Evolution of Fiqh

1. knowledge
2. Rulings
3. Understanding

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 

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.

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.

THE THIRD STAGE: BUILDING

First 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.

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.

Sources of Law Used by the Shaafi’ee Madh-hab1.

The Qur’aan

Ash-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.

The Sunnah

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.

Ijmaa’

Ijmaa  should be regarded as the third most important source of Islamic law.

Individual Opinions of the Sahaabah

Credence 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.

Qiyaas

Qiyaas 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.

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.

THE HANAFEE MADH-HAB

The 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-hab

The 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.

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.

Formation of the Maalikee Madh-hab

Imaam 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)

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

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

THE DHAAHIREE MADH-HAB

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

• the Tafsir (commentary) of the entire Holy Quran( named ‘Jaami’ ul Bayaan’)
• the history of the world, from Adam (‘alaihiSalam) till this day

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:

1. The Hanafee Madh-hab stipulated that the Hadeeth be widely known (Mash-hoor).
2. The Maalikee Madh-hab required that the Hadeeth not contradict the Ijmaa’ of the Madeenites.
3. The Shaafi’ee Madh-hab insisted that the Hadeeth be authentic (Saheeh)
4. 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.

The contoversial sources of Islamic were:

1. Istihsaan and Ijmaa’ of scholars, held by the Hanafee Madh-hab.
2. Istislaah, Ijmaa’ of the Madeenites and their customs, held by the Maalikee Madh-hab.
3. ‘Urf, held by both the Hanafee and Maalikee Madh-hab.
4. Weak Hadeeth held by the Hambaleee Madh-hab.
5. Aqwaal ‘Alee (rulings and statements of the fourth righteous caliph, ‘Alee), held by the Zaydee Madh-hab.

MAIN REASONS FOR CONFLICTING RULINGS

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)

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

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)

Summary

• 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 Madh-habs.
• One who does not subscribe to the infallibility of the Madh-habsor 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”.
• The Hadeeths used to defend Madh-hab sectarianism are either misinterpreted or unauthentic.
• The Qur’aan explicity and implicity condemns conflict and dispute among Muslims.
• 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.
• 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.
• 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 Muslims.