How this class started conversations b/w Fahad and me
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- Bu sahifa navigatsiya:
- Introduction to the Science of Fiqh
- Understanding the intended meaning
- 2. Fiqh Terminologically: Conception of the practical Islamic legal rules with their detailed evidences. Explanation of the definition
- With Their Detailed Evidences
- How did Fiqh arise
- Importance of the Science of Fiqh
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! How this class started - conversations b/w Fahad and me. ! Objective - people talk about madhaahib, and many of us don't really know what that means. This course is designed to give a very rudimentary idea of what madhaahib are. This is done by defining fiqh, usul-ul-fiqh, introducing the four imams, explaining main causes of difference of opinion, and high-level overview of usul-ul-fiqh. ! Traditionally, we're taught fiqh before usul-ul-fiqh (as young children memorize fiqh and later as young adults study the usul) ! How would the early Muslims find answers to their questions? ! Two main schools of thought: o Formation: The incident relates to the dispute regarding the 'Asr prayer on their way to Bani Qurayzah. The Prophet instructed the companions to go and fight the Jews. He said, "Do not pray until you get to Bani Qurayzah". On route to Bani Qurayzah the time for 'Asr was drawing to a close. A dispute ensued. One group understood the prophet's command metaphorically, thinking that the Prophet (SAW) meant hurry up. A party of the believers prayed there whilst the others prayed after 'Asr time when they arrived at Bani Qurayzah.When they next met the Prophet (SAW) they asked him who was right and who was wrong. It is important to note the response. Only one of them could have been right, but the Prophet (SAW) did not point out who that was, rather he said, "Whoever performs ijtihad and errs will receive one reward. Whoever performs ijtihad and arrives at the correct answer gets double the reward." o Names: Ahlur-Ra’i (People of Opinion) and Ahlul-Ma’thoor (People of Transmission or Text) o The scholars in the past recognised this; "The most learned amongst the people is also one who is most knowledgeable of the difference amongst the people" (Ghazali, Shawkani, Abu Zahrah) ! Main schools of knowledge: Mecca, Medinah, Kufah Makkah
Madinah Kufah
Ibn ‘Abbaas Ubay ibn Ka’b ‘Abdullaah ibn Mas’ood Sa’eed ibn Jubayr Mujaahid ibn Jabr Ikrimah Al-Barbaree Taawoos ibn Kaysaan ‘Ataa ibn Rabaah Zayd ibn Aslam Aboo al ’Aaliyaah Muhammad ibn Ka’b ‘Alqamah ibn Qays Masrooq ibn Al-Ajda’ Al Hasan Al Basri Qataadah as-Sadoosee
! Define Madhaab o Who are the four? o Why only four? ! Four Imams: o Abu Hanifah (80 – 150 AH, Kufah / Baghdad) "
Personality "
Teachers: Hammaad, Ja’far As-Saadiq, Ibraheem An-Nukh’i, ‘Amr Ash’aby "
Students: Qadhi Yusuf, Mohammad ibn Hasan Ash-Shaybani, Az-Zufr o Maalik (93 – 179 AH, Medinah) "
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Teachers: Rab’i Ar-Ra’i, Ibn Hurmuz, Ibn Shihaab Az-Zuhri, Naaf’i, Yusuf ibn Sa’eed Al-Ansaari, and Az- Zinaad "
Students: Ash-Shaafi’i, Abullaah ibn Wahaab Al-Misri, Abdu’r-Rahman ibn al-Qasim, Ashhab ibn ‘Abdu’l – Aziz al-‘Amiri , Asad Ibn al-Furat "
o Ash-Shaafi’i (150 – 204 AH, Ghaza / Cairo) "
Personality "
Teachers: Maalik, Ibn Hasan Ash-Shaybani, Arab tribe Hudhayl, Sufyaan ibn ‘Uyaynah, Omar ibn Abi- Salamh, Yahya ibn Hassan "
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Works: Ar-Risaalah, Al-Hujjah, and Al-Umm o Ahmad ibn Hanbal (164 – 241 AH, Baghdad) "
Personality "
Teachers: Abu Yusuf, Ash-Shaafi’i, many others "
Students: Abu Dawud "
Works: Al-Musnad, Kitaab us Salaah, Kitab us Sunnah… ! Take vote of extending the class to 4 or 5 instead of 3. ! References: o The Four Imams : Their Lives, Works and their Schools of Thought by Muhammad Abu Zahra, ISBN: 1870582411 o The Four Great Imams (13 audio CD set in travel vinyl box) by Dr. Hesham al-Awadi o Principles of Islamic Jurisprudence by Mohammad Hashim Kamali, ISBN: 0946621829 o Reliance of the Traveller: The Classic Manual of Islamic Sacred Law Umdat Al-Salik by Ahmad Ibn Lulu Ibn Al-Naqib (Author), Noah Ha Mim Keller (Translator), ISBN-10: 0915957728
Introduction to the Science of Fiqh ( http://www.alfeqh.com/alfeqh_files/file_body_print.php?fileid=3 ) What is Fiqh?
Allah (
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Or what may be translated as “…But what hath come to these people that they fail to understand a single fact?” (04:78)
And Ibn Ul-Qayyim said: Understanding the intended meaning. Allah (
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#M-#.%+ D09 Or what may be translated as “…They said: "O Shu’aib! much of what thou sayest we do not understand!” (11:91)
Fiqh is said to be: The exact meaning. The Prophet ( "UV6 P'UW XK YUZ ) said to Ibn Abbaas: 2=85K AE P$.E "$U5K
“Oh Allah, give him understanding of the deen.” (Agreed upon) So do not say “I understood ( &'() ) two is more than one” (because this is the improper usage of the word fiqh).
detailed evidences.
scientific issues, this point becomes clear in matters of jurisprudence. On no soul does Allah place a burden greater than it can bear, He does not hold us to account in methodological matters at the level of perfection. For this reason we do not say science, but we say conjecture.
1. Obligatory ( *+,-)
2. Supererogatory ( *./01)
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4. Disliked ( 4-561)
5. Impermissible ( 7,58)
Islamic Legal: Anything dealing with Islamic Law; from it are extracted logical rules such as knowing that ‘whole is greater than part’ and common rules such as knowing ‘the descent of moisture or dew on a rainy night if the weather were clear’ (a well-known occurrence amongst the Arabs).
definite), and from it is extracted what is associated with creed such as the oneness of Allah and descriptions of (His) perfection.
extracted the methodology of extracting fiqh; and knowledge is our sayings with their evidences: this knowledge distinguishes rules with their evidences; it concerns evidence; Ibn Abd-ul-Birr expressed the consensus is that the imitator or blind-follower is not one who practices fiqh.
Fiqh is life, it teaches you how to pray, how to fast, how to bury the dead, how to get married, how to divorce, what is halal and what is haram, what are boundaries and punishments, thus it encompasses all of life.
Fiqh arose from when revelation of the Islamic Law descended upon the Messenger of Allah ( "UV6 P'UW XK YUZ ), and from his teachings to his companions. He urged the ones who were listening to convey (his teachings) and (to know that) perhaps the conveyed person would understand more than his listeners and perhaps the one carrying (his teachings of) fiqh would carry his teachings to someone who would understand it more than himself (that is to say the one carrying his teachings).
The companions used to go and ask the Prophet ( "UV6 P'UW XK YUZ ) and he would respond to their questions. Similarly, the companions and the generation following the companions would ask the scholars and they would respond to them as well. Scholars emerged from the companions such as Zayd bin Thabit, Ibn Abbaas, Ibn Masood, Aishah, and others.
Thereafter emerged, at the time of the generation who followed the companions, jurists from the city of the Messenger of Allah ( "UV6 P'UW XK YUZ ), of which were seven: 1. Ubaidullah ibnu Abdillah ibni Utbat ibni Masood ( 9:$01 ;< =3/> ;< ?, @3> ;< ?, @A3> ) 2. Urwat ubn Uzzubair ( 5A ) 3. Alqaasim ibnu Mohammadin ibni Abi Bakr ( 56< D )
4. Saeed ibn Ulmuseeb ( $H *A0F", ;< @IA ) 5. Abu Bakrin ibnu Abdi Rahman ibn Ilhaarith ibni Hishaam ibn Ilmughairah ( C5AJF", ;< 7#KL ;< MN#.", ;< ;F85II", @3> ;< 56<: 6. Sulaiman ibnu Yasaar ( N#0O ;< P#FAQH ) 7. Khaarijat ibnu Zaid ( @OR ;< =+N#S )
If it is asked who are the seven seas of knowledge Then say they are the slaves of Allah: Urwah Qaasim Their chain of knowledge is not exceeded Saeed Abu Bakr Sulaiman Khaarijah Then emerged the Four Imams: 1. Abu Hanifah Annu’maan ( P#F$T", =UAT8 : )
2. Maalik ibnu Anis ( ) 3. Mohammad ibnu Idrees ibn Ashaafi’I ( D$)#K", VON9Y ;< @F.1 ) 4. Ahmad ibnu Hanbal Asheebaani ( DW#3AK", Z3T8 ;< @F8E )
The two schools of fiqh emerged, and they were the School of Hijaaz (the people of hadeeth or narration) and the School of Kufah (the people of juridical opinion).
As for the School of Hijaaz, they took to Zaid ibn Thaabit and Abdullah Ibn Umar, thereafter Saeed ibn Almuseeb, Saalim ibn Abdillah ibn Umar, and Alqaasim ibn Mohammad ibn Abu Bakr, and their imams include Imam Malik, Imam Shafi’i, and Imam Ahmad.
and later Ibraheem Unnukh’i, and their imams include Imam Abu Hanifah.
1. From it is known four of the pillars of Islam 2. From it are known the individual obligations 3. From it the permissible is known from the prohibited 4. Upon its path life is built (which in turn is built) upon the Islamic Law of Allah 5. Upon its teaching it is possible to teach mankind Islamic Law
And other benefits as well Allah (
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Imam Abu Hanifah is Abu Hanifah al-Nu’man ibn thabit, the Greatest Imam, born in A.H. 80 in Kufah. He was the scholar of Iraq and the foremost representative and exemplar of the school of juridical opinion (ra’y). The Hanafi school, which he founded, has decided court cases in the majority of Islamic lands for the greater part of Islam’s history, including the Abbasid and Ottoman periods, and maintains its preeminence in Islamic courts today. Abu Hanifah was the first to analyze Islamic jurisprudence, divide it into subjects, distinguish its issues, and determine the range and criteria for analogical reasoning (qiyas) therein. Shafi’i used to say of him “In jurisprudence, all scholars are the children of Abu Hanifah”. The Imam and his school have been misunderstood by some who have believed that the Imam’s knowledge of hadith was largely limited to what was transmitted by the narrators of Kufah, especially through the Companion Ibn Mas’ud. In fact the Imam was a hadith expert who had all the hadiths of the Companions of Mecca and Medina in addition to those of Kufah, and only lacked the relatively few channels of narrators who were in Damascus. His Musnad [Ascribed traditions] is comparable in size to the Muwatta’ of Imam Malik and the Musnad of Shafi’i which the latter based their respective schools upon, and when one reads Muwatta’ al-Imam Muhammad, Malik’s work which Abu Hanifah’s disciple Muhammad ibn Hasan al-Shaybani studied and annotated for three years under Malik at Medina, one gains complete conviction from Muhammad’s notes that virtually every hadith therein was familiar to Abu Hanifah before he arrived at the positions of his school, all of which is a persuasive case against the suggestions of the unlearned that Abu Hanifah did not know hadith. Nevertheless, the Imam was of an age that was plagued by hadith forgers, and he was moved by his extreme piety to reject any hadith that he was not reasonably sure was authentic, for which reason he applied a relatively selective range of hadith evidence in Sacred Law. His school, for example, does not accept qualifications or modifications of any ruling established by a Koranic verse (takhsis ayah) when such qualification comes through a hadith with but one, even if rigorously authenticated (sahih), channel of transmission, but only if it comes through a hadith with three separate channels of transmission. So despite Abu Hanifah’s being a hadith specialist, his school reflects a legacy of extensive use of analogy and deduction from specific rulings and general principles established by primary texts acceptable to the Imam’s rigorous standards, as well as the use if inference and juridical opinion as to what conforms to the human interests in general protected and furthered by Sacred law.
With his legal brilliance, he was equally well known for his piety and asceticism, and though he had wealth from a number of shops selling cloth, to which he made occasional rounds in superintending their managers, he devoted his fortune to helping students and researchers in Sacred Law, and many a scholar was to realize how much the Imam’s financial help had meant when it was discontinued after his death. He shunned sleep at night, and some called him the Peg because of his perpetual standing for prayer therein, often reciting the entire Koran in his nightly rak’as. He performed the dawn prayer for forty years with the ablution (wudu) made for the nightfall prayer, would only sleep a short while between his noon and mid-afternoon prayers, and by the end of his life, had recited the Holy Koran seven thousand times in the place where he died. He would never sit in the shade of a wall belonging to someone he had loaned money, saying, “Every loan that brings benefit is usury.” He died in Baghdad in A.H. 150 at seventy years of age, leaving an intellectual and spiritual legacy that few scholars have every equaled (al-Tabaqat al-kubra, 1.53-54; al-Targhib wa al–tarhib, 1.13; Sheikh Shu’ayb Arna’ut; and Nuh Ha Mim Keller)
Imam Malik
is Malik ibn Anas ibn Malik, Abu ‘Abdullah al-Asbahi al-Himyari, the mujtahid Imam born in Medina in 93/712. The second of the four greatest Imams of Sacred Law, his school has more followers than that of anyone besides Abu Hanifah. He was known as the Scholar of Medina, and was as renowned for his sincerity, faith, piety, and god-fearing character as for his command of the sciences of hadith and knowledge of Sacred Law. His generosity was legendary, as was his love for the Prophet (Allah bless him and give him peace), whom he held in such awe and respect that he would not mount his horse within the confines of medina out of reverence for the ground that enclosed the Prophet’s body (Allah bless him and give him peace). His piety was such that he was never too proud to say he did not known when asked about matters he was not sure of, and he would not relate a hadith without first performing ablution. He was the author of al-Muwatta’ [The trodden path], the greatest hadith collection of its time, nearly every hadith of which was accepted by Bukhari in his Sahih. His disciple Imam Shafi’i used to say of it, “After the Book of Allah, no book has appeared on earth that is sounder than Malik’s.” He was uncompromising in his religion and kept far from the rulers and princes of his time. When he gave the opinion that the caliph al-Mansur should be removed and Muhammad ibn ‘Abdullah of ‘Ali’s family be instated, the caliph’s uncle Ja’far ibn Sulayman, governor of Medina, had Malik scourged seventy lashes, dislocating his shoulder. The only effect of this was to increase the Imam’s high-mindedness and dignity, and when al-Mansur learned of it, he apologized profusely and asked Malik to write a book of Islamic jurisprudence that he could enjoin with the force of law upon all Muslims regardless of their school, but the Imam refused. He authored outstanding works in Sacred Law, hadith, and Koranic exegesis, and left behind a host of brilliant scholars he had trained as part of his great legacy to Islam and the Muslims. He died in Medina in 179/795 (al-A’lam, 6.257; al-Muwatta’, introduction; al- Targhib wa al-tarhib, 1.14; Sheikh Shu’ayb Arna’ut; and Nuh Ha Mim Keller). Imam Shafi’i (Introduction) is Muhammad ibn Idris ibn al-‘Abbas ibn ‘Uthman ibn Shafi’ ibn al-Sa’ib ibn ‘Ubayd ibn ‘Abd Yazid ibn Hashim ibn al-Muttalib ibn ‘Abd Manaf, Abu ‘Abdullah al- Qurashi al-Makki al-Shafi’i, descended from the great-grandfather of the Prophet (Allah bless him and give him peace). Born in 150/767 in Gaza, Palestine, Shafi’i was the Imam of the World, the mujtahid of his time, one of the most brilliant and original legal scholars mankind has ever known. An orphan brought to Mecca when two years old and raised there by his mother in circumstances of extreme poverty and want, he memorized the Holy Koran at age seven, the Muwatta’ of Imam Malik at ten, and was authorized to give formal legal opinion (fatwa) at the age of fifteen by his sheikh, Muslim ibn Khalid al-Zinji, the mufti of Mecca. He traveled to Medina and studied under Imam Malik, and then to Baghdad, where he was the student of Imam Muhammad ibn Hasan Shaybani, the colleague of Abu Hanifah. In Baghdad, Imam Shafi’i produced his first school of jurisprudence (al-madhhab al-qadim), but when the persecution arose over the uncreatedness of the Koran, he spoke to Ahmad ibn Hanbal, and they mutually agreed that rather than risk the loss of both of Islam’s living mujtahids, they should part company, Shafi’i traveling with his book sand belongings to Cairo, and Ahmad remaining in Iraq. It was in Cairo that in the astonishing space of only four years, Shafi’i conceived and edited a second, entirely new school of jurisprudence (al-madhhab al-jadid), embodied in his seven-volume al-Umm [the mother].
The Imam and his legacy are monumental. His al-Risala [the letter] was the first work in the history of mankind to investigate the theoretical and practical bases of jurisprudence. In Koranic exegesis, he was the first to formulate the principles of the science of which verses abrogate others and which are abrogated (‘ilm al-nasikh wa al-mansukh). His knowledge of the Koran and sunna and of the accord between the different elements of each and the conditionality and explanation of some by others were incomparable. His Arabic style and diction were recorded and used as lexical evidence by later grammarians and lexicologists, and despite his surpassing eloquence in the language, being Arabic in tongue, residence, and historical epoch, he studied it in depth for twenty years, and through the medium of it grasped the Koran and sunna. He paved the way for the enormous importance attached by subsequent generations of Muslims to the study of the prophetic hadith, as reflected in the fact that most of the Imams in the field were of his school, including Bukhari, Muslim, Abu Dawud, Tirmidhi, Nasai’, Ibn Majah, Bayhaqi, al- Hakim, Abu Nu’aym, Ibn Hibban, Daraqutni, Ibn Khuzayma, Ibn Salah, al-‘Iraqi, Suyuti, Dhahabi, Ibn Kathir, Nur al-Din Haythami, Mundhiri, Nawawi, Taqi al-Din Subki, and others. Imam Muhammad ibn Hasan Shaybani said of him, “If the scholars of hadith speak, it is in the language of Shafi’i,” and Hasan ibn Muhammad Za’frani observed, “The scholars of hadith were asleep and awoke when Shafi’i woke them.” Imam Ahmad said, “No one touches an inkwell or pen with his hand, save that he owes a debt to Shafi’i.”
By the time Shafi’I reached Cairo in A.H. 199, his fame had spread to the horizons, scholars form all parts of the Muslim world traveled to hear him, and his student and scribe Rabi’ ibn Sulayman was to say, “I have seen seven hundred riding camels tethered at Shafi’i’s door, belonging to those who came to hear him exposit his writings.” The author of some 113 works, it was nonetheless Shafi’i’s hope that “people would learn from this knowledge without ascribing a single letter of it to me,” and as Zakariyya Ansari remarked, “Allah granted his wish, for one seldom hears any position of his, save that it is ascribed to others of his school with the words, ‘Rafi’i, or Nawawi, or Zarkashi says …’ and the like.” Of proverbial generosity, it is recorded that when he once brought ten thousand dinars from Yemen, he pitched a tent outside of Mecca and had given I all away to passersby before the day ended. He was moderate in dress, and his ring bore the inscription, “Allah suffices Muhammad ibn Idris as a reliance.” He once said, “Knowledge is not what is memorized, but only what benefits,” and this conviction imbued his
personal religious life, for he divided his night into three parts, in the first of which he would write, in the second pray, and in the third sleep. He recited the entire Koran each day at prayer, and twice a day in Ramadan. When a remark was once made to him about using a walking stick, he said, “I do it to remind myself that I am on a journey out of this life.” A man of intense spiritual presence who could truthfully say of himself, “I have never told a lie,” his students werew in such awe of him that hty could not take a drink of water while he was looking on. Among his pupils were a number of the Imams of the time such as Ahmad, Rabi’ ibn Sulayman, al-Muzani, Dawud ibn Khalaf al-Zahiri, and others. He studied and taught Sacred Law in Cairo until his death at fifty-three years of age in 204/820, the end of a lifetime of service to Islam and the Muslims by one fo the greatest in knowledge of the Koran and sunna (al-A’lam, 6.26; al- Majmu’, 1.8-10; ‘Umdat al-salik, 9-10, al-Tabaqat al-kubra 1.50-52; and Nuh Ha Mim Keller). Imam Ahmad is Ahmad ibn Muhammed ibn Hanbal ibn Hilal ibn Asad, Abu ‘Abdullah al- Shaybani, Imam of Ahl al-Sunna, born in 164/780 in Baghdad, where he grew up as an orphan. For sixteen years he traveled in pursuit of the knowledge of hadith, to Kufa, Basra, Mecca, Medina, Yemen, Damascus, Morocco, Algeria, Persia, and Khurasan, memorizing one hundred thousand hadiths, thirty thousand of which he recorded in his Musnad [Ascribed traditions]. Imam Ahmad was among the most outstanding students of Shafi’i, who, when he left Baghdad for Egypt, said, “In departing from Baghdad, I have left no one in it more god-fearing, learned in Sacred Law, abstinent, pious, or knowledgeable than Ibn Hanbal”.
Out of piety, Imam Ahmad never gave a formal legal opinion (fatwa) while Shafi’i was in Iraq, and when he later formulated his school of jurisprudence, he mainly drew on explicit texts form the Koran, hadith, and scholarly consensus, with relatively little expansion form analogical reasoning (qiyas). He was probably the most learned in the sciences of hadith of the four great Imams of Sacred Law, and his students included many of the foremost scholars of hadith. Abu Dawud said of him: “Ahmad’s gatherings were gatherings of the afterlife: none of this world was mentioned. Never once did I hear him mention this worldly thing”. And Abu Zur’a said: “Ahmad was even greater that Ishaq [Rahaway] and more knowledgeable in jurisprudence. I never saw anyone more perfect than Ahmad”. He never once missed praying in the night, and used to recite the entire Koran daily. He said, “I saw the Lord of Power in my sleep, and said, ‘O Lord, what is the best act through which those near to You draw nearer?’ and He answered, ‘Through [reciting] My word, O Ahmad.’ I asked, ‘With understanding, or without?’ and He answered, ‘With understanding and without.’“ Ibrahim al-Harbi noted of Ahmad, “It is as though Allah gathered in him the combined knowledge of the first and the last.”
Ahmad was imprisoned and tortured for twenty-eight months under the Abbasid caliph al- Mu’tasim in an effort to force him to publicly espouse the Mu’tazilite position that the Holy Koran was created, but the Imam bore up unflinchingly under the persecution and refused to renounce the belief of Ahl al-Sunna that the Koran is the uncreated word of Allah, after which Allah delivered and vindicated him. When Ahmad died in 241/855, he was accompanied to his resting place by a funeral procession of eight hundred thousand men and sixty thousand women, marking the departure of the last of the four great mujtahid Imams of Islam (al-A’lam, 1.203; Siyar a’lam al-nubala’, 11.198-99; al-Tabaqat al-kubra, 1.55; al-Targhib wa al-tarhib, 1.17; Nuh Ha Mim Keller) Download 95.77 Kb. Do'stlaringiz bilan baham: 
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