Fiqh al-Dawa ila Allah wa al-Amr bi al-Maruf wa al-Nahy an al-Munkar
- Author died
- -
- Editions
- Fiqh al-Dawa ila Allah wa al-Amr bi al-Maruf wa al-Nahy an al-Munkar
Fiqh al-Dawa ila Allah wa al-Amr bi al-Maruf wa al-Nahy an al-Munkar (The Jurisprudence of Calling to God and Enjoining Good and Forbidding Evil) is a contemporary treatise by Abu Faysal al-Badrani addressing the legal principles, methods, and practical guidelines of Islamic propagation (dawa) and public moral accountability (hisbah).
Composition and Purpose
The treatise was originally compiled by the author as personal study notes before he expanded and published it as a concise manual for broader benefit. It presents legal rulings and practical points deduced from the Quran and the Sunnah, intentionally stripped of elaborate chains of transmission and lengthy textual proofs to preserve brevity.
Structure and Content
The work is organized as an itemized series of thematic sections covering the conceptual foundations, operational conditions, and interpersonal etiquettes of hisbah and dawa.
Definitions and Legal Categories
The author opens with essential terminology, defining hisbah as enjoining good when its abandonment becomes apparent and forbidding evil when its commission is manifested. It defines the agent (al-muhtasib), the wrongdoer (al-muhtasab alayh), and the objectionable act (al-muhtasab fih), clarifying that munkar (objectionable conduct) is broader than sinful disobedience (masiyah) and does not require the perpetrator to be legally liable (mukallaf).
The legal rulings governing enjoining good and forbidding evil vary according to circumstances:
- Individual obligation (fard ayn): Arises under specific conditions, such as official appointment by a ruler, exclusivity of knowledge regarding the wrongdoing, exclusive capacity to alter it, or widespread ignorance accompanied by a reasonable prospect of benefit.
- General obligation (wajib): Conditional upon six combined criteria, including the predominance of benefit over harm, absence of genuine fear of severe injury, public manifestation of the offense without intrusive surveillance, and the lack of sufficient fulfillment by others.
- Recommendation (mustahabb): Applies when sufficient fulfillment has already occurred, when severe harm is feared but benefit is still hoped for, or when the matter concerns non-obligatory recommendations and disfavored acts.
- Prohibition (haram): Incurs when intervention will verifiably fail to remove the wrong, cause greater corruption, or lead to distinct harm such as the killing of another individual.
Degrees and Methodology of Intervention
The text delineates the traditional three degrees of addressing wrong: by hand (bi-l-yad), by tongue (bi-l-lisan), and by heart (bi-l-qalb). While action by hand and tongue is restricted by capability and the absence of greater harm, internal condemnation by the heart is permanently obligatory upon every believer under all circumstances. Force may only be employed when milder means fail, when it does not incur a worse evil, and without drawing weapons or engaging in armed confrontation in the presence of established political authority.
In methodology, the treatise emphasizes wisdom (hikmah) and insight (basirah), defining wisdom as placing things in their proper context through forbearance, knowledge, and sound judgment. It outlines distinct rhetorical strategies tailored to different audiences:
- Atheists: Approached through innate intuitive proofs (al-adillah al-fitriyyah), definitive rational arguments, empirical observations, and scriptural evidence.
- Polytheists: Addressed by demonstrating the absolute perfection of God, the inherent helplessness of false deities, and the historical reality of the prophetic call to monotheism.
- Jews and Christians: Engaged by establishing the abrogation of earlier dispensations, highlighting textual distortions in scripture, affirming the human servanthood and messianic status of Jesus, and demonstrating the miracles of Muhammad ﷺ and the Quran.
- Muslims: Differentiated into receptive seekers who require clear proofs, sinners overcome by base desires who require encouraging and warning admonition (al-mawizah al-hasanah), and obstinate disputants who must be debated in the fairest manner.
Contextual Applications
The treatise dedicates specific sections to complex relational and administrative contexts:
- Rulers (al-wulah): Distinguishes between just and unjust authorities; counsel should primarily be conveyed privately with gentleness and tact, avoiding public denunciation on pulpits unless required by pressing legal necessity when a wrong is publicly committed and misconstrued.
- Parents (al-walidayn): Advice must be offered with utmost gentleness without verbal abuse, intimidation, or physical enforcement; if the parents reject the advice, the child must cease confrontation and pray for their forgiveness.
- Surveillance and Concealment: Spying (tajassus) is prohibited, except when state-appointed officials track transgressive offenses that pose imminent public danger; concealing the faults (satr) of individuals of good standing who commit isolated lapses is recommended, whereas persistent public corruptors must be reported.
- Attending Banquets: Attending gatherings containing illicit elements is permissible only if one possesses the ability to rectify the wrong, whereas attendance is forbidden if one is unable to change the wrong, unless compelled by legitimate necessity.
Sources
In his bibliography, the author lists reference works from classical and contemporary scholarship, including Ghidha al-Albab by al-Saffarini, al-Adab al-Shar'iyyah by Ibn Muflih, Zad al-Da'iyah by Ibn 'Uthaymin, the legal compendia of Ibn Taymiyyah and Ibn Baz, and fatwas from contemporary research centers such as IslamWeb.
Answer updated