The Question: We know that gradual progression (Tadaruj) of implementing the Ahkam is forbidden, it is not allowed to implement part of the Hukm and leave the other part, all of the Islamic Ahkam must be implemented together, so how should we understand the two following Hadith which are mentioned by those who call for gradual progression, and who say that part of the Hukm could be implemented and the possibility of leaving the other part without implementation? In other words, should both Hadith be refused or is it possible to gather them with the proofs of not allowing gradual progression and the necessity of implementing all of the Islamic Ahkam? The two Hadith are:

 

1.حديث معاذ بن جبل رضي الله عنه: عَنْ ابْنِ عَبَّاسٍ رَضِيَ اللَّهُ عَنْهُمَا قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لِمُعَاذِ بْنِ جَبَلٍ حِينَ بَعَثَهُ إِلَى الْيَمَنِ إِنَّكَ سَتَأْتِي قَوْمًا أَهْلَ كِتَابٍ فَإِذَا جِئْتَهُمْ فَادْعُهُمْ إِلَى أَنْ يَشْهَدُوا أَنْ لَا إِلَهَ إِلَّا اللَّهُ وَأَنَّ مُحَمَّدًا رَسُولُ اللَّهِ فَإِنْ هُمْ أَطَاعُوا لَكَ بِذَلِكَ فَأَخْبِرْهُمْ أَنَّ اللَّهَ قَدْ فَرَضَ عَلَيْهِمْ خَمْسَ صَلَوَاتٍ فِي كُلِّ يَوْمٍ وَلَيْلَةٍ فَإِنْ هُمْ أَطَاعُوا لَكَ بِذَلِكَ فَأَخْبِرْهُمْ أَنَّ اللَّهَ قَدْ فَرَضَ عَلَيْهِمْ صَدَقَةً تُؤْخَذُ مِنْ أَغْنِيَائِهِمْ فَتُرَدُّ عَلَى فُقَرَائِهِمْ فَإِنْ هُمْ أَطَاعُوا لَكَ بِذَلِكَ فَإِيَّاكَ وَكَرَائِمَ أَمْوَالِهِمْ وَاتَّقِ دَعْوَةَ الْمَظْلُومِ فَإِنَّهُ لَيْسَ بَيْنَهُ وَبَيْنَ اللَّهِ حِجَابٌ.

 

The Hadith of Mu’adh Ibn Jabal, may Allah have content on him: after Ibn Abbas he said that Rasulullah (saw) said to Mu’adh Ibn Jabal, when he sent him to Yemen, you will go to people who believe in the Book so when you reach them ask them to say, that there is no god except Allah and that Muhammad is His Rasul, if they obey, tell them that Allah imposed on them five prayers each day and night, if they obey tell them that Allah imposed charity to be taken from the rich and given to the poor, if they obey you, then be just with their money and be ware of the appeal of the oppressed, because there is no screen between him and Allah.

 

2.حديث عثمان بن أبي العاص: عَنِ الْحَسَنِ عَنْ عُثْمَانَ بْنِ أَبِي الْعَاصِ أَنَّ وَفْدَ ثَقِيفٍ قَدِمُوا عَلَى رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَأَنْزَلَهُمْ الْمَسْجِدَ لِيَكُونَ أَرَقَّ لِقُلُوبِهِمْ فَاشْتَرَطُوا عَلَى النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَنْ لَا يُحْشَرُوا وَلَا يُعْشَرُوا وَلَا يُجَبُّوا وَلَا يُسْتَعْمَلَ عَلَيْهِمْ غَيْرُهُمْ قَالَ فَقَالَ إِنَّ لَكُمْ أَنْ لَا تُحْشَرُوا وَلَا تُعْشَرُوا وَلَا يُسْتَعْمَلَ عَلَيْكُمْ غَيْرُكُمْ وَقَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَا خَيْرَ فِي دِينٍ لَا رُكُوعَ فِيهِ قَالَ وَقَالَ عُثْمَانُ بْنُ أَبِي الْعَاصِ يَا رَسُولَ اللَّهِ عَلِّمْنِي الْقُرْآنَ وَاجْعَلْنِي إِمَامَ قَوْمِي.

 

The Hadith of Othman Ibn Al-A’ss: after Al-Hasan after Othman Ibn Abi Al-Asi, that a group from Thakeef came to Rasulullah (saw), so he accommodated them in the Masjid, to be more compassionate to their hearts, so they made a condition on Rasulullah not to be congregated (yuhsharu) or to collect the tithe or take the tribute from them (yu’sharu) and no other than one of them will be used on them, Rasulullah said you will not be congregated or tributated and no other than one of you will be used on you, and said there is no goodness in a religion with no kneeling (prayer) in it, Othman Ibn Abi Al-Ass said Oh Rasulullah teach me the Qur’an and make me Imam of by people.

 

 

The Answer: Before answering the above two mentioned Hadith concerning the subject of gradual progression of implementing part of the Ahkam and leaving the other part, we would like to explain the following:

 

1- When the Shar’i Hukm of a subject is derived, its reality is well studied then the proofs on this reality are gathered, these proofs are examined fundamentally so as to derive the Shar’i Hukm.

 

2- Every effort is made first to connect the proofs, because using both proofs is better than neglecting one of them.

 

3- If connecting was difficult, then we resort to preference according to its followed principles:

 

the precise (Al-Muhkam) cancels the analogous (Al-Mutashabeh), the definitive (Qat’i) cancels the speculative (Thanni), if two speculative evidences met together, then the strength of the proof is examined concerning the record (Sanad) and publicity, the one with strong record is favored over the less powerful, and the specific (Khas) is favored than the general (‘Aam), and the restricted (Muqayad) over the absolute (Mutlaq), and the direct meaning (Mantuq) over the implied meaning (Mafhum) understood, etc.

 

Now lets discuss the subject of gradual progression (Tadaruj) and implementing part of the Ahkam and leaving another, and see how both Hadith will be understood:

 

1- Gradual progression and implementing part and leaving another is prohibited and its proofs are definitively proven, and decisively evident, we will mention some of them:

 

Allah (swt) said:

 

((وَأَنِ احْكُم بَيْنَهُم بِمَآ أَنزَلَ اللّهُ وَلاَ تَتَّبِعْ أَهْوَاءهُمْ وَاحْذَرْهُمْ أَن يَفْتِنُوكَ عَن بَعْضِ مَا أَنزَلَ اللّهُ إِلَيْكَ))

 

“So rule between them by that which Allah has revealed, and follow not their desires, but beware of them in case they seduce you from just some part of that which Allah has revealed to you.” – [Al-Maida: 49]

 

This is a decisive order from Allah to His Rasul and to the Muslim rulers after him, of the necessity of ruling with all the Ahkam which Allah had sent, whether an order or a prohibition, because the expression what (MA) which is mentioned in the verse of the Qur’an, means the general, so it includes all the delivered Ahkam.

 

Allah (swt) forbade His Rasul and the Muslim rulers after him from following the whims (desires) of people and not to obey their desires Allah said:

 

((وَلاَ تَتَّبِعْ أَهْوَاءهُمْ))

 

and follow not their desires.” – [Al-Maida: 49]

 

Also Allah warned His Rasul and the Muslim rulers after him to be seduced by people, and to divert him from implementing some of the Ahkam which Allah had sent for him, he should implement all the Ahkam which were sent to him by Allah, whether orders or prohibitions, not minding what people say. Allah (swt) said:

 

((وَاحْذَرْهُمْ أَن يَفْتِنُوكَ عَن بَعْضِ مَا أَنزَلَ اللّهُ إِلَيْكَ))

 

“But beware of them in case they seduce you from just some part of that which Allah has revealed to you.” – [Al-Maida: 49]

 

and He (swt) said:

 

((وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللّهُ فَأُوْلَـئِكَ هُمُ الْكَافِرُونَ))

 

“Whosoever does not rule by that which Allah has revealed, they are disbelievers (Kafiroon).” – [Al-Maida: 44]

 

and in second verse Allah (swt) said:

 

((وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللّهُ فَأُوْلَـئِكَ هُمُ الظَّالِمُونَ))

 

“Whosoever does not rule by that which Allah has revealed, they are Thalimoun (unjust).” – [Al-Maida: 45]

 

And in a third verse Allah (swt) said:

 

((وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللّهُ فَأُوْلَـئِكَ هُمُ الْفَاسِقُونَ))

 

“Whosoever does not rule by that which Allah has revealed, they are Fasiqoon (evil doers).” – [Al-Maida: 47]

 

In these three Ayat, Allah considered he who does not rule with all what Allah had sent down from Ahkam, whether orders or prohibitions, to be a Kafir, Unjust and evil doers. Because what (Ma) which is repeated in the three verses means the general, so it includes all the Shar’i Ahkam which Allah had sent, whether orders or prohibitions.This is how the Khulafah ar-Rashideen used to implement the Ahkam of Islam on the conquered countries, and they are well acknowledged of the Book of Allah and how the prophet used to implement these Ahkam, they implemented the Ahkam all together, without delay or putting off or gradual progression (Tadarruj). For example: they did not allow he who adopts Islam to drink alcohol or commit adultery for one year then to be forbidden after that… The Ahkam were implemented all together. Thus implementing the Ahkam on the conquered countries is undoubted and repeated thoroughly. Therefore anyspeculative proof has no effect on this Hukm, because forbidding gradual progression and the necessity of implementing all the Ahkam of Islam are established by definitive texts.

 

2- That is why any speculative proof which has any doubt to be contradicting to the definitive, will be cancelled by the definitive, this means that the speculative should be understood in a manner which does not contradict the definitive, in other words, both proofs should be used to understand the speculative in a manner which does not contradict the definitive if possible, otherwise we resort to preference, that is to take the definitive and reject the speculative.

 

3- Now, is it possible to use both proofs, can we understand the speculative in a manner which does not contradict the definitive for this issue?

 

Lets start with the first Hadith: the Hadith of Mu’adh Ibn Jabal:

 

“…call them to say that there is no god except Allah and that Muhammad is His Rasul, if they obey you tell them that Allah imposed five prayers on them… If they obey you tell them that Allah imposed charity on them… if they obey you, beware of taking their money unjustly, and beware the appeal of the oppressed…”

 

A. The Hadith is correct concerning the support and the text, there is no ambiguity in it, it has been reported by Al-Bukhari.

 

B. It is not correct to understand from it the possibility of gradual progression in the Ahkam, otherwise it will contradict the definitive, and this is not allowed because prohibition of gradual progression is fixed by the definitive, this is what the Sahabah (r.a) did when conquering, they implemented Islam as a whole on the conquered countries, and this is repeated thoroughly.

 

C. The Hadith is a text about prayer and Zakat, no one of the scholars said the possibility of ordering prayer without paying Zakat, that means those who call for gradual progression, do not ask to separate prayer from Zakat, they do not allow the Muslim to pray and not pay Zakat. They measure things on the Mafhum of the Hadith concerned with prayer and Zakat, they measure the gradual progression in implementing the other Ahkam, this is false, because the Hukm of the origin according to which they measured is not enacted by them, because they don’t say gradual progression in prayer and Zakat, but they speak of gradual progression in implementing the branches of the other Ahkam, taking into consideration that the Hadith is a text about prayer and Zakat.

 

D. That is why the Hadith is not correct to be taken as evidence on gradual progression, because the origin which is mentioned in it (gradual progression in prayer and Zakat) is not used by anyone, even by those who use the Hadith as an evidence on gradual progression.

 

E. That is why it is not correct in any way to understand from the Hadith that gradual progression -in implementing a part of the Hukm and leaving another- is permitted, because then it will contradict the definitive which prohibits gradual progression in the first place, and second the origin is not measured according to it because the origin (gradual progression in prayer and Zakat) is not in use.

 

F. Therefore should it be rejected or is it possible to use it with what does not contradict the definitive? The answer could be understood as follows:

 

The direct meaning (Mantuq) of the Hadith does not point to gradual progression in implementing part of the Ahkam and leaving the other part, the implied meaning (Mafhum) of it points to that. The text of the Hadith is:

 

“Call them to say… so if they obey you tell them that Allah imposed five prayers on them… so if they obey you tell them that Allah imposed charity on them…”

 

What is understood from the text (Mantuq) tells us to call them to believe, if they do, to call them to prayer if they do, to call them to give Zakat. It is not understood from the text (Mantuq) that if they do not believe not to call them to pray and if they did not pray not to tell them to give Zakat. This is understood from ‘the opposite understanding’ (mafhum al-Mukhalafah) of the condition, which means if they did not believe don’t call them to prayer and if they do not pray don’t call them to give Zakat.

 

Mafhum Al-Shart in any text is dispensed if it contradicts Mantuq in another text which is Maktu’ or Mathnoun because the Mantuq is given priority over Mafhum, not only if it opposes the Mantuq of the Qat’i but even if it contradicts MantuqThanni, then Mafhum is dispensed and will not be put to practice.That is why the Hadith is understood according to its Mantuq and stop there, Mafhum Al-Mukhalafah is not put to practice because it contradicts Mantuq the open proofs which necessitate taking the complete Ahkam of Islam.

 

To dispense with Mafhum Al-Mukhalafah with Al-Mantuq is an established issue in Al-Usul, and is agreed upon by those who act according to Mafhum and those who do not act according to it.

 

For example: Allah says:

 

((وَلاَ تُكْرِهُوا فَتَيَاتِكُمْ عَلَى الْبِغَاءِ إِنْ أَرَدْنَ تَحَصُّنًا))

 

“But force not your maids to prostitution when they desire chastity.” – [Al-Nur: 33]

 

the Mantuq from this text, is to prohibit forcing women to commit adultery, if they seek chastity. The opposite understanding Mafhum Al-Mukhalafah as a result of the condition is to force them, if they do not want chastity, but this is rejected with what is understood from the text Mantuq;

 

((وَلاَ تَقْرَبُوا الزِّنَا إِنَّهُ كَانَ فَاحِشَةً وَسَاءَ سَبِيلاً))

 

“Nor come nigh to adultery: for it is an indecent (deed) and an evil way.” – [Al-Isra’: 32],

 

That is why it is not acted according to (Mafhum Al-Muklhalafah) in the ayat;

 

((إِنْ أَرَدْنَ تَحَصُّنًا))

 

“When they desire chastity.” – [Al-Nur: 33],

 

We stop at the direct meaning Mantuq of the ayat, we act according to its Mantuq and so they are not forced to commit adultery if they seek chastity, the Hukm in case they do not want chastity is not taken from Mafhum of this Ayat but from the other proofs which prohibit adultery absolutely.

 

Also as an example Allah says:

 

((وَإِذَا ضَرَبْتُمْ فِي الأَرْضِ فَلَيْسَ عَلَيْكُمْ جُنَاحٌ أَنْ تَقْصُرُوا مِنَ الصَّلاَةِ إِنْ خِفْتُمْ …))

 

“When ye travel through the earth, there is no blame on you if ye shorten your prayers, for fear…” – [An-Nisa’: 101],

 

its Mantuq is to shorten prayer in case of fear, Mafhum Al-Shart is not to shorten prayer if they are not afraid, but this Mafhum is dispensed with by the Mantuq of the Hadith in which the prophet (saw) answered about the probability of shortening prayer in case of safety, while the ayat mentioned the condition; ((إِنْ خِفْتُمْ …)) “If you fear”, Rasulullah (saw) said:

 

«صدقة تصدق الله بها عليكم فاقبلوا صدقته».

 

“It is a donation from Allah to you, so accept it”.

 

That is why we act according to the Mantuq of the ayat, that is to shorten prayer in case of fear, as for shortening prayer in case of safety, this is not taken from mafhum the ayat but from other evidences, that is the above mentioned Hadith of Rasulullah (saw), which shows the probability of shortening prayer in case of fear and safety, because shortening prayer is a charity from Allah to his worshippers.

 

The same is said about the Hadith of Mu’adh, the Mantuq of the Hadith is followed but Mafhum Al-Shart is dispensed with, if they do not pray, Hukm al-Zakat is taken from other evidences, which necessitate imposing Zakat as an absolute duty, whether they pray or they don’t.

 

Thus we act according to the Mantuq and Mafhum of the evidences which prohibit the gradual implementation of part of the Ahkam and leaving another part, it is acted according to the Mantuq of the Hadith of Mu’adh but not its Mafhum. Thus work is done by the evidences which are according to Usul ul Fiqh (Principles of jurisprudence).

 

As for the second Hadith:

 

حديث عثمان بن أبي العاص: عَنِ الْحَسَنِ عَنْ عُثْمَانَ بْنِ أَبِي الْعَاصِ أَنَّ وَفْدَ ثَقِيفٍ قَدِمُوا عَلَى رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَأَنْزَلَهُمْ الْمَسْجِدَ لِيَكُونَ أَرَقَّ لِقُلُوبِهِمْ فَاشْتَرَطُوا عَلَى النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَنْ لَا يُحْشَرُوا وَلَا يُعْشَرُوا وَلَا يُجَبُّوا وَلَا يُسْتَعْمَلَ عَلَيْهِمْ غَيْرُهُمْ قَالَ فَقَالَ إِنَّ لَكُمْ أَنْ لَا تُحْشَرُوا وَلَا تُعْشَرُوا وَلَا يُسْتَعْمَلَ عَلَيْكُمْ غَيْرُكُمْ وَقَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَا خَيْرَ فِي دِينٍ لَا رُكُوعَ فِيهِ قَالَ وَقَالَ عُثْمَانُ بْنُ أَبِي الْعَاصِ يَا رَسُولَ اللَّهِ عَلِّمْنِي الْقُرْآنَ وَاجْعَلْنِي إِمَامَ قَوْمِي.

 

The Hadith of Othman Ibn Al-A’ss: after Al-Hasan after Othman Ibn Abi Al-Asi, that a group from Thakeef came to Rasulullah (saw), so he accommodated them in the Masjid, to be more compassionate to their hearts, so they made a condition on Rasulullah not to be congregated (yuhsharu) or to collect the tithe or take the tribute from them (yu’sharu) and no other than one of them will be used on them, Rasulullah said you will not be congregated or tributated and no other than one of you will be used on you, and said there is no goodness in a religion with no kneeling (prayer) in it, Othman Ibn Abi Al-Ass said Oh Rasulullah teach me the Qur’an and make me Imam of by people. This expression is for Abu Dawud. Not to be asked to pray (yujabbu) this word is taken from kneeling and was used as a metaphorfor prayer.

 

We say about this Hadith;

 

This Hadith is accepted although Al-Munthiri said about it (it was said that Al-Hasan Al-Basri did not hear from Othman Ibn Al-Ass) but the saying here is in the form of the unknown, therefore it could be used as a proof.

 

In the same manner in which we spoke about the first Hadith we say about this Hadith:

 

It is not correct to understand from it, that gradual progression is allowed in implementing part of the Ahkam and leaving another part, because the definitive proofs are established about prohibiting gradual progression in implementing the Ahkam.

 

Thus we could understand the Hadith in a manner which does not contradict the definitive proofs: that is to work with both proofs: the definitive and the speculative, or to use the definitive proof and reject the speculative, if both proofs could not be used. This means to intend to join the proofs if possible or to go to probability, it is known that the absolute cancels the speculative.

 

In this Hadith Rasulullah accepted from the delegation of Thakeef not to be (crowded or socially intercoursed or to be ruled by other than one of them) but they were not allowed not to pray. There is nothing wrong in not using other than one of them, this is allowed at the beginning if there is an efficient one of them, but what is meant by (not to be crowded or socially intercoursed)? la Yuhsharun means not to be selected to go out to fight and no delegations are sent from them… and la Yuhsharun also means not to take Zakat of their money. la Yu’sharun means not to take one tenth of their money, which is the charity. That is why the Hadith could be understood by taking the meaning of Alla Yuhsharu not to be asked to pay Zakat by going to him, but they stay in their place and he comes to collect the Zakat, this is one of the meanings of yuhsharun and the meaning of la yu’sharun that is not to take one tenth of their money, this is one of the meanings of la Yu’sharu.

 

So what they made as a condition, which was accepted by Rasulullah (saw) is to pay Zakat in their places, and not to take one tenth of their money, only the Zakat. It is allowed for any one who wants to adopt Islam to make a condition to pay his Zakat in his place, and not to take one tenth of his money, only the Zakat. This is allowed and there is nothing wrong with it. Thus it is possible to join between the Hadith and the definitive proofs. But there is narration from Abu Dawud who reported that Wahab said:

 

«قال سألت جابراً عن شأن ثقيف إذ بايعت قال اشترطت على النبي صلى الله عليه وسلم أن لا صدقة عليها ولا جهاد، وأنه سمع النبي صلى الله عليه وسلم يقول: سيتصدقون ويجاهدون إذا أسلموا»

 

“I asked Jaber about the affair of Thakeef when they paid homage to Rasulullah (saw), he said, it made a condition for the prophet (saw) not to pay charity and not to go to Jihad, and that he heard Rasulullah say: they will pay charity and go to jihad if they adopt Islam”.

 

This makes it more probable that the meaning of la yuhsharun is not to be sent to fight meaning not to go to (Jihad), and the meaning of la yu’sharun is not to pay Zakat.

 

In this case the Hadith will be specifically for the delegation of Thakeef, and to accept their not going to jihad and not paying Zakat is a text which is meant only for them, and is not implemented on others, because the private Hukm does not surpass its owner. The specific Hukm needs an evidence for its being specific in order not to surpass it, and the evidence here is the telling of the prophet (saw) that if they adopt Islam they will give charity and go to jihad, and their condition will be nullified, and knowledge of the Unseen (Ilm al ghayb) such as the future is only possible for the prophet (saw), so this is an evidence that this Hukm is specific.The specific Hukm are reported such as the testimony of Khuzaimah which was considered by Rasulullah (saw) to be as that of two men, it is special for him and does not surpass him to others, also the sacrifice of Abu Burdah which was a six month old goat, it is also special for him and does not surpass him to others, because to sacrifice a goat it must be one year old.

 

So we can use both proofs: the gradual progression of Ahkam is forbidden, according to the definitive proofs and the gradual progression of Jihad and Zakat is special for the delegation of Thakeef, because the prophet already knew that if they adopt Islam they will go to Jihad and pay Zakat.

 

The summary: The gradual progression of part of Al-Ahkam and leaving others is prohibited, because of the definitive proofs about that.

 

The Hadith of Mu’adh Ibn Jabal is taken by its direct meaning (Mantuq) and not by the opposite understanding (Mafhum Al-Mukhalafah) of the mentioned condition.The Hadith of Abu Dawud in both of its stories, where the prophet did not agree on their leaving prayer, and accepted their abandoning Jihad and Zakat, is a special condition for that delegation, because the prophet knew through revelation that their condition will be cancelled because when they adopt Islam they will go to jihad and pay Zakat.

 

So both Hadith will not be rejected, but they will be joined together with the definitive proofs which point to the prohibition of gradual progression in implementing part and leaving another part of Al-Ahkam, according to the manner which we explained.Image