the usage of qawaid fiqhiyyah in al tasyabbuh (immitation) issue with non-muslim based on festival...

THE USAGE OF QAWAID FIQHIYYAH IN AL-TASYABBUH (IMMITATION) ISSUE WITH

NON-MUSLIM BASED ON FESTIVAL CEREMONY IN MALAYSIA.

Nursaidatul Aqilah Che Alias (1132553)Bachelor of Fiqh and Fatwa with Honour

Faculty of Sharia and LawUSIM

Supervisor: En. Hasnizam Hashim

INTRODUCTION

Lots of problems which involve Muslims who imitate non-Muslims practices especially in festival ceremonies in Malaysia.

Example: Muslims participate in some celebration in temples or churches, wearing other religions kinds of clothes and wearing

their special symbol.

To investigate this issue, the Islamic legal maxims are used to classify whether that practices are allowed or prohibited in

Islam.

INTRODUCTION

• Meaning of Qawaid FiqhiyyahPrinciples of fiqh (Islamic law) which can be applied in different

fields of fiqh that come under the common rulings.

• Meaning of al-TasyabbuhA word which shows human effort in copying themselves to

something, so that they can be the same as something that they imitate whether in actions, dressing or any of their characteristics. So, al-Tasyabbuh is a word about action that we want to do or act. (Imam al-Ghazali)

Basis of al-Tasyabbuh Prohibition• Al-Quran al-Karim1. Al-Ma’idah 5 : 48 - Meaning: and do not follow their inclinations away

from what has come to you of the truth.2. Al-Jathiya 45 : 18 - Meaning: Then We put you, [O Muhammad], on an

ordained way concerning the matter [of religion]; so follow it and do not follow the inclinations of those who do not know.

• HadithThe Prophet PBUH said in order the Muslims to be different with Majusi:

وارَب وأرخو اللِحى. خالِفوا المجوَس ُجزوا الشَّMeaning: Cut the mustache and leave the beard. Be different from Majusi.

Allowed and Prohibited Tasyabbuh

Non-Muslims Country

Dhorurah (Necessity)

Every practice that belong to

kufr (disbelievers) teaching and

have been taken from non-

Muslims and also practices

which do not even exist in

Islamic teaching.

Scholar’s Perspective

The Usage of Qawaid Fiqhiyyah in Defining Hukm (Jurisprudence) of Al-Tasyabbuh (Immitation) Issue

Based on Festival Ceremony in Malaysia A matter that depends on the objective / purpose it was made. .( األمور بمقاصدها)

Meaning: an action cannot be considered as al-Tasyabbuh if it happens without niyyah (intention) to imitate

Reported by Sayyidina 'Umar al-Khattab R.A. that the Prophet SAW said: “Every action depends on its intention”.

Example: there is not a problem for a Muslims to go to non-Muslims’ open house with intention to foster closer the relationship with non-Muslims not to glorify their festivals.


Based on Festival Ceremony in Malaysia All matters should remain as they originally were. ( األصل بقاء ما كان

.( على ماكان

Meaning: An action cannot be considered as al-tasyabbuh unless if that matter are already specific to them in term of religious or custom practice.

Prophet PBUH forbids Muslim from wearing clothes that are soaked in safflower ('asfar). 'Abd Allah ibn' Amr al-'Ass said: "The Prophet saw me when I am wearing two garments soaked with safflower (mu`asfar), then he said: 'This is indeed clothes of unbelievers, do not wear it."

Example: In Malaysia, this method can be applied through New Year and open house celebration. It is because these practices are not specific to particular religion or custom only but it also organized at national level.


Based on Festival Ceremony in Malaysia Every Reason Which Led To Disadvantages Is Prohibited If There Is No Proper

Benefits ( كل سبب يفضى إلى الفساد نهي عنه إذا لم يكن فيه مصلحة .( راجحة

Every cause that leads to disadvantages is prohibited if there is no more major benefit (maslahah al-rajihah).

Ibn Taymiyyah state: if a Muslim lives in a country that is in a state of fighting Islam (Dar al-Harb), or kuffar country that is not in war with Islam, they are not commanded to differ with that non-Muslims society in terms of the outer appearance, because such matters are harmful.

Example: this method can be applied in issue of participation of nation's leaders on non-Muslims festivals celebration. This specific exemption is based on maslahah al-rajihah because by his presence may contribute to racial harmony and national unity.


Based on Festival Ceremony in Malaysia Government actions against citizens based on maslahah .( تصرف اإلمام على الرعية منوط بالمصلحة)

Applied towards practices that are contradict with Islamic religion.

Al-Dhahabi is strict about practices that resemble non-Muslims especially in issue of festival celebration and it need to be handled by government. He stated: “I swear to Allah, public (wali al-sukut) will not been given an authority to prevent this but it been compulsory for muhtasib (leader) in a country to prevent some issues with suitable methods.

Example: In Malaysia, this method can be applied to Muslims who wear non-Muslim religious symbols such as the cross sign, symbol of Satan (heresy, hexagon and so on) and devil worshipers clothing (black metal). In this case, the government can impose suitable punishments or penalties that commensurate with this action because it may involve Muslims faith.

CONCLUSION AND SUGGESTION• Al-Tasyabbuh phenomenon has spread increasingly among Muslims in

Malaysia. • It happens because of interaction with foreign cultures as well as the

advance interaction process with the local culture.• Islam as a syumul (comprehensive) religion has a strong basic to handle

this kind of scenario. • Qawaid fiqhiyyah (Islamic legal maxims) that have been developed by

former scholars already include all aspects of al-Tasyabbuh action especially in the scope of imitator intention, action of imitators, and the

exception and also the aspect of punishment to imitators.• Muslims in Malaysia need to take precaution in every actions by making

al-Quran , Hadith and Qawaid fiqhiyyah as reference in their everyday practices.

Thank youThank you

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