Actual Opinion

Monday, 21 January 2019

Circumspection Principle

In this era there are a lot of cases which were never exist and they have unclear legal status according to Islamic rule, because those cases were never found before. Those are implication of the technology development so it shifted the social condition and culture.

Such as for example on the commerce case. As we know that the Islamic rule in a commerce are there must exist the seller, buyer, and items that are traded, and also there must be exist a deal statement in the transaction.

Then, in this modern era like today people are used to buy from a vending machine. You insert some money into it, then you will get the good that you want out from the vending machine. You insert some money, then you will get a ticket of the train automatically. In case of online shopping, you transfer some money, then you will receive the good you want being delivered to your address. There is no such kind of deal statement in the transaction between the seller and buyer. The seller does not know who is the buyer and neither the other way around.

Besides those examples above, there are a lot more cases which do not have clear legal status in Islamic rule, such as distant marriage contract through video conference, does it justified or not is still unclear. Doing transaction without the items to be traded, schedule of prayer and fasting in an area around the polar or at the space shuttle, etc.

All those cases above are never being examined and decided by the ulema nowadays, so then they were unclear what are the legal status according to the Islamic rule. Because they are unclear, then those things are included in the cases of Syubhah.

Our guru suggested us to avoid any kind of cases which are included in the syubhah cases. This is the principle of circumspection in maintaining the good deeds. Akhlaqul Karimah.

عَنْ أَبِي عَبْدِ اللهِ النُّعْمَان بْنِ بَشِيْرٍ رَضِيَ اللهُ عَنْهُمَا قَالَ : سَمِعْتُ رَسُوْلَ اللهِ
صَلَّى اللهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ يَقُوْلُ : إِنَّ الحَلاَلَ بَيِّنٌ وَإِنَّ الَحرَامَ بَيِّنٌ و
َبَيْنَهُمَا أُمُوْرٌ مُشْتَبِهَاتٌ لاَ يَعْلَمُهُنَّ كَثِيْرٌ مِنَ النَّاسِ فَمَنِ اتَّقَى ا
لشُّبُهَاتِ فَقَدِ اسْتَبْرَأَ لِدِيْنِهِ وَعِرْضِهِ وَمَنْ وَقَعَ فِي الشُّبُهَاتِ
وَقَعَ فِي الحَرَامِ كَالرَّاعِي يَرْعَى حَوْلَ الحِمَى يُوْشِكُ أَنْ يَرْتَعَ فِيْهِ
أَلاَّ وِإِنَّ لِكُلِّ مَلِكٍ حِمًى أَلاَ وَإِنَّ حِمَى اللهِ مَحَارِمُهُ أَلَا وَإِنَّ فِي الجَسَدِ
مُضْغَةً إِذَا صَلُحَتْ صَلُحَ الجَسَدُ كُلُّهُ وَإِذَا فَسَدَتْ فَسَدَ الجَسَدُ
كُلُّهُ أَلَا وَهِيَ القَلْبُ – رَوَاهُ البُخَارِي وَمُسْلِمٌ

From Abu ‘Abdillah An-Nu’man bin Basyir radhiyallahu ‘anhuma, he said that he heard from Rasulullah saw said: “Really what are halal have already clear, as what are haram have already clear too. Between them there are cases of Syubhah – unclear cases – which most of the people do not know the rule of them. Whoever avoid such syubhah cases, then he has maintain his religion and dignitiy. Whoever fall in syubhah cases, then he may fall in haram cases. As a shepherd who herd his cattle near the forbiden land that nearly plunged into it. Please be known, that every king has forbiden land, and the forbiden land of Allah in this earth are the haram cases. Please be reminded that inside of our body there is a lump of meat. If it good, then the whole body will be good as well. If it bad, then the whole body will be bad as well. That lump of meat is heart.” (HR. Bukhari and Muslim) [HR. Bukhari no. 2051 and Muslim no. 1599]

Today, we as moslem people are waiting for the result of the decision from all ulema upon those new cases as described above. This is really the responsitbility and obligation of the ulema nowadays which must be done. If this will not be accomplished, then it would be those ulema who will be judged first time in the afterlife.

As for us the moslem people, then it would be better to be careful and avoid doing such cases of syubhah. (AK/ST)