The study of fiqh should not merely be confined to the classification of actions and rituals into the five main categories – compulsory (wajib), permissible (mubah), prohibited (haram), encouraged (Sunnah) and discouraged (makruh) – as had often been done traditionally. Rather, it should also give due emphasis to the role of fiqh in developing the intellect of the community, and thus play a part in helping individuals make decisions for themselves. Such is the essence of fiqh. The purpose of the study of fiqh should be:

1. To help each Muslim individual become closer to Allah

2. To allow each Muslim to make choices in daily life

3. To help each Muslim build closer ties with his family

4. To help each Muslim build closer ties with the community

5. To strengthen ties between different communities

6. To provide guidelines for the conduct of relationships between the individual/community and the country

7. To cultivate understanding among nations

Fiqh is not an abstract field studied in a vacuum. The process of deriving rules should be given equal consideration as the conclusions, because it is an understanding of the process which led to the current classification system that will allow each individual to apply similar analysis in making decisions. A grasp of the process of analysis and evaluation will have far-reaching impact on the community and the individual, as they will possess the skill to make judgements that consider both the pros and cons of an issue, and whether a decision may lead to public welfare (maslahah) or harm (mafsadah).

Example of an often misunderstood issue in fiqh

Without understanding the principles of fiqh, it is likely that the Muslim community will not succeed in grappling with the dynamics of current problems, especially when sentiment and emotions overwhelm, and Islamic principles are not relied upon. For instance, some Muslims may not offer greetings to people of other cultures during the latter’s festive occasion, with the argument that such an act is not permissible in Islam.

Contemporary Muslim scholars believe that well-wishing to non-Muslims during their celebrations is not only allowed, but encouraged in the context of a multi-ethnic society. Such good wishes are only a cultural act that does not give credence to non-Islamic beliefs, or indicate a lack of faith on the part of the Muslims. Moreover, such openness will project the true nature of Islam as a tolerant faith that brings blessing to all.

Among the scholars who hold such a view are Shaikh Faisal Al-Mawlawi and Shaikh Mustafa Al-Zarqa. According to them, wishing non-Muslims well during their festivals does not imply that Muslims are accepting the latter’s beliefs, and is permissible because:

1. Such an act surfaces the beauty, compassion and tolerance of Islam.

2. It allows Muslims to reciprocate the good wishes offered to them by other communities on Islamic festivals.

This is supported by a Qur’anic verse that enjoins Muslims to treat non-Muslims well: “ And Allah does not forbid you to deal kindly and justly with anyone who has not fought you for your faith or driven you out of your homes. God loves the just.” (Al-Mumtahanah: 8).

It is also supported by another verse that enjoins Muslims to reciprocate good wishes with even warmer ones:” When a (courteous) greeting is offered you, meet it with a greeting still more courteous, or (at least) of equal courtesy. Allah takes careful account of all things.” (An-Nisa’: 86).

The general import of both verses encompasses various facets of Muslim/non-Muslim interaction. Qur’anic exegetes such as Imam ibn Kathir, Imam At-Tabari, Imam Ibn Al-Arabi, Imam Nasafi, and Imam Al-Qurtubi support this view, citing the following reasons:

1. Verse 8 in the Chapter Al-Mumtahanah (quoted above) is still relevant and was not abrogated by verses relating to war (qital)

2. Allah (SWT) does not forbid compassionate acts towards non-Muslims, especially the weak and the downtrodden, and those who did not actively fight against the presence of Muslims in their midst.

3. Answering a good wish or greeting in the best way possible is permissible in Islam. Imam Ibn Kathir once quoted an incident between a non-Muslim Persian and the companion Ibn Abbas. The Persian gave a greeting of peace, “Assalamu ‘alaikum” to which Ibn Abbas replied:” Wa ‘alaikumussalam warahmatullah,” meaning may the peace and grace of Allah be upon you. His response to those who protested his reply to the Persian man’s greeting was simple – that every individual continues to live by the grace of Allah. (Imam Ibn Kathir)

For the Muslim community in Singapore, this more flexible opinion should be adopted, since we are living in a plural society. In fact, this opinion is well-grounded in the Islamic principles derived from the Holy Qur’an, as explained earlier. It also enables Muslims to interact well with non-Muslims, and to live in harmony, while upholding universal values shared among them. As we wish each other joy on cultural and religious festivals, we portray a good image of Islam and forge cordial relations between different religious and racial groups, whether as families, friends, colleagues, neighbors, or fellow citizens.

MUIS