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The Branches of Religion
They are worships, dealings, manners, morals and others Jurisprudential rules that we should have obligation and adherence to their application such as: prayer, fasting, pilgrimage (Hadj), "AL-Khumis" (taking the fifth part) (pentagonal) of the wealth and money religiously as alms, in islamic religion, Alms (Zakat), struggle either of militancy (holy and religious war) to fight God's enemy, order of favour (good turn) and benevolence, prohibition of abominations (atrocities, enormities), loyalty, (fealty) for the prophet and his family, the acquittal (innocence) of their enemies.
Applying (action) the branches of Religion There must be a means to rely on it (depend on ) to apply these branches. This means to be one of the following ways: Diligence
1. Diligence (Assiduity),(AL-Ijtihad): This means linguistically doing the best or utmost to find out the rules, opinions dicta (legal opinions), fatawa that the jurisprudent can give his legal evidences in their suitable place, Diligence and assiduity can be divided into two parts: a. The absolute Diligence: This means that the jurisprudent is able and efficient to get all the ideas, opinions, fatawa concerning the affairs of all the Moslems. b. The partial (Divided) Diligence: in this kind of diligence (Ijtihad), it is not possible easily to extract (take out) the rules by the jurisprudent concerning the rules for all affairs. Sometimes people are afflicated (exposed) to many things that need solutions. Sometimes it is difficult to get out the rules from the Divine legislation and he can get out sometimes a quantity (amount) that is significant and considerable (pretty).
The Rules of Diligence: It is allowed for the jurisprudent ce:of the absolute diligence to apply his own Fatawa (dicta) which he sets to the matters and cases which he faces in his job, and also the same thing with the jurisprudent of "the partial diligence" that he can apply his "fatawa" to his own matters and cases. Each one can not apply the "Fatawa" of the other. They can not exchange the "Fatawa" between them. Everyone has his own.
The Function of The Absolute Diligent man This means that the absolute diligent man has general guardianship (tulelage) over the Moslems. He is obliged to manage the affairs of Moslems., besides he has the authority to issue (give) "Fatawa" (dicta) and to explain the legal rules.
The conditions that must be available in the Diligent person to whom Moslems refer They are: majority (maturity), the absolute diligence, masculineness, justice which means the firmness of Islamic doctrine within himself in a way that shows the obligation of God's piety (devotion) secretly and publicly, he must be of good birth (highborn) that means that his birth must be according to the legal rules (foundations). He must believe in Islam and in "AL-Imama", the twelve Imams who are infallible of mistakes, peace be with them. He must have mind (brain) and the mad person can not take charge of the guardianship. It is also impossible to give a person the guardianship and his realization for matters is unusual (abnormal).
The Rule of the Guardianship for partial Diligent man 1. The partial diligent person is not qualified for (deserved) taking charge of the general affairs. He is prohibited to take charge of them too. It is prohibited for Moslems to refer to him in asking him for rules (Fatawa) which are a duty and apart of the absolute diligent person. 2. Precaution: It means that the diligent person must make the human being tranquil (trusting) that the human being's action (performance) is doing according to the obedience of God , The Great . 3. Imitation (following): It means that the person (the believer) imitates and follows the (legal decision) of the jurisprudent who should gather and collect the conditions. The charged (commissioned) person with a legal duty should imitate and follow the most learned and acquainted person normally. We can define the quality (power) of knowledge and acquaintance as follows: The evidence (witness) of two just persons who have experience. The person who charges (commissions) others must have experience and he attained the degree of diligence to give decisions correctly or come near to diligence at least. He must have scientific intercourse and connection with those who oppose ( stand against) and challenge them all, even by knowing their research. He should be aware of matters and should not be cheated by appearances. He should be common (known) among the specialists of jurisprudence and he is the most learned. It is not allowed to imitate and follow dead persons from the beginning and not continually.
Imposition (charging with a duty): It means that God, praise be to Him, when He distinguished human being from other creatures and favoured him (preferred) to many of them by brain (mind) and ability to make out (differentiate) between the right and untruth (falsehood) and between what is useful and useless (harmful). God granted us the capability to choose good or bad (wicked). The High, Imposition Sublime Wisdom required that human being should not be left to no end (in vain). He bestowed (granted) him the blessing of legislation. He put for him the laws and restrictions (regulations) to limit the relation between the Creator and human beings and the other creatures. As these legislations and laws restrict and stop (obstruct) the desires and oblige the person to oppose his love and his inclination to lusts (sallies), they were called "the Divine impositions (charges). The conditions of Imposition: They are: the mind (brain), maturity, the ability to comply with the imposition (charge), knowing the rules, attention (that the person who is inattentive is pardoned (forgiven) as in the case of prayer where sleeping and fainting allow the person to delay the prayer not in its fixed time, but later on (kasir) which is a duty to him (kasir) means to put off or delay later on.
The parts of Imposition First: Obligation (duty); this is divided into: 1. Obligation for Worshipping: this kind of worshipping is a duty on the commissioned person (charged) to do that deed for the sake of God only such as: prayer and fasting.(note: for details, look at page (13) from the message of "AL-Deen AL-Qayyim" (worships). 2. The arrivistic (reaching) obligation: This kind of obligation is not obliging the commissioned (charged) person to perform (act) for the sake of God. The Most High God, but he can do it under any title or name such: cleaning clothes, washing the body from dirt and mischievousness (malice). second: The commendable (Approvable) kind This kind includes the deeds that "The lord" (God), The Great, ordered us to do without obligation (forcing), we can do them and we can leave them. If a person did them, he would be rewarded, and if we left them we would not be punished, as we like. This is also formed of: 1. For worshipping; such as: the commendable fasting, and commendable prayer. 2. Arrivistic (For reaching) such as: marriage and the enlargement (increase) of spending money on the family. Third: Prohibition (prevention to do) This kind includes the things that the legislator (who is sacred) obliged us to leave (give up). Fourth: The Hateful Things: This kind includes the things that the sacred legislator prohibited not to do, but he did not oblige us to leave and he allowed us to do but their leaving is better than doing them.
The Intention (aim); Its Meaning and Rule This means that you have the intention in the heart to do the deed approaching God. It is the act of heart without saying (utterance). Its Rule: It is a condition in itself for any deed (action) of worshipping. So, without intention, worshipping is invalid (nothing) whether that action is obligatory or commendable (approvable). In prayer, it is not allowed to utter (say) the intention, though it is allowed in the other deeds. |