Background:
Islamic preacher Yūsuf al-Badrī talked about the characteristics of a preacher and the sources of legislation in Egyptian society. He also talked about the case of liberal Islamic thinker, Naṣr Abū Zayd and criticized his books. The questions were asked and answered in Arabic.
For more information on the case of Professor Abū Zayd, please refer to the tape Naṣr Abū Zayd Accused of Apostasy:
http://www.arabwestreport.info/en/na%E1%B9%A3r-ab%C5%AB-zayd-accused-apo...
Side A:
Islamic Preacher Yūsuf al-Badrī was stating the important aspects of Islam which an Islamic preacher needs to be aware of. He stated that Islam is divided into three major sections which are beliefs, morals and Tashrī‘(legislation). At the beginning of the age of Islam, Tashrī‘was divided into two main sections which were acts of devotion and transactions. With the increase of knowledge, the number of sections had expanded to include eight different sections which include family issues, economy, retributions, internal political system, foreign affairs, jihād, and acts of devotionand judiciary. The Islamic preacher must understand all of those different sections. There are more than thirty doctrines for different theologians in Islam. Al-Badrī mentions that the preacher must acknowledge them all and understand the judgement of Islam towards a certain issue. He must also read the different fatwās around this issue in order to have an accurate judgment. The preacher should learn different languages to know how to deal with the people in each country so he can understand the political system of each country in the world. Al-Badrī talked about his own experience and he believed that he was only capable of judgment after his own mentor, Imām Muḥammad Abū Zahra, examined his abilities.
He gave an example of a false fatwā made by a shaykh who stated that any Muslim can listen to the Qur’ān on the radio without concentrating in what was being read. Al-Badrī argued against, stating that a sūra from the Qur’ān exists in which is described that when the Qur’ān is being read, people should stay attentive and listen. He believed that even if people were listening to the Qur’ān on the radio, people should read with the radio and listen to it .One of his fatwās stated that according to the Qur’ān, the niqāb was mandatory. With the increase of sexual harassment, the niqāb was one of the main solutions to end this problem. Al-Badrī gave another example for his fatwā that talked about the controversy around television. He thought that television was not forbidden because it could be used to spread knowledge for Islam through an untouchable picture.
Al-Badrī was then asked about the sources of tashrī‘(legislation). He said that although theologians have different perspectives around the methods of implementation, they all agree that there were four main sources: the Qur’ān, the Sunnah, ijmaʿ(consensus) and qiyas (analogical reason). Imām Abūḥānīfā supported qiyas greatly and came up with the concept of juristic discretion and Istiḥsān. However, Imām al-Shafiʿī rejected Abūḥānīfā’s concepts and focused on Ijtihād . Al-Mālik initiated the concept of al-Maṣlaḥa-al-Mursala and al-Badrī supported his concept because it would be needed in the future. Aḥmad Ibn Ḥanbal had a different method as well. Therefore, fatwās could differ from one doctrine to another. Al-Badrī talked about four secondary sources which are ʿUrf (local custom), the rulings of the first generation of Muslims, and al-Sāḥāba. He stressed on the idea that local customs differ from one country to another and therefore the fatwā differs as well.
Al-Badrī differentiated between Muftī and Dār al-Iftā. He talked about al-Azhar as a center of spreading the Sunni doctrine through building Dār al-Iftā in different governorates to ensure the accuracy of fatwās. On the other hand, the Muftī has the job of issuing fatwās on the credibility of judgements such as death sentences, human trafficking and the beginning of each month in the lunar year.
Al-Badrī believed that there were many interpretations and several fatwās on a certain issue. However, what distinguished Islam was that it was characterized by stability in its core and flexibility in its details. So, it was acceptable to have several perspectives over a certain issue as long as it did not contradict with the core of Islam.
Al-Badrī was then asked about his opinion on the cases of Sālmān Rushdī, Naṣr Abū Zayd and TaslīmaNīsrīn. According to him, Naṣr Abū Zayd was given the opportunity to defend himself and he chose to be absent. So, the Muftī made his judgment according to incomplete evidence and information and thus Naṣr Abū Zayd was sentenced to Takfīr. According to al-Badrī, Naṣr Abū Zayd used to criticize al-Shafiʿī and believed that the Qur’ān is based on legends and myths. He also suggested that Islam is the source of poverty and under development in the Islamic world and that reason is the only method to prosper. Al-Badrī criticized Abū Zayd because he according to al-Badrī, he insulted Islam while it is the source of development. Islam called for equality between men and women and a man has the right to inherit more than a woman because he is responsible for managing finances that run the household. Abū Zayd had no faith in angels or in Allah’s throne according to al-Badrī.
Side B:
Al-Badrī finally concluded his criticism by saying that Abū Zayd was his own enemy. Al-Badrī said that they have started the case against Abū Zayd to prevent the education of his books to students. He also called for a debate between him and Abū Zayd to overlook his books and point out the mistakes that were written regarding Islam because his books were far more dangerous than Sālmān Rushdī’s novel.