Nomination is to Assist the Poor?

"Main objective of nomination, especially required or provided by the law is to assist the poor to channel their small sums of money without going through the trouble of making will or taking out a grant of representation." Quoted from Barry C. Crown (2007). Death and the Central Provident Fund: Legislative Intervention. Singapore Journal of Legal Studies, pp.138-147.  The modern or western introduced administration of estate proves to be problematic to Muslims as it does not take into account the limitation of testamentary disposition of the Muslim property. The modern idea of nomination with the purpose of assisting the poor fits squarely to the freedom and unlimited power of testamentary disposition of the western legal system. Thus when the idea was first introduced, the Muslim scholars rejected it. For the Malays, who are the avid Muslims without question, the idea is troubling indeed, but for sure they are not fanatical. For practical reasons the idea was accepted with modification. Thus fatwa was issued to allow nomination but the nominee is now a trustee, receiving the property of the deceased as a trust to be distributed among the legal heirs. Of course there was occurrence of abuse and breach of trust and this continues to be so, but Islamic law is not all about law and order, it is about personal integrity and a belief that there will be a final judgment in the hereafter that all wrongs will be corrected. Thus a person whose right was wrongfully taken or robbed will always contend to think that his or her offender will deserve punishment sooner or later and on top of that the offended is rewarded for his or her patient. This is not to be mistaken as to say that Islamic law takes lightly on the breach of trust as whenever this is a proof to such a felony, suitable punishment will be meted out. Thus within this idea of law and the character of the Malays who appreciate practicality and peaceful co-existence with others, the practice of nomination is accepted with modification. Practicality because many of the Malays in the past were poor and nomination therefore is supposed to assist them? Probably.           

Western Analysis on how hadith became important source of law in Islam

The below quotation taken from Rueben Levy (1969). The Social Structure of Islam. Cambridge University Press. It is a good book on the social aspect of Muslim life in the past before the dominance or advance of western politics in the Muslim lands. It has some explanation on the theoretical aspect of Islamic law that has relevance to the practice of Muslim societies and states. Such an explanation is not new to the western academic and the reproduction below is a rendering how Sunna or Hadith becomes important source of law marginalizing the use of reason.

"The holy cities of Arabia, in which the memory of the Prophet Muhammad (s.a.w.) had been perpetuated by numerous account - some authentic, others certainly not so - covering all the incidents of his career. Especially at Medina, where he spent the latter and more influential period of his life, the part played by "tradition" in justifying local custom was important one. The learned of Medina, in fact, being compelled by circumstances to supplement the legal provisions of the Koran, did so not as the provincial Muslims had done, by an avowed resort to reason, but by deliberately inventing Hadiths of the Prophet to justify their new regulations or fresh ways of applying Koranic laws... The Hadith properly speaking, is the report of the Prophet's Sunna or course of conduct, or of his doings and sayings, to anyone of which a particular Hadith may refer. The obvious way out of the dilemmas provided by the Koran or by the need for reconciling Koranic doctrine with conflicting but ineradicable alien practice, was to refer to what the Prophet had done in similar circumstances, and consequently the Sunna acquired an authority only a little less than that of the Koran itself."   at page 170.

List of Prominent Early Orientalists in Islamic Law

Prominent Early Orientalists in islamic Law, There is exhausitve list. But these names you will usually find when reading English materials in Islamic Law.

https://en.wikipedia.org/wiki/Islamic_studies_by_author_(non-Muslim_or_academic)

1.       Ignaz Goldziher (1850–1921), Hungary, Die Zahiriten (Leipzig 1884); Muhammedanische Studien (2 volumes, Halle 1889-1890) [t] {vol.2 questions hadith}; Vorlesungen uber den Islam (Heidelberg 1910, 1925) [t]; Die Richtungen der islamischen Koranauslegung (Leiden 1920); well regarded Jewish scholar, admirer of Islam, e.g., writing that he felt fulfillment when praying with Muslims in a Cairo mosque.

2.       Duncan Black MacDonald (1863–1943) Scotland; Hartford Seminary in U.S.; Development of Muslim Theology, Jurisprudence and Constitutional Theory (New York 1903); The Religious Attitude and Life in Islam (Chicago 1909).

3.       Leon Walerian Ostroróg, Comte (1867–1932) Poland, The Angora Reform (London 1927), on the "Law of Fundamental Organization" (1921) of republican Turkey transferring power from the Sultan to the Assembly; Pour la réforme de la justice ottomane (Paris 1912)

4.       Nicolas P. Aghnides (1883-19xx) Mohammedan Theories of Finance (Columbia Univ. 1916).

5.       Seymour Gonne Vesey-Fitzgerald (1884-19xx), Muhammadan Law, an abridgement, according to its various schools (Oxford Univ. 1931); The Iraq Treaty, 1930 (London 1932).

6.       Josef Schacht (1902–1969) France (Alsace), Islamic legal history, Der Islam (Tübingen 1931); Origins of Muhammadan Jurisprudence (Oxford 1950) influential work, a legal historical critique (following, e.g., Goldziher) the early oral transmission of Hadith & founding jurists; Introduction to Islamic Law (Oxford 1964); Legacy of Islam (2nd ed., Oxford 1974) edited with C. E. Bosworth.

7.       Henri Laoust (1905-1983) France, Essai sur les doctrines sociales et politiques de Taki-d-Din Ahmad Taimiya, cononiste 'anbalite (Le Caire 1939); Le traite de droit public d'Ibn Taimiya [al-Siyasah al-Shariyah] (Beirut 1948); Le politique de Gazali (Paris 1970)

8.       Ann K. S. Lambton (1912-2008) English, State and Government in medieval Islam (1981); Continuity and Change in medieval Persia. Aspects of administrative, economic and social history, 11th-14th century (1988)

9.       George Hourani (1913–1984) Lebanese English, Averroes. On the Harmony of Religion and Philosophy (London 1961) annotated translation of Kitab fasl al maqal of Ibn Rushd; Reason and Tradition in Islamic Ethics (Cambridge Univ. 1985); Arab Seafaring in the Indian Ocean in ancient and medieval times (Princeton Univ. 1951, 1995).

10.   Noel J. Coulson (1928–1986) U.K., Islamic law at S.O.A.S., History of Islamic Law (Edinburgh Univ. 1964); Conflict and Tensions in Islamic Jurisprudence (Univ.of Chicago 1969); Succession in the Muslim Family (Cambridge Univ. 1971); Commercial Law in the Gulf States: The Islamic Legal Tradition (Graham & Trotman 1984).

11.   Norman J. D. Anderson (1908-1994). He lectured on Islamic Law for three years at Cambridge and then from 1947 to 1971 he taught at SOAS, being appointed Professor of Oriental Laws in the University of London in 1954. He was the head of the Department of Law, School of Oriental and African Studies, London 1953-71; Professor of Oriental Laws, University of London 1954-75; Director of the Institute of Advanced Legal Studies in the University of London 1959-76.

Travelog To Pattani and Yala

Please go to this link

https://drive.google.com/file/d/1Q7UmZ5r1LTrY5_R9252hCdIap187mgR2/view?usp=sharing

Redesigning Sharia Law in the Recent Technology Development

Redesigning Sharia Law in the Recent Technology Development[1]

Ahmad Hidayat Buang

Department of Shariah and Law

Academy of Islamic Studies

University Malaya

Email: ahidayat@um.edu.my

1.         The idea that the Sharia Law is subject to change is anathema to the spirit of Islam, since God’s Law is immutable and not subject to any alteration, at least in the Sunni theology. The term redesigning here is to mean renewal or tajdid /islah of religious ideas that may have been diluted or swayed through believer’s neglect or laxness over a period of time. The hadith in fact decrees that at the turn of every century there will be a mujaddid, a reformer who will renew the faith. As such tajdid or islah is a theological consequence of human nature. In fact, the mission of Prophet Muhammad be peace and blessing upon him, is a renewal of the earlier mission of the Prophets before Him. As such the term renewal, reform and redesign would have a similar meaning and connotation except that the term reform is largely used in legal sense. For this presentation therefore these terms will be used interchangeably.  

2.       The application of Shariah or fiqh on the other hand is supposed not to be the subject of this theological renewal since the nature of the law by itself subject to change. Nonetheless, one should bear in mind that, in contrast to Civil or Common Law, the idea of law reform in those systems of law is quite different from Islamic Syariah although on the outward, both systems appear to have similarities one way or another. The term “law reform” particularly in Common Law system denotes that the law could be archaic or obsolete with the progress if time and hence needing a review. The majority of Muslim believe that this is not the case in Islamic law, at least to its cardinal principles and pillars to what is considered as obligation (wajib) and prohibition (haram) from the clear and definitive texts of the law i.e. Quran and Sunnah. It has been a slogan echoed that Shariah is suitable in and to all climates and times (al-Shari‘at Salihatun li kulli Zaman wa Makan).

3.       Although application of Shariah can be subject to renewal, with the imposition of taqlid in the third century Hijrah, particularly after the formation of Sunni Mazhab, making independence reasoning or investigation on the points of law had been restricted or limited. It was accepted that the opinion or view of the masters of the mazhabs must be followed and recognized by all believers and hence the beginning of taqlid or imitation era. The views of these masters had been further declared as valid explanation of the law from the texts. Indeed taqlid had its own merits at that point of time as means of believer’s unification in the era of political and theological turmoil, but over a period of decades and centuries some of its important legal position posed an obstacle to the progress of the law. Many modern scholars started from Afghani, Abduh, Iqbal, Rida and others progressive Muslim thinkers and leaders advocated the return of ijtihad or independent reasoning by which renewal of the application of Shariah is possible.

4.       Theological credential of tajdid in matter of faith is used to initiate program of renewal of Islamic law, to borrow the term used by Muhammad Sadr al-Baqir, as justification. Indeed there was a strong objection from the traditional circles during the early period of this renewal as the initiative mostly came from the political elites of Muslim community who were viewed with suspicion by the Muslim public as corroborators or vassals of the western colonial powers. Tajdid was therefore a strong defense against the jurisprudential invalidity of the renewal propagated by traditional circles. The essence of tajdid which is the renewal or return to original spirit and teaching of Islam taken directly from the sources. In the application of the Shariah, an addition to this is both jurisprudential methods and precedence or view of the past scholars, are used to innovate new approaches in finding legal answers or solutions.

5.       Mazhab in its traditional form is actually capable to offer solutions to most of modern day problems; an argument that have always been maintained by the traditional circles. In fact views of the mazhab are still used even by the most sophisticated and complex Islamic financial institutions. Applying the recognized jurisprudential methods and tools of a particular mazhab, solution is given to a given particular problem. This is known as ijtihad tanzili that is to say ijtihad on the new problem which has no prior answer using methods of jurisprudential within the mazhab, or even sometimes combination between schools of law or talfiq. This is an addition to the use of legal stratagems or hilah which is recognized by the Hanafis and Syafi‘is and thus known to them as hiyal syar’iyyah but nonetheless to the contempt of the Hanbalis in particular.

6.       The problem is not with the mazhab, as usually being said and portrayed, but it is with the traditional scholars who are reluctant to accept new innovative approaches of legal solution as proposed by the reformers. The so-called neo-ijtihad, as identified by Coulson, was the attempt by the early reformers to introduce the reform. This kind of ijtihad is different from the above ijtihad tanzili, as it proposes to offer fresh interpretation of the texts differently from the understanding of mazhab even the view that was confirmed through consensus of the scholars (ijma‘ mujtahidin).

7.       The impetus for such a brave proposals from the reformers was an attempt to reconcile the provisions of the Shariah with modern demands of the state and society. The Middle Eastern countries affected by modern political, educational, economic and cultural system and influence mainly through diplomatic ties, trades and later on western political colonialization of the Muslim lands, seek to develop their countries according to western/modern standards. This planning received support from the progressive Muslim intelligentsia including reformist scholars on the argument that the downfall of Muslim political and economic that was then affecting the Muslim community and state was the result of refusing reasoning and scientific advancement in learning and knowledge.

8.       Mohammad Hashim Kamali observes that although ijtihad has been articulated strongly as the way forward to reclaim the Muslim’s loss, later development shown no attempt has been made to actually operationalize or apply it in reality. Apart from few examples in Algeria, Egypt, Pakistan and India, the remaining Shariah law reform was basically done by employing broad principles of traditional jurisprudence especially from the Maliki mazhab, in particular the principle of Maqasid and to certain extend reference to scholars that advocated the use of basic nesseccity (daruriyyah) public interest (maslahah) in law such as Juwayni, Ghazali, Izz al-Din and Ibn al-Qayyim. Likewise the strict application of qiyas, such as formulated by Amidi and Suyuti, was abandoned to the preference to a more broad use of qiyas of the Malikis.

9.       Indeed, the renewal of the Shariah in the Muslim lands, if this can be accepted, started from the introduction of system of government through the introduction of state’s constitution which follows the constitution patterned through the France and American’s model on separation of powers, people’s liberty, democratic process of government etc. We saw the first parliament established in Ottoman Empire and Iran. The rest of the Middle Eastern countries and Pakistan follow suit except Saudi Arabia (despite this in the seventies joined the UN). The Muslim scholars either in the al-Azhar including those of the Shiites in Iran and the Muslim Brotherhood or Ikhwan considered the democratic setting up of the government as Islamic and the constitutions many these countries adopted Islam as state religion and Arabic or other native tongue as national language (although some of these countries because of the cold war inclined towards socialist system). Perhaps the most radical change in this respect was the Republic of Turkey who abolished the Caliphate, but despite this was not opposed politically by Said Nursi, the spiritual leader of Turkish Risalah al-Nur. The rest of the scholar of the Muslim world issued a fatwa prohibiting the abolishment and this fatwa later on was forgotten.

10.   Similarly, the economic system of many of the Middle Eastern countries was transformed into open free market economy with the adaptation of the western banking system based on interest. Surprisingly, the first countries to open such a bank was Ottoman and Iran while these two empire and dynasty were considered as Islamic state at least theoretically. The use of interest in banking system was subject to many debates in the Middle East. It was not universally prohibited by the ulama in the Ottoma and Iran. Similarly, on the introduction of commercial insurance. We saw in Ottoman and Egypt, papers and articles were published to support the use of interest in banking system and the use of insurance in business by scholars like initially by Abduh and Rida, and later vehemently by Ibrahim Zaki Badawi and Abd Razzaq al-Sanhuri.  Later on, in the modern times scholars like Khafif, Zarqa’, Duwalibi, Tantawi and others.

11.   Certainly, the idea of interest in the banking/finance system was not accepted by many other scholars whose opposed of the using broad maslahah in the law which led partially into allowing bank’s interest. Scholars like Ramadan al-Buti wrote a thesis limiting the use of maslahah and his view was accepted generally on the parameters how to deal with maslahah in a particular given case. Similarly, before him on the meaning of riba where bank’s interest was declared as a kind of riba and therefore as unlawful and non-permissible by Abu Zahrah and other handful of al-Azhar’s scholars. The Muslim Brotherhood or Ikhwan, especially by writers like Mawdudi and Qaradawi, denounced bank’s interest as riba and part of the western capitalist system with Zionist conspiracy attempting to dominate the world economy. Because the issue of bank’s interest has a close relation and similarities with prohibition of riba in the Quran and Hadith, compounding by the failure of Muslim elites and political leaders to bring stability and prosperity to the state and Islamic awareness of self-rediscovery of Muslim identity especially by young Muslim professionals, the view the bank’s interest is prohibited riba was accepted and now became the basis and raison d’etat of the modern Islamic banking/financial system.

12.   Renewal or reform (and for this matter redesigning) of Shariah also happened in other areas of Muslim lives particularly in education. The traditional system of Islamic education in theology, law and language was transformed following the changes in career profession in the modern Muslim states. Modern subjects such as science, engineering, medicine, technology, mathematics as well as social sciences subjects such as western law, economics, accountancy, literature, philosophy, foreign language primarily France and English have been introduced and at the end have diluted and weakened the dominance of traditional Islamic subject both in the content, pedagogy and institution. The result of these reforms in education have made Islamic studies graduates find themselves out the prospect of job careers and prestige which they once held high in the past.

13.   Education and literature primarily that of a free press and publication of novels have resulted in the resurgence of awareness among Muslim public. Together with it came the ideas of progress including that of western influence. Initially the debate on the equal rights of women and their fair treatment. Many views of the traditional laws on women were considered male biased and even discriminatory. Examples that normally quoted were the absolute rights of husband to divorce his wife through talaq, the rights of husband to enter polygamous marriage, underage marriage, the rights of father to enter forced marriage of his female ward and so on. Because of this the Muslim political elites wanted to introduce some reform so that the Muslim family may suit the modern world. Laws were introduced to curtail or even sometimes abolished the rights of husband talaq and entering additional marriage such as in Tunisia. Some of these reforms have reached other eastern Muslim lands such as Indonesia and Malaysia in the eighties.

14.   The same issue faced in the area of property law, normally succession and land (particularly wakaf). The ideas of traditional law of male dominance and perpetuation of private property in the hands of private individuals and family in these areas of law were reformed through legislation in making them compatible with modern ideas of succession and property which is to serve the benefit of immediate family members and public. Thus as example a wife has full right of her late husband’s estate under the doctrine of radd in case the husband has no male relatives and the state will only receive the deceased’s estate in case of es cheat. Wakaf of property for individual purposes (waqf dhurri or ahli) is prohibited and for those with welfare purposes (waqf khayri) is limited to 60 years or two generations. In Egypt most of the private wakaf was nationalized but this policy was more on the idea of socialist economy that dominated the political regime at that time than a pure Islamic law reform. But the most intriguing reform in the law of succession was the allowance and execution to bequeath to one’s legal heirs up to one third of the estate which is in fact a direct opposition to the traditional law. This reform is clear attempt to protect the interest of the immediate family members as it is in the case of modern law of succession.

15.   Some of the reform in Muslim family affairs were through administrative policy of the state, especially in curbing abuse of marriage and false claims of marriage, bequest and wakaf. Thus the requirement that every marriage should be registered and registration is only allowed if the applicants fulfilled certain conditions namely the bride and groom are not a minor. The consequence of non-registration was that no application/petition of maintenance or divorce or succession is allowed making the parties have no legal recourse to the courts and thus achieving the objective of discouraging child marriages. In respect of bequest and wakaf, it was declared that no court of laws will entertain the claim of bequest and wakaf unless it was made through documentary instruments endorsed by public notary. This administrative requirement made verbal wakaf and bequest as a matter of the past.

16.   It is noted by now that the motivation behind of these transformations had been influenced and aspired of having and building a modern, prosper and stable society and state which is equal or even better than in the West. Some these reforms were outright and blunt as in case of Turkey where Islamic law including that of family law, except in the case of public wakaf, were categorically abolished. However in the rest of the Muslim worlds these reforms are designed with the support from Islamic jurisprudence. I have shown the use of talfiq, hiyal, siyasah (as in the case of marriage registration) and occasionally fresh ijtihad (in case of abolishment of husband’s right of talaq) in these reforms. It is to say that although the reforms might have abandoned the view of traditional mazhab, but the justification for the reform is within the tradition of Islamic jurisprudence based on the overall and over-arching principle of Maqasid and Maslahah.

17.   The challenge of modernity and ideas of human liberty and freedom continue to challenge the Muslim scholars to find solutions. As I have noted above the idea of modern state and economy has already been adopted by Muslim states and community and to certain degree in family and personal property. While in the area of Islamic banking/finance the idea of traditionalists remain strong as result of oil-money economy of the gulf-states which are traditionally salafi-dominated stronghold that provide the resources and capital. This also explains on the lack of progress of Islamic banking/finance in other Middle Eastern countries especially in Egypt despite being the centre of learning in the Arab world. Aside this the direction of the modern Islamic banking/finance have shown evidence of redesigning itself by adapting modern banking practices as financial intermediaries which concern only in the business of finance that is different from the original philosophy of Islamic banking of profit and loss sharing concept. This can be seen in the heavy use of debt financing techniques namely tawarruq and murabahah in banking and financing and investment products that bear close similarities with conventional finance and banking.

18.   In the post-modern era emerges new challenges as the result of globalization and technology advancement especially the internet and social media. As world societies now become much closer than ever before, the challenges have shifted to issues such human rights and personal choice. These challenges are far more controversial because they are in direct collision with fundamental aspect of Islamic teachings. Issues like freedom of religious choice, pluralism, mixed marriage, the abolition of capital punishment such as hudud and death sentences, same sex marriage and many others. And in Malaysia issues such as minor choice of religion based on guardian’s religion and parentage of illegitimate child are some of the examples. All these challenges have yet to be addressed properly and satisfactorily.

19.   In the interest of time and place, I am not able to elaborate these points. However it can be noted here that the exponents of these seemingly un-islamic ideas of modern progress and technology advancement are not only using the modern narrative based on western values and cultures to support their pleas, but also employing evidence from the Islamic sources to make their point. And the same time is to outplay and beat the traditional circles arguments by repudiating their legal methodologies, especially the ijma‘ of the scholars and strict qiyas as well as restricted use of maslahah and maqasid. Once the traditional methodologies are declared fallible and even sometimes flawed, these “progressive ideas” would be declared as having an equal footing with the traditional mazhab; as an human effort to seek God’s will. Example of this technique or approach has been used before especially in the context of less controversial issues such as bequest to one’s legal heir, payment of zakat to non-Muslim, women’s choice not to cover their hairs etc.

20.   The final analysis of these challenges of recent modern technology is that whether the current jurisprudential methodologies are equipped to face these challenges. The answer was given by some modern Muslim thinkers such as Fadzlurrahman and the early reformists who argued that the understanding of the text and teaching of Islam must be sought from the context and world view of the Muslim community. The fallible of the traditional Islam/mazhab according to them was the perpetuation of the Arab practice of Sunnah or precedence that led into the emergence of Shariah Law of the Mazhab and later on became doctrinaire. Whether the proposal suggested by Fadzlurrahman is suitable or not in finding solutions to the modern and contemporary questions that are dominated by modern technology, it is up to the contemporary Muslim scholars and students to decide with it or otherwise. It is clear therefore the way to move forward in Islamic law to face the challenge of post-modern world and to enter the era of IR4.0 is to redesign its legal methodologies as envisaged above.  

Thank you

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[1] Keynote Address at 3^rd International Conference on Law and Justice, Academy of Islamic Studies, University Malaya, Kuala Lumpur, Malaysia, 5-7 November 2019.

Matawang Kripto Global Pasca Bitcoin

Artikel saya yang disiarkan dalam Berita Harian 6 Ogos 2019 halaman 10. Untuk capaian laman sesawang boleh ke link https://www.bharian.com.my/kolumnis/2019/08/593202/mata-wang-kripto-global-pasca-bitcoin

Mengangkat Tangan Ketika Doa Khutbah Kedua Jumaat

Kita sekali lagi dihebohkan dengan masalah furu' yang sudah selesai, kerana ada beberapa orang Ustaz membaca hadith di mana seorang sahabat mengkritik seorang sahabat lain membaca khutbah jumaat mengangkat tangan ketika berdoa. Alasan kritikan itu kerana beliau tidak pernah melihat RasuluLlah s.a.w. mengangkat tangan ketika berdoa di minbar khutbah Jumaat. Pandangan dalam mazhab menyatakan hukum bagi Khatib yang mengangkat tangan ketika berkhutbah jumaat adalah makruh dengan andaian bahawa pengetahuan Sahabat tadi tidaklah bermakna perkara sedemikian tidak pernah berlaku. Ini adalah satu bentuk ihtimal atau anggapan. Dalam kaedah Usul al-Fiqh anggapan membawa kepada Zann. Ini ditambah lagi terdapat hadis sahih di mana RasuluLlah mengangkat tangan di minbar jumaat ketika berdoa istisqa' (doa khas meminta hujan). Begitu juga khatib yang mengangkat tangan berdoa ketika di minbar juga seorang bertaraf sahabat. Oleh yang demikian ulama mazhab menyatakan hukumnya sebagai makruh. Oleh demikian, tidaklah timbul persoalan ianya sebagai bid'ah. Namun persoalan yang seterusnya apakah hukum bagi makmum atau hadirin jumaat yang mendengar khutbah itu mengangkat tangan ketika berdoa. Maka sesetengah ulama mazhab turut memakruhkannya. Asas hukum ini adalah qiyas kepada hadis di atas. Namun pandangan ini ditarjihkan kemudiannya dengan menyatakan penggunaan kaedah qiyas kepada makmum adalah tidak muktabar atau boleh diterima kerana terdapat hadis-hadis lain yang sahih menganjurkan tangan diangkat ketika berdoa. Dalam kaedah Usul al-Fiqh sesuatu suruhan atau anjuran yang bersifat umum itu kekal dengan keumumannya sehingga ada dalil mengecualikannya. Dalam konteks ini para ulama menyatakan terdapat beberapa tempat di dalam solat tangan tidak diangkat ketika berdoa iaitu ketika doa iftitah, ketika duduk antara dua duduk dan duduk tasyahhud. Oleh yang demikian mengangkat tangan bagi makmum ketika khatib membaca doa terangkum di dalam keumuman nas dan tidak boleh dibatalkan oleh qiyas. Oleh yang demikian tidaklah timbul persoalan ianya bid'ah sebagaimana yang digembar gemburkan. Nasihat saya ialah ilmu hadis ini bukan medan perbincangan umum kerana petikan-petikan yang diambil dari hadis jika tidak diteliti dari pelbagai sudut boleh menimbulkan kekeliruan. Begitulah juga, jangan cepat membuat kesimpulan menyalahkan amalan-amalan yang sudah berlaku dalam masyarakat sebagai bid'ah hanya semata-mata melalui pembacaan dan kefahaman hadis secara literal. Tuduhan menyatakan mereka yang tidak bersetuju dengan pandangan kefahaman literal ini sebagai menolak hadis adalah satu pembohongan dan pendustaan kepada orang Islam yang lain. Benarlah kata Imam Nawawi ilmu hadis yang hendak dijadikan ikutan kepada orang awam adalah  bidang mujtahidin. Maksudnya orang awam apabila membaca hadis hendaklah merujuk kepada ilmuan dalam bidang hadis dan Usul supaya mendapat kefahaman yang tepat mengenai makna hadis berkenaan.