Fatwa #142266 May 2006United Kingdom
an usool that some ulama quote dear Mufti - that as long as a person doing a 'new' act (not in the Sunnah and practice of the first 3 generations) with the intention that it isn't a sunnah or part of Deen
Question
i don't understand an usool that some ulama quote dear Mufti - that as long as a person doing a 'new' act (not in the Sunnah and practice of the first 3 generations) with the intention that it isn't a sunnah or part of Deen then it is permitted. This surely will lead to many bidat being practiced. e.g I can say that I like to wipe my eyes during the adhan and then do a 5 rakat prayer - but don't xonsider it to be from the sunnah so its ok.
Surely anything that is done which has a Deeni context is considered a religious act an hence must be verifed in the Sunnah. If it is not in the Sunnah nor in the first 3 geerations of Muslims then it is a Bidat. The next question is: is it Bidat Hasanat or Sayiaat. e.g Milad Nabi wsas never in the Sunnah nor in the 3 generations, yet the major Ulama of theUmmah have said that as long as haram acticcites are not done, the maqasid of the celebration is good and so it is bidat hasanat.
Surely we must look at any new act to do with religion in this way and then either allow it as a bidat hasanat or forbid it as a bidat sayiaat and not say that it is linked to intentions. No one does a act relating to religion thinking it to be a 'non religious act'. So e.g some people pescribe new dhikrs for problems e.g. say ya Alimu 100 times etc. We cannot say, "This can be done as long as one inteneds it not to be a sunnah" as the act is a religious one and is relating to Deen and new so defintely is Muhdathat and bidat - now the ulama must have ijma upon if it is hasant or sayiaat.
If not then why did Abu Bakr Radiahllaho anho become anxious about writitng the Quran down - he could have done it with the intention that it wasn't a sunnah - but NO - becuase the act is relating to deen, and is new, so is muhdathaat and is defintely Bidat - but the Sahab have Ijma that this is bidat hasanat and worth doing so Alahmdulilah it was done.
And Surely I have no Knowledge and am Jahil until Allah guides me. May Allah elevate your status dear Mufti Saab for your work.
Answer
It appears that your doubt stems from the fact that anything done in a Deeni context is a religious act and must be verified in the Sunnah. It must be pointed out that the Hadith ‘kullu bid-atin dhalaalah’ (every bid’ah is deviation) is not absolute. In juridical terms, it is referred as Kussa anhu albaz (some components are excluded).
The Muhadditheen have stated that there are five categories of bid’ah:
1. Waajib, for example, learning Sarf and Nahw (etymology and syntax) in order to understand Arabic;
2. Haraam, for example, the beliefs of the deviated sects;
3. Mustahabb, for example, establishing Madrasahs;
4. Makrooh, for example, beautifying Musjids and Qur’aan (out of pride);
5. Mubaah, for example, eating different dishes at once.
The common factor in the categories of bid’ah 1 and 3 is advancing the course of Deen. That obviously has to be done in a way that maintains the prestine purity and general purpose of the Shari’ah. This is a general principle that could be misinterpreted and include in it acts of bid’ah. It is, therefore, advisable that any new act be presented to competent Ulama to determine whether it is bid’at-e-Hasanah or a rejected bid’ah. The Dhikrs prescribed by Mashaaikh falls in the category of bid’ah Mandoobah – as it is advancing the cause of Deen and it has its basis as Tazkiyah in Shari’ah.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai