Antara kaedah-kaedah fiqh yang penting dalam membuat keputusan siyasi adalah yang berkaitan Fiqh Tawazun atau Fiqh Perimbangan. Asasnya ialah al-Quran dan Sunnah, lalu digarap cantik oleh ulama silam. Zaman ini Dr. Al-Qaradhawi membuat beberapa perbahasan berkenaan perkara ini.
Di bawah ini saya petik beberapa isu ini yang dirasakan berguna dalam mengariskan tahaluf siyasi semasa serta prinsip kerajaan campuran di Malaysia.
The Fiqh of Balances
By the fiqh of balances we mean several matters, as follows:
1. Balancing interests against each other, in terms of size and capacity; value and effect; as well as, endurance, so as to determine which should be given precedence and which should be discarded.
2. Balancing evils against each other in the same way of balancing interests, so as to determine which could be accepted and which has to be avoided.
3. Balancing interests against evils if they contradict, so as to determine when to give the avoidance of evil a precedence over the gaining of interests, and when to forgive evil for the sake of interests.
The Need for Two Levels of fiqh
In this respect, we need two levels of Fiqh as follows:
The Need for the fiqh of Shari'ah: The first of these levels is a Shari'ah Fiqh based on a profound understanding of the letter and spirit of Shari'ah, so as to establish the soundness of the said "principle of balances" and determine its evidence, which should be clear to those who endeavor to understand the judgments and texts of Shari'ah and delve deep in its secrets. Shari'ah was sent down only for achieving benefits for humans in earthly life and in the Hereafter, in the known ranks of these interests: Al-Daruriyyah (the indispensable) Al-Hajiyyah (the needful) and Al-Tahsiniyyah (the dignifying).
The Need for the fiqh of Factual Experience: The second level is a rather positivistic fiqh based on the study of contemporary reality - a study that is careful comprehensive and dependent on the most accurate information and statistics. However, we have to warn here against misleading and unrealistic figures based on propaganda leaflets, inadequate information and questionnaires aimed at serving a specific objective, not at serving Truth as a whole.
Integration of the Two Types of Fiqh in Examining Interests and Evils
Both the Fiqh of Shari'ah and Fiqh of factual experience should be integrated so that we may reach the proper academic balancing process that is free from both extremism and neglect.
The Shari'ah aspect here is clear in principle It was discussed in the books of Usul Al-Fiqh (principles of Jurisprudence), starting with "Al-Mustasfa" and up to "Al Muwafaqat"", as well as the books on rules, similarities and differences. When interests conflict, lower interest is sacrificed for the sake of higher interest, and private interest is sacrificed for the sake of common interest, and the owner of private interest is to be compensated for his loss. Also in cases of conflicting interests, temporary interest is forsaken in favor of long-term or permanent interest; superficial interest is neglected for the sake of real interest, and sure interest is given precedence over uncertain interest.
In the Treaty of Hudaibia, we saw the Prophet (peace be upon him) give prominence to real, basic and future interests over some considerations that others would never have relinquished.
He agreed to such conditions that at first glance seemed unfair or humiliating to Muslims; he agreed to the removal of the phrase, "In the name of Allah, Most Merciful, Most Compassionate", in whose place was written "In They name O God": He also agreed not to be mentioned as the Messenger of Allah in the pact, and to write his name only as Mohammad Ibn Abdullah.
The examples are many. If evils conflict, and some of them are indispensable, then one should chouse the lesser of two evils and the lower of two degrees of harm prescribed.
Muslim Scholars have prescribed that harm should be eliminated as much as possible and that a lesser harm should not be eliminated with a greater harm. A minor harm should be tolerated if such tolerance would make it possible to avoid a major harm, and private harm should be accepted for the sake of avoiding common harm.
Many examples of this are mentioned in books on the "rules of Fiqh" or "similarities and analogies".
If interests and evils conflict, they should be examined carefully in terms of their size, effect and duration.
A slight evil should be forgiven for the sake of realizing a major interest.
A temporary evil should be forgiven for the sake of realizing a long - term or permanent interest.
Even a great evil should be accepted if its elimination would lead to a greater evil.
In normal conditions, the avoidance of evil should come before the realization of interest.
It is not enough that we should accept this concept in theory, but rather we have to apply it in practice, for many of the differences among the active Islamist groups are related to these balances.
Is alliance with non-Muslim forces acceptable?
Is reconciliation or pacification with governments that do not adhere to Islam acceptable?
Is it allowed to participate in a ruling regime that is not purely Islamic and operates under a constitution that has loopholes or does not have our full approval?
Should we join an opposition front that comprises political parties for toppling an infidel backshading regime?
Should we establish Islamic economic institutions in an environment dominated by a usury-based, man-made economic system?
Should we allow Muslim elements to work for usury based banks and establishments, or should we keep all the religious elements that adhere to the teachings of Islam away from such establishments?
The Difficulty of Practice in Real Life
It is easy to lay down a principle, but difficult to put it to practice. The Fiqh of balances is not easy to grasp by the layman and by others who can raise a hue and cry for the slightest cause.
The erudite scholar, Mawdudi, and his followers met much resistance and embarrassment when he, in the light of the fiqh of balances, was of the opinion that electing "Fatima Jinnoh" was less harmful than electing "Ayyub Khan". They became a target of a ferocious campaign invoking the hadith (A people who appoint a woman to lead them will never thrive). So how about a people who appoint as their leader a tyrant, would they do any better? Never!
The fiqh (of balance) here examines the two evils to choose the lesser one and avoid the greater of them.
Dr. Hassan Al-Turabi and his brothers in Sudan were attacked by some Islamists because they had decided to join the Socialist Union and had accepted some government appointments under Ja'far Nimeiri s regime, even before he announced the application of Islamic Shari'ah in Sudan.
Our brothers in Syria fared the same (opposition) when they decided to ally themselves with some non-Islamic forces to resist the regime that was seeking to annihilate them, although Prophet Mohammad allied himself with the tribe of Khuza'a who were polytheists, and he sought the support of one polytheist group against the other at times, too.
However, I am not taking sides here. I am only advocating a principle: the fiqh of balances, on which the structure of Shari'ah politics" should be built.
In positions taken by the Prophet and his Companions, and in the provisions of our comprehensive Shari'ah is much evidence supporting this argument: that it is permissible to participate in a non-Islamic rule or ally with non-Muslim forces.
Proof of the Fiqh of glances from the Holy Quran
If we carefully examine the Holy Quran, with its Meccan and Medinan revelations we will find much proof of the fiqh of balances and how to weigh things against one another.
A balancing of interests is present in Aaron's reply to Moses (may Allah have peace on both of them) "O son of my mother, do not seize me by my beard nor by (the hair of) m! head. Truly I feared that you should say, (You have caused a division among the Children of Israel and did not respect my word) (Surat Taha: 94).
A balancing of evils is found in the explanation given b) Al-Khidr when he scuttled the boat, (As for the boat, it belonged to poor people who plied on the water, and I wanted to render it unserviceable, for there was after them a king who took every boat by force) [Surat Al-Kahf: 79].
If the boat would be kept by its owners because it was scuttled, then the situation would be less damaging than it would be when the boat was to be lost completely. Saving some is certainly better than losing all.
Quite in point on the fiqh of balances is Allah's saying ("They ask you about fighting in the Prohibited Month Say", "Fighting therein is a grave. [offence], but graver it is, in the sight of Allah, to deny Him, to prevent access to the Sacred Mosque, and drive out its members". Tumult and oppression are worse than slaughter) [Surat Al-Baqara: 217].
Allah the Almighty is telling us that fighting in the Prohibited Month does constitute a grave offence, but may be undertaken for resisting something graver.
For a comparison between abstract and concrete interests, let us read the Almighty's admonishment of Muslims after the Ghazwah of Badr. (It is not fitting for an apostle to have prisoners of war until he has thoroughly conquered the land. You look for the temporal goods of this world, but Allah looks to the Hereafter, and Allah is Exalted in might, Wise) [Surat Al-Anfal: 67].
For a balancing of interest and evil, let us read the Almighty's saying, (They ask you about wine and gambling. Say, "In them, there is great sin, and some profit, for men, but the sin is greater than the profit) [Surat Al-Bakara: 219].
In comparing non-Muslim groups and forces one to another, let us read the opening verses of Surat Al-Rum (the Romans) which predict the Romans' victory over the Persians. On that (though both parties are non-Muslims [the surat says,day the believers shall rejoice) though both parties are non-Muslims [the surat says,day the believers shall rejoice) though both parties are non-Muslims [the surat says, day the believers shall rejoice) (4) because the Romans were people of the Book, which made them closer to Muslims than the Persians who worshipped fire.
The Opinion of Sheikh Al-Islam Ibn Taymia
Sheikh Al-lslam Ibn Taymia gave a very strong opinion on the permissibility of assuming some public offices in an unjust state, if the occupant of such office would seek to alleviate some of the injustice or curb evil and corruption (see Annex. 1).
He also wrote a comprehensive chapter on the conflict of good things or bad things, or their combination if they came together and could not be separated but were to be taken as a whole or left as a whole (see Annex. 2).
A Muslim symposium devoted to Islamic economics and comprising some jurisprudents and some economists opined that it was legal [from the Shari'ah point of view] to subscribe to the shares put up for public sale by companies and enterprises which are established in Muslim countries to operate in authorized fields but could have a tinge of suspicion of riba [usury] in their transactions.
The symposium, examining that issue in the light of the fiqh of balances, saw that such vital and effective concerns should not be left to non-Muslims or unreligious Muslims, as such action would entail a grave danger, particularly in certain countries. Shareholders can donate a proportionate part of their profits as a sadaqat [charity] for that part of the profit he may deem as resultant from riba - related transactions.
According to this fiqh, conscientious Muslim youth were given the religious opinion that they should not leave their jobs in banks and insurance companies and their likes, albeit their stay would entail some sin, because their stay would make them gain experience that they might use to serve Islamic economy. They would be rejecting the evil, even if only in their hearts, while they joined efforts with those who seek to change the whole order into an Islamic one.
When the Fiqh of Balances is Absent
If we do not apply the fiqh of balances, we will be closing many doors of good and blessing in our own faces, making the philosophy of rejection a way of dealing with everything, and taking self - isolation as a pretext for avoiding problems and shirking a confrontation with the adversary on his home ground.
It would be so easy for us then to say "No"! or "This is haram [prohibited by Shari'ah]!" to every proposal that requires thought or ijtihad [passing a legal opinion on some issue that is not specifically dealt with by Shari'ah].
But if we apply the fiqh of balances, we will find a way to compare one situation to another and weigh profits against losses in the short and long runs and at individual and collective levels, and then choose what we judge as leading to the realization of interest and the avoidance of evil in the best way possible.
Over ten years ago, I was invited to write for the "Doha" magazine that was published in Qatar. It was a general publication of literary and cultural pursuits, and most of its editorial staff were secularists, while its predominant line, though not against Islam, was not pro-Islamic or defending Islam either.
I hesitated for a long time, but, thinking of the proposal in a balancing manner, I judged that to write for the magazine would be better and more useful than boycotting it, because its readers represented a broad base of the cultured masses, most of whom do not usually read Islamic magazines. The readers of that magazine are unlike those who read the "Al-Umma" magazine and the like, so we have to make our word reach them whenever we have a chance. It is our divine duty to the Call to do so.
This is what makes us agree to be interviewed by reporters of newspapers and magazines whose line may not gain our approval. Some of our brothers still blame those who write in the daily newspapers which do not follow an explicit Islamic line. Some even blamed me for serializing my book, "The Islamic Awakening Between Allowed Difference And Rejected Dispersal" in the Saudi Asharq Al Awsat newspaper because that newspaper had adopted certain attitudes they did not approve of, but I had realized the benefit of publishing the book in such a widely-read newspaper.
There are even those who believe in boycotting mass media in all their forms - the printed, the audio and the visual, c account of their deviated thoughts and practices. They forget that; leaving the mass media will only make them worse and will give a chance to the secularists and dirty - minded to infiltrate deeper into them and sabotage them, while it will deny us chances c which we do not find equivalents.
If we examine this issue in the light of the fiqh of balances, we will find that entering these important and vita fields is not only legal but desirable, even imperative, as well because it represents a means for discharging the duty of the Call and fighting evil as best we can. If something is required b' duty, then it is a duty in itself, as it is already known and established.
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