← Back to In Support of the Sharia
This content has been automatically translated. View original in Arabic
Peace be upon you and the mercy of Allah and His blessings, dear brothers. Today, we are with the fifth episode of the series "Defending the Sharia."
Our brothers who advocate for the gradual implementation of the Sharia argue that the Messenger of Allah, peace be upon him, said to Muadh ibn Jabal when he sent him to Yemen:
"You will come to a people of the Book. When you reach them, invite them to testify that there is no god but Allah and that Muhammad is the Messenger of Allah. If they obey you in this, inform them that Allah has enjoined upon them five prayers every day and night. If they obey you in this, inform them that Allah has enjoined upon them a charity to be taken from their wealthy and given to their poor. If they obey you in this, then beware of their valuable possessions, and fear the supplication of the oppressed, for there is no barrier between him and Allah."
The hadith is authentic, narrated by Bukhari.
But brothers, where is the indication in this hadith for the gradualism proposed in the implementation of the Sharia? This hadith teaches us to consider the priorities in conveying the Sharia to people. The two testimonies are the key to entering Islam, and prayer and zakat are among the practical pillars of Islam that a Muslim must learn and act upon immediately.
Did the Prophet say to Muadh: "O Muadh, if they do not obey you and do not pray, leave them as they are with their laws contrary to the Sharia, and judge between them according to the laws they have agreed upon"?
Did the Prophet say to Muadh: "If they do not obey you and do not pray, then gradually implement the Sharia with them according to a predetermined timeline, and assure them that you will not impose the Sharia upon them, but you will consult them"?
Did he say to him: "O Muadh, you have the authority to determine the appropriate time to abolish the laws in Yemen and replace them with the laws of the Sharia"?
Did he say to him: "Since the Quran did not prohibit alcohol all at once, you should not prohibit it for the people of Yemen all at once"?
Did the Prophet say to Muadh: "If you find poverty and lack of security in Yemen, provide food for the needy and job opportunities for the unemployed, and prove your economic competence before implementing the Sharia"?
Did he say to him: "Focus initially on the doctrinal and moral aspects and do not apply the punishments, as the people of Yemen may find them burdensome. If a thief steals or an adulterer commits adultery, judge between them according to the laws they have agreed upon"?
Did the Prophet say to Muadh: "Strive for the satisfaction of the people of Yemen, even at the expense of the Sharia, and assure them that you respect the opinion of their majority so that they do not rebel against you or cooperate with the Persians or the Romans against you"?
Did he say to him: "Assure the people of Yemen that those who reject the Sharia will be a respected and protected group, who will be involved in building the new Yemeni society and making decisions"?
Is there a narration of the hadith that we do not know of, in which the Prophet, peace be upon him, said something like that? And can it be imagined that the Prophet would command Muadh with something like that?
Moreover, brothers, the hadith did not mention fasting. If the Prophet had sent Muadh during Ramadan, would his words to Muadh mean that he should not ask the people of Yemen to fast that year as a form of gradualism? And if Muadh had asked them to fast, would he have sinned for going against the Prophet's command of gradualism, as they claim?
If Muadh had been sent before the month of Ramadan, would he have the freedom to decide whether to impose fasting upon them that year or not, because he is authorized to determine the speed of the gradualism they speak of?
Furthermore, brothers, the rules of Islam are very numerous, and the Prophet mentioned only the two testimonies, prayer, and zakat. What about the rest of the commands and rulings? Is it reasonable that the Prophet left it to Muadh to determine the appropriate time to impose fasting, Hajj, supporting the oppressed, prohibiting riba (usury), alcohol, theft, indecency, hoarding, bribery, and other matters?
Those who advocate for gradualism say that one should focus initially on the doctrinal aspect before applying the rulings and legislative aspects of the Sharia. The Prophet mentioned only the two testimonies from the doctrinal aspect. If what the Prophet mentioned was exhaustive, it would mean that Muadh should have commanded the people of Yemen to pray and give zakat before believing in the Day of Judgment, the books, the angels, and destiny. Is this reasonable?
Moreover, does the hadith indicate that if the people of Yemen did not respond to Muadh's call to testify to the two testimonies, the Prophet, peace be upon him, would have accepted that and left them to their own devices?
Brothers, the hadith has nothing to do with the gradualism proposed, and the matter is clear with some contemplation.
There are many hadiths in which the Prophet commands people who have embraced Islam with certain matters and prohibits them from others, and we notice that he categorizes his commands and prohibitions. For example, when the delegation of Abd Qais came to him, he commanded them with four matters and prohibited them from four others. He commanded them to believe in Allah alone, saying: "Do you know what belief in Allah alone is?" They said: "Allah and His Messenger know best." He said: "Testifying that there is no god but Allah and that Muhammad is the Messenger of Allah, establishing prayer, giving zakat, fasting Ramadan, and giving one-fifth of the spoils of war." And he prohibited them from four things: hanatam, duba, naqir, and mizaft, which are vessels in which the Prophet used to make alcohol. The hadith is agreed upon.
Here, the Prophet, peace be upon him, mentioned fasting and giving one-fifth of the spoils of war, and prohibited what was used to make alcohol, but he did not mention these things in the hadith of Muadh. Does this indicate that he gradually implemented the legislation or applied it to the delegation of Abd Qais in a different gradual manner from what he did with the people of Yemen?
The matter has nothing to do with gradualism, and these commands and prohibitions are not exhaustive. The hadith teaches us that if you come to people who are ignorant of the rules of Islam, you prioritize the explanation of these rules to them, so that they are not overwhelmed by these rules and cannot learn and act upon them.
Prayer is an immediate matter that the people of Yemen need now, so they must learn it as soon as they embrace Islam. As for fasting, its teaching and the teaching of its nullifiers can be postponed until the approach of Ramadan. Similarly, Hajj is a duty that is performed once in a lifetime, and according to the principles of the scholars, it is permissible to postpone the explanation until the time of need.
We also understand from the hadith an important matter, which is that the people of Yemen, as soon as they testify that there is no god but Allah and that Muhammad is the Messenger of Allah, have declared absolute slavery to Allah and acknowledged and submitted to the sovereignty of the Sharia. They are not commanded with anything but they comply with it, because it is the command of Allah whom they have testified to His oneness. No issue arises after that but Muadh judges it according to the ruling of Allah whom they have testified to His oneness as a god, a lord, and a legislator.
Where is this from the gradualism that some people call for? It is the prioritization of explanation and teaching, not gradualism in slavery to Allah and submission to His rulings. From the moment of declaring slavery and absolute submission with the two testimonies, the Sharia has been applied. If no one from the people of Yemen performs Hajj after that declaration because the Hajj season has not come, and if no one from them commits a sin, the legal punishment is established upon him. Can we say that the Sharia has not been applied in full? Of course not, but it has been applied in full.
Where is this from the call to keep the positive laws as they are and refer to them until they are Islamized through the democratic process?
Then, my brothers, throughout the history of Islamic conquests during the time of the Prophet and the Rightly Guided Caliphs, and those after them, was there any instance where Islam was applied gradually, allowing those who entered Islam to drink alcohol or commit adultery for a year, for example, and then later prohibiting it? No, all Islamic rulings were applied entirely, and this is well-established and widespread in the application of rulings to the conquered lands. If anyone knows of an example from history that we are unaware of, let them bring it to us at that time.
There remains a great benefit in the hadith that I would like to discuss, but to not prolong this for you, we will discuss it in the next episode, God willing.
Episode summary: The hadith of Muadh is evidence of prioritizing the order in explaining the Islamic laws to people who have submitted to the rulings of God and are ready to implement them, and not evidence of gradualism in the application of the Sharia. Allow me to repeat: The hadith of Muadh is evidence of prioritizing the order in explaining the Islamic laws to people who have submitted to the rulings of God and are ready to implement them, and not evidence of gradualism in the application of the Sharia.
Until we meet again in the next episode, God willing. Peace be upon you all, and the mercy of God and His blessings.