** (Series of answers by the scholar Ata bin Khalil Abu al-Rashtah, Ameer of Hizb ut-Tahrir, to questions from the visitors of his Facebook page "Fikri") **
To: Abdulnaser Fakhaydah - Ibrahim M Bader
The Questions:
Abdulnaser Fakhaydah:
As-salamu alaykum, may Allah protect you and take your hand toward the victory of Islam. My question is: Can "means" be attached to the "Idea," according to the division of the ideology into an Idea and a Method? Your son and brother: Abdul Nasser Hamid Abu Ahmed.
Ibrahim M Bader:
As-salamu alaykum wa Rahmatullahi wa Barakatuh... To proceed, I have questions regarding the Idea (al-Fikrah) and the Method (al-Thariqah):
A. Are there rulings within the Idea that have no corresponding rulings in the Method? If the answer is yes, are rulings that require ta’zir (discretionary) punishments considered as such? For example, matters like monopoly (ihtikar), cheating, usury (riba), and similar ideas, as they are left to the ijtihad of the Imam and thus the ruling differs from one person to another.
B. Are there rulings within the Method that pertain to the individual, or do they only pertain to the State or the group?
If there are no rulings pertaining to the individual, then what is the treatment of a nashiz (rebellious) wife by the husband called? What is the defense of wealth and honor by the individual, individual Jihad, and a father hitting his son for prayer after the age of ten called?
May Allah bless you, our Sheikh, and aid you in what is good for Islam and the Muslims.
The Answer:
Wa alaykum as-salam wa Rahmatullahi wa Barakatuh.
These two questions share some similarities and a connection, so I will answer them together:
Islam consists of an Idea (Fikrah) and a Method (Thariqah). The creed (Aqeedah) and the Sharia rulings that treat human problems constitute the Idea. The Sharia rulings that explain how to implement these treatments, maintain the creed, and carry the Dawah constitute the Method.
Means (Wasa’il) are the material things a person uses when performing their actions; in other words, they are the material tools used to carry out actions (such as a computer). Styles (Asaleeb) are the non-permanent ways a person establishes to perform their actions; in other words, a style is a specific way of performing an action, and it is a non-permanent manner, such as the (manner of distributing a leaflet). Means and styles are worldly matters left to human estimation. As long as this is their reality, they cannot be categorized under the term "Idea" nor under the term "Method." This is because the Idea and Method are fixed matters that do not change and are taken only from Islam. As for means and styles, they can be taken from both Muslims and non-Muslims and change according to need. They are like worldly sciences such as mathematics, physics, methods of developing fruits and trees, and the manufacturing of weapons. These are all worldly matters that Islam left for people; a Muslim may learn them from another Muslim or a non-Muslim because they do not relate to the viewpoint of life. Thus, worldly matters such as means, styles, and worldly sciences that do not relate to the viewpoint of life do not fall under the terms Idea or Method. This is because, as mentioned earlier, "the Idea and Method are fixed matters that do not change and are taken only from Islam, whereas means and styles are taken from Muslims and non-Muslims and change according to need, just like worldly sciences..."
There is no Idea in Islam that does not have a Method for its implementation.
As for ta’zir punishments—which are punishments for sins for which the Legislator (ash-Shari') did not set a fixed penalty, but rather left the determination of the penalty to the Imam or the judge—these are part of the rulings of the Method. The fact that the Sharia did not specify the punishment does not mean at all that it did not establish a method for implementing the Sharia rulings that it penalized non-compliance with through ta’zir. This is because it legislated ta’zir and explained the details of its rulings and types... and left it only to the Imam to choose from among the types of punishments explained by the Sharia, and in the amount he deems appropriate for the reality of the sin and the sinner. That is, the Sharia explained how to apply these rulings by demanding the imposition of a punishment on those who do not comply, but the amount and type of this punishment are what the Sharia left to the Imam or his deputy.
Some rulings of the Method pertain to the State, while others pertain to the individual. Disciplining a child, punishing a wife in the case of nushuz (marital discord), and certain rulings of Jihad related to an individual’s self-defense are all part of the rulings of the Method, and they pertain to the individual. However, the Method rulings predominantly pertain to the State because the State itself is the method for implementing the rulings of Islam.
Your brother, Ata bin Khalil Abu al-Rashtah
Link to the answer from the Ameer's website
Link to the answer from the Ameer's page on Google Plus