Question Four:

I read in The Islamic Personality Volume One: "It is not allowed on the part of the Messenger (saw) that he be a Mujtahid", and I read in The Introduction to the Draft Constitution Part Two: "The Prophet (saw) spent the money from the fai' (war gains) according to his opinion and ijtihad and he spent the money from the jizya (tax for non-Muslims) according to his opinion and ijtihad and he spent the money from the kharaj (agricultural tax) which came from the countries according to his opinion and ijtihad. The Shariah text came and left it for the Messenger (saw) to spend the money as he saw fit, and that was evidence that the Imam can divert these funds according to his opinion and ijtihad, because the action of the Messenger (saw) in doing so is Shar'ii evidence. So it is up to the Imam to divert the funds according to his opinion and ijtihad." The End.

It is as if there is a contradiction between them, could you please explain?

Answer:

There is no contradiction between what is written in The Islamic Personality Volume One and The Introduction to the Draft Constitution Part Two:

Regarding what is written in The Islamic Personality Volume One "It is not allowed on the part of the Messenger (saw) that he be a Mujtahid", the evidences are explained in The Islamic Personality in that chapter. These are clear and correct evidences regarding this issue as Allah (swt) says: {قُلْ إِنَّمَا أُنْذِرُكُمْ بِالْوَحْي} "Say, I only warn you by revelation." [TMQ: 21:45]

In other words, tell them O Mohammad that I only warn you with the revelation that is sent down to me. Meaning, my warning to you is limited to revelation. And Allah (swt) says in Surah al-Najm: [وَمَا يَنْطِقُ عَنِ الْهَوَى* إِنْ هُوَ إِلَّا وَحْيٌ يُوحَى ]

"Nor does he speak from (his own) inclination * It is not but a revelation revealed" [TMQ: 53:3-4]

In other words when it concerns legislation, the Messenger of Allah (saw) only speaks by Revelation and only acts according to Revelation and does not make Ijtihad. Because the Mujtahid succeeds and errs, and this is not proper on the part of the Messenger (saw) who only speaks and acts according to Revelation regarding Legislation.

Regarding what came in The Introduction to the Draft Constitution Part Two, this is related to the State administration in spending in the interest of the Muslims or appointing a wali (governor) or qadi (judge)... so the expenditure of the state property such as jizya, kharaj, fai' and the money of the apostates... according to the interest of the Muslims, is entrusted to the Ijtihad of the State leader in order to achieve the interests of the Muslims. Likewise the appointing of a wali (governor) is entrusted with the Ijtihad of the State leader in order to achieve the interest of the Muslims.

The Messenger (saw) was a Prophet, Messenger and ruler in Madinah, and he (saw) did not make Ijtihad regarding legislation, whereas he informed what was revealed. However concerning expenditure, he (saw) acted as a ruler, using his opinion and Ijtihad, in the interest of the Muslims. Like at Hunain where he (saw) gave some people from the war booty and did not others, noting that this is the only matter where Shariah has entrusted the expenditures to the head of the state. With regards to other matters, it does not apply, such as the spending of zakat.

And running the state administration, such as if the Messenger of Allah (saw) appointed so and so as governor or judge... We do not say that so and so is a governor that his governorship occurred way of Revelation, rather this is from the administrative affairs of the state under the section of the appointment of governors and the likes with his (saw) Ijtihad to achieve the interest of the Muslims.

As of this, there is no contradiction between what is written in The Islamic Personality Volume One and The Introduction to the Draft Constitution Part Two.