the answer is yes as he confirmed from Jam'u al-Jawámi. 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 Madh’hab. Instead, one may consult whoever one wants. He asked further that there are some opinions related to the question that if one pursues a particular Madh’hab, can he leave it? The first answer is absolute permission as it is ratified by al-Rafi’i. 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 Madh’hab. 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-Tahqíq9 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 alSadáq (dowry)11 and or al-Shuhúd (witnesses).12 He should also not believe that the one he follows is the best and should not take the cheap opinion in the Madh’hab. This is because the entire Madháhib 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 Sharí’ah of the Almighty Allah, which is not so? This is the end of al-Qarafi's statement in Sharh al-Tahqíq as concluded by al-Ajhuri in brief.

7

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 clear analogy, 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-Ihkám fí Tamyíz al-Fatáwí wa al-Ahkám, that: ‘the general legal opinion in Maliki school, is objection of transfer from Maliki school to that of al-Shafi’i in the same and one case, the reverse is also the case.’ al-Ajhuri commented: ‘but al-Qarafi’s position in Sharh al-Tahqíq 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-Kaffárah)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 Sharí’ah. According to Abd al-Aziz in al-Durar al-Multaqatát the four schools of legal thought are all correct. Every diligent scholar is correct. Anyone who imitates an Imám 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 Imám than his own, but the correct position in this matter is of three levels: The first is the level of pious scholars which we have actually found some of our Sheikhs complying with it. It is that which one should take caution and follow serious matters in the Madh’hab. 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-Shafi’i. 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 Madh’hab. There is no harm in that in

8

case of necessity. However, we have not seen anyone, from the followers seeking a legal opinion to be allowed to follow another Imám even in time of necessity. The entire Sahábah have agreed that if one can ask Abu Bakr and Umar and follow them, then one can also ask Abu Hurairah, Mu’adh Ibn Jabal and others without any objection. Whoever questions these two unanimous opinions should provide an evidence.15 Abd al-Wahhab al-Sha’rani has stated in Al-Bahar al-Mawrid fí al-Mawáthiq wa al-Uhúd that: ‘we have given promises that we would not prevent anyone of our Muslims brethren to stick to one Madh’hab 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 invalidates people’s worships, or their deeds, and or their marriages which the Sharí’ah 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 (alSha'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 Madh’hab to another; however he is allowed to imitate in some cases, but stick to his Madh’hab, and there is no sin on him. Yet, the cautious thing, is for one to stick to one Madh’hab 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-Madháhib thus: ‘The Almighty Allah has sent Muhammad (SAS.) and revealed the Qur’án, a tradition or a one Hadíth 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 Hadíth reportage. 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 Madh’hab no longer than the Companions passed away, too, a lot of disagreement began to emerge with al-Tábi'un.18 By the third century (AH.) the scholars reached a consensus to choose these four Madháhib in the year two hundredth of the Hijrah and the rest of the Madháhib were abandoned in order to minimise disagreements. In fact, the entire Madháhib are correct, and every diligent (scholar) is right.’ In my understanding, his

9

statement ‘the scholars have reached a consensus to choose these four Madháhib and abandon the rests of the Madháhib 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 Sharí’ah in ignorance, have considered it (well they would have certainly found out that the entire Muslims’ Madháhib exist within the content of the Sharí’ah. No single opinion of theirs is out, as has been discussed. Consider the view of Ibn al-Juzzi19 in al-Qawá‘id 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-Haqqi23 Dawud Ibn Ali Imám al-Dhahiriyyah24 , al-Laith Ibn Sa‘id,25 al-Awza‘i, 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-Sáti. that Malik, al-Shafi’i, al-Hanzli,26 Ishaq and al-Luqman, Ibn Hambali, Ibn Utaibah together with al-Thawri, Ibn Jarir and al-Awza‘i,27 al-Dhahri, and the rest of the scholars are all guidance and bless from their Lord. According to Abd al-Wahhab al-Sha‘rani in al-Yawáqit,

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 Hadíth, a tradition and or a correct source. However, some of their opinions are being taken directly from a Hadíth, 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 Sharí’ah light, which is the source.’ 62 Moreover, Abd al-Aziz has explained in Al-Durar alMultaqatah in a ‘Chapter of the Causes of Disagreement among the Madháhib’: “you should know that where a mater is revealed in the Book of the Almighty Allah (i.e. The Qur’án) as a source which may not be interpreted, no single scholar, from among the ‘‘Ulamá’u’, 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 Qur’án 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

10

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 ablution’ 31. However, if a matter is being brought about in a Hadíth, with variation of narration, such as the case with al-Basmalah 32 each Imám may take the version which is correct to him. Where the case is not mentioned in the Qur'án, not in a Hadíth and neither it is being agreed unanimously by the ‘‘Ulamá’u’, the al-Istidlál (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-Mutarádif and al-Mutanáqid)

67

and he made the

horizon of the ‘‘Ulamá’u’ a wide one. Thus, each diligent scholar is correct. Therefore, the entire Madháhib of the ‘‘Ulamá’u’ 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 ‘‘Ulamá’u’, 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 Madh’hab than his own, has really made what Allah had made wide open a narrow thing for himself. All the Madháhib 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-Sha‘rani has stated in Bahar al-Mawrid fí al- Mawáthiq was alUhúd: “ we should not insist on wiping out what is rejectionable unless there is unanimity prohibiting 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

11

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-Sha‘rani, again in Háshiyatu Kashf al-Ghummah ‘an Jámi’u' 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'áh. 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, ‘‘Ulamá’u’ 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-Ahkám fí Bayán Hukm Darb al-Tubúl thus: “ drum beating is of two categories, in war drum beating, there is no 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 women’s exposure to men, it is allowed ”.Abd al-Aziz has said in al-Durar alMultaqatah thus: “ It is actually reported in the sound Hadíth (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 Jámi’u' 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 Umar entered, 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 Abú Abdullah Ibn Majahah’s 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,

12

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 Iyád al-Ash‘ari at a festival in Aqbar and he said: ‘what is the matter with you, I do not see you feasting as it has been done in the presence of Allah's Messenger’ ...” According to Qais Ibn Sa’id (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 Diyá al-Sultán, 37 whereby he quoted you from Misbáh Ahl al-Zamán 38 that this Hadíth being your evidence, shows that there was a feasting for the Prophet (AS) on the day of al-Id. The Hadíth on drum beating as cited here, is a probable39 one or perhaps is not exact,40 and or is a abrogated41 Hadíth; 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 Hadíth is not exact or being abrogated due to the fact that the generality have abandoned it. It may happen that a Hadíth 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 Tahqíq 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 Tahqíq al-Mabáni 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 Hadíth from the Sunnah which prohibits what the author has mentioned. it is rather a general phenomenon (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 Hijáz 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

13

called al-Bahar al-Zakhárif and quoted all that being cited in favour of prohibition in evidence, as well as he responded by correct answers impeccably. Abd al-Azíz has stated in al-Durar al-Multatqatah thus: “ playing tambourine is allowed. It is really reported in Hadíth on marriage; has it been prohibited, it would not have been allowed 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-Muhtadín, Ibn al-Arabi has explained in ‘Áridatu al-Ghiná’: “ 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-Tambúr (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 not influence its prohibition; because it is all an instrument which the weak mind have attachment to it. Thus, the Sharí’ah allowed it.” Abd al-Aziz has explained it in Durar alMultaqatah: “ there is a long disagreement among the ‘‘Ulamá’u’ 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 Shafi‘i’s 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 Sharí’ah. 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-Mabáni on what the author said: ‘and listening to amusement materials such as al-‘Úd (lute) and flute.’ : the permission for listening is being reported from Malik. According to al-Qastalani, in Irshád al-Sári, a commentary on al-Bukháris’ 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

14

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 amusement instrument? 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 Madháhib, is its prohibition as stated by Abd al-Rahman alSuyúti in Ta'aríf al-Fiáh 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 Misbáh Ahl al-Zamán 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-Sha‘rani from this Háshiyatu Kashf al-Ghummah ‘an Jámi’u’ al ’Ummah where he said thus: “it is thereby a simple case, for the fact that there are many explanations on that from the ‘‘Ulamá’u’. 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 Awliyá (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-Muhádarát, 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 what Imám Abu Bakr Ibn al-Arabi has narrated from Sheikh Abu Hasan al-Jawhari in Siráj alMuridín 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: ‘Lí, Lí, Lí’, and another one said: ‘Lí 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

15

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 Sharí’ah and its

operation in a society. It also accounts for schemes of Sharí’ah 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 Sharí’ah 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-Taqlid grounds for the thesis of al-Ijtihád (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 by the Sharí’ah. b. c.

The person is guilty, because Allah cannot be worshipped in ignorance. 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 the Hadíth, cited above, will not arraign anyone who chooses to follow another school or scholar. A learned person will not be strict on matters, which are circulated by many interpretations. At any level, one should be able to distinguish between what is a school from the Sharí’ah. 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-Khawárij which were further more, sub-divided into sects. In the case of Shi'ah

16

there

emerged

al-Zaydiyyah

and

al- Ismá'iliyyah and al-Alawiyyah. Al-Khawárij

in its turn is sub-divided into sects such as al-Azáriqah, al-Suffariyyah and al-Ibádiyyah. (.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'án and Sunnah on account of their objectives and application in practical life as it is embodied in Sharí’ah. (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 while the Islamic world was expanding a great deal: Damascus was conquered in the years 24th, AH. Syria and Iraq in the 18th. Persia in 50th. In the West Egypt was taken in the 20th, Morocco and Spain in 93rd in Iraq and Persia there was Persian civilisation. In Egypt and Syria the Roman Civilisation was reigning...As such the Muslims were faced with new issues in day to day life-which needed legislation.. thus the jurists faced a big task. No one has claimed that The Qur'án and Sunnah have explained every detail on each case; therefore the result was the birth of another means for legislation which is reasoning in the form of al-Qiyás (analogy)…

The employment of sound reasoning (al-Qiyás) 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 Sharí’ah, Prima facie, and what constitutes al-Madh’hab (a school). In the first instance, it is generally know that Qur'án and Sunnah are the main sources of Sharí’ah being the embodiment of the injunctions revealed in the Qur'án and the explanations of what it contains in Sunnah. (Abu Zahrah, op. cit:20 - 106) Therefore, it becomes evident that the distinction between the Sharí‘ah 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.

17

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 Usúl, which include al-Qiyás, al-Istihsán, and Ijmá’u. Al-Ijmá‘u (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 the Holy Qur'án and Sunnah cannot be substituted by unanimity in any given circumstance. (alKhadráwi,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 produce himself, but was transmitted to him from an authority which has 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 be infrequent so that unanimity may be reached in a case, because the practicability of unanimity as evidence rest on the fact that it must really represent a preponderance of proofs at hand.

ii.

In a situation where there is only one diligent scholar in the entire era, his opinion should not be considered as unanimity.

iii.

The entire available scholars in the era concerned must not disagree in the case, so that there will be one unified opinion to extent of general agreement of the all.

18

iv.

It must, in the first place, represent the individual opinion of the entire concerned jurists due to the fact that silence of some may be regarded 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-Khadráwi, (1979:272) a source may not be prerequisite 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 of Qur’án, 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, Imám Malik disagreed with this thinking. (Ibid.) We have earlier stated that some Shi‘ites and Khawárijs 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 Sharí’ah.(Ibid.) The Hadíth 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 of Najm 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

19

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 Jihád 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 Sharí’ah 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 of Najm the one 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 is Najm teaches by its pragmatic force in socio-textual interaction.

ENDNOTSES:

20

1.

Sheikh's epitome, hereby, suggests two broad issues: 1) the intellectual exercise of scholars, and 2) the existence of various schools of thought. The first is a situation whereby two or more learned men meet and discuss issues relating to a particular subject matter, and or general knowledge be it in a formal gathering, 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 of Hadíth collection. Therefore, the Shi'ite sources, are excluded by the phrase ‘and others’.

3.

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

4.

al-Madháhib is an irregular plural form of al-Madh’hab which literally means a school of divine legal though. It is specifically employed here in reference to the four schools of though which include these Sunni 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-Sha‘rani, (1351,AH.) al-Bahar al-Mawrid fí al-Mawáthíq wa al-‘Uhúd., Cairo: (NP.), 1st Edition, p.5.

8.

He was Abd al-Aziz Ibn Abd al-Salam (d. 660, AH./1262, CE.) he was the author of al-Qawánin alKubrá fí Kulliyát al-Fiqhiyyah, which we have not yet found.

9. 10. 11.

Not yet traced. Not yet traced. Not yet traced.

12.

al-Ijmá‘u (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.

13.

To contract a marriage without al-walí (guardian), al-Sadáq (dowry) and al-Shuhúd (witnesses) is Islamically illegal as it is discussed in chapter five. Abu Bakr Ibn Hasan Al-Katsnawi, (1957) Badar al-Zawjaini wa Nafhatu al-Haramain, al-Qahirah: Dar al-Ihyá’u;, pp. 66-9 and. S.A. al-Sami' al-Abi al-Azhari, al-Thamar al-Dáni fí Taqríb al-Ma'áni, Cairo: Adwar Nassar, p. 325.

14.

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

15.

al-Qiyás (analogy) is linguistically measuring one thing with another which is similar due to some common features that may unite them as one.

16.

al-Kaffárah (an expiation) is a ritual performance by which a person's fault is sought to be forgiven. It may 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 Is’haq, (1920) Mukhrsar, Bairut: (NP.), pp. 95-6. . See: al-Qarafi, al-Ihkám fí Tamyíz al-Fatáwi wa al-Ahkám, (npi.), p. 14.

17. 18.

Al-Athar, al-Khabar and or al-Hadíth all refer to the Sunnah of the Prophet (SAS) regardless of some semantic difference inherent in each one and due to some linguistic determinants. al-Khabar is said to be what is related from the Prophet as a statement, action or approval; while al-Hadíth is described as what the Prophet said himself. Given this sense, it may be realised that al-Athar (authority) comprises both al-Khabar and al-Hadíth. One may say that al-Athar and Sunnah are the same thing. The first

21 means an authority and the second a Tradition. See: Muhammad al-Subá‘i, Sunnah wa Makánatuhá fí al-Tashrí‘i al-Islámi, al-Qahirah: (NP), pp. 246-7).

(1946) al-

19.

Al-Ta'wíl (interpretation) a linguistic technique being employed in the study of discourse and textual analyses 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 Sharí‘ah.

20.

Al-Tábi‘iyyu 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-Tábi'iyyu except the faith. See: A. A. Ibn Hajar Asqalani, (1187,AH) Nuzhatu al-Nazar:Sharh Nukhbati al-Fikir, al-Qahirah: Matba’atu al-Turáth al-Islámi, p. 67.

21.

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

23.

Abu Abdullah (d. 161, A.H./718, CE.) was a hadithist and one of the diligent scholars, he was very controversial diligent. Among his works. al-Jámi'u al-Kabír, Jámi‘u al-Saghír and al-Fará’id are well known. He died in al-Kufah. (Munjid:1985).

22.

Abu Sa‘íd (21-110, AH./642-728, CE.) was one of the famous scholars in Madinah. He met ‘Uthman Ibn Affan, the third Caliph; thus, he was al-Tábi’iyyu. Wasil Ibn Ataiyyah, the known theologian who founded 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'amun and al-Mu'tasim. He was among those scholars who supported reasoning in Hanafite school. As a result of his contacts with Shafi'i, he compiled the opinions of the latter which became the basis of alThawrite school (Ibid.).

24.

Al-Haqqi, Sheikh Ismail al-Burusaw (1652 - 1725, CE). was a scholar, a poet and a great Sufi. He lived in Russia where he died. He has produced many works on religion and Sufism among which there is Ruh al-Mathnáwi a commentary on Farh al-Ruh by Jala al-Din al-Runni (Ibid.).

25

Abu Sulaiman al-Is’hari (d. 270, AH./883, AH./883,CE). was a diligent Imám and the founder of alZahirite school. He was said to be an extreme in reasoning and application of analogy. He had produced a number of works including Fadá'id al-Sháfi'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 Tábi‘ún.

27.

Al-Hanzali from the town of Hanzalah a clan of Ghatfan, (see: Izz al-Din Ibn Kathir al-Juzzi, (ND.) al-Lubáb fí Tadhíb al-Ansáb, Cairo, 1st edition, p.94

. 28. 29. 30. 31. 23.

Abu Amr Abd al-Raham Ibn Amr ( 88 –157/707 –774) was from al-Awza‘ah which according to alJuzzi was a clan of Dhi al-Kala‘ or Hamdan in Yaman, (1351, AH.) al-Yawáqít, Cairo, (NP) 1st edition, p. 94. See our note No. 18 Al-’ Imrán: 97 Al-Nisá’u: 43

32.

The first thing to note here is that the Sheikh does not give the exact source he has taken these opinions from. According to al-Azhari narrating what some Companions and the following generation as well as Imám Malik on the verse: ‘or you touched women’ touching here, is not coition, as it is explained here by Sheikh. To Imám 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. The question whether he has achieved his aim or not should not be entertained. In a case where he only wanted to know the nature of woman's body, yet he enjoys it, he should also renew his ablution - not for the intention, now. The case of the person who is caressed is same on the account of intention and enjoyment. See: al-Azhari al-Abi, op. cit., p. 24

33.

Al-Basmalah the opening verse of the chapters of al-Qur'án is Bismilláh al-Rahmán al-Rahím generally held to mean: ‘in the name of Allah the Compassionate the Merciful’.

22 34. 35. 36.

This and other linguistic aspect of Najm are discussed in chapter five. See: al-Sha'rari , op.cit., pp. 159-160. Ibid.

37.

Ibid., vol. 11, pp. 75-6. And A.J.A.Amoloye, (1993) ‘ A Study of Shaikh ‘Uthman Dan Fudi’s Sociopolitical Treatise’, unpublished Ph.D. Thesis, University of Ibadan, pp.194 – 203.

38. 39. 40. 42.

Al-Sha‘rani, Kashf al-Ghummah, op. cit., (npi.), p.75. Ms. Ms. Al-Muhtamal means (probable)

43.

Al-Sahíh (correct) of Hadíth is that which reporters are all just men and who are clean of charges in their characters. According to hadithists, Al-Sahíh is a Hadíth which channel of transmission is related 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-Suba’i, op. cit., pp. 94-102 and A.M. Shakir, (npi), al-Bá'ith alHathíth, pp. 12-24)

44.

Al-Mansúkh (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 an early one.See: Al-Khadaráwi, op. cit., pp. 350-370. The first ruling is called al-Mansúkh (abrogated) and the new one called, al -Násikh. 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'án text may abrogate another text in the Qur'án the same as it cannot abrogate the text of Al-Qur'án or Sunnah (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 Ansar of Madinah. Otherwise, he was called the poet of the Prophet'. A. H. al-Zayyat, (ND.) Táríkh al-Adab al-‘Arabi, Bairut: Dar al-Thaqáfah, pp. 152 - 154).

REFEENCES:

23

Abubakar, Aliyyu (1972) al-Thaqáfah al-‘Arabiyyah fí Najeriya, Bairut: Matb’atu Abd al-Basit. Aida, A. and A. Hakima, (1965) Descriptive Catalogue of Arabic Manuscripts in Nigeria, Amman: University Press.

Al-Azhari, S.A. al-Sami' al-Abi (ND) al-Thamar al-Dáni fí Taqríb al-Ma'áni, Cairo: Adwar Nassar. Ali, A. Y., (1975) The Holy Qur’án: Text, Translation and Commentary, London: Islamic Foundation. AI-llori, A. A., (1979) al-Islám wa Taqalíd al-Jáhiliyyah, Cairo: al-Madni Press, 2nd edition.

Al-Isfahání, Abu al-Faraj (1975) Kitáb al-Agháni, Beirut: Dar al-Thaqáfah. Al-Juzzi, Izz al-Din Ibn Kathy (ND.) al-Lubáb fí Tadhíb al-Ansáb, Cairo, 1st edition, p.94 Al-Katsnawi,Abu Bakr Ibn Hasan (1957) Badar al-Zawjaini wa Nafhatu al-Haramain, al-Qahirah: Dar al-Ihyá’u Al-Maghili, A., (1974) As'ilatu Askiya wa Ajwibatu al-Maghili, Zabadiya, A.Q. (ed.), Algiers.

Al-Qarafi, al-Ihkám fí Tamyíz al-Fatáwi wa al-Ahkám, (npi.) Al-Sha‘rani, A.W. (1351,AH.) al-Bahar al-Mawrid fí al-Mawáthíq wa al-‘Uhúd., Cairo: (NP.), 1st Edition. _______ , (1351, AH.) al-Yawáqít, Cairo, (NP) 1st edition. _______ , (1951) Háshiyatu kashf al-Ghummah 'an Jami al-’Ummah, (n.p.), Vol.ll,. Al-Subá‘i, Muhammad (1946) al-Sunnah wa Makánatuhá fí al-Tshrí‘I al-Islámi, al-Qahirah: (NP) Al-Zayyat, A. H. (ND.) Táríkh al-Adab al-‘Arabi, Bairut: Dar al-Thaqáfah, pp. 152 - 154). Amoloye A.J.A., (1993) ‘ A Study of Shaikh ‘Uthman Dan Fudi’s Socio-political Treatise’, unpublished Ph.D. Thesis, University of Ibadan. Asqalani, A. A. Ibn Hajar (1187,AH) Nuzhatu al-Nazar:Sharh Nukhbati al-Fikir, al-Qahirah: Matba’atu al-Turáth al-Islámi. Balogun, I.A., (1980) The Life Works of Uthman Dan fodio, Lagos: Islamic Publication Bureau. Bello, Muhammad, (1964) Infáq al-Maisur fi Tarikh Bilad al-Takrur, al-Qahirah: Dar al-Sha’ab. Galandaci, S.A.S., (1982) Harakatu al-Lughghah al-Arabiyyah wa Adabuha fi Najeriya, al-Qahirah: Dar al-Kitab. Hiskett, M. (1984) The Development of Islam in West Africa, London: Longman, ________ , ed. (1963) Tazyín al-Waraqát, Ibadan: Ibadan University Press., ________ , (1957) ‘Material Relating to the State of Learning Among the Fulani Before the Jihad’, Journal of African History, xix. ________ , (1973) The Sword of Truth, London, Longman. Hunwick, J.O. and R. S. O. O'Fahey ,Arabic Literature in Africa :Bulletin of Biographical and Bibliographical Introduction. Evanston: NWUP, 1985. Ibn Danfodio, Abdullah, Ida’ al-Nusukh, ms.

__________ , Abdullah, Diyá’u al-Sultán, Ms. __________ , ‘Uthman, Kitáb Najm al-Ikhwán, Ms. Ibn Is’haq, Al-Khalil (1920) Mukhrsar, Bairut: (NP.)

Ibrahim, E., (1983) Sunni Vs, Shi'ah: A Pitiful Qutrcy,

24

Tehran: Islamic Propagation Organization,.

Ibrahim Sulaiman, (1986) A Revolution in History, London: Mansell. Irving, T.B. (1978) Islamic Resurgent, Lagos: Islamic Publication Bureau. Johnston, H.A.S., (1978) The Emirates of Sokoto, London. Kani, A.M. and K.A. Ghandi, (eds.), (1990) State and Society in the Sokoto Caliphate, Sokoto: UDUP. Malumfashi, U. F., ‘Divergence of Opinion in the Law of Islam: Being Editing and Translation of Shiekh Dan Fodio's Najm al-Ikhwan’, Ph.D. Dissertation, B.U.K., Kano, 1989.

Munjid fí al-Lughghah wa al-’ A’lám,(1985) Bairut: Dar al-Mashriq. Shakir, A.M. (npi), al-Bá'ith al-Hathíth. Trimingham, J.S., (1962) A History of Islam in West Africa,Oxford: Oxford University Press. Umar, M. A., (2000) ‘The Linguistic, Historical, Religious and Political Significance of ‘Uthman Dan Fodio’s Najm al-Ikhwán’, Unpublished Ph.D. dissertation, University of Jos, Nigeria. _________ , (2002) ‘Pragmatic Evaluation of Arabic Literature in Nigeria:A Case Study of Danfodio’s Kitab Najm al-Ikhwán’ MAJOLLS, Vol. IV .