Bismillah
Praise is for Allah Alone and I send prayers of Peace upon the Noble Messenger Muhammed

Lets Study Fiqh - Islamic Legal Jurisprudence
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.

Lets Study Fiqh - Islamic Legal Jurisprudence
Part 2

What is FIQH?

The word fiqh, linguistically, refers to jurisprudence, an
understanding, or to know something. Islamically, 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’yah, 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’yah 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 with the right foot, then a place of filth, such as the washroom, should be entered with the left
foot.

Lets Study Fiqh - 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’ya, 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.

Let's Study Fiqh - Islamic Jurisprudence. Part Four

The Hukm ash-Shar’ee / Divine Commandments have been classified into two majorcategories:

1.Hukm at-Takleefee / laws of personal obligationThis is a ruling for an individual who is obligated to follow—meaning that there is something that you are asked to do or to stay away from.For example, a Muslim must perform the Salat and pay the Zakat. A Muslim is prohibited from consuming alcohol. In this case we say that the hukm is self-sufficient; the action stands by itself and does not rely on anything.

2.Hukm al-wad’ee / rulings that concern Preconditions & collective situations This is a ruling for the general community and is based on conditons and prerequisites that establish Personal or communal Obligations.For example, performing wudu is a preRequisite for the salat. Or, sighting of the moon establishes Ramadan. Or, a witness for a marriage. It is somethingneeded for an obligation to be fulfilled or established.Within a community, however, there are certain people who areobligated to perform acts on behalf of the whole based on their specific condition. Others become obligated personally as circumstances arise. All people rise to particular levels of responsibility and become Mukallaf - obligated. For example, a child below the age of ten is not required to pray or fast so he or she is NOT mukalaf for these actions—whereas a person who has reached puberty MUST pray and fast,making them mukallaf for these actions.

Lets Study Fiqh - Islamic JurisprudencePart Five

The science of fiqh therefore is the recognition of the religious rulings and how they are DERIVED from the detailed CLEAR proofs.

All the proofs are ABSOLUTE and RELATIVE. The absolute ones are the Book of Allah, the Sunnah of His Messenger and the Ijmaa or consensus of the ummah.

The relative ones include al-qiyas (analogy), which could, come close to the absolute proofs but never at par with it.

All actions (not objects) have rulings in Islam, and they belong to one of the following five categories (according to Imams Malik, Shafiee and Ahmed):

1.Mandatory (wajib)2.Preferable (mustahab)3.Permissible (mubah)4.Disliked (makrooh)5.Forbidden (haram)

Imam Abu Hanifa's followers have established 7 categories:

1.Mandatory (Fard)2.Necessary (Wajib)3.Preferable (mustahab)4.Permissible (mubah)5.Disliked leading to sin (makrooh Tanzeeh)6. Indirectly forbidden (Makrooh Tahreem) 7.Forbidden (haram)

So when someone says something is wajib...it would mean different things to different people. We'll clear that up shortly insha Allah.

Lets Study Fiqh - Islamic Jurisprudence
Part Six

Imam Abu Hanifa's school split Wajib into Fard and Wajib. Fard is where the proof is more explicit and solidly established as a commandment (such as salat). Wajib is known as a ruling without an explicit order (such as the Witr salat). We'll use many examples later to illustrate the difference. In either case a person is punished for not fulfilling it. THE MAIN ISSUE is that if a person DENIES a FARD they are no longer considered a believer, if done knowingly and willingly. While, a person DENYING a WAJIB does not result in disbelief. ALSO, if a FARD is forgotten in an act of worship the whole act must be repeated again, while a wajib can be made up in the act itself and if NOT MADE UP the ACTION IS STILL ACCEPTED BUT DEFICIENT (Salaat for example a person forgets a wajib action, they can make the sujud of Forgetfulness. If they do not the prayer is still valid but not full for reward). While a fard element missing renders the whole prayer null and void.

The School of the Great Imam Abu Hanifa also split up Makrooh into Tanzeeh (non-sinful but immoral) and TAHREEM. Tanzeehi is considered immoral acts which are not necessarily haraam, but best to be avoided AND Makrooh Tahreem is prohibition of an act and considered haraam even though it was not EXPLICIT statement from Allah.

So Makrooh Tahreem and Haraam are both sinful and punishable by Allah. The difference is that one is explicit as a statment direct from Quran, Sunnah or Ijmaa (Do Not consume intoxicates) and therefore Haraam, while "Makrooh Tahreemi" is forbidden due to undeniable reason QIYAS or analogy. This is the opposite of Wajib. It is sinful to commit it as it renders worship defective though its sinfulness is less than that of Haraam.

We'll talk about the Jumhoor (Majority - Malik, Shafiee and Hanbal) next insha Allah.

quite informativ thread thread.jzk.u are one of those keeping me on NL.pls kp it up.

Lets Study Fiqh - Islamic Jurisprudence
Part 7

Divisions of Legal Perissibility & Accountability with the Jumhoor (The Majority - Malik/Shafi'ee/Hanbal)

The Hukm ash-Shar’ee have also been structured into categories to assist in classification based on requirements and proofs

Wajib A must, an obligation, compulsory
Example: Salat
Rewarded for fulfillment and
Punished for non-compliance.

Mustahab/Mandoob/Masnoon Something that is desired, that you are asked to do
Example: Memorising the Quran
Rewarded for fulfillment and
NO punishment for non-compliance

Moobah Allowable, Permitted
Example: Eating halal foods
Rewarded if intending good deed otherwise No reward
No punishment unless intending evil by it

Makrooh Disliked/undesirable
Example: Standing while Drinking/eating
No Punishment
Rewarded for Abstaining

Haraam Absolute Prohibition
Example: Drinking Alcohol
Promise of Punishment
Rewarded for abstaining

Lets look at each category individually and compare it, where necessary with hanifi divisions.

Lets Learn Fiqh - Islamic Jurisprudence
Part 8

The Wajib - Divinely Ordained / Obligatory

Wajib ‘ayn (with Hanafis Fard ‘ayn): An act which every individual is obligated to perform on their own. For example Salat and Siyam—no one can pray or
fast for you, rather you are responsible for this on your own.

Wajib Keefayah (Hanafis - Fard Keefayah): An obligation that is required from the ummah, in general. Once a person or a group has fulfilled this obligation then the ummah is free from performing it—for example
praying the Janazah Salat. However,if everyone from the community does not do this action, then every member in the ummah gets a sin for it.

Also, if there is a communal need, such as Dawa, then there must be a person or group of persons fulfilling this religious requirement.
Until this group exists, the whole ummah in that part of the world is liable and responsible on the Day of Judgment. This requirement also goes outside of religious requirements—for example if the community
needs a doctor, they are required to train someone from their community in that profession in order to take care of the community.

There are three aspects to the Wajib in daily life:

1. There are aspects of life where you, as an individual, have the choice as to WHEN you perform a certain act. For example, marriage is an act that is an obligation upon every individual—there is no “monkship” or “nun ship” or “priesthood” in Islam, which means that marriage is a wajib. However, as to when it is performed, it is
your choice.
2. There are other wajib acts in which one does not have the choice as to when he or she performs it. For example, Ramadan, or Hajj or the time periods of salat. These wajib acts are only permissible within a certain time period.
3. Another category of individual wajibat is a written command. An example would be zakat—each mukallaf is responsible for this.

Lets take a look at How Wajib with the Jumhoor is different to the Hanafis by looking at Salatul Witr Prayer. Is Witr Wajib or not? and to who? hmmmm getting interesting!

subscribing

Lets Study Fiqh- Islamic JurisprudencePart 9

IS WITR WAJIB? A Wajib, to Hanafis, is an obligation which is NOT the level of Fard in the directness of the order. There is some uncertainty due to conflicting evidence about whether it is obligatory or desirable.

To the HANAFIs In terms of acting upon the instruction, WAJIB is treated like a fard, in that it is not be deliberately discarded, and it must be made up if it was missed for some reason and denying it is sinful.

Case Study: Witr Prayer

Evidence indicating the Importance of the Witr prayer (all from Bukhari (Authentic)

Narrated 'Aisha: Allah's Apostle offered Witr prayer at different nights at various hours extending (from the 'Isha' prayer) up to the last hour of the night.

Narrated 'Aisha : The Prophet (p.b.u.h) used to offer his night prayer while I was sleeping across in his bed. Whenever he intended to offer the Witr prayer, he used to wake me up and I would offer the Witr prayer too.

Narrated 'Abdullah bin 'Umar: The Prophet (p.b.u.h) said, "Make witr your last prayer at night."

Narrated Ibn 'Umar: The Prophet used to offer (Nawafil) prayers on his Rahila (mount) facing its direction by signals, but not the compulsory prayer. He also used to pray Witr on his (mount) Rahila (camel back).

Imam Abu Hanifah refrained from pronouncing witr as fard, due to the existence of counter-evidence, such as the hadith reported by Bukhari and others, about the Bedouin who asked the Prophet about the 5 pillars of Islam. When the Prophet told him about the 5 daily prayers, he asked, 'is there anything in addition to this?' and the Prophet said, 'No, unless you wish to do something optional.'

For the Hanafis Witr is necessary and a person who leaves it off will be punished because it was a worship never left off by the Prophet sala Allahu alihi and was something he would wake his family to pray even though he would let them sleep through the night prayers, and he would pray it even on camel back when traveling and in his illness. Further, leaving this, is abominable and denying it is sinful.

The Majority say that it is the most confirmed Sunnah of the Prophet sala Allahu alihi was Salaam and the one who abandons it totally is in error, but missing it is not punishable if undenied although it is undesirable. They use in evidence that Ali bin Abu Talib radiyAllahu anhu said, "The Witr prayer is not required like your obligatory prayers but Mohammad sala Allahu alihi would perform the Witr prayer and say, 'O you people of the Quran, perform the Witr prayer, for Allah is One and He Loves the Witr.'" This is related by Imam Ahmad bin Hanbal, Nasa'i, Abu Dawud, ibn Majah and Tirmidhi, who calls is hasan, and Al-Hakim who grades it sahih.

So who is right?Both.How can that be? Why? Keep reading the next installment to find out how that is and the BEAUTY of our study of Islam and the search for Truth!

waiting to see how both will be correct at the same time

Lets Study Fiqh - Islamic JurisprudencePart 10Why can there be more than one Valid Fiqh opinion?

Can a Hanafi claim that a Maliki is missing nearly 20% of their daily obligatory worship because they did not pray Witr?

NO!

Allah has made our way of life simple. The Fard/Wajid of Majority is known. They are matters that are clear and unequivocal. No one differs about them.

Other issues have been made open to reasoned opinion and scholarly determinations which may result in differing opinions in regards to the interpretation and usage of the ambiguous or unclear matters.

These differences are acceptable IFFFFFF arise out of a sound methodological interpretation of the primary (Quran, Hadith, Ijma) texts by Qualified Imams. This there is no doubt is accepted and there is scholarly consensus (ijma`), that it is obligatory to follow established general methodological principles of interpretation .

The result is NON CERTAIN declarations that are not Yaqeen (Not completely certain of them), although there is REASONABLE SURETY(ghalabat al-dhann). This is enough in FIQH is enough, unlike the study of Aqidah (Necessary Belief about Allah etc) where there is only absolute certainty or YAQEEN.

So the Hanafi scholars write in the introductions to their masterpiece works on fiqh (Durrar and the Shafiees in al Majmoo' and the Hambalis and Malikis and all others) an important teaching that is Forgotten by some:

"We hold our position to be correct, although there is the possibility of it being wrong. Equally we believe that the opposing position(s) to be wrong, although their is the possibility of it being correct."

Imam Shafi'ee would say, I never debated anyone except that I prayed Allah would establish the Truth upon their tongue.

The Study of fiqh teaches us that it is not permitted to condemn others on issues where there is legitimate difference of opinion that is rooted in the study of the primary sources by qualified individuals. This does not limit the interchanging of advice and the acceptance of each individual of their validly arrived at position.

Thats why a student of knowledge is encouraged to study the sources through a methodology of interpretation under a qualified instructor. But we'll get to that when we talk about Who needs a Madh-haab and is it a must for all?

We'll talk about what HARAM is and means, insha Allah.

Lets Study Fiqh - Islamic JurisprudencePart 11

How the Imams Differed: Is Prayer accepted with reading Fatiha?

Before we move on to Haraam (Prohibited) which is the opposite of Wajib/Fard, lets take a couple more examples to show:1- How much detail goes into a verdict2-The importance of comprehensive knowledge of all matters that relate to an issue3- That judgment and sincerity is key to the pursuit of beneficial knowledge

We spoke about witr prayer and how the scholars differed. Another place of differing is in a matter that is at the HEART OF ALL PRAYER - Surat al-Fatiha and the obligation of reciting it and whether omitting it nullifies and voids a prayer.

Imam Bukhari reports, as do others, That Rasool ul Allah sala Allahu alihi said: "There is no prayer for the one who did not recite the Fatiha."

The hadith sounds very explicit and therefore the Majority of Imams (Malik, al-Shafi`i and Hambal) concluded that it is an obligation (WAJIB), and the prayer is invalid if it is omitted deliberately.

The Hanafi view is that it is WAJIB but NOT Fard. You will remember that a Fard if left off nullifies the action, while a Wajib does NOT invalid the whole action but renders it deficient of complete reward.

So the Hanafis hold that the prayer is valid while Malik, Shafiee, Hambalis hold the prayer invalid. This of course is a serious issue.Lets take a closer look:

All agree that the primary source of legal matters that relate to Islamic worship and ritual is the Qur'an.

The Hanafis make note that Allah says in Surat al Muzzamil: "Recite what is easy for you of the Qur'an."

They see that this ayat although initial personal to the Prophet sala Allahu Alihi was made directly applicable to everyone and their Prayer due to the hadith in Bukhari wherein the Prophet sala Allahu alihi wasSalaam witnessed a man who was performing his Prayer poorly. The man and was told repeatedly told by the Prophet to repeat it and he continued to do it poorly until finally, the Prophet sala Allahu alihi taught him how to pray. In that hadith the Prophet saysand part of Bukhari's narration says, "When you stand up for prayer, Begin with Allahu Akhbar (Takbeer), then recite whatever is easy for you out of (those portions of) the Qur'an which you have memorized."

So the Prophet sala Allahu alihi applied the verse to the instruction of this man and said to him read what you are able to read from the Quran.

Hanafis say that a verse of the Qur'an cannot be abrogated (cancelled) by a singular (aaHaad) hadith. To the Hanafis the Qur'an can only be modified by mass-narrated (mutawatir) hadith which leave no room for uncertainty.

So when the Majority responded that the hadith about not reciting Fatiha is MUTAWATIR the Hanafis responded that even if the hadith are mutawatir, they are still not absolutely definitive and conclusive in wording and can be shown to not necessarily mean that the Fatihah is Fard.



The Arabic Laws of Eloquence / balaagha can be used to interpret the hadeeth to mean"the prayer of the one who did not recite the Fatihah is deficient and lacking.' instead of "..void or invalid."



The same interpretations are used when we report hadith such as, "The one who spreads mischief between two people shall not enter paradise or even smell it."We understand this to mean that they will not enter Paradise until they are punished for their sin first THEN they will enter Jannah by consensus of All Imams.



This issue is very important for brothers and sisters new to Islam who are not familiar with arabic, or those who pronounce the Quran incorrectly; the Hanafi opinion accepts their prayer as valid without the Fatiha.



The arguments of course show that even issues that we, the common folk, take as being clear, are not as clear as we may perceive. Reading a hadith without knowledge of the Quran, Arabic language, reason for revelation and instances of mention all come together in the judgments we live by.



Insha Allah thats clear? Do we need another example or should we move on?