Question Summary:
Ulama – Backwards?

Question Detail:

Do you know that some of our Ulamaa' (Scholars) issued Fatwas, like below:
(1) Translation of Quran in any other language was prohibited by Fatwas till about 1000 AD. Now Ulamaa’ allow it.
(2) 300 years ago, when clocks and watches were invented; use of those devices for prayer times was not allowed by Ulamaa'. Now they allow it.
(3) 120 years ago, in India, calculated Prayer Times were not acceptable per Fatwas by Ulamaa'. Now they allow it.
(4) 60 years ago, loud speakers use for Prayers was considered Haraam, per Fatwas by Ulamma' in Indo-Pak. Now they allow it.
(5) 50 years ago, taking picture for ID or passports was considered Haraam, per Fatwas by Ulamma' Now they allow it.
Now, all of the above is considered, not only allowed, but people don't even know that these were not allowed before. Why, it takes decades for Ulamaa' to accept such things?
Some of Our Ulamaa were reluctant to do Ijtihaad for new things; Are the doors of Ijtihaad closed forever?? 
 

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
In your introduction of the conduct and attitude of ‘Ulamā, you present five examples with the heading: ‘Do you know….?’
Do you know? While you ride the saddle of criticism, you are actually alleging, and the burden of substantiating your claims lies on you. Whilst you seem to have sourced the information in the question from the aforementioned website, due to your manipulation of certain facts and restructuring of some statements, we shall treat all such information which has been transformed as your personal opinion as it cannot be attributed to the website. You state:

Firstly, you have displayed lack of academic honesty by misrepresenting the facts stated in the actual source. The website, www.moonsighting.com, states, ‘150 years ago, translating Qur'an in any other language was considered a tabu, and was not allowed per Fatwas by Ulamaa of that time’.[1] You have inflated 150 years by 850 years more. The reason is obviously to sensationalise your facts.
Secondly, the author of such a statement has misunderstood the prohibition. Our ‘Ulamā had prohibited the publication of such translations which were not accompanied by the Arabic text of the Qur’ān. To state that translation of the Qur’ān was prohibited is false. It was always permissible to translate the Qur’ān with the Arabic text.

To set the record right, clocks and watches were invented over 500 years ago.[2] Nonetheless, we are unaware of such a prohibition. What is the academic reference for such a claim?

Yet again, you have displayed your academic dishonesty through manipulation of facts. The actual source says: ‘100 years ago, in India….’[3] In addition, what is the reference for this and what is the context of such a fatwa?

We acknowledge that such fatāwā were issued by the ‘Ulamā. However, this was due to the great caution our ‘Ulamā exercised in matters of ‘Ibādah.

You refer to fatāwā, present them!
Further, the author seems to suggest that such matters are only being considered now. This is totally incorrect. It is sad that you try to create an impression of being a genius but your attitude lacks basic academic requirements.
Your question alludes to our ‘Ulamā being backward. You have tried to present five examples to justify this. Whilst one can argue and discuss the reason why ‘Ulamā take so long to issue rulings or to change their opinions on certain matters, let us not be heedless of the enormous service they render to the ummah.
‘Ulamā have dedicated their lives for the sake of preserving the Deen of Allāh. Whilst the rest of the ummah remains engrossed in the acquisition of material values, our ‘Ulamā have sacrificed tooth and nail in order to learn, understand and expound the teachings of Rasulullāh Sallallāhu ‘Alayhi Wa Sallam without any financial gain. Their sterling work in such arduous conditions and with no monetary backing is a demonstration of their loyalty to Deen and their selflessness. Their books exhibit the highest level of academic achievements.
Therefore, we advise that you adopt respect and honour for the ‘Ulamā. Their position and status in the ummah is a very elevated one. Rasulullāh Sallallāhu ‘Alayhi Wa Sallam said,
إِنَّ العُلَمَاءَ وَرَثَةُ الأَنْبِيَاءِ
“‘Certainly Ulamā are the heirs (of the legacy) of the Prophets.”
Hence, they are vicegerents of the Ambiyā’ and deserve complete of respect and reverence. Many virtues have been mentioned in the Ahādīth regarding ‘Ulamā. Consider the following narrations:
وَفَضْلُ العَالِمِ عَلَى العَابِدِ، كَفَضْلِ القَمَرِ عَلَى سَائِرِ الكَوَاكِبِ
Rasulullāh Sallallāhu ‘Alayhi Wa Sallam said: “The virtue of an ‘Ālim (scholar) over an ‘Ābid (worshipper) is like that of the full moon over the rest of the stars.” [4]  
من يرد الله به خيرا يفقهه في الدين
“Allāh gives the understanding of Deen to whomsoever He loves.” [5]
فَضْلُ العَالِمِ عَلَى العَابِدِ كَفَضْلِي عَلَى أَدْنَاكُمْ ثُمَّ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: «إِنَّ اللَّهَ وَمَلَائِكَتَهُ وَأَهْلَ السَّمَوَاتِ وَالأَرَضِينَ حَتَّى النَّمْلَةَ فِي جُحْرِهَا وَحَتَّى الحُوتَ لَيُصَلُّونَ عَلَى مُعَلِّمِ النَّاسِ الخَيْرَ» سَمِعْتُ أَبَا عَمَّارٍ الحُسَيْنَ بْنَ حُرَيْثٍ الخُزَاعِيَّ، يَقُولُ: سَمِعْتُ الفُضَيْلَ بْنَ عِيَاضٍ، يَقُولُ: «عَالِمٌ عَامِلٌ مُعَلِّمٌ يُدْعَى كَبِيرًا فِي مَلَكُوتِ السَّمَوَاتِ»
 “Rasulullāh Sallallāhu ‘Alayhi Wa Sallam said: “The superiority of the scholar over the worshiper is like my superiority over the least of you.”
Then the Messenger of Allah Sallallāhu ‘Alayhi Wa Sallam said: 'Indeed Allah, His Angels, the inhabitants of the heavens and the earths and even the ant in its hole and the fish supplicate for the forgiveness of the one who teaches the people good.'”[6]
أَلَا إِنَّ الدُّنْيَا مَلْعُونَةٌ مَلْعُونٌ مَا فِيهَا إِلَّا ذِكْرُ اللَّهِ وَمَا وَالَاهُ وَعَالِمٌ أَوْ مُتَعَلِّمٌ
“Lo! Indeed the world is cursed. What is in it is cursed, except for the remembrance of Allah, what is linked to that, the scholar and the student.”[7] 
Differences amongst academics and the changing of facts, research and rulings with the passage of time is no new issue. This is common in all academic fields. For example, for decades research suggested that there are nine planets in our galaxy. In the early nineties, there was a debate on whether Pluto was a planet or not. It was finally concluded that Pluto is not a planet. [8] A change in research. Are scientists condemned for changing their view? Why single out the academic differences among ‘Ulamā?
Similarly, astronomers hold as many as four different views regarding the origin and formation of the moon. Will it be fair to condemn them for their differences, or will we term the differences as academic honesty? Why can the differences among ‘Ulamā not be termed as academic honesty? 
Widely conflicting research can be found concerning the harms and benefits of particular food substances and consumables,[9] to such an extent that, scientists have greatly differed on whether meat and vegetables are beneficial or harmful to the body.[10] With skyrocketing medical advancements, state-of-the-art equipment and technology, scientists have yet to find cures to a number of diseases despite the fact supported by Shari’ah that ‘for every disease there is a cure’. The list is endless.
Who is responsible for providing answers to such conflicting and inaccurate facts? How can such differences be reconciled and why have scientists taken so long to reach decisions in matters which till now too cannot be relied upon? Why is such criticism directed only to ‘Ulamā?
Our ‘Ulamā have worked with the greatest sincerity throughout the ages and have had no ulterior motives in issuing rulings. Their work has been purely for the sake of Allāh with no monetary recompense for their research. Yet they have been exceptional in their research.
The aspect of why, how and when Fatāwā (decrees/rulings) change is an academic issue that cannot be comprehended by general people. It is not a simple matter of accepting or rejecting new practices and inventions. ‘Ulamā need to consider a number of factors and need deep research in order to issue rulings. Furthermore, rulings are issued according to need and necessity and not simply to keep up with the times.
The earlier ‘Ulamā had laid down principles of jurisprudence in their eras. Till today, these principles are as practical as they were in those days. Every new issue that is to surface in the future can be deduced by our ‘Ulamā.
As far as the issue of Ijtihād is concerned, Ulamā have laid down very strict criteria for Ijtihād. If anybody can meet these criteria, then he may carry out Ijtihād. Ijtihād consists of two basic categories:
1)     The composition and compilation of juridical principles that will govern the extraction of rulings from the Qur’ān, Hadīth, Qiyās (logical deduction) and Ijmā’ (consensus) and the practical application of such principles. Such principles are comprehensive and are never broken. For this, one requires a very high level of juridical skills and expertise.
2)     The extraction of rulings on new issues based on the comprehensive principles deduced by the Mujtahideen in the past. This form of Ijtihād is still carried out by ‘Ulamā who specialize in Fiqh.
 
And Allah Ta’āla Knows Best
Nabeel Valli
Student Darul Iftaa
Lusaka, Zambia
Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net