The Existing Theoretical Framework According to the Current Literature

Talfīq means piecing together or patching up through combination and fusion of juristic opinions of diverse nature. Talfīq did not exist in the era of the Prophet because there was no need of it.

When Prophet Muhammad was alive, there was no need for any other guide because he was able to proffer solution to all matters. The Prophet was there to guide his followers on the necessary steps to take when confronting any issue. The companions studied him and imitated him. They documented his sayings and deeds for their use and for the use of future generations. Their collections were passed on to others. These collections contained all the cases he had judged and all the decisions he had reached. Talfīq became an issue after his death particularly during and after the time of the four Imams.

Talfīq can also mean mixing madhhabs for separate acts that have no direct link or dependency between them. It is also referred to mixing madhhabs for separate acts that are dependent on one another. For instance, salat depends on ablution (wudui). An example is that if one is performing wudui like a Maliki, one has to wipe one’s entire head hair. However if one is performing wudui like a Hanafi, one does not wipe one’s entire head hair. If one is performing wudui in a hanafi way (by not wiping one’s entire head hair) and the person is praying like a maliki, such a person is practising talfīq in separate acts of wudui and salat. Talfiq can also be done within the same act. An example is when one is praying in a Hanafi way, one has to cross one’s hand on one’s chest in the prayer. The hands should be left dangling to the side if one is praying like a Malik. If a person is praying like a Maliki, and the person crosses his hand on his chest in the prayer, he is mixing the laws of Islamic jurisprudence of the two schools (Hanafi and Maliki). Rukhḥah (relief) reveals itself in the principle of Talfīq where verdicts are combined together particularly when they are consistent in expressing the same line. (Ibn Qudamah, 1985;

Kasani; Ahmad ibn Hanbal; Sihnun, 1323)

Talfīq and the Issue of Rukh ah

Rukhḥah means relief. It connotes the rules enacted by Allah to lighten the obligation of a Muslim that is bound by Islamic rules and regulations in certain cases that call for such a relief.

It is used in case of emergency or compulsion. The Prophet said: “Verily, Allah likes His rukh ahs to be adopted just He wishes that His obligations are obeyed. Verily, Allah gets furious with whoever does not follow His rukhḥah” (Ibn Qudamah, 1985; Ibn Hazm; AI-Ghazali, 1322; Mirza Gharawi).

Rukhḥah is the permission given by Allah to His servant in order to reduce his burden. This is to bestow comfort and abundance upon the weak and the excused. When one is on a journey of 78km or more, he is permitted not to fast as a form of rukhḥah. Some scholars consider it ḥaram (unlawful) for a person who fast on a journey of more than 78KM. He should make his duty easier for himself by finding or using and following rukhḥah i.e. the verdict that is lighter and easier.

A mujtahid does not need talfīq because he is competent to deduce the rulings of Sharī‘ah from the two sources by himself without relying on any schools. He is to act on his inferences and may not follow others’ opinions. Talfīq is for Muqallid i.e. non – mujtahid. It is not for mujtahid. If a person is acknowledged as the most learned jurist, and has all the qualifications of his positions, he may not need talfīq and rukhḥah. The most learned person’s view may be followed. Talfīq may also be called taqlīd i.e. what they call talfīq is nothing but taqlīd.

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Rukhḥah is a subset of talfīq. A person has the right to choose a way that is the easiest for him.

The Sharī‘ah has no objection or prohibition against it. The adoption of rukhḥah should not be for the sake of entertainment.

Reasons for Opposing Talfiq

If people indulge in it, it can cause weakness in their character or moral standards i.e. they may not be committed Muslims. It may also lead to open refusal to obey the order of the legitimate ruler. It can cause damage and evil consequences. Talfīq may lead to the use of dishonest methods in matters of the Sharī‘ah to achieve what one wants. Therefore, the tendency to commit ḥaram in the name of rukhḥah is possible. It may make a person fāsiq (a wrong-doer or a sinner).

However, it is not right to say people should not take to rukhḥah simply because it can cause the above-mentioned evils. The Qur’ān allows rukhḥah and the Prophet also said he prefers following the easier path of any two ways. It is not right to prohibit something that is allowed by rules. Some rukhsahs have great effects such as in marriage and divorce. For instance, divorce is invalid when one pronounces it during anger or when one is angry (Vermin, 1978; Mirza Gharawi; Al-Sadr)

Benefits of Talfiq

A person has the right to choose a way that is the easiest for him provided the way does not go against the Sharī‘ah. It is very useful when putting up guideline for Islamic economic system, Islamic banking etc. This is because verdicts issued by several jurists may be combined together to form the theoretical framework for such disciplines. In relation to this issue, Martyr al-Sadr explains in his book, Iqtisaduna:

The exploration of economic doctrine is accomplished through an operation of ijtihād in understanding authentic texts (nass), classifying them, and reconciling their indications in a uniform manner, and we saw that ijtihād differs and varies as a result of the mujtahids' difference, in the way they understand the authentic texts and resolve the contradictions that occasionally emerge among those texts, and the difference in the rules and general jurisprudential methodologies that they employ. We also saw that ijtihād enjoys a shar'i characteristic and an Islamic attribute as long as it fulfills its obligation and provides a picture and defines its limits and contours in the framework of the Book and the Sunnah, and according to the general conditions that are not violable. It is concluded from what we said that the increase of our reserve with respect to Islamic economy and the emergence of numerous forms of it, are all legitimate and Islamic, and we can possibly select, in every field, the strongest element that we find in that form and the most powerful one in solving the problems of life and realizing the exalted ideals of Islam. This is an opportunity of inherent choice where a researcher holds his freedom and opinion.

Taking advantage of this inherent opportunity and conferring the doer a right in selection in the general framework for ijtihād in

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Islamic law is sometimes necessary condition from the technical viewpoint of exploring operation (Al-Sadr).

Summary

In this lecture, we have learnt that takhayyur is freedom to be guided by the law of any schools of Islamic jurisprudence while talfīq is combination of juristic opinions of different schools.

We have explained that the differences in the rulings of the schools are not on major principles. Their differences are on the interpretation of certain aspects of jurisprudence. In this lecture, we stated that the founders of the four schools loved, respected and learned from one another. The issue of rukhsah and the benefits of talfīq were also examined.

Post-Test

1. Talfīq means – 2. Takhayyur refers to –

3. Explain in relation to takhayyur the Hadith: “Differences of opinion among my Ummah are a form of blessings”.

4. What are the merits and demerits of talfīq?

5. Discuss talfīq and the issue of rukhṣah.

References

Vermin, B. R. 1978. Muhammedan law (in India and Pakistan). Allahabad. Delhi law house.

Ibn Qudamah, M. (1985). Al-Mughni. Volume 3 .Beirut: Dar-al-Fikr.

Ibn Hazm n.d. Al-Muhalla vol. XI. Beirut: Dar al-Afaqil Jadidah volume Ahmad ibn Hanbal (nd) Musnad, chapter 2.

Mirza Gharawi (nd) Al-Tanqih, al-Ijtihād wa al-Taqlid. pp. 77-81.

Kasani (n.d.) Bada ‘I as-sana’ fi tartibush-shara‘. Volume 7. Cairo: Sharikah al-Matbu‘atil Islamiyyah.

Doi, A. I. (1984). Sharī‘ah (The Islamic Law). London: Ta Ha Publishers.

Al-Ghazali, A. H. (1390) Shifa’ Al-Ghalil. Baghdad: Al-Irshad

Al-Ghazali, A. H. (1322) Al-Mustasf min ‘lmil uḥūl.Cairo: Halabi Press

Al-Hakim, S. M. (nd) Al-'Urwah al-Wuthqa vol. 1. Tehran: al-Maktabah al-'llmiyyah Al-Sadr, M. B. (nd) Iqtisaduna, vol. 2, p.380

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