Basic introduction to fiqh terminologies ??????? ???????? ?????

1
Basic introduction to fiqh terminologies
??????? ???????? ?????

• Abdullah Hasan
• An introductory lecture delivered to the students
  of European Academy of Islamic Studies (London,
  U.K)
• 12/01/09

2
Fiqh? ???? ??????

• Linguistically
• faqiha, yafqahu ???
• to understand, to
• comprehend, to
• discern.
• A special understanding that comprises
  understanding the mind as well as in the heart
  and through ones actions

• Technically
• Fiqh refers to the science of deducing
  Islamic Laws from evidence found in the sources
  of Islamic law.  By extension it also means the
  body of Islamic laws so deduced

3
Fiqh? ???? ??????

• Allah says Wherever you are, death will
  overtake you, though you are in lofty towers, and
  if a benefit comes to them, they say This is
  from Allah and if a misfortune befalls them,
  they say This is from you (O Muhammad). Say All
  is from Allah, but what is the matter with these
  people that they do not make approach to
  understanding what is told (to them)? Sûrah
  al-Nisâ 78
• Allah says They said O Shuayb! We do not
  understand much of what you say and most surely
  we see you to be weak among us, and were it not
  for your family we would surely stone you, and
  you are not mighty against us. Surah Hûd 91

4
Fiqh? ???? ??????

• Fiqh defined by Imam
• Abu Hanifa
• "Fiqh is to know what is for and against
  oneself."

• ????? ????? ?? ??? ? ?? ?????

5
What is Shariah?

• Linguistic Shari meaning

• How it achieves the well being

• Linguistic meaning
• - The Arabic word shari'ah refers to a
  waterway that leads to a main water source. An
  analogy can be made where just as water is a
  necessary element of life, so is Shari'ah
  essential to the well-being of a Muslim.
• Technical meaning
• - Divine knowledge which is primarily
  obtained from the Quran and Sunnah.

• Worship and religious obligations
• Modest behaviour and moral conduct
• Business and social dealings
• Marriage and divorce
• Inheritance
• Politics and economics
• Penal laws.

6
Sources of the Shariah

• Primary sources
• The Quran
• The Sunnah
• Ijma (scholarly consensus of opinion that is
  authentic, ijma as saheeh)

• Supplementary sources
• Qiyas (judgment based on juristic analogy
• Istihsan (juristic preference)
• Istishab al hal (presumption of continuity)
• Maslaha Mursalah (extended analogy)
• Sadd al Dharai (blocking the means)
• Qawl as Sahabi (opinion of a Companion
• Shar man qabala (previous scriptures

7
Graph demonstrating Shariah in its whole
8
Basic distinction

• Shari'ah

• Fiqh

• The corpus of revealed Laws
• Fixed and unchangeable
• General principles
• Shariah is confirmed ilm (or qati)

• Rulings and Judgments deduced from the sources
• Subject to change (context, circumstance etc)
• Specific and detailed rules
• fiqh is a probable perception (?ann) rather than
  confirmed knowledge (ilm), which is at a
  different level.

9
What is Tashri?

• Literal It is the process of legislation
• Technical It is the establishment of laws
• Allah says, He has ordained for you of religion
  what He enjoined upon Noah and that which We have
  revealed to you, O Muhammad, and what We
  enjoined upon Abraham and Moses and Jesus to
  establish the religion and not be divided
  therein. (alQuran, 4213)

• Who is Musharri (Lawgiver)?
• Allah is the ultimate law-maker
• The Messenger
• Sahaba (they were given the capacity of Ijtihad
• Fuqaha (they were also given the capacity to
  perform ijtihad)

10
Basic comparison of the sources of Tashri
Divine Legislation Human (conventional) Legislation
The primary sources are revealed The sources are man made
The Shariah (qati) laws do not change They change according to peoples whims and fancies
The reward and punishment is both in this world and the next The punishment is only in this world
The laws are universal The laws are restricted
11
Overall Maqsad of Shariah

• Imam Ibn al Qayyim wrote
• Shari'ah is based on wisdom and achieving
  people's welfare in this life and the afterlife.
  Shari'ah is all about justice, mercy, wisdom, and
  good. Thus, any ruling that replaces justice with
  injustice, mercy with its opposite, common good
  with mischief, or wisdom with nonsense, is a
  ruling that does not belong to the Shari'ah, even
  if it is claimed to be so according to some
  interpretations.
• (Shamsuddin Ibn al-Qayyim, Ilam Al-Muwaqiin,
  ed. Taha Abdul Rauf Sad, Beirut Dar Al-Jeel,
  1973)

• ??????? ?????? ??????? ??? ????? ?????? ?????? ??
  ?????? ???????. ??? ??? ????? ????? ????? ?????
  ????? ?????? ????? ??? ????? ???? ?? ????? ???
  ?????? ??? ?????? ??? ????? ??? ??????? ???
  ???????? ??? ?????? ??? ?????? ????? ?? ????????
  ??? ????? ???? ????????

12
What is Taqleed? ??????

• Linguistically
• Taqleed Verbal noun of the root ???
• to gird
• to adorn with a necklace
• Human being necklace, pendant etc..

• Technically
• The acceptance of a statement of another
  without demanding proof or evidence on the belief
  that the statement is being made in accordance
  with fact and proof

13
Evidence of ??????

• Quran
• ??????????? ????? ???????? ??? ????????? ??
• ????????????
• ????? ????? ?????????????? ????????????
  ???????? ????????? ?????? ??? ????? ????????
  ????????? ????????? ????????????????? ???
  ???????? ?????????????? ?????????? ?????
  ?????????? ?????????? ??????????? ???????????

• Ask the people of knowledge if you do not know
  An-Nahl 43
• Not all the believers should go to fight. Of
  every section of them, why does not one part
  alone go forth, that the rest may gain knowledge
  of the religion to admonish their people when
  they return, and perhaps they may take warning
  Tawba 122

14
Evidence of ??????

• Hadith
• Narrated by Aswad Ibn Yazid Muadh came to
  us in Yemen as a teacher and commander. We asked
  him about a man who had died leaving (as his
  heirs) a daughter and a sister. He decreed half
  the estate for sister. This was while Rasulullah
  was alive

• Two Principles from the Hadith
• Taqleed in practice the people relied on the
  authority, integrity and knowledge of Muadh
  they did not ask for evidence.
• The prophet did not criticise the people for
  following Muadh he himself appointed him to go
  to Yemen and teach them.

15
Evidence of ??????

• From the Practice of the Sahabah
• Sahabas were at various levels of knowledge
• Not all were capable of issuing legal rulings (as
  mentioned by Ibn Khaldun)
• Suyuti mentions in Tadrib al-Rawi quoting Ibn
  Hazm that only from seven the legal opinions
  came Umar, Ali, Ibn Masud, Ibn Umar, Ibn Abbas,
  Zayd ibn Thabit, and Aisha.

16
Taqlid part of daily life

• Imam Malik is said to have permitted fourteen
  cases of taqlid (some of which include)
• It is permitted to the layman to accept the
  opinion of a doctor (tabib)
• It is permitted to accept the opinion of a trader
  in the valuation of property (as an expert)
• The buyer is allowed to accept the opinion of the
  butcher that the meat he is buying has been
  properly slaughtered
• The statement of a child bringing permission to
  the guest at the door that he is allowed to enter
  may be accepted by the guest

17
Mufti? Ifta? Mustafti? ?????????

• Definitions
• Mufti the one who issues legal rulings
• Fatwa the actual ruling which the mufti issues
• Ifta is the act of giving legal rulings
• Mustafti the one seeking a legal ruling
  (questioner)

18
Who is the Mustafti? ?????????

• Mustafti is the one who seeks a legal ruling on a
  particular Islamic matter, which means that he or
  she is ignorant of that matter.
• Categories of the Mustafti
• Those on whom asking is not allowed Alim,
  Mujtahid- a mujtahid has all the necessary
  equipment at his disposal to extract rulings
  himself from the sources.

19
Who is the Mustafti? ?????????

• 2. Those on whom asking is a must
• Conditions of the obligations of istifta
• (asking, questioning).
• A. Those who are not mujtahids
• The obligation of knowing a particular ruling on
  an issue this differs from people to people,
  circumstance to circumstance.
• The aami has to ask a scholar in matters that is
• obligated for him to know.

20
Who is the Mustafti? ?????????

• 3. Those on whom asking is allowed.
• - It is allowed for the aami to ask concerning
  the rulings of hajj (for example), while it is
  not obligatory for him to perform it at this
  time, hence it is not wajib upon him to find out
  the rulings of hajj, but it is allowed and
  recommended to find out and learn.

21
Following a Madhhab? ?????

• Imam Ahmad ibn Hamdan al-Harranis opinion
  summarised
• 1- He (aami) affiliates himself to a particular
  madhhab. In this state there are two saying of
  the Scholars
• A-that hes affiliation to a particular madhab
  does not restrict him upon that madhhab.
• B-that the madhab that he belongs to is the truth
  and he has to fulfill what he believes in and
  abide by it.

22
Following a Madhhab? ?????

• 2- The aami does not adhere to a particular
  madhab. In this state there are two saying of the
  Scholars
• A- it is not obligatory to follow a particular
  madhab, but he is allowed to follow and ask any
  Scholar he wishes.
• B- it is obligatory (for the aami) to adhere to
  a madhhab to avoid confusion and the following of
  desires and whims.

23
Following a Madhhab? ?????

• Qawl al-Rajih
• A- it is obligatory upon all Muslims to know the
  hukm of Allah in those matters that are obligated
  to them.
• B- as long as the Muslim has the ability to do
  ijtihad, he has to search and investigate for the
  rulings from the sources.
• C- the Muslim who has the ability to perform
  ijtihad has to follow the minhaj of the
  mujtahideen in his research for the truth.
• D- if the Muslim is unable to do the
  aforementioned, he has to ask the people of
  knowledge (ilm) and confirm (yuqallid) to what
  they rule because they inform him the rulings of
  Allah.

24
Following a Madhhab? ?????

• E- if the Muslim is unable to perform ijtihad, he
  has to seek assistance from the authentic and
  trustworthy books of Scholars, such as the books
  of the madhaib.
• F- when the Muslim studies from these madhabs and
  affiliates himself to one of them he is called a
  Hanafi, Shafi, Maliki, or Hanbali.
• G- when after thoroughly studying a particular
  madhab he finds a issue in his school not to be
  authentic then he is allowed to follow another
  opinion, it actually becomes wajib upon him.

25
END

• References Further reading
• Irshad al Fuhul Imam Shawkani
• Islamic Jurisprudence Niyazi
• Madkhal ila Shariat Islamiyat Al-Qaradawi
• Maqasid ash Shariah Ibn Ashur
• Tarikh Fiqh al Islami Al-Ashqar
• Usul al Fiqh Al-Judai
• Usul ad Dawa Zaydan