Evolution of Fiqh






Course Materials
Date Audio Other       
Week 1 – 17 April 2015  Evolution-of-Fiqh-week1.mp3

Date: week1  17 April 2015.

Definition of Fiqh

Early scholars would use FIQH to mean

  1. knowledge
  2. Rulings
  3.  understanding
Literally means, the true understanding of what is intended.
An example of this usage can be found in theProphet Muhammad’s
statement: “To whomsoever Allaah wishes good,He gives
the Fiqh (true understanding) of the Religion”Technically,
however, Fiqh refers to the scienceof deducing Islamic laws from
evidence found in the sourcesof Islamic law.   By extension it
also means the body of Islamic laws so deduced.
Sharee’ah, literally means, a waterhole where animals
gather daily to drink, or the straight path as in the Qur’anic verse.
ثُمَّ جَعَلْنَاكَ عَلَى شَرِيعَةٍ مِّنَ الْأَمْرِ فَاتَّبِعْهَا وَلَا تَتَّبِعْ أَهْوَاء الَّذِينَ لَا يَعْلَمُونَ (18)
Then we put you on a straight path (Sharee’ah) in you
affairs, so follow it and do not follow the desires of those
who have no knowledge.”(45. Jathiya).
            The Goals of the Shariah
  1.  protection of Human life
  2. protection of Life
  3. protection of Religion
  4. protection of progeny
  5. protection of wealth

please find more explanation from below lesson 1 lecture notes.

Lesson 1 lecture notes. Fiqh and shariah 

Week 2 – 01 May 2015  Evolution-of-Fiqh-week2.mp3


Week 3 – 08 May 2015
Week 4 – 15 May 2015

 General content of the Quran. The Makkah period(609-622 C.E) Revelation of the Quran was about Towheed, Allah’s existence, the next life, historical example of the old people such as Ad and Thamood, formal prayers and challenges
Week 5 – 22 May 2015

Quranic Field of Study may be grouped under three heading: Aqeedah (theology), ilm al Alklaq (ethics), and the field of Law.

Legal content of the Quran: dealing between Allah and man, dealing among man, laws defending the propagation of Islam, family laws, trade laws, criminal laws were covered in week 5.

Week 6 – 29 May 2015 My apology for any inconvenience this may cause. recording is not available due to the recorder failure

In the enactment of laws, the Qur‟anic revelations have taken into consideration the following four basic principles:

1.The Removal of Difficulty.  2. The Reduction of Religious Obligations.  3. Realization of Public Welfare. 4.The Realization of Universal Justice

The Removal of Difficulty.

The system of Islaam has been revealed for man‟s benefit. Islamic laws are not meant to be a burden, but they are designed to facilitate mankind‟s individual and societal needs. Evidence to support the fact that Islamic law aims to remove difficulty can be found throughout the Qur‟aan. “ Allaah does not burden a soul with more than it can bear.” “Allaah wishes for you ease and He does not wish difficulty for you.” Because of this principle, Allaah has enacted along with the divine laws a variety of legal concessions, like the permission to break fast, and shorten and join prayers during travel. More over, the consumption of prohibited substances (e.g., pork and alcohol) in cases of dire necessity was also permitted. The Prophet was himself described as always choosing the easier path whenever a choice was given to him, as long as it was not sinful.13 He was also reported to have said to some of his followers on the occasion of their dispatchment/ departure as governors of Yemen, “Make things easy (for the people) and do not make them difficult.

-Naskh (Abrogation) was partially covered and will be discussed more on Friday night next week   Insha Allah.


We do not abrogate a verse or cause it to be forgotten except that We bring forth [one] better than it or similar to it. Do you not know that Allah is over all things competent?.  Surat Al-Baqarah (106)

Week 7 – 05 Jun 2015 Evolution of Fiqh week 7

This week Shiek Furqan have discussed more detail about Naskh (Abrogation). The existence of abrogation within Islamic legislation is among the manifestations of human welfare considerations in Islamic legislation. God may prescribe a law suitable to people at the time of its enactment, or it may serve a particular limited purpose. However, its suitability may later disappear or its unique purpose may have been achieved. Some of the examples that Allah have better changes in his Verses include: Bequest(Waseeyah), Naskh (Abrogation) of verses about intoxicants  were made when the laws were suitable to people and  had more strong faith and ability to avoid intoxicants.   The first verse saying ‘do not approach prayer while you are intoxicated until you know what you are saying’, was changed by Allah on the second verse saying ‘avoid it that you may be successful’.


O you who have believed, do not approach prayer while you are intoxicated until you know what you are saying or in a state of janabah, except those passing through [a place of prayer], until you have washed [your whole body]. And if you are ill or on a journey or one of you comes from the place of relieving himself or you have contacted women and find no water, then seek clean earth and wipe over your faces and your hands [with it]. Indeed, Allah is ever Pardoning and Forgiving.


O you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than Allah ], and divining arrows are but defilement from the work of Satan, so avoid it that you may be successful.


Satan only wants to cause between you animosity and hatred through intoxicants and gambling and to avert you from the remembrance of Allah and from prayer. So will you not desist?

Week 8- 07 Aug 2015 Source of Islamic LawIslamic law was derived from the Quran and Sunnah ( sunnah refers to the statement and actions of prophet Muhammed(S.A.W.). In addition, the statement and actions of others done in his presence which did not met disapproval from the prophet. as Allah said in Surat An-Najm (The Star) – . سورة النجم prophet of Allah does not speak from his own.53:4


Nor does he speak from [his own] inclination

Week9 14 Aug  2015  Friday week9
 Week 10 – 28 Aug 2015 [ Week10 28 Aug 2015.Shaykh Furqan Jabbar discussed this lecture about Ijtihad.Ijtihaad  is taken by  Islamic ruler  when there is no specific ruling to solve that problem in the Quran and Sunnah; and Islamic Scholars (Mufts) can not reach unanimous agreement. Islamic ruler may solve some problems  Ijtihaad but the following steps were generally taken in order to solve problems:(1) He would first search for a specific ruling on the problem in the Qur‟aan.(2) If he did not find the answer there, he would then search for a ruling on it in the Sunnah.(3) If he still did not find the answer, he would call a meeting of the major Sahaabah and try to get unanimous agreement.(4) If unanimity could not be arrived at, he would then take the position of the majority.(5) If however, differences were so great that on over-whelming majority opinion could be determined, the caliph would make his own Ijtihaad, which would then become law. It should also be noted that the caliph had the right to over-rule the consensus.
Week 11 – 4 Sep 2015  Shaykh Furqan Jabbar had discussed this lecture about Ijtihad. Mujtahid should have understanding the ruling of the Quraan.
Week 12 – 18 sep 2015  please load week 12 MP3
Week 13 – 02 Oct 2015

Date:  Week 13 – 2 Oct 2015.

Sheik Furqan Jabbar discussed Fiqh principles of Ijmaa, Qayaas and Ijtihaad.

In any Islamic ruling we should look solution from the Quran  and Sunnah as Allah commanded in his Quran ‘

Summary of the chapter

1. The basis of the deductive Fiqh principles, Ijmaa’ and Qiyaas(Ijtihaad)(, was laid during the time of thje Righteous Caliphs.

2. Legal rulings became increasingly necessary, and the Righteous Caliphs gradually developed certain procedures for arriving at Ijtihaad with minimum of disagreement.

3. The Sahaabah in general also followed decision-making procedures which helped them to avoid hard and fast rulings.

4. The combined approval of the Righteous Caliphs and the Sahaabah in the matter of legal rulings tended to promote unityand to provide little of no occasion for factionalism within the Islamic nation.

Week 14 – 9 Oct 2015 Date:  Week 14 – 9 Oct 2015.Sheik Furqan Jabbar discussed on this lecture an important and interesting part of Islamic historyTHE THIRD STAGE: BUILDINGFirst of all, this stage covers the rise and fall of the Umayyad dynasty. The Umayyads were in power for approximately one century, extending from the death of the last of the Righteous Caliphs (‘Alee ibn Abee Taalib) in 661 CE and the ascendancy of the founder of the Umayyad dynasty, Caliph Mu’aawiyah ibn Abee Sufyaan, until the last of the Umayyad caliphs around the middle of the eighth century CE.The main difference of Umayyad dynasty who ruled Islamic world for about one century to Righteous Caliphs was

  •    Deviation of the Umayyad Caliphs

The Umayyad Caliphs introduced a number of practices which were common in the non-Islamic states of that time, such as Byzantium, Persia, and India. Many of these practices were in clear contradiction to the Fiqh of the earlier period. For example, the central treasury, the Bayt al-Maal, was turned into the personal property of the Caliphs and their families, and taxes not sanctioned by Islaam were introduced to further increase their fortunes. Music, magicians and astrologers were officially introduced as forms of amusement in the court of the Caliph.

The consequence was

  • Dispersion of the ‘Ulamaa

Many of the scholars of that fled the political centers of the Umayyad state to avoid conflict and confusion as well as persecution from the various competing factions. This move resulted in a break-down the principle of Ijmaa’ (unanimous agreement on points of Islamic law). With the scholars scattered throughout the state, such unanimity on any new point of law became virtually impossible to establish.

Week 15 30 Oct 2015 Date:  Week 15 – 30 Oct 2015. Sheik Furqan Jabbar talk about the Qiyass.Qiyaas:   Ijtihaad based on evidence found either in the Qur’aan, the Sunnah or Ijmaa’ was next in order of importance. The method of reasoning used was a form of analogical deduction called Qiyaas. An example of Qiyaas is the prohibition of marijuana based on the Prophet’s statement: “Every intoxicant is Khamr and every form of Khamr is Haraam.”124 Since Marijuana has as intoxicating effect it can be classified as Khamr and thus Haraam (prohibited 

  • Qayaas can be used only ruling that are related to FIQH. It can not be used ruling that are related to Aqidah. The Qur’an  and the Sunnah are the foundation of our Aqidah.


Sheik Furqan Jabbar also talks about the Madh-habs: school of Islamic legal thought. Islamic scholars such as Imaam Maalik and Imaam Shaafi’ ee and how they learn from one another.

Week 16 – 6 Nov 2015 Date:  Week 16 – 6 Nov 2015.Sheik Furqan Jabbar talk about the source of law used by the Immams.Sources of Law Used by the Shaafi’ee Madh-hab1. The Qur’aanAsh-Shaafi’ee did not differ from the previously mentione Imaams, in their uncompromising stand in relation to the primacy of the Qur’aan among the sources of Islamic law. 2. The SunnahImaam ash-Shaafi’ee laid down only one condition for the acceptance of Hadeeths, namely that they be authentic (Saheeh). He rejected all the other conditions set by Imaams Abu Haneefah and Maalik. He was also noted for his great contributions to the science of Hadeeth criticism.3. Ijmaa’Ijmaa  should be regarded as the third most important source of Islamic law.4. Individual Opinions of the SahaabahCredence was given by Imaam ash-Shaafi’ee to the individual opinions of the Sahaabah on condition that they were not at variace with each other. If there were conflicting opinions among the Sahaabah on a legal point, he like Abu Haneefah, would choose whichever opinion was the closest to the source and leave the rest.5. QiyaasQiyaas was, in the Imaam’s opinion, a valid method for deducing further laws from the previous sources. However, he placed it last in order of importance, considering his personal opinions inferior to proofs based on the opinions of the companions.6. Istis-haab (Linking)Both the principle Istihsaan used by Abu Haneefah and Istislaah used by Maalik were rejected by ash-Shaafi’ee and considered a form of Bid’ah (innovation), since, in his opinion, they were based nostly on human reasoning in areas where revealed laws already existed. However, in dealing with similar issues ash- Shaafi’ee was obliged to use a principle similar to Istihsaan.
Week 17 13 Nov 2015

Week 17 13 Nov 2015.  In this lecture, brother Furqan Jabbar discussed about the history of the  Madhahib and history of Abu Haneefah

Week 18 – 20 Nov 2015 Date Friday 20th of November 2015.   In this lecture, brother Furqan Jabbar discussed about the history of one of the greatest Imaam Abu Haneefah and his students: Zufar ibn al-Hudhayl, Abu Yoosuf and Muhammad ibn al-Hasan. The lecture also talks about the factors that contributed the widespread of Hanafee Madhab.THE HANAFEE MADH-HABThe founder: Imaam Abu Haneefah (703-767CE)This Madh-hab is named after its founding scholar, Abu Haneefah, whose actual name was Nu’maan ibn Thaabit. He was born in the year 702 CE. Kufah, (Iraq). His father was a silk merchant of Persian origin, who accepted Islaam during the reign of the Khulafaa Raashidoon (Righteous Caliphs). Abu Haneefah began his earlier studies in the field of philosophy and dialectics known as ‘Ilm al-Kalaam, but after mastering its various disciplines, he left it andwent into an indepth study of Fiqh and Hadeeth. He chose as his main teacherk, Hammaad ibn Zayd, who was among the greatest scholars of Hadeeth of his time. Abu Haneefah studied under him for eighteen years. During this time he became qualified to teach, but instead remained Hammad’s student until the latter died in the year 742 CE. After Hammaad’s death Abu Haneefah took up the position of teacher at the age of forty and became the most outstanding scholar in Kufah.Main students of the Hanafee Madh-habThe most famous of Abu Haneefah’s students were Zufar ibn al-Hudhayl, Abu Yoosuf and Muhammad ibn al-Hasan.Zufar ibn al-Hudhayl (732-774 CE)Zufar was one of those who followed Abu Haneefah’s example and refused to accept appointment as Qaadee even though many attractive offers were made to him. He preferred to teach,which he did until he died at the early age of 42 in Basrah.Abu Yoosuf Ya’qoob ibn Ibraaheem (735-795 CE)Abu Yoosuf was born into a poor family in Kufah. He studied Hadeeth extensively until he became a noteworthy Hadeeth scholar then studied Fiqh in Kufah for nine years under Imaam Ibn Abee Lailaa (died 765 CE) whose father was a famous Sahaabee from Madeenah. Abu Yoosuf later studied under Abu Haneefah for nine years, and when Abu Haneefah died, he went to Madeenah and studied for a short period under Imaam Maalik.Muhammad ibn al-Hasan, ash-Shaybaanee (749-805 CE)Imaam Muhammad was born in WSasit, but grew up in Kufah. Like Abu Yoosuf, his early studies were also in Hadeeth. He studied briefly under Abu Yoosuf and later travelled to Madeenah where he studied under Imaam Maalik for three years. During this period he became one of the main narrators of Maalik’s Hadeeth book al-Muwatta’ Imaam Shaafi’ee was among the many scholars who later studied uner Muhammad ibn al-Hasan in Baghdad.Muhammad ibn al-Hasan also accepted appointment as Qadee during the reign of Caliph Haroon ar-Rasheed, but soon gave it up because of the many compromises which it demanded, and returned to his teaching post in Baghdad.
Week 19 30th – Nov 2015 Date: week 19.  Friday, 27th November, 2015.  In this week, brother Fuqan Jubbar, discussed about  Imam al-Awzaa’ee.al-Awzaa’eeAbdur-Rahman ibn al-Awzaa’ee who was born in Ba’labek in the year 708  CE. He became known as one of the major scholars of Hadeeth of  the eighth century CE and was opposed to the excessive use of Qiyaas and other forms of reasoning in cases where clear texts from the Qur’aan and or Sunnah were available. Imaam Awzaa’ee spent most of his life in Beirut, eventually dying there in the year 774 CE, but his Madh-hab became widespread in Syria, Jordan, Palestine and Lebanon as well as in Spain.
Week 20 – 4 Dec 2015 Date: week 20. Friday, 4th December, 2015.  In this week, brother Fuqan Jubbar, discussed about our great Imam ‘ Imam Malik Ibn Anas’s live and his knowledge  in Hadeeth.  Madh-hab, Maalik The founding scholar of this Madh-hab, Maalik ibn Anas ibn  ‘Aamir, was born in Madeenah in the year 717 CE. His grandfather,  ‘Aamir, was among the major Sahaabah of Madeenah. Maalik  studied Hadeeth under az-Zuhree who was the greatest Hadeeth  scholar of his time as well as under the great Hadeeth narrator.  Maalik’s only journeys outside of Madeenah were for Hajj, and thus he largely limited himself to the knowledge available in Madeenah.  Imaam Maalik continued to teach Hadeeth in Madeenah over  a period of forty years and he managed to compile a book containing  Hadeeths of the Prophet (s.w.) and Athars of the Sahaabah and their  successors which he named al-Muwatta’ (the Beaten Path). He began  his compilation of Hadeeths at the request of the ‘Abbaasid caliph,  Abu Ja’far al-Mansoor, (754-775 CE) who wanted a comprehensive  code of law based on the Prophet’s (s.w.) Sunnah which could be  applied uniformly throughout his realm. But, on its completion,  Maalik refused to have it forced on the people pointing out that the  Sahaabah had scattered throughout the Islamic empire and had taken  with them other parts of the Sunnah which also had to be considered  in any laws imposed throughout the state. Caliph Haaroon ar- Rasheed (768-809 CE) also made the same request of the Imaam, but  he was also turned down. Imaam Maalik died in the city of his birth in the year 801 CE at the venerable age of 83. The talk about the history and the contribution of the great Imam ‘Imam Maalik’ will continue in the next two lectures Insha Allah.  
Week 21 – 11 DEC 2015 Date: week 21. Friday 11 Dec 2015.  In this week, brother Furqan Jabbar, continue discussing about the Imam Malik and how he dedicated his self entirely to seeking knowledge, learning, memorizing and teaching Hadith. Imam Malik specialized in:  How refuse deviant sects, resolve disagreement and the Fatawa of   the Sahaba. Formation of the Maalikee Madh-habImaam Maalik’s method of teaching was based on the  narration of Hadeeths and the discussion of their meanings in the context of problems of that day. He would either narrate to his  students Hadeeths and Athars (statements of the Sahaabah) on  various topics of Islamic law then discuss their implications, or he  would inquire about problems which had arisen in the areas from  whence his students came, then narrate appropriate Hadeeths or Athars which could be used to solve them. Imaam Maalik deduced Islamic law from the following sources which are listed in the order of their importance.1. The Qur’aanLike all the other Iaams, Maalik considered the Qur’aan to be the primary source of Islamic law and utlized it without laying any pre-conditions for its applications.2. The SunnahThe Sunnah was used by Imaam Maalik as the second most important source of Islamic law. Followed by   ‘3. Amal (practices) of the Madeenites, 4.  Ijmaa’ of the Sahaabah. 5. Individual Opinion of the Sahaabah. 6. Qayaas, 7. Customs of the Madeenites, 8.  Istislaah (Welfare),  9. ‘Urf (Custom)
Week 22 – 18 Dec 2015 Date: week 22. Friday 18 Dec 2015.In this week, brother Furqan Jabbar, continue discussing about the Imam Malik
Week 23 – 01 Jan 2016  Date: week 23. Friday 01 January 2016The founder: Imaam Ash-Shaafi’ee (769-820 CE) The full name of the scholar after whom this school of legal  thought has been named was Muhammad ibn Idrees ash-Shaafi’ee.

He was born in the town Ghazzah on the Mediterranean coast of  what was then known as Shaam in the year 796 CE, but travelled to Madeenah in his youth to study Fiqh and Hadeeth under Imaam

Maalik. He succeeded in memorizing the whole of Maalik’s book,  al-Muwatta’, and recited it to him from memory, word perfect. Ash-Shaafi’ee remained under Maalik until the latter died in  801 CE. Then he went to Yemen and taught there. He remained there  until he was accused of Shi’ite leanings in the year 805 CE and  brought as a prisoner before the ‘Abbaasid Caliph, Haroon ar- Rasheed (rule 786-809 CE) in Iraq. Fortunately, he was able to prove  the correctnes of his beliefs and was subsequently released. Ash-

Shaafi’ee remained in Iraq and studied for a while under Imaam  Muhammad ibn al-Hasan, the famous student of Abu Haneefah.  Later he traveled to Egypt in order to study under Imaam Muhammad ibn al-Hasan, the famous student of Abu Haneefah.

Later he travelled to Egypt in order to study under Imaam al-Layth,  but by the time he reached there the Imaam had passed away.

However, he was able to study the Madh-hab of al-Layth from al- Layth’s students. Ash-Shaafi’ee remained in Egypt until his death in


Acceptance of Hadeeths

Imaam ash-Shaafi’ee laid down only one condition for the  acceptance of Hadeeths, namely that they be authentic (Saheeh).

He rejected all the other conditions set by Imaams Abu Haneefah and Maalik. He was also noted for his great contributions to the science of Hadeeth criticism



Week 24 – 08 jan 2016  Date: week 24. Friday 08 January 2016. Br Furqan Jabbar contenue talking about our great Imam the Imaam Ash-Shaafi’ee, may Allah give him Jinah Alfirdos

Due  to the wide spread  of  the  Shaafiee Hadh-hab, a large number of followers of the Shaafi’ee Madh-hab are
now to be found in Egypt, Southern Arabia, (Yemen, Hadramout), Sri Lanka, Indonesia, Malaysia, and East Africa (Somalia, Kenya, Tanzania)and Surinam in South America.


Week 25 – 15 Jan 2016  Date: week 25. Friday 15 January 2016. Br Furqan Jabbar contenue talking about our great Imam Ahmed Ibn Hambale

The Founder: Imaam Ahmad (778-855 CE)


The scholar to whom this Madh-hab is attributed is Ahmad  ibn Hambal ash-Shaybaanee, who was born in Baghdad in the year  778 CE. He became one of the greatest memorizers and narrators of  Hadeeth of his time. Concentrating on the study of Hadeeth, Ahmad  studied Fiqh and Hadeeth science under Imaam Abu Yoosuf, the  famous student of Abu Haneefah, as well as under Imaam ash-

Shaafi’ee himself. Imaam Ahmad went through a series of  persecutions under the caliphs of his time due to their adoption of  Mu’tazilite philosophy. He was jailed and beaten for two years by

order of Caliph al-Ma’moon (rule 813-842 CE), because of his  rejection of the philosophical concept that the Qur’aan was created. Later set free, he continued teaching in Baghdad until al-Waathiq

became caliph (rule 842-846 CE) and renewed the persecution.  Thereupon, Imaam Ahmad stopped teaching and went into hiding for five years until Caliph al-Mutawakkil (847-862 CE) took over. Caliph al-Mutawakkil ended the inquisition permanently by expelling the Mu’tazilite scholars and officially rejecting their philosophy. Ahmad continued to teach in Baghdad until he died in the year 855 CE.


Brother Furqan also discussed deeply how Imaam Ahmed was patient on persecution of the Mutazilte who believed that Quran was created.


The majority of the followers of Hambali Madh-hab are found in Saudi Arabia. Please listen the recording to get  more details of  our great Imaam Ahmed Ibn Hambale


Week 26.  22 Jan 2016  Date: week 26. Friday 22 January 2016. Br Furqan Jabbar contenued talking about our great Imam Ahmed Ibn Hambale.
Week 27 – 05 Feb 2016  Date: week 27. Friday 7 February 2016. Br Furqan Jabbar contenued talking about our great Imam Sufyan athThawri ibn Said (Arabic: سفيان بن سعيد الثوري ) (716–778) was a Ṫābi’ al-Ṫābi’īn Islamic scholar, Hafiz and jurist, founder of the Thawri madhhab.
Week 28 – 25 Feb 2016 Date: week 28. Frida 25 February 2016. Br Furqan Jabbar contenued talking about


The Founder: Imaam Daawood (815-883 CE)

The founder of this school of thought, Daawood ibn ‘Alee,

was born in Kufah in the year 815 CE. His early Fiqh studies were

under Imaam ash-Shaafi’ee’s students, but he later inclined towards

the study of Hadeeth and joined the Hadeeth circle of Imaam Ahmad

ibn Hambal. He continued to study under Ahmad until he was

expelled from Ahmad’s classes because he voiced the opinion that

the Quraan was Muhdath (newly existent) and therefore created.

After his expulsion, he took and independent path of reasoning based

on the obvious and literal meanings (DHaahir) of the texts of the

Qur’aan and the Sunnah. Because of this approach, his Madh-hab

was called the DHaahiree Madh-hab and he became known as

Daawood adH-DHaahiree

Week 29 – 04 March 2016 Date: week 29. Friday 04 march 2016. Br Furqan Jabbar continued talking about Imam Abu  Ja’fa r Muhammad ibn Jarir Al-Tabari (رحمه الله) who was born in the year 224 A.H. in Tabaristan and he passed away in the year 310 A.H. in Baghdad. The books that the imam wrote include

  • the Tafsir (commentary) of the entire Holy Quran( named ‘Jaami’ ul Bayaan’)
  • the history of the world, from Adam (‘alaihiSalam) till this day
Week 30 – 11 March 2016 Date: week 30. Friday 11 march 2016. Br Furqan Jabbar discussed about the agreement and main difference of four Imams


The principal sources of Islamic law agreed upon by all the

major Madh-habs were: the Qur’aan, the Sunnah, Ijmaa’ of the

Sahaabah and Qiyaas.

  • . All of the major Madh-habs set conditions for the acceptance of

the Sunnah as a primary source of Islamic law:

(a) The Hanafee Madh-hab stipulated that the Hadeeth be

widely known (Mash-hoor).

(b) The Maalikee Madh-hab required that the Hadeeth not

contradict the Ijmaa’ of the Madeenites.

(c) The Shaafi’ee Madh-hab insisted that the Hadeeth be

authentic (Saheeh)

(d) The Hambalee Madh-hab only required that the Hadeeth be

attributed to the prophet (s.w.) and not fabricated. Thus,

Hadeeths of doubtful authenticity were considered a part of

the Sunnah.

  • 5. The contoversial sources of Islamic were:

(a) Istihsaan and Ijmaa’ of scholars, held by the Hanafee Madh-


(b) Istislaah, Ijmaa’ of the Madeenites and their customs, held

by the Maalikee Madh-hab.

(c) ‘Urf, held by both the Hanafee and Maalikee Madh-hab.

(d) Weak Hadeeth held by the Hambaleee Madh-hab.

(e) Aqwaal ‘Alee (rulings and statements of the fourth righteous

caliph, ‘Alee), held by the Zaydee Madh-hab.




From the previous discussion we have seen that although the Imaams of

the four major Madh-habs were all agreed on the primacy of the four fundamental

priciples of Islamic law (the Qur’aan, the Sunnah, Ijmaa’and

Qiyaas), certain differences have occurred and still exist among the

rulings of their Madh-habs. These differences arose for various

reasons, the chief ones being related to the following aspects:

interpretation of ward meanings and grammatical constructions;

Hadeeth narrations (availability, authenticity, conditions for

acceptance, and interpretation of textual conflict); admissibility of

certain principles (Ijmaa’, customs of the Madeenites, Istihsaan, and

opinions of the Sahaabah); and methods of Qiyaas. Mention will be

made of the positions of the four existing Madh-habs where relevant (B pillip)

Week 31 – 01 april 2016
Week 32 – 08April 2016
Week 33 –

April 15 2016

Week 34 – 22

April  2016

Friday 22 of April 2016.

  1. Al-Shawkani

In this week, Sheik Furqan Jabbar discussed about a great Islamic scholar Muhhammad Ibn Ali ibn Muhammad ibn Abdullah al-Shawkani. This great scholar was born in Yaman. Please listen to the Br Furqan who will be discussing more in to this topic

  1. The word kafir

kafir is strictly prohibited in the Quran, the Hadith, thus muslims should avoid using this word.

Abu Zarr reported that the Holy Prophet said: No man accuses another man of being a sinner, or of being a kafir, but it reflects back on him if the other is not as he called him.” (Bukhari, Book of Ethics; Book 78, ch. 44)

Week 35 – 13 May 2016
Week 36 – 20 May 2016
Week 37 – 27 May 2016 Week 37 Friday 27 of May 2016.

In this week, Sheik Furqan Jabbar discussed about the following summary about the position of the four Madh-habs


  1. The position of the generality of Muslims is that the four Madh-

habs are infallible, everyone must follow one of them and

followers must not change Madh-habs or pick rulings from other



  1. One who does not subscribe to the infallibility of the Madh-habs

or does not follow any of the four Madh-habs is commonly, but

mistakenly classified as a heretic and mislabelled either

“Wahhabi” or “Ahl-i-Hadeeth”.

  1. The Hadeeths used to defend Madh-hab sectarianism are either

misinterpreted or unauthentic.

  1. The Qur’aan explicity and implicity condemns conflict and

dispute among Muslims.

  1. Differences among the Sahaabah were due to varying

interpretational abilities and the extent to which they were

exposed to Hadeeths of the Prophet (s.w.). Their different rulings

were not rigidly clung to in the face of evedence to the contrary.

  1. Early scholars emphasized the fact that only those rulings of the

Sahaabah, which were proven to be correct in the long run were

to be followed as correct.

  1. Disagreements among the Sahaabah never led to disunity and

division amongst them, whereas, among later scholars of the

Madh-hab, differences evolved into disharmony among


Week 38 Last – 03 June 2016

Week 38 last Friday 3 of June 2016.

As discussed by Br Furqan, the author of this book Dr Bilal Phillip concludes that

single Madh-hab completely free from sectarianism and firmly based
on sound scholarship, could provide not only trustworthy and
continuing leadership for the Muslim world in general, but also
concrete guidence to various reformist movements aimed at re-
establishim divine law as the only valid basis for geverning Muslim
countries. With success in the area of the Madh-hab reunification and
the establishment of divine law, we could then look towards the
reunification to the Ummah, the Muslim nation, and the re-
establishment of the Khilaafah, the true caliphate. This would
provide the necessary foundation for the execution of Allaah’s law
throughout the earth, if Allaah so wills it.

Evolution of Fiqh by Bilal Philips Online Book and notes.

1. Evolution_of_fiqh online Book

2. Evolution_of_Fiqh_Abbreviation_and_Notes

Synopsis: Shaykh Furqan Jabbar will be following the book titled Evolution of Fiqh by Bilal Philips.  The course will attempt cover topics such as:

  • What is Fiqh?
  • What is the Shariah?
  • The biographies of the four Imams
  • What are some of the differences between the four schools of thought?
  • Should I follow a Madhab?
  • The principles of Islamic law
  • The etiquette of disagreement in Islam.

All attendees to the course will be given a copy of the book.

Teacher: Sh. Furqan Jabbar
Dates: Every Friday night starting 17 April 2015
Time: After Maghrib
Location: Canberra Mosque, 130 Empire Circuit, Yarralumla