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بسم الله الرحمن الرحيم

Assalamu Alaikum.

[Note: Please excuse me for what might appear to be bad editing. The theme that I’m using is causing a lot of issues which may make the posts look a bit…strange.]

So there I was studying for my exam and I come across this amazing nugget about the five types of conciliation (الصلح), four of which are mentioned in the Quran.

“So the exam was about tafsir?”

No, it was on fiqh (jurisprudence) of business transactions. Go figure…

[Note: I’ve summarised (not translated verbatim; however, the part in quotes is verbatim from the English book) the following from Shaikh Saleh Al-Fawzan’s English translation of “A Summary of Islamic Jurisprudence Part 2” (available here) and his explanation of Akhsar Al-Mukhtasaraat entitled “Eedhah Al-Ibaaraat fee Sharh Akhsar Al-Mukhtasaraat. As far as I know, this book has not been translated.]

Firstly, what is conciliation (الصلح)?

Shaikh Saleh states: “Conciliation is an agreement on the basis of which settlement is reached between two disputing parties.”

There are five types of conciliation:

1) Conciliation between the Muslims and the kuffar (disbelievers), who show hostility to the Muslims.

An example of this is the treaty of Hudaibiyah which the Prophet (sallallahu alaihi wasallam) signed with the mushrikeen (polytheists).

[To know more about this treaty, one may refer to the Tafsir of Surah Al-Fath, the seerah (biography) of the Prophet (sallallahu alaihi wasallam) or articles like this one.]

Allah says:


وَإِن جَنَحُوا لِلسَّلْمِ فَاجْنَحْ لَهَا وَتَوَكَّلْ عَلَى اللَّـهِ ۚ إِنَّهُ هُوَ السَّمِيعُ الْعَلِيمُ

“But if they incline to peace, you also incline to it, and (put your) trust in Allah. Verily, He is the All-Hearer, the All-Knower.” [Surah Al-Anfal (8) : 61]

“As-Salm” (peace) here means “As-Sulh” (conciliation).

Allah says:

فَلَا تَهِنُوا وَتَدْعُوا إِلَى السَّلْمِ وَأَنتُمُ الْأَعْلَوْنَ وَاللَّـهُ مَعَكُمْ وَلَن يَتِرَ‌كُمْ أَعْمَالَكُمْ

“So be not weak and ask not for peace (from the enemies of Islam), while you are having the upper hand. Allah is with you, and will never decrease the reward of your good deeds.” [Surah Muhammad (47) : 35]

If the Muslims are stronger than the kuffar, it is NOT allowed to have a treaty and leave fighting. On the contrary, it is obligatory to fight them.*

[*Remember that we are referring to the kuffar who are hostile to the Muslims.]

2) Conciliation between a group of just Muslims and a group of rebellious Muslims.

Allah says:

وَإِن طَائِفَتَانِ مِنَ الْمُؤْمِنِينَ اقْتَتَلُوا فَأَصْلِحُوا بَيْنَهُمَا ۖ فَإِن بَغَتْ إِحْدَاهُمَا عَلَى الْأُخْرَ‌ىٰ فَقَاتِلُوا الَّتِي تَبْغِي حَتَّىٰ تَفِيءَ إِلَىٰ أَمْرِ‌ اللَّـهِ ۚ فَإِن فَاءَتْ فَأَصْلِحُوا بَيْنَهُمَا بِالْعَدْلِ وَأَقْسِطُوا ۖ إِنَّ اللَّـهَ يُحِبُّ الْمُقْسِطِينَ

إِنَّمَا الْمُؤْمِنُونَ إِخْوَةٌ فَأَصْلِحُوا بَيْنَ أَخَوَيْكُمْ ۚ وَاتَّقُوا اللَّـهَ لَعَلَّكُمْ تُرْ‌حَمُونَ


“And if two parties or groups among the believers fall to fighting, then make peace between them both, but if one of them rebels against the other, then fight you (all) against the one that which rebels till it complies with the Command of Allah; then if it complies, then make reconciliation between them justly, and be equitable. Verily! Allah loves those who are equitable. The believers are nothing else than brothers (in Islamic religion). So make reconciliation between your brothers, and fear Allah, that you may receive mercy.” [Surah Al-Hujurat (49) : 9-10]

3) Conciliation between the husband and the wife, if there is disagreement/discord between them.


وَإِنِ امْرَ‌أَةٌ خَافَتْ مِن بَعْلِهَا نُشُوزًا أَوْ إِعْرَ‌اضًا فَلَا جُنَاحَ عَلَيْهِمَا أَن يُصْلِحَا بَيْنَهُمَا صُلْحًا ۚ وَالصُّلْحُ خَيْرٌ‌ ۗ وَأُحْضِرَ‌تِ الْأَنفُسُ الشُّحَّ ۚ وَإِن تُحْسِنُوا وَتَتَّقُوا فَإِنَّ اللَّـهَ كَانَ بِمَا تَعْمَلُونَ خَبِيرً‌ا

“And if a woman fears cruelty or desertion on her husband’s part, there is no sin on them both if they make terms of peace between themselves; and making peace is better. And human inner-selves are swayed by greed. But if you do good and keep away from evil, verily, Allah is Ever Well­-Acquainted with what you do.” [Surah An-Nisa (4) : 128]

4) Conciliation between two parties from amongst the Muslims in a matter other than financial affairs.


فَاتَّقُوا اللَّـهَ وَأَصْلِحُوا ذَاتَ بَيْنِكُمْ

“So fear Allah and adjust all matters of difference among you.” [Surah Al-Anfal (8) : 1]

It is mandatory to have conciliation between them in matters other than those related to Islam (i.e. no compromising in religion) or financial affairs (this is the fifth type and it has certain rules). This is because these are personal matters.

So there is a lot of benefit in this as people are always in disagreement, and the peacemakers try to reconcile between the two parties whereas the tale bearers (those who do nameemah) cause fasaad (corruption).

So, conciliation is mandatory in this case as the believers are brothers.

Allah says:

إِنَّمَا الْمُؤْمِنُونَ إِخْوَةٌ فَأَصْلِحُوا بَيْنَ أَخَوَيْكُمْ ۚ وَاتَّقُوا اللَّـهَ لَعَلَّكُمْ تُرْ‌حَمُونَ

“The believers are nothing else than brothers (in Islamic religion). So make reconciliation between your brothers, and fear Allah, that you may receive mercy.” [Surah Al-Hujurat (49) : 10]

Shaikh Saleh then mentions in “Eedhah Al-Ibaaraat” that it is especially important for students of knowledge to make peace between themselves, and also make peace between other people (like between families). He points out that there is a great reward for making peace between people.

Allah says:

لَّا خَيْرَ‌ فِي كَثِيرٍ‌ مِّن نَّجْوَاهُمْ إِلَّا مَنْ أَمَرَ‌ بِصَدَقَةٍ أَوْ مَعْرُ‌وفٍ أَوْ إِصْلَاحٍ بَيْنَ النَّاسِ ۚ وَمَن يَفْعَلْ ذَٰلِكَ ابْتِغَاءَ مَرْ‌ضَاتِ اللَّـهِ فَسَوْفَ نُؤْتِيهِ أَجْرً‌ا عَظِيمًا

“There is no good in most of their secret talks save (in) him who orders Sadaqah (charity in Allah’s Cause), or Maroof (Islamic Monotheism and all the good and righteous deeds which Allah has ordained), or conciliation between mankind, and he who does this, seeking the good Pleasure of Allah, We shall give him a great reward.” [Surah An-Nisa (4) : 114]

5) Conciliation between two parties disputing over property.

Shaikh Saleh states:

“This is divided into two types:

a) The first kind is to arrange conciliation between the two parties in order to return the very type of the object of disagreement.

b) The second type is to arrange conciliation for returning a thing other than the object of disagreement.”

This type of conciliation is the one explained in the fiqh of business transactions and it has its proofs in the ahadeeth.

Note: To know more about the above, it would be better to refer to the books of fiqh. I just wanted to pointed out the various types of conciliation.

[Note to those who left comments on some previous posts: I will reply soon, insha-Allah. Please forgive me for the delay. I had taken a long break from blogging. Barakallahu feekum]

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