#StudyFiqh - Part 1

There are FIVE legal maxims / principles that connect and are applied to ALL the chapters of Fiqh.

1- Actions are viewed in light of the doers conscious intention.

2- Certainty is not negated by doubt

3- Hardship necessitates the provision of concession

4- No harm and no reciprocation of harm

5- Local custom is given consideration

you will find these five legal maxims used throughout classical and contemporary scholarship.

In our journey these 5 principles will be indispensable. We will understand each maxim as we proceed, insha Allah.

#StudyFiqh - Islamic Legal Jurisprudence Part 2

What is FIQH?

The word fiqh, linguistically, refers to jurisprudence, an understanding, or to know something. Islamicly, however, it takes its cue from knowing something based on statements and actions derived from the revelation to Prophet Muhammad (saw). This is what forms the foundation of Islamic Legislation, also called Sharee’ah, whose rulings or HUKM is based on four principle sources:

1. Allah, via the Quran.
2. Prophet (saw), via authentic narrations called Hadith which establish the Sunnah.
3. Ijma, the consensus of the Sahaba and the Salaf and Scholars.
4. Qiyas, derivation of hukm from analogy—this is left for qualified scholars.

What is Qiyas?

This is when scholars of Islamic Sharee’ah establish an understanding by looking at something similar to the issue, or to the opposite of it.
Why the opposite?
Because “somethings are known by their opposites.”
For example, if there were no darkness how would we know what light is? If a person is standing, what is he/she not doing? Sitting, of course!

As such, when we enter the mosque the Rasool (saw) taught us to enter with our right foot. So, by analogy or “Qiyas” the scholars have said that if we enter a place of righteousness do so with the right foot, then a place of filth, such as the wash room, should be entered with the left foot.

#StudyFiqh - Islamic Jurisprudence Part 3

How does fiqh work?

Fiqh has been established into two basic elements:

1. Knowing or learning the Ahkam (rulings & regulations)
2. Knowing the Daleel (evidence, as to why it is a rule)

As this aspect of Fiqh coincides with the Sharee’ah, the Hukm, or ruling, is referred to as Hukm ash-Shar’ee. The most important thing to know about this type of Hukm is that it always comes directly from Allah!

Rasool ul Allah (saw) did not make a Hukm without Allah’s Order and Will. We know this because:

1. Firstly, Allah tells us in the first few ayats of Sura Najm that the Rasool (saw) does not speak of his own desires.
2. Secondly, in surah Tahreem, Allah says to the Rasool (saw) “Why do you deem something not permitted which Allah has made halal?”

From these two examples it should be clear to the reader that the Rasool sala Allahu Alihi had absolutely no part in establishing the Hukm, but that it comes from Allah, alone