Qiyas - Promoslim

Report
Methodology of Understanding &
Inference
Seeking the Truth
Contents
• Introduction to Manhaj al-Fahm wal-Istidlal
(Methodology of Understanding & Inference)
• The knowledge map
• Two main types of knowledge branches
– Contents
– Way to contents
• The sources
• The understanding
• The implementation
1.0 Introduction to Manhaj al-Fahm wal-Istidlal
(Methodology of Understanding & Inference)
1.1
1.2
1.3
1.4
1.5
Contextualising this Course
A Uniform System of Understanding & Inference
Process for the correct practice of Islam
Process Relationship
Four Principles & Processes Listing
Introduction
1.1 Contextualising this Course
(p. 9)
• Where do we locate the position of this
subject matter in terms of the various
branches of knowledge?
• The Knowledge Map answers this question…
Theknowledge
Knowledge Map
The
map
The Knowledge map show us the structure of Islamic Knowledge.
It will also help us answer the following questions:
1.
2.
3.
4.
What do I need to study in Islam?
How do I prioritise?
What are the branches of Islamic knowledge?
How are various branches of Islamic Knowledge interconnected?
Is there a need for the Knowledge Map?
Knowledge Map
Theknowledge
Knowledge Map
The
map
Which is more important:
Way to knowledge or Rulings?
TheWay
Knowledge
Map
The
to rulings
The way to Understanding & Inference
Introduction
1.2 A Uniform System of Understanding & Inference
(p. 11)
• How do we form conclusions, rulings, and
convictions on any matter?
• What are main steps to studying a matter in
an attempt to reach a conclusion on it?
• Can these steps be applied to studying any
matter with the aim of reaching a conclusion
on Islamic matters?
Introduction
1.3 Process for the correct practice of Islam (p. 12)
Correct
SOURCES
of information
1. Internal (Imān): Fitrah, Intellect
2. External: Qur’ān, Sunnah, Ijmā‘ & Qiyās
Correct tools & processes for
UNDERSTANDING
Refering to the entirity of the devine scriptue in all matters in accordance with the
understanding of the entirety of the early generation scholars and the rules of Arabic language
Correct
IMPLEMENTATION
Correct
PRACTISE
Introduction
1.3 Process Relationship
(p. 13)
Correct
SOURCES
of Information
Correct
UNDERSTANDING
Correct
IMPLEMENTATION
Introduction
1.4 Process Relationship
Step 3
Step 2:
Step 1
Sources
Implementation
Tools, principles and
processes for
understanding
(p. 14)
FIRST STEP
GET THE CORRECT SOURCES OF ISLAM
FIRST STEP
GET THE CORRECT SOURCES OF ISLAM
WHAT ARE THE SOURCES OF ISLAM
Sources of al-Islam
1.
2.
3.
4.
Quran
Sunnah
Qiyas
Ijma
THE QURAN
The Quran
What you will study:
• Definition of the Quran.
• Unique characteristics of the Quran.
• Exceptional methods of the Quran.
• Merits of studying the Quran.
• Our duty towards the Quran.
DEFINITION OF QURAN
• It is the Speech of Allah sent down upon his Messenger (sallallahu alaihi wa sallam)
•So here we are not talking about the Torah, Injeel or the Zabur
• Its wording and meaning are both from Allah
•As opposed to the Sunnah
 All of the sources of istidlal return back to the Quran
 We know the Sunnah is Wahy because of the Quran
 Ijma and Qiyas cannot occur without some kind of evidence from the Quran and
the Sunnah
 Order of preference given to sources
 The Quran must come first since it is the words of Allah and all the other evidences
return to it. However, both Quran and Sunnah are of the same level of legislative
authority.
DEFINITION OF QURAN
•The Quran is in Arabic:
َ‫َ ُ َ َ َ ُ ُ ُ َ ً َ َ ًّ َ َ َ ُ ن‬
ٌ ‫ِكتابٌ ف ِصلتٌ آيات ٌه قرآنا عرِبيا ِلقومٌ يعل ٌمو‬
A book whereof the verses are explained in detail; A Quran in Arabic for people who know.
(Fussilat 41:3)
Are there non Arabic words in the Quran?
No, the whole Quran is Arabic.
۬
And truly, this (Quran) is a revelation from the Lord of the Alamin (all that exists) which the trustworthy Ruh
(Jibril) has brought down; upon your heart (O Muhammad SAW) that you may be (one) of the warners in the
plain Arabic language. (Ash-Shu’ara 26:192-195)
However, some have argued that there are clearly some words in the Quran that are not Arabic. This view
has been answered in two ways:
1.
2.
These words are actually Arabic words but some are ignorant about this. The word is used in
both languages.
They have become arabized in their usage.
The words Ibrahim, Yusuf and Istabraq are some examples of words that are not originally Arabic.
UNIQUE CHARACTERISTICS OF THE QURAN
1. It has reached us through Mutawatir chains
• This means that the shadh qira'at are not considered Qur'an. For example the
recitation of Ibn Masud (Fa Siyaamu Thalathati ayyaamin – mutataabi'aat --). This
would be given the level of a Hadith and be considered a tafsir.
2. It is protected from any additions or changes.
َ‫َ َ َّ َ ُ َ َ ُ ن‬
َ ُ َ َّ
َ
َّ
ٌ ‫الذك ٌر وِإنا ل ٌه لحا ِفظو‬
ٌ ‫ِإنا نح‬
ِ ‫ن نزلنا‬
Verily We: It is We Who have sent down the Dhikr (i.e. the Quran) and surely, We will guard
it (from corruption). (Al-Hijr 15:9)
ََ َ َ َ
َ
َ
َ
َ
َ
َ
َ
ُ
ٌ ‫خل ِِ ِ ٌه تن ِزيلٌ ِمنٌ ح ِكيمٌ ح ِم‬
‫يد‬
ٌ ٌ‫اط ٌل ِمنٌ بي ِ ٌن يدي ِ ٌه و ٌل ِمن‬
ٌ ِ ‫ٌل يأ ِت‬
ِ ‫يه الب‬
Falsehood cannot come to it from before it or behind it (it is) sent down by the All-Wise,
Worthy of all praise (Allah). (Fussilat 41:42)
UNIQUE CHARACTERISTICS OF THE QURAN
3. It is a miracle
َ ُ
َ‫َ َ ُ َ َ َ ُ ن‬
ُ َ َ ََ
َ
َ
َ
َ
ُ
‫س وال ِجنٌ على أنٌ ٌيأتوا ِب ِمث ِ ٌل هذا القرآ ِ ٌن ٌل يأتو ٌ ِب ِمث ِل ِ ٌه‬
ٌ ‫اْلن‬
ٌ ِ ‫قلٌ ل ِئ ِ ٌن اجتمع‬
‫ت‬
ِ
ٌَ ‫َو َلوٌ َك‬
ُ ‫ان َبع‬
ً‫ض ُهمٌ ِل َبعضٌ َظهيرا‬
ِ
Say: "If the mankind and the jinns were together to produce the like of this Quran, they
could not produce the like thereof, even if they helped one another." (Al-Isra 17:88)
َ َ َّ َ ُ َّ
َّ ُ ُ ُ ُ
َ َ َ ََ ً َ َُ ً َ
َ‫ين‬
َ
َ
َ
ٌ ‫ود ال ِذ‬
ٌ ‫يث ِكتابا متش ِاب ٌها مثا ِن ٌي تقش ِعرٌ ِمن ٌه جل‬
ٌ ِ ‫ن الح ِد‬
ٌ ‫الل ٌه نز ٌل أحس‬
َ ُ ُ ُ ُ َ ُ ُ ُ ُ ُ َ َّ ُ ُ َّ َ َ َ َ
َّ
َ َّ
َ
َ
ُ
َ
‫ك هدى الل ِ ٌه يه ِدي ِب ِ ٌه‬
ٌ ‫ين جلودهمٌ وقل ٌوبهمٌ ِإلى ِذك ٌِر الل ِ ٌه ذ ِل‬
ٌ ‫يخشو ٌن ربهمٌ ث ٌم ت ِل‬
َ َ َ ُ َّ
َ َ َ
ُ
َ
َ
ُ
َ
ُ
ٌ‫اء ومنٌ يض ِل ِ ٌل الل ٌه فما ل ٌه ِمنٌ هاد‬
ٌ ‫منٌ يش‬
Allah has sent down the best statement, a Book (this Quran), its parts resembling each other
in goodness and truth, oft-repeated. The skins of those who fear their Lord shiver from it
(when they recite it or hear it). Then their skin and their heart soften to the remembrance
of Allah. That is the guidance of Allah. He Guides therewith whom He pleases and
whomever Allah sends astray, for him there is no guide. (Az-Zumar 39:23)
MERITS OF STUDYING THE QURAN
1. Studying it is a great act of worship
2. Quran comprises of detailed information which cannot be found in other sources such as the
story of Zaynab.
Example 1 – Story of Zaynab
And (remember) when you said to him (Zaid bin Hârithah the
freed slave of the Prophet SAW) on whom Allah has bestowed
Grace (by guiding him to Islam) and you (O Muhammad SAW too)
have done favour (by manumitting him) "Keep your wife to
yourself, and fear Allah." But you did hide in yourself (i.e. what
Allah has already made known to you that He will give her to you
in marriage) that which Allah will make manifest, you did fear the
people (i.e., Muhammad SAW married the divorced wife of his
manumitted slave) whereas Allah had a better right that you
should fear Him. So when Zaid had accomplished his desire from
her (i.e. divorced her), We gave her to you in marriage, so that (in
future) there may be no difficulty to the believers in respect of
(the marriage of) the wives of their adopted sons when the latter
have no desire to keep them (i.e. they have divorced them). And
Allah’s Command must be fulfilled. There is no blame on the
Prophet (SAW) in that which Allah has made legal for him. That
has been Allah’s Way with those who have passed away of (the
Prophets of) old. And the Command of Allah is a decree
determined. (Al-Ahzab 33:37-38)
َ َ َ َ َ َ َ َ ُ َّ َ َ َ َّ ُ ُ َ َ
‫ت ٌعلي ِ ٌه‬
ٌ ‫الل ٌه علي ِ ٌه وأنعم‬
ٌ ‫وِإذٌ تقو ٌل ِلل ِذي أنع ٌم‬
َ
ُ َ َ َّ َّ َ َ َ ‫َ َ َ َ و‬
‫ق الل ٌه وتخ ِِي ِفي‬
ٌ ِ ‫ك وات‬
ٌ ‫كزج‬
ٌ ‫أم ِسكٌ علي‬
َّ َ َّ
َّ
َ َ
َ
‫اس َوالل ٌُه‬
ٌ ‫يه َوٌتخش ى الن‬
ٌ ِ ‫ك َما الل ٌُه ُمب ِد‬
ٌ ََ ‫َنِ ِس‬
َ َ
ً‫اه َف َل َّما َق َض ٌى َزيدٌ ِمن َها َو َطرا‬
ٌُ ‫أ َحقٌ أن تخش‬
ُ َ َ ُ َ َ َ
‫ين َح َرجٌ ِفي‬
ٌ َ ‫َز َّوج َناك َها ِلكيٌ ٌل َيكو ٌن ٌَعلى اْلؤ ِم ِن‬
َ َ َ
َ َ ً َ َ َّ ُ
َ َ
َ‫ان‬
َ
َ
ٌ ‫ن وطرا وك‬
ٌ ‫اج أد ِعي ِائ ِهمٌ ِإذا قضوا ِمنه‬
ٌ ِ ‫َأزو‬
َ َ َ َ َّ ً ُ َ َّ ُ
َّ
َ
َ
ٌ‫ان ٌعلى الن ِب ٌِي ِمنٌ ح ٌرج‬
ٌ ‫ول ما ك‬
ٌ ‫أم ٌر الل ِ ٌه مِع‬
َ
َ َ َ َّ
َ
َّ
َّ َ َ َ َ
‫ين خ ٌلوا‬
ٌ ‫ض الل ٌُه ل ٌُه ُس َّن ٌة الل ِ ٌه ِفي ال ِذ‬
ٌ ‫ِفيما فر‬
َ
َ
َ َّ
َ
‫ان أم ٌُر الل ِ ٌه ق َ ٌد ًرا َّمق ُدو ًرا‬
ٌ َ ‫ِمن قب ٌُل َوك‬
Example 1 – Story of Zaynab
MERITS OF STUDYING THE QURAN
• This is a very precise description of the events and personalities presented as if the
reader is living through the incident.
• It focuses on the special qualities of the Prophet’s life such as his human nature, his
universal message and that he is the seal of the Prophets.
3. Events are linked with the life of the Prophet, with Iman, Aqida and Qadar. Read for
example Sura Abasa.
4. It explains the wisdom and the consequences of events and the wisdom of Allah’s decree.
5. Studying the life of the Prophet from the Quran transforms events from a particular time
and place into a great and complete lesson which is not limited by the specific circumstances.
6. One who studies the life of the Prophet from the Quran and authentic Sunnah will not
treat it simply as past events. Instead it is something with which his faith grows and it
increases his awareness of the divine laws.
MERITS OF STUDYING THE QURAN
 Read for example Sura Aali Imran and how it discusses the battle of Uhud
َ َ
َ‫َّ َ ُ ً َ َ َ ُ َّ َ َ َ َ ُ َ َ َ َ ُ َ َ ُ ُ َ َ ن‬
َ
َ
ٌ ‫ين و ٌل ت ِهنوا و ٌل تحزنوا ٌوأنت ٌم األعلو‬
ٌ ‫اس وهدى ومو ِعظةٌ ِللم ٌت ِق‬
ٌ ِ ‫هـذا بيانٌ ِللن‬
ُ
َ َ َ َّ َ َ َ َ ُ َ َ َ
ُ
ُ
َ
ُ
َ
ُ‫ام‬
َّ
ٌ ‫ك األي‬
ٌ ‫س القو ٌم قرحٌ ِمثل ٌه وٌِتل‬
ٌ ‫ين ِإن يمسسكمٌ قرحٌ فقدٌ م‬
ٌ ‫ِإن كنتم مؤ ِم ِن‬
َ ُ َ َ َ ُ ُ َ َّ َ َ ُ َ َ َّ ُ َ َ َ َ َّ َ َ َ ُ َ ُ
ُ
ٌ‫ين آمنواٌ ويت ِخ ٌذ ِمنكمٌ شهداء ٌوالل ٌه ٌل ي ِحب‬
ٌ ‫اس وِليعل ٌم الل ٌه ال ِذ‬
ٌ ِ ‫ند ِاولها بي ٌن الن‬
َّ
َ‫ين‬
ٌ ‫الظ ِ ِاْل‬
This (the Quran) is a plain statement for mankind, a guidance and instruction to those who are
Al-Muttaqûn. So do not become weak (against your enemy), nor be sad, and you will be
superior (in victory) if you are indeed (true) believers. If a wound (and killing) has touched
you, be sure a similar wound (and killing) has touched the others. And so are the days (good
and not so good), We give to men by turns, that Allah may test those who believe, and that
He may take martyrs from among you. And Allah likes not the Zâlimûn (polytheists and
wrongdoers). (Aali Imran 3:138-140)
WHAT IS OUR DUTY TOWARDS THE QURAN?
Our duty towards the Quran
Have Iman in It
Reciting it
Memorising it
Reflecting over its meanings
Acting on it
Judging by it
Revering and glorifying it
Conveying it
Seeking cure from it
THE SUNNAH
WHAT YOU WILL STUDY
THE SUNNAH
What you will study:
• Definition of the Sunnah
• Authority of the Sunnah
• Types of Sunnah
• Transmission of Hadith
DEFINITION OF THE SUNNAH
The Linguistic definition:
• Path or Way:
“Whoever introduces a good practice…
And whoever introduces an evil practice…”
• Refine/Beautify
• Declaration/Elucidation
DEFINITIONS GIVEN BY SCHOLARS OF DIFFERENT DISCIPLINES
1. Fuqaha:
The Fuqaha are concerned with ahkam (rulings). They classify ahkam into five categories:
Ahkam Takleefiyyah
Wajib
Mandub
Muharram
Makruh
Mubah
The definition of Mandub or Sunnah
‘What the Sharia has requested but without making it binding’
According to majority Sunnah in synonymous to Mandub, Mustahabb, Nafl, Tatawuw
DEFINITIONS GIVEN BY SCHOLARS OF DIFFERENT DISCIPLINES
2. Muhaddithun
Their definition is
“Everything that has been narrated or reported about the Prophet”
3. Usuliyoon
To determine what and what is not an authority in Islamic Law.
“Whatever comes from the Prophet other than the Qur’an in speech, actions
and tacit approvals.”
4. Specialists in Aqida
 Ahmed ibn Hanbal d.241: As-Sunnah
 Ahmed ibn M. Khallaal d.311: As-Sunnah
 Abu Bakr ibn al Athram d.273: As-Sunnah
 Marwazi d.292: : As-Sunnah
 al Barbahari d.329: Sharh as-Sunnah
DEFINITIONS GIVEN BY SCHOLARS OF DIFFERENT DISCIPLINES
Conclusion to Definitions
 Fuqaha’: irrelevant to our discussion.
 Muhaddithun: Too broad in its definition.
 Usuliyoon: Accurate
 Scholar of Aqida: Too restricted
The relationship between the Quran and Sunnah
1. The Sunnah reiterates or emphasises what is the Quran for example the obligation of Salah.
2. The Sunnah which explains or clarifies what is in the Quran for example the details of Salah,
Zakah etc.
3. The Sunnah which introduces a law not in the Quran. For example inheritance of the
grandmother, prohibition of marrying a woman with her maternal or paternal aunt at the
same time.
The position of the Sunnah with respect to the Quran
1. With respect to the source they are both at the same level because they are both revealed
by Allah.
2. With respect to the legal authority they are both the same.
3. Since the Quran establishes the authority of the Sunnah in this respect it is a primary
source.
4. With respect to clarification, the Sunnah explains and clarifies the Quran.
5. In terms of sacredness, the Quran is of a higher level.
In this context the scholars said that Sunnah takes precedence over the Quran. Imam Ahmad
disliked saying ‘the Sunnah takes precedence over the Quran’. He said ‘I cannot say the Sunnah
takes precedence over the Quran. The Sunnah explains and clarifies the Quran.’
The Quran and Sunnah are complementary they cannot be separated. Some of the Salaf said,
‘It is the Quran and Sunnah, the Quran is more in need of the Sunnah than the Sunnah is in
need of the Quran’.
PROOFS THAT ESTABLISH THE AUTHORITY OF THE SUNNAH
The authority of the Sunnah is established by:
Quran
Sunnah
Consensus
PROOFS THAT ESTABLISH THE AUTHORITY OF THE SUNNAH
1. The Quran
•
Ibn Taymiyyah: Over 40 verses that establish the authority of the Sunnah.
•
The command to follow the Messenger.
Say (O Muhammad), ‘Obey Allah and the Messenger’. But if they turn away, then Allah does
not like the disbelievers. (Aal ‘Imran 3:32)
• Warning against contradicting the command of the Messenger.
And let those who oppose the Messenger's commandment (i.e. his Sunnah legal ways, orders,
acts of worship, statements, etc.) beware, lest some Fitnah (disbelief, trials, afflictions,
earthquakes, killing, overpowered by a tyrant, etc.) befall them or a painful torment be inflicted
on them. (An-Nur 24:63)
PROOFS THAT ESTABLISH THE AUTHORITY OF THE SUNNAH
•
No option for the believers but to follow the Messenger.
It is not for a believer, man or woman, when Allah and His Messenger have decreed a matter
that they should have any option in their decision. And whoever disobeys Allah and His
Messenger, he has indeed strayed in a plain error. (Al-Ahzab 33:36)
•
Command to refer to the Messenger to resolve disputes and this being a requirement
of Iman.
And if you differ in anything amongst yourselves, refer it to Allah and His Messenger, if you
believe in Allah and in the Last Day. That is better and more suitable for final determination.
(An-Nisa 4:59)
PROOFS THAT ESTABLISH THE AUTHORITY OF THE SUNNAH
2) The Prophet’s own statements concerning the importance of the Sunnah
‫ل ألِين أحدكم متكئا على أريكته يأتيه األمر من‬: ‫عن أبي رافع مرفوعا إلى النبي صلى هللا عليه وسلم‬
‫ل أدريٌ ما وجدنا في كتاب هللا اتبعناه‬: ٌ‫أمريٌ مما أمرت به أو نهيت عنه فيقول‬
“I had better not find anyone of you reclining on his bed and there comes to him one of my commandments or one of my
prohibitions and he says about it, ‘I do not know, what we find in the book of Allah do we follow” (Ahmad, Abu Dawud, AtTirmidhi)
‫ يرفعه إلى النبي صلى هللا عليه وسلم‬،‫عن اْلقدام بن معد يكرب‬:
(‫أل إني أوتيت الكتاب و مثله‬...)
“Verily, I have been given the book and that which is similar to it...” (Ahmad, Abu Dawud)
‫أل هل عس ى رجل يبلغه الحديث‬: ‫عن اْلقدام بن معد يكرب يرفعه إلى النبي صلى هللا عليه وسلم‬
‫بيننا و بينكم كتاب هللا فما وجدنا فيه حالل استحللناه و ما‬: ٌ‫عني و هو متكئ على أريكته فيقول‬
‫وجدنا فيه حراما حرمناه و إن ما حرم رسولٌ هللا كما حرم هللا‬
“Soon it will be that a man will recline on his couch and will be told a hadith of mine and will say, ‘between us and you is the
Book of Allah. What we find allowed therein, we allow. What we find prohibited therein, we prohibit.’ But truly, what the
Messenger of Allah has forbidden is similar to what Allah has forbidden.” (At-Tirmidhi)
PROOFS THAT ESTABLISH THE AUTHORITY OF THE SUNNAH
َ َ ُ َ َ َ َّ
َ
َّ َ َ َ َ ُ َّ َّ َ َّ َ َ ُ َ ُ
ُ
َ
َ
ٌ ِ ‫يل ين ِز ٌل على الن ِب ٌِي صلى الل ٌه علي ِ ٌه وسل ٌم ِبالسن ِ ٌة كما ٌين ِز ٌل علي ِ ٌه ِبالقر‬
‫آن‬
ٌ ‫ان ِجب ِر‬
ٌ ‫ك‬
Hasan ibn Atiyyah: “Jibreel would reveal the Sunnah to the Messenger of Allah like he would
reveal the Qur’an to him.”
‫تركت فيكم شيئين لن‬: ‫عن أبي هريرة يرفعه إلى النبي صلى هللا عليه وسلم‬
‫كتاب هللا و سنتي و لن يتِرقا حتى يردا علي الحوض‬: ‫تضلوا بعدهما‬
“I have left you two things you will never go astray after them; the Book of Allah and mu
Sunnah.” (Al-Hakim)
Significance of this Hadith: It was said in the farewell pilgrimage.
PROOFS THAT ESTABLISH THE AUTHORITY OF THE SUNNAH
3. Ijma’
1. There is Ijma’ amongst Muslims on the obligation to obey the messenger and the
necessity of his Sunnah.
2. Ibn Taymiyyah said ‘The Muslims are unanimously agreed that if the Sunnah is
established it is obligatory to follow it’.
Authority of the Prophets actions
The evidence is the general evidence for the authority of the Sunnah. There is further evidence
to show the obligation to follow the Prophet in his actions.
Indeed in the Messenger of Allah you have a good example to follow for him who hopes in (the
Meeting with) Allah and the Last Day and remembers Allah much. (Al-Ahzab 33:21)
•
Ibn Kathir said ‘This ayah is a major principle for following Allah’s Messenger in his
words actions and all situations’.
So believe in Allah and His Messenger, the Prophet who can neither read nor write (i.e.
Muhammad) who believes in Allah and His Words, and follow him so that you may be guided.
(Al-A'raf 7:158)
•
Ibn Taymiyyah said ‘Following means to do what he did in the way he did it. If he did
an action as an act of worship it is legislated for us to follow him. If he specified a time
or place for worship we specify it also’.
TYPES OF SUNNAH
1. Words
This refers to the words of the Messenger which he spoke on different occasions. The words of the
Prophet are a source of law when they were intended to clarify or to introduce new laws.
2. Actions
These are actions done by the Messenger. This can be divided as follows:
• Natural and habitual acts such as standing, eating, drinking etc. This kind of action is mubah.
However, if one was to follow the Prophet in this it is acceptable as Ibn Umar used to do.
• Actions that are proven by evidence to be specifically for the Prophet such as having more than
four wives. It is forbidden to follow him in this.
• Actions, which clarify the Quran such as concerning Salah Hajj etc. or intended for legislation. The
ruling depends on the matter being clarified if it is wajib then the ruling is wajib.
• Actions, which are not clear whether, they were done as worship or habit such as lying down after
the Sunnah of Fajr. Some scholars say this kind of action is to be taken as mandub. Others say it is
obligatory. A third group of scholars did not take a view.
TYPES OF SUNNAH
3. Tacit Approvals
This occurs when the Prophet remains silent on something said or done in his presence or
absence but which he is informed of. His silence shows its permissibility because he would not
remain silent about falsehood or evil. The reason for this is that it is not permissible for the
Prophet to delay clarifying a matter when it is needed. His remaining silent would mean
consent and approval of that action as he would not remain silent on something wrong. An
example is the Prophet approving the recitation of poetry.
TRANSMISSION OF HADITH
1.
Mutawatir
A Mutawatir hadith is one that is reported by a large number of narrators for whom it is normally
impossible to agree on lying. They narrate from a similar group of people until the Prophet. The
source of their report relies on either hearing or witnessing.
Types of Mutawatir
1. Mutawtir in words, the hadith is reported with the same meaning and words.
‘Whoever lies against me deliberately let him take his place in the fire’
2. Mutawatir in meaning where the meaning is the same but the words differ.
Hadith of intercession, the pool, the path, the scale, wiping over the leather socks.
2. Ahad
• Aahaad hadith is one that does not reach level of Mutawatir.
• There is consesnus amongst the scholars on the obligation to accept Aahaad aahaadith. AlBaghdadi said ‘The tabieen and the Fuqaha after them in all places until our time accept khabr
aaahaad. It has not reached us that any of them rejected that or objected to it. Therefore it is
established… for if there was anyone who did not accept it, his details and his view would have
been reported to us…’
The evidence for accepting aahaad hadith
َ
َ
َ
ُ
َ َ َ َ َ ً َّ َ
َّ َ َ َ َ َ
َ َ ُ ُ ٌ َ ‫َو َما َك‬
‫ين ٌَوِل ُين ِذ ُروا قو َم ُهمٌ ِإذا َر َج ُعوا‬
ٌ ِ ‫الد‬
ِ ‫ان اْلؤ ِمنو ٌن ِلين ِِ ُروا كاف ٌة فلو ٌل نِ ٌَر ِمنٌ ك ِ ٌل َ ِف ٌرق َةٌ َ ِ َّمن ُهمٌ َطا ِ َئ ُِةٌ َِليتِق ُهوا ِفي‬
‫ِإلي ِهمٌ لعل ُهمٌ يحذرو ٌن‬
And it is not (proper) for the believers to go out to fight (Jihâd) all together. Of every troop of them, a party only should go forth, that they
(who are left behind) may get instructions in (Islamic) religion, and that they may warn their people when they return to them, so
that they may beware (of evil). (At-Tawbah 9:122)
•
Linguistically At-ta’ifah can be used for one. If ahad report was not a proof there is no benefit in the warning of the one who learns
the deen.
•
It is narrated through mutawatir chains that Allah’s messenger sent individual messengers, judges and workers to teach
the laws, collect Zakah and for dawah. He sent Musab Ibn Umair to Al-Madinah and Ali and Muadh to Yemen
•
Ijma’ of the Sahabah in accepting Aahaad
•
The sahbah accepted the report of one person about the changing of the Qiblah.
Abu Bakr accepted the report of Al-Mughirah and Muhammad Ibn Maslamah that the Prophet gave the
grandmother a sixth of the inheritance.
Umar accepted the report of Abdur Rahman Ibn Awf that The Prophet said about Magus ‘treat them like the
people of the book’.
The sahabah accepted the hadith of Aisha ‘ghusl is necessary if the two circumcised parts come into contact’.
By consensus the common person is required to follow the mufti although he may give a speculative ruling.
We are ordered to judge by the witnesses of two people although it’s possible that their testimony could be a lie.
Aaahaad aahaadith are proof in beliefs and laws without any distinction. This is a mater of Ijma’ amongst the
salaf. The evidence to accept aaahaad in beliefs is the same evidence to accept them in laws. They are general and did not
differentiate between beliefs and laws.
The distinction of khabar aahaad in beliefs and practice is a deviation, which is known from the leaders of
deviation.
AL-IJMA’
WHAT YOU WILL STUDY
What you will study:
•
•
•
•
Definition of Ijma’
Authority of Ijma’
Types of Ijma’
Importance of Ijma’
DEFINITION OF THE IJMA’
Linguistic definition of ijma
•
Resolution, decision upon a matter – ‫العزم‬
•
Agreement, consensus - ‫االتفاق‬
Technical definition
• The agreement of the Scholars of a period, from the ummah (nation) of Muhammad
(SAW), upon a religious issue, after the death of the Prophet (SAW).
‫مة بعد النبي على حكم شرعيﻷاتِاق مجتهدي هذه ا‬
“The agreement of the Mujtahideen of this Ummah after the time of the Prophet
(sallallahu alaihi wa sallam) upon a Shar'ee ruling”.
DEFINITION OF THE IJMA’
Explanation of Definition
1. Agreement
•
i.e. they must all have the same view
• The view of the majority is not counted as ijma`, this is because the texts show that
it is the whole that cannot make an error, not the greater part.
•
Some scholars such as Tabari were of the view that an opposing view voiced by 1 or
2 is not enough to break an ijma`, this is something that Imam Ahmad also suggested.
This is not the view of the majority.
•
The agreement of one area or one nation is not a proof. Therefore the ijma` of the
people of madinah in itself is not a proof.
•
The agreement of the 4 Khalifahs is not an ijma` nor the 4 Imams.
•
If a generation, e.g. the Companions, fall into two opinions concerning a particular
issue, is this an ijma` that there is no third opinion? The majority said yes.
DEFINITION OF THE IJMA’
2. Scholars
•
This excludes the general masses, children, and insane people.
• What is meant by scholars here is one who is an expert at the subject matter at
hand and has the necessary tools. So the view of someone who is a scholar in
language or usul but has not grasp of fiqh is viewed as one of the masses when it
comes to considering his view on a fiqhi issue.
•
Females and slaves who are scholars are also considered towards any consensus
DEFINITION OF THE IJMA’
3. Of a Period
•
What is meant by period is the period in which the issue occurs requiring ijtihad.
• If a Successor reaches the rank of ijtihad during the generation of the Companions, is his
view taken into account? The majority said yes.
• If the Companions have already agreed on an issue before that Successor reached the
level of ijtihad, his view is not relevant as the ijma` has already been established.
• Does a period have to actually come to an end before we can determine that an ijma` has
actually taken place?
i.
The ostensive sense of the view of Ahmad is yes, although other statements suggest
otherwise. This was also the view of some Shafi`is. They said that a mujtahid who
initially agreed to something could well change his mind later on.
ii. However the correct view, the majority view, is that even if an ijma` is compacted for
a minute, it is binding, this is because of the clear sense of the proofs.
•
Ijma` is not restricted just to the period of the Companions
DEFINITION OF THE IJMA’
4. Ummah (Nation) of Muhammad (Sallalaahu alayhe wasallam)
•
So the view of a disbeliever is discounted.
•
ijma` of previous nations is discounted.
•
Scholars differ concerning the view of someone who is a fasiq in deed or belief
i.
If his fisq or innovation takes him outside the fold of Islam, his view is not considered
ii. If not, the majority still maintain his view is not considered. Many said it is because
ijma` is based on is the person’s ability to make ijtihad on the issue at hand.
5. After the death of the Prophet (Sallalaahu alayhe wasallam)
•
During his lifetime agreement is viewed as Sunnah, not ijma`.
•
During his lifetime the views of others are not given legal weight.
THE AUTHORITY OF IJMA`
1. Quran
َ َّ َ َ َ ُ ُ َ َ َّ َ َ َ َ ‫َّ ُ َل‬
َ ُ ََ
ُ َ ُ
َ
َ
َ
‫ين نوِل ِ ٌه‬
ٌ ‫يل اْلؤ ِم ِن‬
ٌ ِ ‫ق الرسو ٌ ِمنٌ بع ِ ٌد ما تبي ٌن ل ٌه الهدى ويت ِبعٌ غي ٌر س ِب‬
ٌ ِ ‫ومنٌ يشا ِق‬
ً‫َما َت َو َّلى َو ُنص ِل ِ ٌه َج َه َّن ٌَم َو َس َاءتٌ َم ِصيرا‬
And whoever contradicts and opposes the Messenger (Muhammad SAW) after the right path
has been shown clearly to him, and follows other than the believers' way. We shall keep him in
the path he has chosen, and burn him in Hell - what an evil destination. (al-Nisa 4:115)
• The path of the believers is that path which all of them traverse together.
THE AUTHORITY OF IJMA`
2. Sunnah
‫إن هللا تعالى ال يجمع أمتي على ضالل‬: ‫عن ابن عمر يرفعه‬
“Allah will not gather together my Ummah upon misguidance” (Tirmidhi)
:‫عن عمر يرفعه‬
‫عليكم بالجماعة و إياكم و الفرقة فإن الشيطان مع الواحد و هو مع االثنين أبعد من‬
‫أراد بحبوحة الجنة فليلزم الجماعة‬
“۬...Adhere to the Jama`ah and you are forbidden from sectarianism, for verily Shaytan is with
the loner, and he is further away from a pair. Whosoever desires the uppermost part of
Paradise then let him abide by the Jama`ah”- (Ahmad, Tirmidhi)
THE AUTHORITY OF IJMA`
3. Rational proof
The consensus of the Ummah is either on the
truth or in error. If it is on the truth then it is
a proof. If it is in error, how is it possible for
the Ummah to be united in error; this is not
acceptable to Allah; it is not possible.
The consensus of the Mujtahidun must be
based on a legal proof as Ijtihad is not based
on whim. Therefore if they have agreed on a
matter they must have clear cut evidence
which lead them to it. However if the
evidence was not definitive, then they could
not have reached a consensus due to
differences in reasoning and understanding.
4. It is one of the Khasa’is (distinctive
features) of this Nation
In the view of many scholars, they adduce the
following hadith as proof: ‘We are the last,
yet the foremost on the Day of Rising despite
the fact that they were granted the Book
before us. This is their day which was
obligated upon them and they differed. Allah
guided us to it and people follow after us:
The Jews tomorrow, and the Christians the
day after tomorrow.’
The point of inference is that the previous
nations agreed to either Saturday or Sunday
and both were wrong: their consensus did
not protect them from deviation.
TYPES OF IJMA`
1. Definitive ‫قطعي‬
An ijma` that is related in wording of something that is seen or perceptible to the senses, or is
related via mutawatir transmission. Whoever opposes this is a kafir.
2. Speculative ‫ظني‬
Related via ahad transmission, or is silent, or based on observation of people doing an act.
TYPES OF IJMA`
3. Silent ‫اإلجماع السكوتي‬
Three general views
• Not a proof and not an Ijma` - This is held by Dawud al-Dhahiri and some Shafi`is.
The reason: perhaps the statement did not reach some scholars, or some other reason
prevented them from making a statement about it
• A Proof but not Ijma` - This is the view of some Shafi`is.
The reason: silence is taken as consent, but not confirmed
• Speculative Ijma` - This is the opinion of Ahmad, most Shafi`is and Malikis.
The reason: based on the assumption that silence is consent. This is conditional to the fact that
we know that the silence was not one of disapproval.
It is the third view which is strongest.
WHAT IJMA` IS FOUNDED ON
What is Ijma’ founded on?
• There must be a source that it is based on since the scholars do not have the capacity to
totally independently arrive at a ruling devoid of any basis.
• Can it be based on any source: text, ijtihad, qiyas?
Importance of Ijma`
• Some scholars mention Ijma’ before Quran and Sunnah
• It is obligatory to follow the Ijma’ and forbidden to contradict it
• When there is Ijma’ on a matter there is no room for going against it
• Safeguard against destroying the Deen from within
•Ijam is also both a source and a tool
AL-QIYAS
WHAT YOU WILL STUDY
What you will study:
• Definition of Qiyas
• Authority of Qiyas
• Conditions of Qiyas
• Illah (the effective cause)
DEFINITION OF QIYAS
1. Linguistic definition
•
•
Equality - ‫لمساواة‬
Estimation – ‫التقدير‬
Legal definition
‘Extension of a ruling from an original case to a new case due to the two sharing an illah
(an effective reason/cause)’
COMPONENTS OF QIYAS
Al-Asl (original case)
Al-Hukm (The ruling in the original case)
Al-Farr (new case)
Al-Illah (the cause)
EXAMPLES OF QIYAS
• The Quran has prohibited khamr. According to some scholars khamr is only from grapes and
nothing else. Therefore alcohol from dates and barley are not mentioned in the text. However
the reason for the ruling in khamr is found in alcohol from dates which is intoxication and
hence it takes the same ruling which is prohibition.
• An inheritor murdering the one he is inheriting from is denied the inheritance according to
the hadith ‘The murderer does not inherit’. The reason being the murder is taken as a way of
hastening the inheritance before its time. Similarly if a recipient of a bequest (wasiyah) was to
murder the benefactor he would be denied the bequest.
• Proposing to a woman when another Muslim has proposed to her is not allowed until she
declines the first proposal. The reason is because it is transgressing against another’s right and
causing unnecessary harm as well as to prevent enmity and ill feeling. In the same way renting
a property which another Muslim has agreed to rent is not allowed until he declines that right.
• The Qur’an (Al-Jummah 62:9) forbids buying and selling after the last call of Friday prayer
until the end of the prayer.. By analogy the prohibition extends to all types of transactions
since all are a diversion from prayer.
The Authority of Qiyas
1. The majority of the scholars agree that Qiyas (analogical reasoning) is an acceptable source
of law. Many go as far as categorising Qiyas as a universally accepted source of law,
considering the objection to Qiyas as baseless.
2. The Zhahiree’s (literalists) denied the legitimacy of Qiyas as a source of legal rulings.
3. Other scholars went to extremes in applying Qiyas and in doing so ignored or rejected
authentic aahaadith. This may have been the reason why the Zhahiriyyah were so
vociferous in their denial of Qiyas,
Arguments against Qiyas:
1. The Zaharees main objection to the application of Qiyas to derive law can be summarised by the
following:
• The texts of the Qur’an and Sunnah are sufficient for guidance for all perceivable events for
which a ruling is required.
We have neglected nothing in the Book (Al-An’aam 6:89)
We have revealed the Book as an explanation for everything (Al-Nahl 16:89)
This day I have perfected your religion for you, and completed My favour upon you. (Ma’idah 5:4)
Thus from the above the revealed texts provide complete guidance for all events; to
include Qiyas as an additional source would imply revealed texts do not provide complete guidance.
Reply: The majority of scholars do not consider Qiyas as an additional independent source
but rather the logical extension of the revealed texts.
2.
Qiyas is tantamount to speculation. Rai (speculative opinion) has been condemned by the
sahabah. Moreover, Allah censures conjecture;
Conjecture avails nothing against the truth (Al-Najm 53:28)
Reply: In reply the scholars who affirmed Qiyas pointed out that although there was a
condemnation of rai from the companions, this was in reference to the rai that went against the
Quran and Sunnah. The same is said regarding ‘conjecture (zhun) in the verse in Surah Al-Najm.
PROOF OF QIYAS
Qur’an
Then take admonition, O you with eyes (to see). (Al-Hashr 59:2)
‘Should we consider the Muslims like criminals, How do you judge’ [Al-Qalam (68:35-36)
‘Shall We treat those who believe and do righteous good deeds, as Mufsidun (those who
commit crimes) on earth? Or shall We treat the Muttaqun (pious), as the Fujjar (criminals,
disbelievers, wicked, etc)? (Al-Saad 38:28)
• The essence of Qiyas is in the principle like for like. It is not in the nature of the Shariah
to distinguish between similar entities in their rulings, neither does the Shariah aim to
consider two different entities as similar in ruling. In other words the Sharia rulings are in
complete harmony and consistent with each other.
PROOF OF QIYAS
Ijma’ of the companions
‫ار في ْال َخ ْمر َي ْش َر ُب َها الر ُج ُل َف َقا َل لَ ُه َعلي بْنُ أَبي َطالب‬
َ ‫أَن ُع َم َر ب َْن ْال َخطاب اسْ َت َش‬
‫ب َسك َر َوإ َذا َسك َر َه َذى َوإ َذا َه َذى ا ْف َت َرى أَ ْو َك َما َقا َل‬
َ ‫ين َفإن ُه إ َذا َشر‬
َ ‫َن َرى أَنْ َتجْ ل َدهُ َث َمان‬
‫ين )مالك في الموطأ‬
َ ‫َف َجلَ َد ُع َم ُر في ْال َخمْ ر َث َمان‬
Umar consulted the Sahabah on the punishment for drinking khamr. Ali ibn Abi Talib
responded ‘I think that he should be lashed eighty times, because if he drinks he becomes
drunk and when he is drunk he talks irrationally and when does so he slanders’. So Umar
prescribed eight lashes for drinking khamr. (Al-Muwatta)
THE AUTHORITY OF QIYAS
The Hadith of Muadh Ibn Jabal
‫عن الحارث بن عمرو بن أخي المغيرة بن شعبة عن أناس من أهل حمص من أصحاب معاذ‬
‫كيف‬:((‫بن جبل ثم أن رسول هللا صلى هللا عليه وسلم لما أراد أن يبعث معاذا إلى اليمن قال‬
‫))فإن لم تجد في كتاب هللا ))قال‬: ‫أقضي بكتاب هللا قال‬: ‫تقضي إذا عرض لك قضاء ))قال‬
‫فإن لم تجد في سنة رسول هللا صلى هللا عليه‬:( ( ‫فبسنة رسول هللا صلى هللا عليه وسلم قال‬
‫وسلم وال في كتاب هللا ))قال أجتهد رأيي وال آلو فضرب رسول هللا صلى هللا عليه وسلم‬
‫الحمد هلل الذي وفق رسول رسول هللا لما يرضي رسول هللا ))رواه أبو داود‬:(( ‫صدره وقال‬
Narrated Muadh ibn Jabal:
Some companions of Muadh ibn Jabal said: When the Apostle of Allah (peace be upon him) intended
to send Muadh ibn Jabal to the Yemen, he asked: How will you judge when the occasion of deciding a
case arises? He replied: I shall judge in accordance with Allah's Book. He asked: (What will you do) if
you do not find any guidance in Allah's Book? He replied: (I shall act) in accordance with the Sunnah
of the Apostle of Allah (peace be upon him). He asked: (What will you do) if you do not find any
guidance in the Sunnah of the Apostle of Allah (peace be upon him) and in Allah's Book? He replied: I
shall do my best to form an opinion and I shall spare no effort. The Apostle of Allah (peace be upon
him) then patted him on the breast and said: Praise be to Allah Who has helped the messenger of the
Apostle of Allah to find something which pleases the Apostle of Allah. (Abu Dawud)
THE AUTHORITY OF QIYAS
‫صلى هللاُ َعلَيْه َو َسل َم َف َقا َل َيا َرسُو َل هللا وُ ل َد لي ُغ َالم أَسْ َو ُد‬
َ ‫َعنْ أَبي ه َُري َْر َة أَن َرج ًُال أَ َتى النبي‬
‫ك منْ إبل َقا َل َن َع ْم َقا َل َما أَ ْل َوا ُن َها َقا َل حُمْ ر َقا َل َه ْل في َها منْ أَ ْو َر َق َقا َل َن َع ْم َقا َل َفأَنى‬
َ َ‫َف َقا َل َه ْل ل‬
) ‫ك َه َذا َن َز َع ُه‬
َ ‫ك َقا َل لَ َعل ُه َن َز َع ُه عرْ ق َقا َل َفلَ َعل ا ْب َن‬
َ ‫َذل‬
‫متفق عليه‬
Narrated Abu Huraira: A Bedouin came to Allah's Apostle and said, "My wife has delivered a black
boy, and I suspect that he is not my child." Allah's Apostle said to him, "Have you got camels?" The
Bedouin said, "Yes." The Prophet said, "What colour are they?" The Bedouin said, "They are red." The
Prophet said, "Are any of them Grey?" He said, "There are Grey ones among them." The Prophet
said, "Whence do you think this colour came to them?" The Bedouin said, "O Allah's Apostle! It
resulted from hereditary disposition." The Prophet said, "And this (i.e., your child) has inherited his
colour from his ancestors."
(AL-Bukhari and Muslim)
The Prophet said to the woman who asked whether she should perform hajj on behalf of her father
upon whom Hajj was obligatory, but was unable to perform Hajj (due to old age and weakness). He
replied: If your father had a debt and you paid it on his behalf – would it benefit him? She said: yes.
He then said; Allah’s debt is more deserving to be paid back. (Al-Bukhari)
He (saw) also said to Umar when asked about kissing one’s wife whilst fasting; what do you think
about gargling? [Ahmed, Abu Dawood]
THE AUTHORITY OF QIYAS
Rationale Proof
The texts of the Quran and Sunnah are finite and limited in number, but the number of new
incidents and possible scenarios are countless. New situations are constantly emerging which
require legal rulings. By the correct application of Qiyas, taking into consideration its conditions
and procedure, a solution can be found for any given situation.
Position of the Salaf
The scholars from the salaf took a middle and balance approach to Qiyas. They neither denied
it outright nor did they apply it to all situations. Rather they applied Qiyas when general
conditions were fulfilled:
1. There should be no direct text from the Qur’an or authentic Sunnah pertaining to the issue
for which a ruling is sought. Qiyas is only referred to as a last resort. Imam As-Shafie’ said:
We seek ruling through Ijma’ and then Qiyas, and it (Qiyas) is the weaker, only to be evoked
in situations of necessity. Qiyas is not permissible in the presence of a text.’ [Al-Risalah: 599
– See also I’laam al Muwaqieen by Ibn Qayyam 1/32, 67]
2. The person performing the Qiyas should be a scholar, satisfying the criterion of Ijtihaad.
3. The Qiyas should itself be correct, fulfilling all the conditions (see below).
Position of the Salaf
If the above guidelines are adhered to then Qiyas is considered correct and acceptable.
Ibn Abdul Barr said: As for Qiyas (analogy) on a original case and passing judgement upon a
matter by considering an issue similar to it, then this is the type of Qiyas about which none of
the pious predecessors differed over (i.e. its legality). Moreover all those whom have been
reported to have censored the use of analogy, have also expressed the legality of the correct
use of Qiyas! Only an ignorant one rejects this, one who opposes the pious predecessors in
rulings. [Jami biyaan al-ilm wa fadlahu: 2/77]
Furthermore, this is the mizaan (scale), which Allah revealed with his book.
Allah is the one who revealed the Book with truth and the mizaan (scale). (Al-Shura: 17)
‘Certainly We sent Our messengers with clear signs and We sent with them Books and the scale
(mizaan)’ (Al-Hadeed: 25)
Ibn Taymeeyah said: The correct type of Qiyas is true, for verily Allah sent His messengers with
justice and he revealed the scale (mizaan) with the book. The mizaan incorporates justice, and it
is how justice is known. [Majmoo al-Fatawa 19:176]
CONDITIONS OF QIYAS
1. Conditions pertaining to the Original Case - the Asl
• The original case (asl) must contain the effective cause - ‘illah if no effective cause is present in the
orginal case (asl), Qiyas in not legitimate.
• So the Asl must have an illa.
• The original case ruling is firmly established and not abrogated and supported by either a text from
the Qur’an or authentic Sunnah.
• Qiyas may also be founded on a rule that is established by ijma’
• One Qiyas should not constitute the asl of another Qiyas.
2. Conditions pertaining to the hukm – ruling of the original case
• The ruling must be a shari ruling based on the Qur’an, sunnah or ijma’
•The hukm must be operative, and not abrogated.
•The original ruling is on a matter we can understand the reason behind (‫ )معقول المعنى‬and
not ta’abuddi E.g. 10 sucklings of the baby
•The Hukm of the Asl should not be restricted to the ruling itself. E.g. The Prophet said
the witness of Khuzaymah was equal to two witnesses.
•The Prophet had more than four wives
CONDITIONS OF QIYAS
3. Conditions pertaining to the new case (far’)
•There is no text from the Qur’an, Sunnah or ijma’ concerning the new case otherwise Qiyas is not
permissible or necessary.
•The effective cause (‘illah) should be applicable in the new case in the same way as to the original
case.
•The ruling in the new case is equal to that in the original case.
4. Conditions pertaining to the effective cause – ‘illah
•The ‘illah must be standardized (mundabit). It should be a constant attribute, which is applicable to
all cases without being affected by differences of persons, time, place and circumstance.
E.g. breaking the fast when travelling. The ‘illah is not to remove difficulty because this will differ from
person to person. But the ‘illah is itself travelling, which will not change whether it is 1400 years ago
or today.
•The ‘illah must be evident (zhahir). It should be definite and perceptible to the senses.
Murder – how can one ascertain the intention of the killer? So the intention of the killer is not the
‘illah.
So if someone was killed with a sword/gun, it can be assumed it was intended. And if one is killed by a
punch or a rock, then it may not have been intended.
•The ‘illah must be a proper attribute (munasib) in that it bears a reasonable relationship to the ruling
(hukm).
E.g. wine intoxicates and not that it smells, is expensive or a particular colour etc.
•The ‘illah must be transient (muta’addi), that is, an objective quality that is transferable to others.
For analogy cannot be constructed on an ‘illah which is confined to the original case only.
E.g. wine (intoxicates) and drugs (intoxicates)
•Most of the scholars hold that if a ruling is proven (textually) to be based upon an ‘illah, then it may
not fulfil the above conditions – so it may be restrictive and not transient for example. Some scholars
are also of the opinion that if the ‘illah of a ruling has been established through deduction and
personal reasoning (ijtihad), it is also acceptable even if the above conditions are not fully met. [See
Al-Jami li masaail sool al-Fiqh by Dr. Namla]
5. That the Qiyas rulings are not matters of belief.
Identification of the ‘illah
The effective cause maybe identified in a number of ways:
1. It may be clearly stated in the nass (text)
2. It maybe suggested by indications in the nass.
3. It maybe determined by ijma’.
4. If the nass does not clearly state the ‘illah, nor allude to it, then the only way to identify it is
through ijtihad.
SECOND STEP:
GET THE CORRECT UNDERSTANDING OF THE
CORRECT SOURCES OF ISLAM
Introduction
1.5 Four Principles & Processes Listing
(p. 15)
1. To Refer to Divine Scripture for all Matters
2. To Refer to the Entirety of Divine Scripture
3. To Understand Divine Scripture according to the Consensus of
Scholars (explicit & implicit)
4. To Understand Divine Scripture according to the Dictates of the
Arabic Language
Introduction
1.5 Four Principles & Processes Listing (p. 16)
2.0 Principle 1: To Refer to Divine Scripture for All
Matters
2.1 The Foundation of this Principle: Having Iman in Allah and
His Guidance
2.2 The Shar’iah Explained Everything we Require
2.3 To Abstain from Discussing what has been Abstained from
2.4 Glorification of Divine Scripture
2.5 Benefits of this Principle
2.0 Principle 1: To Refer to Divine Scripture for All
Matters
2.1 The Foundation of this Principle: Having Iman in Allah and His Guidance
• Guidance is comprehensive covering all of a human’s needs and wants
• The first recourse to turn and look to see what his or her Lord and Deity has
to say and what guidance is contained in His Book and via His Messenger’s
Sunnah.
• This first principle, to refer to divine scripture in all matters, is result of
having this imān in this comprehensive guidance.
2.0 Principle 1: To Refer to Divine Scripture for All
Matters
And I (Allah) created not the jinn and humans except they should Worship Me (Alone).
• ‘Ibādah is a comprehensive meaning and reality.
And they were commanded not, but that they should Worship Allah, and Worship none but Him
alone (abstaining from ascribing partners to him), and perform Ṣalāh (Iqâmat-as-Salât) and give
Zakât: and that is the Right religion.
And He is Allah; Lā ilāha illa Huwa (none has the Right to be worshipped but He). his is All
praise, In the first (i.e. In This world) and In the Last (i.e.in the Hereafter). and for Him is the
decision, and to Him shall You (all) be returned.
Other Ayat...
2.0 Principle 1: To Refer to Divine Scripture for All
Matters
• Referring back to Him is linked to the matter of having imān in Him: if you have imān in
Allah you will refer to Him in your affairs:
O You who believe! obey Allah and obey the Messenger (Muhammad), and those of You
(Muslims) who are In authority. (and) if You differ In anything amongst yourselves, refer it to
Allah and his Messenger, if You believe In Allah and In the Last Day. That is better and more
suitable for final determination. (al-Nisā’, 4:59)
But no, by your Lord, they can have no Faith, until they make you (O Muḥammad pbuh) judge
in all disputes between them, and find in themselves no resistance against your decisions, and
accept (them) with full submission. (al-Nisā’ (4) :65)
2.0 Principle 1: To Refer to Divine Scripture for All
Matters
• The observation of the following three matters is evidence of this
principle being adhered to:
1. To believe that the Sharī’ah has explained and expounded upon
everything required to attain success.
2. To abstain from discussing what Allāh and His Messenger have
abstained from.
3. To glorify the Divine Scripture
2.2 To believe that the Sharī’ah has explained and expounded upon
everything required to understand the religion (p. 22)
•The Uṣūl al-Din (foundations of the Religion) have been mentioned in the
Book and the Sunnah, with their evidences and the means to achieve them.
•This important rule implies three matters, all of which is proven by the Qur’ān,
Sunnah and reason:
1.
2.
3.
The Sharī’ah is comprehensive and covers all that is required by mankind in
all aspects of the dīn including ‘ibādāt or mu’āmalāt.
The Qur’ān is the way to truth and success.
The Din is complete and perfect.
3.0 Principle 2: To Refer to the Entirety of
Divine Scripture - I
3.1
3.2
3.3
3.4
3.5
A Consequence of having Iman in Scripture
Proofs for this Major Principle
Examples of Failure to Observe this Principle
How to Refer to the Mutashabih
Rejecting Divine Scripture
Principle 2: To Refer to the Entirety of Divine Scripture - I
3.1 A Consequence of having Iman in Scripture
(p. 43)
•
All of the Scripture is relevant and obligatory to be adhered to by the
mu’min
1.
2.
Islam is submission to Allāh.
Only fulfilled once the person believes in what Allāh revealed whether it is
through His words (Qur’ān) or His instructions (Sunnah).
Necessary to have belief in all the text of the Qur’ān and Sunnah whether
we understand the meanings or not. It is also necessary to believe in all
that the Ummah and its scholars have agreed upon.
The Mu’minūn believe Allāh sent the Messengers and revealed the
Qur’ān. Whatever the messenger brought was with the knowledge of
Allāh. The messengers command is the command of Allāh.
3.
4.
Principle 2: To Refer to the Entirety of Divine Scripture - I
3.1 A Consequence of having Iman in Scripture
(p. 44)
•
3.1.1 General Belief
•
3.1.2 Detailed Belief
•
This Major Principle instructs someone to gather all related
evidences on a given issue before concluding an understanding or
ruling
Principle 2: To Refer to the Entirety of Divine Scripture - I
3.2 Proofs for this Major Principle (p. 45)
•
This is a fundamental principle for attaining correct understanding of scripture. All the texts come
from one source and as such there can be no contradiction between them.
Verily, those who disbelieved in the Reminder (i.e. the Qur’ān) when it came to them (shall receive the
punishment). And verily, it is an honourable respected Book (because it is Allāh's Speech, and He
has protected it from corruption, etc.). (Fuṣṣilat (41):41)
Falsehood cannot come to it from before it or behind it (it is) sent down by the All-Wise, Worthy of all
praise (Allāh). (Fuṣṣilat (41):42)
Principle 2: To Refer to the Entirety of Divine Scripture - I
3.2 Proofs for this Major Principle (pp. 45-46)
•
It is impermissible to take one text and ignore another on the same issue which would mean dividing
the texts.
Then do you believe in a part of the Scripture and reject the rest? Then what is the recompense of those who
do so among you, except disgrace in the life of this world, and on the Day of Resurrection they shall
be consigned to the most grievous torment. And Allāh is not unaware of what you do. (Al-Baqarah
(2):85)
Principle 2: To Refer to the Entirety of Divine Scripture - I
3.2 Proofs for this Major Principle (p. 46)
‘If you do not gather all the narrations of a ḥadīth you will not understand it. The
ḥadīth explains itself’. Imām Ahmad
‘If an ‘ālim distinguishes between what the Prophet said and what he did not say he needs
to understand what the Prophet meant…he should collect all the ḥadīth and include
like parts together. He gathers what Allāh and his messenger gathered and separates
what Allāh and his Messenger separated. This is the knowledge that benefits the
Muslims and which should be accepted. And with this, the Muslim scholars such as
the four Imāms became leaders’. Ibn Taymiyyah
Principle 2: To Refer to the Entirety of Divine Scripture - I
3.2 Proofs for this Major Principle (pp. 46-47)
‘Error on this topic revolves around one thing. It is the ignorance of the objectives of
Sharī‘ah and the lack of drawing all the parts together. For the scholars grounded in
knowledge, the means of accepting the evidence is to take the Sharī‘ah as a whole in
accordance with the overriding principles, on which its subsidiaries are based, the
generalities from which result the specifics, the clear which explains the
ambiguous…’ al-Shāṭibī
‘The method of those grounded in knowledge is to see the Sharī‘ah as a whole, part of it
serving other parts just like limbs of person…’ al-Shāṭibī
Occasionally there may appear to be contradictions and in such situations scholars have
given rules on how to resolve them
Principle 2: To Refer to the Entirety of Divine Scripture - I
3.3 Examples of failing to take into account the entirety of scripture (p. 48)
3.3.1 The Khawārij
• They took the first āyah and ignored the second.
And whosoever disobeys Allāh and His Messenger (Muḥammad pbuh), and transgresses
His limits, He will cast him into the Fire, to abide therein; and he shall have a
disgraceful torment. (An-Nisā (4):14)
Verily, Allāh forgives not that partners should be set up with him in worship, but He
forgives except that (anything else) to whom He pleases, and whoever sets up partners
with Allāh in worship, he has indeed invented a tremendous sin. (An-Nisā (4):48)
Principle 2: To Refer to the Entirety of Divine Scripture - I
3.3 Examples of failing to take into account the entirety of scripture (p. 49)
3.3.2 The Murji’ah
• Quraysh Ibn Anas reported I heard Amr Ibn ‘Ubayd say ‘on the day of judgment I will be brought and
stood in front of Allāh. He will ask me ‘why did you say the killer is in the fire?’ I will say that you
said so’ and he read the āyah:
And whoever kills a believer intentionally, his recompense is Hell to abide therein, and the Wrath and the
Curse of Allāh are upon him, and a great punishment is prepared for him. (An-Nisā (4):93)
Quraysh Ibn Anas said, ‘what do you think when Allāh says to you that He said:
Verily, Allāh forgives not that partners should be set up with him in worship, but He forgives except that
(anything else) to whom He pleases, and whoever sets up partners with Allāh in worship, he has indeed
invented a tremendous sin. [An-Nisā 4:48]
‘From where did you learn that I will not forgive him?’ He could not give me any response’.
Principle 2: To Refer to the Entirety of Divine Scripture - I
3.3 Examples of failing to take into account the entirety of scripture (p. 50)
Ibn Taymiyyah says,
‘From here it becomes clear that these deviations in the Ummah occurred are as result of Imān in some of
what the Messenger brought and not the rest of it…’
He says also,
‘The truth is to gather the texts on punishments with those on forgiveness without changing any of it just
like the texts with commands are gathered with those on prohibitions without changing any of it’.
Some followers of the Madhāhib sometimes take a part of the same ḥadīth while rejecting the other part
Principle 2: To Refer to the Entirety of Divine Scripture - I
3.3 Examples of failing to take into account the entirety of scripture (pp. 50-51)
When Umar disagreed with Abū Bakr on how to deal with the people who refused to pay the Zakāh. Umar
used the following ḥadīth to prove his point. “I have been commanded to fight the people until they
say la ilāha Illa Allāh. Whoever says that, then his life and his wealth becomes safe.”
Abū Bakr said to him: “Zakāh is rightly due on one’s wealth” meaning that this issue comprised of the
safeguarding of life and wealth was dependent on its conditions, and that the ruling was dependent on
two conditions which [i.e. the ruling] could not come into existence without the two. Then he made
an analogy between prayer and Zakāh.
Imām Nawawī commented on this by stating: “This incident proves that generality (‘umūm) can be
particularised by analogy (Qiyās). It also shows that everything that an address contains in a
particular text in terms of stipulations and exceptions has to be complied with and must be deemed
correct according to that.” Sharḥ an-Nawawī (1/203)
8.0 Principle 4: To Understand Divine Scripture according to the
Dictates of the Arabic Language
8.1 Introduction
8.2 Importance of Arabic Language
8.3 Aspects of the Arabic Language
5.0 - 7.0 Principle 3: To Understand Divine Scripture according
to the Consensus of Scholars (explicit & implicit)
Majority of this discussion has been covered in the last retreat.
An emphasis of using it as a tool will be discussed here.
Principle 4: To Understand Divine Scripture according to the Dictates of the Arabic Language
8.1 Introduction (p. XX)
• The Book and the Sunnah are divinely revealed texts in a particular
language and composed in accordance to the rules of the language. It
follows logically that we should try to understand the usage of that
language by the people to whom it was revealed so that we may
understand the texts better.
Principle 4: To Understand Divine Scripture according to the Dictates of the Arabic Language
8.1 Introduction (p. XX)
8.1.1 The Qur’an is Arabic
“Indeed, We have sent it down as an Arabic Qur’an that you might understand.” [Sūrah Al-Yusuf (12):2]
“A Book whose verses have been detailed, an Arabic Qur’an for a people who know.” [Sūrah Fuṣṣilat
(41):3]
8.1.2 Is Arabic a Divine Language?
Ibn Qudāmah and others said, ‘There is no real need for this discussion, discussing it is laborious and has
no benefit.’
Principle 4: To Understand Divine Scripture according to the Dictates of the Arabic Language
8.2 Importance of Arabic (p. XX)
Ibn Taymiyyah wrote in his book al-Imān, pg. 105,
Before one can interpret and understand the Qur'an and the Ḥadīth, he must know the meanings intended
by the words of Allāh and His Messenger (pbuh), and he must know the methods necessary to
understand their words. Knowledge of the Arabic language in which we were addressed will help us to
understand what Allāh and His Messenger (pbuh) intended through their words, as will understanding
the semantics behind the words and phrases. Truly, most of the misguidance of the Innovators occurred
due to this reason - they began to misinterpret the words of Allāh and His Messenger (pbuh) claiming
that they meant one thing, when really they meant another.
Principle 4: To Understand Divine Scripture according to the Dictates of the Arabic Language
8.2 Importance of Arabic (p. XX)
Umar is reported to have instructed his governors to spread the knowledge of Arabic because it invigorates
the mind and increases virtue.
Abū ‘Amr bin ‘Ala’ regarded the knowledge of Arabic as religion itself.
Al-Farra’ considered the knowledge of grammar more valuable than that of jurisprudence.
The writer of ḥadīth who does not know grammar is compared to a donkey carrying a nose-bag without
barley in it.
Ash-Shāfi’ī said that every Muslim must learn the Arabic language in order to recite the Holy Qur’an.
Process for the correct practice of Islam
Correct
SOURCES
of information
1. Internal (Imān): Fitrah, Intellect
2. External: Qur’ān, Sunnah, Ijmā‘ & Qiyās
Correct tools & processes for
UNDERSTANDING
Refering to the entirity of the devine scriptue in all matters in accordance with the
understanding of the entirety of the early generation scholars and the rules of Arabic language
Correct
IMPLEMENTATION
Correct
PRACTISE
Process for the correct practice of Islam
Correct
IMPLEMENTATION
Principle 4: To Understand Divine Scripture according to the Dictates of the Arabic Language
8.3 Aspects of the Language (p. XX)
Implementing the ruling
Knowing the context
- Up normal circumstances, Darurah, maslaha as an Example
- Aims and objectives of sharia
Etiquette of differing
Process for the correct practice of Islam
Correct
PRACTISE
and
UNDERSTANDING
The End

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