Introduction The legal obligations and duties differ from one another in their degree of performance. Some of them have priority over the others and thus they must be performed first. Likewise the legal injunctions have different stances; there is the required the obligatory the banned the forbidden and the desirable. For this reason we need to understand these priorities in order to be able to put each deed and each obligation in its appropriate position and to relate deeds to their adequate stances. The understanding of these priorities guarantees correct worship and sound transactions. Allah the Almighty says: «Do you consider the giving of water to pilgrims and the maintaining of the Sacred Mosque equal to believing in Allah and the Last Day and striving in Allah's cause? They are not equal in Allah's sight and Allah does not guide the evil doers. Those who believe and have emigrated and have striven for Allah's cause with their wealth and their lives are higher in rank in the sight of Allah and those are the successful». [At-Tawba/ Repentance 19 and 20] These verses assert that the value and the position of the fighter for Allah's cause are higher and weightier than those of the devotee of worship in the Sacred Mosque (Mecca). In this context Abdul Allah bnu El-Mubârek (named Abu Abdu Ar-Rahman) told El-Fudîl bnu Ayad who was exclusively devoted to worship Allah in Mecca: O worshipper in the two Harams if you observe us You recognize that you are dallying with worship. If your cheeks are tinged with tears So our necks with blood are tinged. Or if your horse is getting tired for nothing Our horses in the battle (Djihad) become tired. When El-Fudîl bnu Ayad read these lines his eyes shed tears then he said: «Abu Abdu Er- Rahman is right». Prophet Muhammad (PBUH) said: «Faith is more than seventy qualities: The highest one is to confess that there is no god worthy of worship but Allah and the lowest is to remove all what may cause harm in the street and modesty is one of the qualities of faith». [Agreed on] - The Sahaba -may Allah be pleased with them- strived for working according to priorities and this was apparent mainly in their lot of questions about the highest positions and degrees of deeds in order to act accordingly. - Abu Hurayra reported that Prophet Muhammad (PBUH) was asked about the best of deeds he replied: «To believe in Allah and His Messengers». He was then asked: Then what? Prophet answered: «To fight in the cause of Allah» he was also asked and then what? He replied: «An accepted pilgrimage». [Reported by Al-Bukhâri] - Abdul Allah bnu Massûd said: I asked Prophet Muhammad (PBUH): "What is the most desired deed for Allah?" He replied: «Performing prayers in their times». I said: "Then what? He answered: «Obeying ones parents». I said: "Then what?" He said: «Fighting for the cause of Allah». [Reported by Muslim] Disappointment and disorder in the scale of priorities are well noticed nowadays. People pay much more importance to the supererogatory worships than the obligatory ones and to the individual worships over the collective or the social ones. They also show interest in the subsidiary matters and neglect the principle ones. This disturbance and imbalance lead to the waste of time and energies the creation of crisis and the rupture of relations between people. I. The definition of Fiqh of priorities Fiqh of Priorities or the understanding of deeds' scale means the knowledge of the importance of deeds from the most to the least important. This precedence must conform to the
legal criteria. Therefore priority must be given to the rudiment (matter) over the branch to the obligatory over the supererogatory to the most important over least important... II. Fiqh of priorities and the legal interests Islamic Sharia established a set of interests; they are the requisites (religion self posterity mind and wealth) the needed and the improving but it gives precedence to the requisite over the needed and to the needed over the improving What happened in the Hudaybiya Reconciliation is one of the best examples that affirm the importance of considering priorities. In fact Prophet Muhammad (PBUH) relinquishes the writing of «On the name of Allah the Most Gracious the Most Merciful» and wrote instead of it «On your name my Lord» and he also wrote "Muhammad the son of Abdul Allah" instead of "Muhammad the Messenger of Allah". Prophet Muhammad (PBUH) did so because he wanted to devote the peacetime to educating people promulgating Islam and calling the kings of different countries to embrace Islam. III. Fiqh of priorities and the legal ordainments Islamic Sharia gives priority to: - The obligations over the Sunan and the supererogatory (the practices of Prophet Muhammad (PBUH): - Ibnu Omar reported that Prophet Muhammad (PBUH) said: «Islam is based on five pillars: The two Shahadat (to say: there is no god but Allah and Muhammad is His Messenger) offering prayers fulfilling Zakat (legal alms) fasting during the whole month of Ramadan and making pilgrimage for those who are able». [Agreed on] - Ibn Abass reported that Prophet Muhammad (PBUH) said to Muâd when he sent him to Yemen: «Invite them to confess that there is no god but Allah and Muhammad is His Messenger. If they accept inform them that Allah has ordained five prayers a day and night. And if they accede to your request inform them that Allah ordered their rich to pay alms to their poor». [Agreed on] - Talha bnu Aubayd Allah said: «A man from Nadjad came to Prophet Muhammad (PBUH) we heard his voice but we did not understand what he was saying until he approached Prophet Muhammad (PBUH) who said: «He is asking about Islam». The prophet replied him: «Five prayers a day and night (i.e. to perform five prayers a day and night)». The man asked: «am I obliged to perform more than five?». The Prophet answered: «No except if you want to do them voluntarily». The Prophet continued: «And fasting during the month of Ramadan». The man said: «am I obliged to fast more?». The Prophet said: «No except if you want to fast them voluntarily». Then the man went out saying: «By Allah I will neither add to them nor reduce them». The Prophet added: «Successful is he who says the truth (and applies what he says)». [Agreed on] IV. Fiqh of Priorities and the Legal forbidding The legal forbidding differ from one another in their degree of prohibition. Prophet Muhammad (PBUH) said: «Shun the seven atrocities». They (the Sahaba) asked: «What are they o prophet of Allah?». He replied: «Disbelieving in Allah bewitching persons killing the soul that Allah forbade except by right coumingns usury usurping the orphans' property falsely retreating from the war and accusing the chaste believing women who are unmindful (i.e. they never think of anything that may touch their chastity)». [Reported by Imam Muslim] - Shunning the major kufr (disbelief) which is apostasy must be given priority over shunning the minor or the lesser Kufr which is to be ungratefulness to Allah for His grace. - Abandoning the major Shirk (polytheism) which is to attribute an associate to Allah must be given precedence over the lesser Shirk like swearing by others than Allah. Prophet Muhammad (PBUH) said: «He who swears by others than Allah is a polytheist (lesser polytheism)». [Reported by Imams Ahmed and Et-Termithi]
- Giving up the major Nifâq (hypocrisy) which is that of faith (Aqida) must be prior over shunning the lesser Nifâq which is that of behaviors and actions. Prophet Muhammad (PBUH) said: «The signs of a hypocrite are three: whenever he speaks he lies; whenever he promises he breaks his promise; and whenever he is trusted he betrays the trust». [Agreed on] V. Fiqh of priorities and knowledge Islam gives precedence to knowledge over work (action). Knowledge is considered as a guide and work is its disciple. Imam El-Bukhâri includes in his "Sahih" a chapter which he titled "the Chapter of Knowledge before Saying and Deed". Among the arguments that he based his work on we can mention the following: - Allah the Almighty says: «So know that there is no god but Allah and ask forgiveness for yourself and for the believing men and the believing women. And Allah encompasses you with His care whenever you go». [Surat Muhammad 19] - Prophet Muhammad (PBUH) said: «That whom Allah likes makes him skilled in religion». [Reported by Imams El-Bukhâri and Muslim] Knowledge is highly required because it is the essence of understanding the revelation; and because of knowledge people can distinguish between: - What is right and what is wrong in matters of belief. - What is correct and what is false in the sayings. - What is from the Sunna and what is a heresy in worship. - What is lawful and what is forbidden in behaviors and conducts. - What is valid and what is invalid in transactions. Knowledge protects and prevents one from deviation and committing sins. In this context Imam Hassan Al-Bassri said: "A worker without knowledge is like a walker on no road". VI. Fiqh of Priorities and the Legal Opinion (Fatawa) The position of Fatawa in Islam is very high and very important because the Mufti (the one who delivers the legal opinion) signs (the Fatwa -singular of Fatawa) on behalf of Allah the Almighty and this is what Ibnu El-Qayyim affirms in his book "Informing the Signers on behalf of the Lord of the Worlds". - Omar bnu El-Khatab says: «The boldest enough of you to deliver a Fatwa risks more Fire». Delivering any Fatwa must be done according to a medium and moderate method and many legal texts either from the Qur an or the Sunna point out the necessity to adopt this divine method. The observance of facilitation in the domain of Fatawa thus is one of the characteristics of this method. Allah the Almighty says: «Allah desires ease for you and not hardship». [Al-Baqara/the Heifer 185] «Allah desires to make things easier for you for mankind was created weak (to resist his lusts)». [An-Nissâ'/the Women 28] - Aisha the Prophet's wife said: «Whenever Prophet Muhammad (PBUH) was let to choose between two matters he was always choosing the easiest of them so long as it was not sinful. If it was so he would be the very person to shun it». [Agreed on] - Prophet Muhammad (PBUH) says: «Facilitate things and do not harden them give glad tidings to people and do not frighten them». [Reported by El-Bukhâri and Muslim] - Djâbir bnu Abdul Allah said: Prophet Muhammad (PBUH) says: «It is not from Birr (good deeds) to fast during travel». [Agreed on] The travel that is meant in this Hadith is the arduous journey and if it is not arduous the person is free to fast or break his fast; and there is no sin on him in both cases. - Hamza bnu Amru Al-Aslami who fasts frequently asked Prophet Muhammad (PBUH): Shall I fast during my travel? Prophet replied: «If you want to fast so fast and if you want to break your fast do so». [Agreed on] - Abi Massûd El-Ansâri reported that a man told Prophet Muhammad (PBUH): O prophet of Allah! By Allah I do not perform the Subh prayer in congregation because of so and so; he elongates the prayer». Prophet Muhammad (PBUH) was enraged when hearing this then he answered: «Among you (persons) who alienate people (from performing congregational
prayers). So whoever leads the prayer has to be brief and light for there are among them (those who pray) the weak the aged and the one who have needs to attend to». [Agreed on] - Prophet Muhammad (PBUH) reproached Muâd bnu Djabal for prolonging in prayer. He told them three times: «Do you want to inflict pain upon people?». [Reported by El-Bukhâri and Muslim] - Ibnu Massûd reported that Prophet Muhammad (PBUH) said thrice: «Perished are the fanatics». [Reported by Muslim and Abu Dawûd] Islam established gradation and the observance of wisdom in one's actions and behaviors. This appears clearly in the attitude of Omar bnu Abdul Aziz named the fifth Orthodox Caliph when his son Abdul Mâlik asked him: «O my father! Why are you not putting the ordainments into effects? By Allah I do not mind even if we die for the sake of establishing the truth». Abdul Mâlik means to eliminate corruption and injustices at once. His father answered: «Do not precipitate things my son. Indeed Allah dispraised wine in the Noble Qur an twice and forbade it in the third (time) and I am afraid if I oblige them to perform their duties at once they will reject them all at once». - The thing that affirms facilitation in Islam and broadens its scale is the existence of legal reasons and excuses like inability illness need old age inconvenience necessity and others. VII. Fiqh of Priorities and Deeds Deeds differ from one another in their degrees and rewards. Prophet Muhammad (PBUH) says: «Faith is more than seventy or sixty branches. The highest one is: "There is no god worthy of worship but Allah" and the lowest one is to remove all what may cause harm in the street and shyness is one of the qualities of faith». [Reported by imams: El-Bukâhri Muslim Abu Dawûd Et-Termithi Ahmed and Mâlik from Abu Hurayra] 1- The permanent deed is given priority over the sporadic one. Prophet Muhammad (PBUH) said: «The work that Allah desires more is the persistent one even if it is little». [Agreed on] «You must perform only deeds you can bear indeed Allah never gets tired until you are exhausted». [Agreed on] 2- The deed whose benefits extend to others is given precedence over the one whose benefits are limited. Prophet Muhammad (PBUH) says: «Indeed Allah and His Angels and the people of Heavens and the Earth and even the ant in its hole and the whale pray for the one who teaches people good things». [Reported by Abu Umâma] «The best of you is the one who learns the Qur an and teaches it to others» [Reported by Imam El-Bukhâri] «Seven (people) will be sheltered in Allah' shade the day when there will be no shade except Allah's: a just ruler». [Reported by Imams: Al-Bukhâri and Muslim] this ruler is given such high position because of his justice that has benefited all people. - Abdul Allah bnu Omar reported that a man came to Prophet Muhammad (PBUH) and asked him: "What kinds of people Allah desires more? The Prophet replied: «The people that Allah likes more are those who are useful and the deed that Allah desires more is to make a Muslim happy by removing an anxiety from him or paying off his debts or feed him when he is hungry. If I help my Muslim brother in a need that he wants to acheive is better for me than secluding myself in this mosque (that of Medina) for worship for one month; and the one who suppresses his anger while he is able to give vent to it Allah will fill his heart with satisfaction on the Day of Resurrection and the one who accompanies his brother to perform a need he wants to acheive to and stays with him until he accomplishes it Allah will make his feet steady the day when feet slip». [Reported by Imam Et-Tabarâni from Ibnu Omar] Prophet Muhammad (PBUH) also says: «Shall I inform you about a deed which is higher in degree than prayer fasting and charity? It is to end a dissension between people (i.e. to conciliate between them)». [Reported by Ahmed Abu Dawûd]
«When a son of Adam dies his deeds cease except three things: Sadaqa (charity) whose benefit is continuous; or knowledge from which people benefit after him; or a pious child who invokes Allah for him».[reported by Imams: El-Bukhâri Muslim Abu Dawûd Et-Termithi and En- Nassâ'i] VIII. Fiqh of Priorities and Reform Reform is required if there is deviation and disorder in society but it must be based on altering the individual first being the basic unit of society thus Reform has two main things to be considered: 1. Raising an individual is given priority over making up a society. The individual must be given righteous belief and worship sane thoughts and good behaviors. 2. Altering what is in the selves has precedence over changing the actualities of people. Allah the Almighty says: «Surely Allah does not change the condition of a people unless they change what is in themselves». [Ar-R'ad/ Thunder 11] Prophet Muhammad (PBUH) adopted this method in educating and teaching his companions -may Allah be pleased with them. VIIII. Conclusions 1- The Ulemas are interested in writing in the domain of Fiqh of priorities. Among those writings we can mention: - "El-Wassâ'il ila Maârifat El-Awâ'il" (The Means to Know the Pioneers): it is written by El- Hâfid Djallal Eddin Es-Suyuti. - "Awlawiyat El-Fârûq Omar Es-Siyassiya" (The Political Priorities of Omar El-Fâruq): it is written by Dr. Ghâlib Abdul Kâfi. 'El-Fâruq' is the name given to the second Orthodox Caliph Omar bnu El-Khatab because of his ability to distinguish between truth and falsehood. - "Fiqh El-Awlawiyat" (Fiqh of Priorities): it is written by Youcuf El-Qaradawi. - "Awlawiyât El-Haraka El-Islamia fi El-Marhala El-Qâdima" (The Priorities of the Islamic Movement in the Coming Phase): it is written by Youcuf El-Qaradawi. - "Fiqh El-Awlawiyât: Dirrasa fi Eth-Thawabit" (Fiqh of Priorities: a study about the Restrictions): it is written by Dr. Muhammad El-Wakîli. 2- The disorder of the scale of priorities is one of the reasons that cause many deviations in all domains. 3- Respecting and considering the priorities lead to the achievement of the desired objectives. The first to use it as a date for the Muslims was Omar Ibnu El-Khatab -may Allah be pleased with him- (during his caliphate) after he consulted the Sahaba. The prophet's migration was due to the oppression and the harm he and the Muslims suffered in Mecca. Therefore they immigrated and fled to Medina leaving behind them their country their families and belongings for nothing but to save their religion which was the most precious thing they possessed.