What Is Meant by Nawazil?

Answered by Shaykh Anas al-Musa

Question

What is meant by the term “nawazil”?

Answer

In the name of Allah, the Most Gracious, the Most Merciful.

All praise is due to Allah, Lord of all worlds. Peace and blessings be upon the Messenger sent as a mercy to the worlds, our Master and Prophet, Muhammad, and his Family and Companions.

In the Arabic language, the word “nazila” (plural: nawazil) refers to a severe hardship that befalls a group of people. The word signifies the descent or occurrence of something. [Farahidi, al-‘Ayn]

In the context of Islamic jurisprudence (fiqh), nawazil are events or situations that arise suddenly and require a legal ruling. Ibn ‘Abidin defined it as issues about which the leading scholars of a particular school were asked but for which they found no specific textual evidence, leading them to derive a ruling based on analogy and reasoning. [Ibn ‘Abidin, Radd al-Muhtar]

In general, a nazila is a newly arising incident that requires an Islamic ruling. [Mushayqih, Fiqh al-Nawazil]

Zuhayli describes nawazil as issues or emerging situations that society faces due to the expansion of activities and the complexity of transactions, for which there is no direct legislative text or previous scholarly ruling. These situations vary widely, depending on the customs and local practices of different regions. Some issues may arise and then disappear, or they may be relevant to one region but not to another. In some cases, a nazila may be general, affecting all or most Muslim countries. [Majalla Majma‘ al-Fiqh al-Islami; Zuhayli, Subul al-Istifada; Muhammad Yusri, Fiqh al-Nawazil]

In summary, nawazil are newly arising issues related to the actions of those who are legally accountable (mukallaf) and for which there is no explicit ruling in the existing corpus of Islamic jurisprudence. These issues require deep effort and diligent reasoning to derive a ruling and understand their basis.

Other terms that scholars have used for nawazil include:

• Hawadith (incidents)
• Waqi‘at or Waqa’i‘ (events or occurrences)
• Aqdiyya wa Ahkam (judgments and rulings)
• Fatawa (legal opinions)
• As’ila (questions) and Masa’il (issues)
• Mustajiddat or Mustahdathat (new developments). [Muhammad Yusri, Fiqh al-Nawazil]

How Nawazil Arose

During the time of the Prophet Muhammad (Allah bless him and give him peace), new situations and incidents would arise among the Muslims, and they would turn to the Prophet (Allah bless him and give him peace) seeking rulings on these matters.

After the Prophet’s passing, the Companions (Allah be pleased with them) would refer to their scholars, foremost among them being the four rightly guided caliphs, the pious leaders whose way was commanded to be followed and whose path was to be emulated. They would seek rulings from the Book of their Lord and the Sunna of their Prophet (Allah bless him and give him peace), not straying beyond these sources.

If they were unable to find a definitive text to resolve a particular issue, they would exert their reasoning to derive a ruling on the newly arisen matter in a way that was in harmony with the Quran and Sunna. When a matter arose for which there was no explicit directive from the Messenger of Allah (Allah bless him and give him peace), they would gather, deliberate, and reach a consensus, and the truth was in what they agreed upon.

In the first century of the Hijri calendar, the focus was on the basic teachings and rulings of Islamic jurisprudence (fiqh), both in learning and teaching and on addressing new situations through questions and legal inquiries. There was no need to separate fiqh from nawazil; the two were closely linked, though they were not formally documented at that time.

With the onset of the fourth century Hijri, a new phase began characterized by the consolidation of fiqh, where many scholars devoted themselves to organizing and expanding the schools of thought of the leading Imams. During this period, there was a pressing need to document books on nawazil, which were shaped by the specific legal school to which a particular scholar or mufti adhered. [Muhammad Yusri, Fiqh al-Nawazil; Mushayqih, Fiqh al-Nawazil]

The Importance of Studying Nawazil

It demonstrates the perfection of the Sacred Law and its applicability to every time and place. There is no nazila (new issue) except that it has a ruling within the Sacred Law, as clarified in the Book of Allah and the Sunna of His Messenger (Allah bless him and give him peace). Those firmly grounded in knowledge are aware of this, as Allah (Most High) said:

“Today I have perfected your faith for you, completed My favour upon you, and chosen Islam as your way.” [Quran, 5:3]

Abu Dharr (Allah be pleased with him) reported: “The Messenger of Allah (Allah bless him and give him peace) left us in such a state that there was no bird flapping its wings in the sky except that he had given us knowledge about it.” [Ibn Sa‘d, al-Tabaqat al-Kubra]

The Ruling on Studying Nawazil

Studying nawazil (emerging issues) is a communal obligation (fard kifaya). If a sufficient number of qualified individuals fulfill this duty, the obligation is lifted from the rest of the community. This is because clarifying knowledge and addressing the needs of the people is a communal obligation; when adequately performed by some, the rest are absolved of sin.

Allah (Most High) says:

“(Remember, O  Prophet,) when Allah took the covenant of those who were given the Scripture to make it known to people and not hide it.” [Quran, 3:187]

Books on Nawazil in the Hanafi School

• “Nawazil al-Samarqandi” by Abu al-Layth Nasr Ibn Muhammad;
• “Al-Fatawa al-Kubra or Tajnis al-Waqi‘at” by Imam al-Sadr Husam al-Din Umar Ibn ‘Abd al-‘Aziz;
• “Fatawa Qadi Khan” by Fakhr al-Din Hasan ibn Mansur al-Uzjandi;
• “Al-Fatawa al-Bazzaziyya” by Muhammad Ibn Muhammad al-Bazzazi;
• “Al-Fatawa al-Sirajiyya” by Ali ibn ‘Uthman al-Ushi al-Farghani;
• “Al-Fatawa al-Timurtashi” by Muhammad Ibn ‘Abd Allah al-Timurtashi;
• “Al-Fatawa al-Zayniyya” by Zayn al-Din Ibrahim Ibn Najim.

Examples of Nawazil

Examples of modern nawazil include:

• Surrogate motherhood;
• Milk banks;
• Sperm banks;
• Hair transplants;
• Organ transplantation;
• Whether treated wastewater, after purification and removal of impurities, becomes pure due to its final state or remains impure due to its original state.

Conclusion

Fiqh (Islamic jurisprudence) is not merely a science of legal rulings but a profound understanding of the religion that seeks to achieve justice and mercy in society. It connects Islamic texts with practical reality, making it a powerful tool for achieving balance and stability in the lives of Muslims.

May Allah bless the Prophet Muhammad and give him peace, and his Family and Companions.

[Shaykh] Anas al-Musa

Shaykh Anas al-Musa, born in Hama, Syria, in 1974, is an erudite scholar of notable repute. He graduated from the Engineering Institute in Damascus, where he specialized in General Construction, and Al-Azhar University, Faculty of Usul al-Din, where he specialized in Hadith.

He studied under prominent scholars in Damascus, including Shaykh Abdul Rahman al-Shaghouri and Shaykh Adib al-Kallas, among others. Shaykh Anas has memorized the Quran and is proficient in the ten Mutawatir recitations, having studied under Shaykh Bakri al-Tarabishi and Shaykh Mowfaq ‘Ayun. He also graduated from the Iraqi Hadith School.

He has taught numerous Islamic subjects at Shari‘a institutes in Syria and Turkey. Shaykh Anas has served as an Imam and preacher for over 15 years and is a teacher of the Quran in its various readings and narrations.

Currently, he works as a teacher at SeekersGuidance and is responsible for academic guidance there. He has completed his Master’s degree in Hadith and is now pursuing his Ph.D. in the same field. Shaykh Anas al-Musa is married and resides in Istanbul.