Waraqaat

Al Waraqāt: Sh. Tariq Appleby Alkauthar Student Guild SG1 Term 6

This translation of al-Juwaynī's Al Waraqāt is based on a translation of Jalāl al-Dīn al-Maḥallī's commentary and is available online. First edition Ramadan 1432/August 2011 Reproduction permitted for non-commercial use provided no changes are made to content, structure or format of the text. All moral rights asserted. Please send corrections or clarifications to [email protected]

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Imām al Haramain Al Juwaynī

ابوالمعالی عبدالملک بن عبداهللا بن يوسف امام الحرمين جوينی

Al Waraqāt قاترالو

In the Name of Allāh, Most Merciful and Compassionate

بسم اهللا الرحمن الرحيم

Author’s Introduction

These pages [waraqāt] comprise some of the topics of jurisprudence.

المقدمة

.هذه ورقات تشتمل على معرفة فصول من أصول الفقه

Usūl al Fiqh أصول الفقه

This term refers to the science of the principles of Islamic jurisprudence, by which Islamic law is derived.

The Benefits of Usūl al Fiqh

▪ It enables us to deal with new issues which may not have been present at the time of the Prophet or the companions or the scholars who came after them, where there is no clear text on the matter. By understanding the principles by which rulings are derived from the Qur’ān and Sunnah and the maqāsid or goals and purposes of the Shari‘ah, we can draw rulings for these issues.

▪ It enables us to give tarjīh or preference to the stronger opinion where there are a number of opinions among the scholars on issues of fiqh, through knowledge and sound academic research and analysis. This ability is based on an understanding of what can be used as evidence, its conditions, the relative strength of various forms of evidence, and an understanding of how the scholars have come to their opinions.

▪ It enables us to identify, avoid and refute innovations in the religion and corruptions of the original message of the Prophet . For example, we can analyse and refute claims that certain aspects of the Shari‘ah no longer apply through an understanding of the limits on the extent to which and the reason why rulings can be abrogated and who has the authority to set aside rulings.

▪ It enables us to understand the ‘illa or reason behind certain rulings. This is not a condition for acting upon a practice, for as Muslims our first duty is to submit to the will of Allāh . However, understanding the ‘illa does enable us to appreciate the wisdom of the Shari‘ah and assists in the effort to derive new rulings where required through qiyās or analogical reasoning.

The Ruling on studying Usūl al Fiqh

The study of usūl al fiqh is a fard kifāyah or a communal obligation; this is an obligation addressed to the community as a whole but if some members fulfil the requirement, the others are absolved of it.

The Evolution of Usūl al Fiqh

At the time of the companions, they intuitively understood the nature of the rulings of Islām as they were present at the time of revelation and understood the context and causes of revelation, were taught directly by the Prophet , and understood the Arabic language in the same manner as him (note that linguistic differences comprise a large proportion - some scholars state up to a third - of the issues arising in usūl al fiqh).

Imām Shafi is credited with being the founder of the science of usūl al fiqh by codifying and documenting in his Ar Risālah what his predecessors had been applying and discussing prior to that. These principles were well known and widely implemented in general, but it is often the case that drafting actual rules and guidelines is a more substantial task than the practice of those rules and guidelines. Ar Risālah was a letter to one of his contemporaries, the muhaddith Abdur Rahmān ibn Mahdi al Lu‘lu‘i, who wanted to know the principles which a scholar required to properly understand the Qur’ān and the ahadith.

Al Waraqāt: Sh. Tariq Appleby Alkauthar Student Guild SG1 Term 6 Imām Shafi had grown up among the Bedouin, who at that time were the custodians of the pure Arabic in use at the time of the Prophet , and was therefore very well versed in the Arabic language and many students came to his fiqh classes in order to just benefit from his linguistic skills.

After Imām Shafi’s initial groundwork, further contributions were made by subsequent scholars, which lead to an initial division of the science into two schools of thought, although later on a synthesis was achieved in a third school:

i. The methodology of Shafi’s and those who agreed with them, such as the Malikis and Hanbalis. Their approach was to analyse the Qur’ān and Sunnah and deduce from this thorough study of the evidences the principles by which they can be understood and rulings derived.

A benefit of this approach is that they go straight to the sources and therefore there is no element of taqlīd of specific (fallible) personalities. However, this approach can be quite academic and lack a practical aspect, therefore one finds that their books lack many examples.

Texts which relate to this school of thought include:

▪ Al Burhān by Juwaynī; it is a comprehensive study of usūl al fiqh but lacks a multitude of examples.

▪ Al Mustasfa by Imām Ghazāli, which is a very beneficial book and has been summarised or commented by other scholars. Ibn Qudāmah al Hanbali summarised, commented and checked this text in a book entitled Rawdat an Nādir, which is the textbook on usūl al fiqh which is taught at the Islamic University of Madīnah and other universities.

They are often termed the mutakalimūn or those who engage in scholastic theology, although this is a term which is also applied to the Ashā’irah, Maturiydiyyah and Mu‘tazilah schools of aqīdah.

ii. The methodology of the hanifiyyah. Their approach was to look at the fatāwa and rulings of their main scholars, such as Abū Hanifa and his two students Abū Yusuf and Muhammad ibn Hasan ash Shaibani, and deduce through careful study of their opinions the principles by which rulings are derived.

A benefit of this approach is that there is a practical aspect to the subject and it indirectly teaches one a great deal of fiqh. However, one is now attached to the limited product of fallible individuals, therefore the scope for flexibility and further academic research is restricted and the attachment to personalities encourages partisanship. Instead we should attach ourselves not to the personalities but to the texts and values which they attached themselves to and lived for.

Texts which relate to this school of thought include:

▪ Usūl al Bazdawī which is taught at various institutions.

▪ Usūl ash Shāshi which is taught in many ‘Dar ul Ulooms’.

They are also referred to as following the way of the fuquha, a term which is a reference to the fact that the Hanafi school arose out of the school of Ra’i or opinion in Iraq.

The key difference is therefore what each school took as its basis, with the majority taking the Qur’ān and Sunnah as foundation, whereas the Hanafis taking the rulings of their founding scholars. Each approach might often, but not always, reach the same conclusion.

Example: Each school would respond to the following verse in a different manner:

…nο 4θn=¢Á9$# (#θßϑŠ Ï%r& uρ …and establish the prayer… Al Baqarah 2:110 (one of a number of examples)

The Shafis would consider this verse to be a command (as it is in the imperative tense in Arabic) and therefore (as it is a command) it is obligatory to obey it. The Hanafis acknowledge that the ruling from their scholars is that salāh is compulsory, and understand that therefore their scholars must have come to that ruling as they considered a command in Arabic to denote obligation.

Texts which seek to join between the two schools include:

▪ Al Bahra al Muhīt by al Zarkashi, who was a Shafi scholar but discusses both schools approach to each issue.

▪ Irshād al Fuhul by ash Shaukani; in this book the author gives preference to one opinion over the other in each issue or sets out the authors own opinion contrary to both schools.

Al Waraqāt and its Author

The author is Abū Ma‘liy ‘Abd al Malik ibn ‘Abdullāh ibn Yūsuf Imām al Haramain al Juwaynī an Naisapuri (419-477 or 478 AH /1028-1085 CE). His father was one of the main Shafi scholars at that time and held that the person who fabricated ahadith against the Prophet had left the fold of Islām.

At a young age he travelled to Baghdād at a time when it was a global centre of learning, thereafter staying in Makkah and Madīnah for four years, where he studied and also lead the people in prayer; this is why he was given the title Imām al Haramain.

The author was one of the major ash‘ari scholars in his aqīdah and one of its main promulgators and promoters; however our approach is one of justice, fairness and academic impartiality and therefore we can take what is beneficial and correct from his work and whatever we find that is not in accordance with the Qur’ān and the Sunnah,

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Al Waraqāt: Sh. Tariq Appleby Alkauthar Student Guild SG1 Term 6 or with the understanding of those whom Allāh has commended and endorsed (i.e. the companions), can be rejected.

The book has come to be entitled Al Waraqāt, the meaning of which is ‘pages’ (م waraqah); however, the Imām never gave the work a title himself - this title derives from the Imām’s statement in the introduction that ‘these are a few pages’ on usūl al fiqh. It contains only very few questionable points made due to the author’s aqīdah.

There are a number of explanations, commentaries and other works based on this text, including:

▪ the brief explanation by Jalāl ad Dīn al Mahalli;

▪ the more extensive explanation by Al Qāsim al ‘Abādi, based on the explanation of Jalāl ad Dīn al Mahalli; and

▪ the versification by Sharaf ad Dīn al ‘Amriti of the text into approximately 200 verses.

The introduction states that the text constitutes a few pages, indicating that the text will be concise. It does not state the purpose for which the text was written, although some scholars expect it was written to educate people about extracting rulings from the Qur’ān and Sunnah.

The Meanings Of “base,” “branch,” and “understanding”

• The phrase “jurisprudence” [uṣūl al-fiqh] is composed of two individual components.

The reference to the mudāf/mudāf ilayhi grammatical construction is for the benefit of the beginner.

• The word “base” [م aṣl, ج uṣūl] is a thing upon which another thing is built.

Linguistically, asl is the foundation or basis for anything e.g. roots of a tree, or its origin, cause or reason.

Technically, asl in general means principle or axiom, but has a number of forms of usage in the Shari‘ah:

▪ a synonym for a proof or evidence e.g. a particular hadith on a matter

▪ a basis or position in an issue e.g. the asl for fajr is that it comprises two rak‘ah of salāh

▪ a constant principle e.g. all seafood is halāl to eat

▪ it is the original ruling upon which one makes qiyās e.g. wine as an intoxicant compared with narcotics.

The term usūl is therefore a reference to a foundation or base set of principles.

• The word “branch” [م far‘, ج furū‘] is a thing that is built upon another thing.

Linguistically, far‘ means twig, branch, derivative, subdivision, subsidiary. Legally, furū‘ can refer to the branches of fiqh generally, and far‘ is used to refer to the secondary case whose ruling is established by qiyās on an original ruling. This is set out as matters are best understood through their opposites.

• The word “fiqh” is knowing the legal rulings which are reached through ijtihād.

Linguistically, fiqh means understanding, comprehension, knowledge.

Technically, it means knowledge of the practical rulings (of the Shari‘ah) with its detailed proofs. This applies primarily to legal rulings rather than linguistic or grammatical rulings, and excludes theological rulings (i.e. concerning aqīdah) as there is no scope for ijtihād or independent reasoning when it comes to beliefs. Many scholars contend that true fiqh is the understanding of the complicated and detailed aspects of fiqh.

األصل والفرع والفقه

يبنى عليه غيره،فاألصل ما: وذلك مؤلف من جزأين مفردين

.والفرع ما يبنى على غيره

.معرفة األحكام الشرعية التي طريقها االجتهاد: والفقه

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Categories of Rulings [م hukm, ج ahkām]

There are seven rulings:

1. Obligatory [wājib]: obligatory is anything for which one is rewarded if performed for the

sake of Allāh alone, and punished for if omitted.

The definition of wājib is that which the Shari‘ah has commanded in an unequivocal manner. The author has instead set out the consequence of a wājib act.

The process by which an action becomes obligatory is known as ījāb, whereas the act itself is known as wājib.

2. Recommended [mandūb]: recommended is anything for which one is rewarded for if

performed for the sake of Allāh alone, yet not punished for if omitted.

The definition of mandūb is that which the Shari‘ah has commanded in an equivocal manner, so that it is understood that Allāh does not intend for the action to be compulsory but rather Allāh is encouraging us to perform that action. The author has instead set out the consequence of a mandūb act.

The process by which an action becomes recommended is known as nadb, the linguistic meaning of which is to invite to an action. There are a number of synonyms used for this term, including sunnah, nafl, mustahab and tatawwa‘.

3. Permissible [mubāḥ]: permissible is anything for which one is neither rewarded if

performed, nor punished for if omitted.

The definition of mubāh is that which is not subject to any command or prohibition, or those matters on which the Shari‘ah has not given particular instructions. The author has instead given the consequence of a mubāh act.

The process by which an action becomes recommended is known as al ibāhah, whereas the act itself is known as being mubāh.

Although some scholars have commented that this is not a formal ruling and therefore does not need to be included in this categorisation, it is nevertheless important as it provides a clear term for where there is no shari’i ruling on a matter.

4. forbidden [maḥẓūr]: forbidden is anything for which one is rewarded if omitted for the

sake of Allāh alone and punished for if performed.

The definition of muharram is that which Allāh has explicitly prohibited; the author has instead set out the consequences of a muharram act.

The process by which an action becomes prohibited is known as tahrīm, whereas the act itself is known as harām or muharram, terms which are synonymous with the term mahzūr.

If a person refrains from the muharramāt due to the sake of Allāh he will be rewarded, but if a person refrains from sin for some external reason (e.g. inability) they will be punished for their attempt or intention.

The proof for this is the hadith of the Prophet : “‘When two Muslims confront one another with their swords, the slayer and the slain will both be in the Fire.’ I said, or it was said: ‘O Messenger of Allāh (we understand about the slayer), but what about the slain?’ He said: ‘He wanted to kill his companion’ Bukhāri 7083 and Muslim [7252] 14 (2888).

The slain person omitted to perform a harām act (the killing of his opponent) but was punished rather than being rewarded for this he was not able to perform the harām act due to external circumstances (being killed by his opponent first) rather than being omitted for the sake of Allāh .

5. offensive [makrūh]: offensive is anything for which one is rewarded if omitted for the

sake of Allāh alone, yet not punished for if performed.

The definition of makrūh is that which the Shari‘ah has prohibited in an equivocal manner, so that one is not obligated to avoid it but nevertheless is discouraged from such an act. The author has instead given the consequence of a makrūh act.

The process by which an action becomes disliked is known as karāhah, whereas the act itself is known as makrūh.

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One is only rewarded if one avoids the makrūhāt for the sake of Allāh alone. The commission of mukrūh acts however, leads to the commission of harām acts as one becomes desensitised to and have less respect for the instructions and guidance of the Prophet .

And let those who oppose the Messenger's Commandment beware, lest some Fitnah befall them or a painful torment be inflicted on them. An Nūr 24:63

6. sound [ṣaḥīḥ]: the valid is anything upon which completeness hinges, and [that which]

is of consequence.

This is a ruling applied to an act after it has been completed in accordance with all its pre-conditions and its arkān (pillars or integral parts) and its wājibāt (compulsory aspects). The process of determining something to be valid is known as as sihah.

7. invalid [bāṭil]: the invalid is anything upon which completeness does not hinge, and is

of no consequence.

This is the ruling applied to an act which has not been completed in accordance with its pre-conditions and its arkān (pillars or integral parts) and its wājibāt (compulsory aspects) e.g. prayer without wudū’, or the sale of an item by a person which does not have the right to sell that item. Where this act was performed in order to meet a particular responsibility, it must be re-performed in the correct manner. The process of determining something to be invalid is al butlān.

The terms set out by the author are not used by the usūliyyūn (i.e. in the study of usūl al fiqh) but are terms adopted by the fuqaha (i.e. in the study and application of fiqh), as these are terms concerning the substance of the final ruling itself rather than the process by which the ruling is reached. For example, the faqīh is interested as to whether a particular act is compulsory or not, whereas the usūli is interested in how things become compulsory. The inclusion of these fiqhī terms here is merely to assist the beginner rather than confuse them initially with the equivalent technical terms in usūl al fiqh.

Where something has been ordered by Allāh , this may be directly through the Qur’ān or indirectly through the guidance of the Prophet .

Say (O Muhammad to mankind): “If you (really) love Allāh then follow me, Allāh will love you and forgive you your sins. And Allāh is Oft-Forgiving, Most Merciful.” Say (O Muhammad ): “Obey Allāh and obey the Messenger (Muhammad ).” But if they turn away, then Allāh does not like the disbelievers. Āl ‘Imrān 3:31-32

The reward for such actions are contingent upon them being performed purely for the sake of Allāh . If the intention is in fact to perform something for other than the sake of Allāh , it would in fact be punishable as a form of major shirk, minor shirk or riyā depending on the circumstances.

These rulings can also be categorised in a number of ways, including:

i. Al ahkām at takhlīfiyyah: those rulings where one is subject to a legal responsibility to act upon or refrain from something.

ii. Al ahkām al wadīyyah: those rulings which are signs or indicators that a particular hukm taklifi’ applies. Forms of hukm al wad‘ī include:

▪ As Sabab: the reason or a cause for the ruling for an act, with the technical definition being that which necessitates the existence of something else by its own existence, and necessitates the non-existence of something else by its non-existence.

Examples: the cause of dhuhr becoming compulsory is the movement of the sun beyond the meridian, or the cause of inheritance is a particular blood relationship.

▪ As Shart: the conditions for the validity of an action, with the technical definition being that which necessitates by its absence the absence of something else, but which through its presence has no bearing on the presence of something else. Conditions can either apply to the obligation arising (shart wujūb) or apply to the validity of an action (shart sihah).

Example: in salāh facing the qiblah is a condition for its validity and being sane is a condition for its obligation.

▪ Al Māni‘: the preventative measure which when in place makes the hukm no longer apply. Technically, its existence prevents the existence of another, but its non-existence has no bearing on the presence of something else. These also apply to the obligation arising (māni‘ wujūb) or the obligation being valid (māni‘ sihah).

Example: if a son kills his father, this acts to prevent the son inheriting from his father.

A comprehensive example would be zakāh: the sabab or the cause of zakāh becoming applicable is that one’s wealth reaches the level of the nisāb, the shart is the passing of a year on one’s wealth, and the māni‘ is the existence of a debt.

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األحكام

: واألحكام سبعة

الواجب، .1

والمندوب، .2

اح، والمب .3

والمحظور، .4

والمكروه، .5

والصحيح، .6

. والفاسد .7

.ما يثاب على فعله ويعاقب على ترآه: فالواجب

.ما يثاب على فعله وال يعاقب على ترآه: والمندوب

.ما ال يثاب على فعله وال يعاقب على ترآه: والمباح

.ما يثاب على ترآه ويعاقب على فعله: والمحظور

. وال يعاقب على فعلهما يثاب على ترآه: والمكروه

.ما يتعلق به النفوذ ويعتد به: والصحيح

.ما ال يتعلق به النفوذ وال يعتد به: والباطل

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Clarifying the meanings of knowledge, suspicion, and doubt etc.

• Fiqh is more constrained than knowledge [‘ilm]. The word “‘ilm” [means] knowing

knowledge as it is in reality.

Fiqh is the understanding of Islamic rulings (particularly the complicated and difficult matters) and is specific to a particular field, whereas ilm can include a number of branches such as grammar, tafsīr or secular sciences. Knowledge is only knowledge if it is accurate and correct.

• Ignorance [jahl] is conceptualizing something contrary to what it is in reality.

Jahl is of two types:

i. Jahl basīt: simple ignorance i.e. the lack of knowledge about a matter. For example, where a person does not know what a pen is.

ii. Jahl murakkab: compounded ignorance i.e. mistaken knowledge so that the person is also ignorant of their mistake. For example, where a person sees a pen but thinks it is a screwdriver.

• Compulsory knowledge [al-‘ilm al-ḍarūrī] is that which does not depend on pondering

and evidence or investigation or experimentation, whereas acquired knowledge [al-‘ilm al-

muktasab] depends on pondering and inference.

Ilm al darūri is that which is known by itself without the need for further investigation or experimentation. It is knowledge which is gained through one of the five senses or that which is known through tawātur means (that which so many people have narrated, it is impossible that they gathered together upon a lie or mistake). It is a form of knowledge which cannot be denied and is similar to the concept of ‘deductive’ knowledge.

Ilm al muktasab is that knowledge which is obtained or gathered through investigation, experimentation or enquiry. It is a form of knowledge which is speculative and is similar to the concept of ‘inductive’ knowledge.

• Pondering [naẓr] is contemplating the state of the object of contemplation.

Nazr is the process of investigation or experimentation concerning something.

• Inference [istidlāl] is seeking evidence [al-dalīl].

• Evidence [al-dalīl] is what guides to what is being sought.

One should adopt an evidence-based approach, so that one is lead by the evidence to one’s conclusion, rather than adopting a conclusion and finding evidence to support it.

• Probable [ẓann] is when two matters are possible, with one being more likely [aẓhar]

than the other.

Zann is where something is more probable than any alternative.

• Doubt [shakk] is when two matters are possible, while neither possesses something

distinguishing it over the other.

Shakk is where two matters are equally probable e.g. where one is ‘50:50’ with regards to whether one has wudū’ or not.

العلم والجهل والشك

.والفقه أخص من العلم

.والعلم معرفة المعلوم على ما هو به في الواقع

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.تصور الشيء على خالف ما هو به في الواقع: والجهل

.والعلم الضروري ما ال يقع عن نظر واستدالل، آالعلم الواقع بإحدى الحواس الخمس

.النظر واالستداللوأما العلم المكتسب فهو الموقوف على

.والنظر هو الفكر في حال المنظور فيه

.واالستدالل طلب الدليل

.والدليل هو المرشد إلى المطلوب

.والظن تجويز أمرين أحدهما أظهر من اآلخر

.والشك تجويز أمرين ال مزية ألحدهما على اآلخر

The Meaning of Jurisprudence

Jurisprudence [uṣūl al-fiqh, lit. the foundations of understanding] is the ways of fiqh, in

abstract, and the manner in which they (evidences) are used to guide.

The Definition of Usūl al fiqh

Usūl al fiqh is the science by which the following is known:

i. the evidence or dalīl;

ii. the person extracting the ruling from the evidence (the mujtahid); and

iii. the person who will benefit from the ruling which is extracted from the evidence (the muqallid).

أصول الفقه

.طرقه على سبيل اإلجمال وآيفية االستدالل بها: وأصول الفقه

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Clarifying the Topics of Jurisprudence

The topics of jurisprudence are:

1. categories of phrases [aqsām al-kalām]

2. commands and prohibitions [al-amr wa al-nahī]

3. general and particular applicability [al-‘ām wa al-khāṣṣ]

4. ambiguous and clarified [al-mujmal wa al-mubayyan]

5. probable legal significance [al-ẓāhir]

6. actions of the Prophet [al-af‘āl]

7. the abrogating and the abrogated [al-nāsikh wa al-mansūkh]

8. scholarly consensus [al-ijmā‘]

9. declaratives and reports regarding the sunnah of the Prophet [al-akhbār]

10. analogical reasoning [al-qiyyās]

11. [the default of] prohibition and permissibility [al-ḥaẓr wa al-ibūḥa]

12. the order in which evidence is cited [tartīb al-adilla]

13. the attributes of those who give legal verdicts and their petitioners [ṣifāt al-muftī wa al-mustaftī],

14. and rules pertaining to personal reasoning [aḥkām al-mujtahidīn].

أبواب أصول الفقه

.طرقه على سبيل اإلجمال وآيفية االستدالل بها: وأصول الفقه

:وأبواب أصول الفقه أقسام

الكالم، .1

واألمر، والنهي، .2

والعام، والخاص، .3

والمجمل، والمبين، .4

والظاهر، .5

واألفعال، .6

والناسخ، والمنسوخ، .7

إلجماع، وا .8

واألخبار، .9

والقياس، .10

والحظر واإلباحة، .11

وترتيب األدلة، .12

وصفة المفتي والمستفتي، .13

. وأحكام المجتهدين .14

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Categories of Phrases

The bare minimum from which a phrase can be composed is

1. two nouns (ism), e.g. ‘this is a house’ <هاذا بيت>, where ‘this’ is a demonstrative noun or ism al ishārah.

2. one noun (ism) and one verb (fi‘l), e.g. ‘Muhammad came’ <جاء محمد>

3. one verb (fi‘l) and one particle (harf), e.g. ‘he did not stand’ <ما قام> or

4. one noun (ism) and one particle (harf), e.g. ‘O Allāh’ <يا اهللا>

Phrases divide into:

1. orders (amr - seeking that something be done) and prohibitions (an nahī - seeking that something be

refrained from),

2. declaratives (khabr - a phrase which could be true or false, verification of which requires some external

evidence or investigation e.g. ‘Khālid travelled’), and

3. interrogatives (istikhbār - a question seeking a khabr e.g. ‘Where is Muhammad?’).

Phrases also divide into:

1. tamanin (fancy), a statement which comprises of a wish or hope e.g. ‘if only I had some funds for hajj’

2. ‘araḍ (urging, suggesting), gently suggestion e.g. ‘would you not stay with us?’

3. and oaths. e.g. ‘I swear by Allāh I will perform hajj’

This is not exhaustive of the classifications of phrases but the matters above are set out by the author in order to aid the understanding of the beginner.

الكالم وأقسامه

:فأما أقسام الكالم، فأقل ما يترتب منه الكالم

اسمان، .1

أو اسم وفعل، .2

أو فعل وحرف، .3

. أو اسم وحرف .4

والكالم ينقسم إلى

أمر ونهي .1

وخبر .2

واستخبار، .3

وينقسم أيضا إلى

تمن .1

وعرض .2

. وقسم .3

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Clarifying the Literal and the Metaphorical

From another perspective, phrases divide into:

1. Literal [al-haqīqah]:

i. that whose usage remains according to its original meaning [mawḍū‘]

Example: the use of ‘lion’ to refer to the large carnivorous feline mammal with a tawny-coloured coat, tufted tail and in the male, a heavy mane around the neck and shoulders.

ii. that which is used according to the convention of the audience or speakers.

Example: although the haqīqi meaning of ‘salāh’ < ةصال > is du’a, the Islamic convention is that it refers to prayer.

Literal phrases are either:

i. linguistic [lughwī],

Example: siyām literally means abstention, as can be seen from the following verse revealed in relation to the response of Maryam following the birth of ‘Īsā : …and if you see any human being, say: 'Verily! I have vowed a fast (‘saum’) unto the Most Gracious so I shall not speak to any human being this day.’ Maryam 19:26

ii. legal [shari’i],

Example: siyām according to the shari‘ah refers to fasting and abstaining from that which breaks one’s fast from a specific person during a specific time.

iii. conventional (customary) [‘urfī].

Example: dabb is a word used for any animal which crawls or walks on the earth but according to the custom of the speakers of Arabic, its meaning has come to mean four-legged livestock. In some areas it has even taken on the meaning of animals used for transport only.

2. Metaphorical [al-majāz]: that which has exceeded its conventional meaning.

Example: ‘I saw a lion fighting on the battlefield’; this is a reference to a brave and courageous fighter.

Metaphor is by means of either:

i. Addition [ziyādah]: this is the addition of something for a purpose, such as emphasis.

This is like the saying of Allāh :

}§øŠs9 …There is nothing like Him… Ash Shūra 42:11 ⎯Ïμ Î=÷WÏϑ x. Ö™ ï†x« ...

The literal meaning of the wording of the verse would be ‘There is nothing like what is identical to him’ but this is not what is meant as in reality there is nothing identical to Allāh and whether there is anything similar to his similitude is of no theological consequence. This verse instead emphasises the denial that it is possible for there to be any similitude for Allāh .

ii. Deletion [naqṣān]: this is the omission of something, such as a well known or understood aspect.


È≅ t↔ó™uρ And ask (the people of) the town… Yūsuf 12:82 sπ tƒ ös) ø9$# …

What is understood is that one should not ask the ‘village’ but its people. Those who dispute majāzi meanings in the Qur’ān use this as their proof, as the intended meaning is immediately understood from the verse to the extent that it cannot be said to be metaphorical.

11


iii. Transfer [naql]: this is the transfer of meanings from one use to another use.

This is like using the word ghā’iṭ for what a person excretes.

The original meaning of ghā’it was a place with low and depressed ground, which was conducive to defecation as one would not be seen. It then came to be a euphemism for the act defecation itself or for going to the toilet:

÷ρ r& ...or one of you comes after answering the call of nature... Yūsuf 12:82 u™ !$y_ Ó‰ tnr& Ν ä3ΨÏiΒ z⎯ÏiΒ ÅÝÍ←!$tóø9$# ...

Whenever the Prophet came out from the place of answering the call of nature (ghā’it), he used to say “O Allāh! Grant me your forgiveness” (Ghufrānaka) Narrated ‘A’ishah in al Khamsa; Abū Hātim and al Hākim graded it sahīh.

iv. Borrowing [isti‘āra]: this is the borrowing of one meaning in place of another.


# y‰ y uθ sù Then they found therein a wall wanting to collapse…” Al Kahf 18:77 $pκ Ïù # Y‘# y‰ É` ß‰ƒ Ìãƒ βr& Ù s)Ζtƒ …

Clearly a wall cannot ‘want’ as it is not a sentient being; the figurative language is meant to convey that the wall was about to collapse.

The Author does not discuss whether metaphorical interpretations are valid; this is a matter for aqīdah; the correct opinion is that there are metaphors but these cannot be used to change the meanings of words or support unfounded opinions e.g. about the attributes of Allāh .

It is He Who has sent down to you (Muhammad ) the Book (this Qur’ān). In it are Verses that are entirely clear, they are the foundations of the Book; and others not entirely clear. So as for those in whose hearts there is a deviation (from the truth) they follow that which is not entirely clear thereof, seeking Al-Fitnah (polytheism and trials), and seeking for its hidden meanings, but none knows its hidden meanings save Allāh. And those who are firmly grounded in knowledge say: “We believe in it; the whole of it are from Our Lord.” And none receive admonition except men of understanding. Āl ‘Imrān 3:7

حقيقة ومجاز

ومن وجه آخر ينقسم إلى

حقيقة .1

ومجاز، .2

.فيما اصطلح عليه من المخاطبة: فالحقيقة ما بقي في االستعمال على موضوعه، وقيل

.والمجاز ما تجوز به عن موضوعه

والحقيقة

إما لغوية .1

وإما شرعية .2

. وإما عرفية .3

والمجاز إما أن يكون

بزيادة .1

و نقصان أ .2

أو نقل .3

أو استعارة، .4

،)ليس آمثله شيء: (فالمجاز بالزيادة مثل قوله تعالى

،)واسأل القرية: (والمجاز بالنقصان مثل قوله تعالى

والمجاز بالنقل آالغائط فيما يخرج من اإلنسان،

).جدارا يريد أن ينقض: (والمجاز باالستعارة آقوله تعالى

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Amr: Command

• A command [م amr, ج awāmir] is using an utterance to demand an action from an

inferior, in a way that conveys obligation.

▪ As the command must be an utterance, this excludes signals and gestures.

▪ If the persons involved are not in a superior/inferior relationship, the utterance is likely to be a request.

▪ There needs to be no external factors which indicate that the utterance is anything other than an obligation.

Other manners in which something may become obligatory include the following words and their derivatives:

i. The use of the word ‘command’ or ‘order’ <أمر> (’amara)

Verily, Allāh commands justice and the doing of good… An Nahl 16:90

The Prophet said to a visiting delegation: ‘I order you to do four things and I forbid you from four things’1 Bukhāri 523

ii. The use of the word ‘prescribe’ or ‘enjoin’ <فرض> (farada)

Allāh has already ordained (farada) for you (O men), the dissolution of your oaths. And Allāh is your Maula (Lord, or Master, or Protector) and He is the All-Knower, the All-Wise. At Tahrīm 66:2

The Messenger of Allāh prescribed (farada) Zakātul-Fitr as a purification of the fasting person from senseless and obscene talk, and as food for the poor. Whoever fulfils it before the (‘Eid) prayer, it will be an acceptable Zakāt, and whoever fulfils it after the prayer, it will be counted as a Sadaqa (voluntary alms) Ibn ‘Abbās; Abū Dawūd 1609 and Ibn Mājah 1827.

iii. The use of the word ‘obligate’ <وجب> (wajaba)

iv. The use of the word ‘duty’ <حق> (haqqa)

v. The use of the word ‘written <آتب> (kataba)

O you who believe! Observing fasting is written (kutiba) for you as it was written for those before you, that you may become pious. Al Baqarah 2:183

He () said “Allāh has prescribed (kataba) proficiency in all things, so if you kill, kill well, and if you slaughter, slaughter well. Let one of you sharpen his blade and spare suffering to the animal he slaughters” Saddād bin Aws; Muslim [5055] 57 (1955)

A threat of punishment is also an indication that an action is an obligation.

• The verbal form for conveying commands is if‘al (the imperative tense).

Example: … nο 4θ n=¢Á9$# (#θßϑŠ Ï%r& uρ and establish the prayer… Al Baqarah 2:110

• When a command is categorical (itlāq) and free of contextual circumstances, it is

interpreted to convey obligation unless there is evidence indicating that what is

intended is it being recommended (mandūb) or permissibility (mubāh).

The evidence for an utterance being recommended or permissible comprises either some equivocation in the language of the utterance or the context in which the utterance was made.

Example: The Prophet said ‘O you people! Spread the salām, feed (others), and perform salāh while the people are sleeping; you will enter Paradise with (the greeting of) salām’ Tirmidhī 2485

The utterance ‘and perform salāh while the people are sleeping’ is not taken to be a command as we know from other sources that there are only five salawāt in any day. This utterance is therefore a command of encouragement rather than a command of obligation.

#sŒ Î)uρ …But when you finish the ihrām, then hunt… Mā’idah 5:2 ÷Λä⎢ù=n=ym (#ρ ßŠ$ sÜô¹$$ sù Example: …

Hunting is prohibited for the person in ihrām and this verse appears to command the person who ceases to be in a state of ihrām to hunt. However, this verse only returns the ruling back to its original position of being mubāh.

1 The four commandments related to the shahāda, salāh, zakāh and al khums (the 1/5th of the war booty to be distributed according to the Shari‘ah). The four prohibitions related to various utensils used in the production of alcoholic drinks.

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A command does not entail repetition or [performing it] a single time, according to the

sound position, unless there is evidence indicating that repetition is intended.

A command need only be fulfilled once unless there is an indication that it must be repeated:

i. The command may be restricted to once due to an evidence from the Qur’ān or Sunnah e.g. the verse below implies one should repeat the Hajj as it is predicated on ability; the implication being that whenever one is able one must perform Hajj. However, it is the hadith which specifies Hajj as being only required once.

…And Hajj to the House (Ka'bah) is a duty that mankind owes to Allāh, those who can find a way; and whoever disbelieves (i.e. denies Hajj), then Allāh stands not in need of any of the 'Alamīn (mankind and jinns and all that exists) Imrān 3:97

The Messenger of Allāh addressed us and said, “Allāh has made obligatory upon you the Hajj (pilgrimage).” Al Aqra’ bin Hābis then stood up and asked, “Is it to be performed annually, O Messenger of Allāh?” He replied, “If I were to say that it is, it would have become obligatory. However, the Hajj is (to be performed) once (in a lifetime), and any (Hajj) extra is voluntary” Ibn ‘Abbās; Ahmad, Abū Dawūd, an Nasā’i, Ibn Mājah, Bulūgh al Marām (589); its basic meaning is also

reported by Abū Hurayrah in Muslim.

ii. The command may require obedience repeatedly only where certain conditions are met:

…if you are in a state of janāba, purify yourselves... Al Māi’dah 5:6

Therefore whenever one is in a state of janāba one is required to perform ghusl. If one never enters into the state of janāba again, one is never obliged to perform ghusl pursuant to this command (but one would still perform ghusl for other reasons!)

iii. The command is not subject to any external evidences at all, in which case we assume that it is to be performed once only.

Repetition is therefore only where external evidence or dalīl exists or where conditions are specified as per the two cases above.

Commands do not entail immediacy.

Whether or not the command necessitates immediate implementation is subject to a difference of opinion:

i. A command must be fulfilled immediately; this is the stronger opinion due to the following evidences:

▪ The requirement to hasten in the Qur’ān

…So hasten towards all that is good… Al Baqarah 2:148

Race one with another in hastening towards forgiveness from your Lord… Al Hadīd 57:21

▪ A person in authority naturally expects tasks to be done immediately e.g. if one’s parents send one on an errand, they may be irritated if it was not done immediately.

▪ When a command has been immediately implemented, one has absolved oneself of the burden of that command. If one were to delay even though one had an opportunity to carry out that command and then die upon that position, one may die as a sinful person in that respect.

The default rule should be that one should consider the obligation to be immediate unless there is some evidence to indicate that it may be delayed.

ii. A command may be delayed; the evidences for this position includes:

▪ Hajj was obligated in 8AH but the Prophet only performed his Hajj in 10AH, showing that it is permissible to delay the implementation of the command.

However, the scholars mention two possible reasons for this:

▪ The Prophet wanted to avoid the sight of the mushrikīn performing hajj, particularly as some of them would perform tawāf in a state of nakedness. This practice was later prohibited for the mushrikūn and they were barred from the masjid al harām.

▪ The jahiliyyah Arabs had a practice of moving the months around the year in order to accommodate their desires and it is thought that this had occurred in the year 9AH so that the month of hajj was not at its proper time in the year.

‘Ali was known to have stated to the people that they should perform the Hajj immediately upon becoming able to do so, as one does not know when one will die.

The command to bring about the existence of the action is a command to perform it and

everything else required in order for it to be completed.

14

Al Waraqāt: Sh. Tariq Appleby Alkauthar Student Guild SG1 Term 6 All pre-requisites to perform a command also become obligatory:

▪ The command to pray obligates one to fulfil the conditions of prayer e.g. to cover one’s awrah. In order to cover one’s awrah one is obliged to purchase clothing.

This also applies to the mandūb actions:

▪ The recommendation to apply perfume on the day of jumu’ah is indirectly a recommendation to purchase perfume, to the extent that ‘Umar stated that it would not be extravagance if a person were to spend a third of their wealth on perfume.

If the command is performed then the person to whom the command was addressed is

released from the charge laid upon him.

If a person fulfils a command according to its requirements in the Shari‘ah, he is absolved of any liability for fulfilling that command. The reward for fulfilling that command is not secured purely by virtue of fulfilling it, but depends on how one fulfilled that command and with what intention.

The Messenger of Allāh said “Whoever does not abandon falsehood and action in accordance with it and foolishness, Allāh has no need that he should abandon his food and drink” Abū Hurayrah; Bukhāri 1903, Abū Dawūd 2382, Bulūgh al Marām

(538)

Mandūb: Indications that something is recommended

These include:

i. If the Prophet offers encouragement that an act is done.

ii. If the Prophet mentioned a reward for doing that act.

iii. If there is a command but the context negates an obligation.

iv. If the Prophet performed a religious act but there is no indication of obligation.

Makrūh: Indications that something is disliked

These include:

i. If the Prophet mentioned a reward if it is left but there is no evidence for its prohibition.

ii. If an act is prohibited but the context indicates that this is not an absolute obligation to avoid that act.

iii. If the Prophet piously avoided a particular action.

باب األمر

.ل ممن هو دونه على سبيل الوجوبواألمر استدعاء الفعل بالقو

افعل،: وصيغته

.وعند اإلطالق والتجرد عن القرينة تحمل عليه، إال ما دل الدليل على أن المراد منه الندب أو اإلباحة

.وال يقتضي التكرار على الصحيح، إال ما دل الدليل على قصد التكرار

.وال يقتضي الفور

. يتم الفعل إال به، آاألمر بالصالة أمر بالطهارة المؤدية، وإذا فعل يخرج المأمور به عن العهدةواألمر بإيجاد الفعل أمر به وبما ال

15


Whom Commands and Prohibitions Include

The ones who enter into the address of God are the believers.

The commands and prohibitions of Islām are addressed to the believers, and they are the ones who are responsible for fulfilling them.

Those who are absentminded, minors, and insane do not enter into those addressed.

i. Forgetfulness: a person is not held accountable for their forgetfulness with regards to the commands and prohibitions. For example, a person who forgets an element from the prayer and does not realise it, they are not accountable for doing so, but once the realisation arises he should rectify the situation.

The Prophet said, “If anyone forgets a prayer he should offer that prayer when he remembers it. There is no expiation except to offer the same” Anas; Bukhari 597, Muslim [1566] 314 (684), Abu Dawūd 442

ii. Minors: the author uses the word sabīy which refers to a child from the birth to the age of weaning, which is normally two years old. In fact, childhood continues until the age of takhlīf or bulūgh, which is when they reach puberty.

The Messenger of Allāh said, “The pen is lifted from three: from the child until he reaches puberty, from the sleeping person until he awakes, and from the lunatic until he comes to his senses” Abū Dawūd 4402

Children have either reached the age of discernment and are termed mumayyiz, or have not reached that age and are termed ghair mumayyiz. This is where the child is able to understand and perceive matters and differentiate between matters (e.g. the difference between a camel and a horse). There are numerous opinions as to the age of discernment e.g. the age 5 or 7.

▪ The child who is ghair mumayyiz by ijmā has no responsibility upon them.

▪ The child who is mumayyiz is subject to a difference of opinion; one opinion states that they are responsible under the Shari‘ah at this age, whereas the stronger opinion is that such a child is not responsible until they reach the age of puberty.

iii. Insane: the mentally ill and mentally deficient are not held responsible; they are defined as those who do not understand matters in the manner that normal people understand them.


iv. Sleep: a person is not held accountable if they do not fulfil a command or contravene a prohibition due to sleep. For example, a person who sleeps through a prayer is not accountable for doing so, but once they awaken they should rectify the situation. This does not apply where a person intentionally (or recklessly) sleeps in order to avoid the obligation. Another example is where someone talks in his sleep and says words of kufr or curses.

He () said, “There is no negligence in sleep, negligence is only while one is awake. So when one of you forgets a prayer, or sleeps through it, then let him pray when he remembers it” Abū Qatādah; at Tirmidhī 177


Non-believers are addressed by the branch issues of the Sacred Law and by that which

they are invalid without Islam because of the statement of God , “What led you into the

flame?” They will say: “Because we were not of those who prayed...” (Al Muddaththir

74:42-43).

The kuffār are also responsible for fulfilling those secondary obligations of the Shari‘ah which flow from faith (e.g. salāh, Hajj, zakāh etc.) based on the verse above and that such secondary obligations are stated to have been a cause for their entering into the Fire. However, faith is a pre-requisite for such actions being valid in Islām and such people are not expected to perform such obligations in this life by the Islamic authorities.

This is a discussion for usūl ad dīn i.e. the foundations of aqīdah.

16


The command to perform something is a prohibition from performing its opposite. The

prohibition of performing something is a command to perform its opposite.

▪ A commandment to do something is a prohibition from doing any of its opposites.

Example: O you who believe! When you meet (an enemy) force, take a firm stand against them… Al Anfāl 8:45

In this case this is a command to remain steadfast and an implicit prohibition of turning away and fleeing.

▪ A prohibition from doing something allows you to do any of its opposites.

Example: The Messenger of Allāh said: “Do not drink in silver or gold utensils, and do not eat in plates (made from such metals). Indeed such things are for them (the disbelievers) in this world and for you (the believers) in the Hereafter” Hudhaifa bin al Yamān; Bukhari 5426, Muslim [5400] 5 (2067), and Bulūgh al Marām (14).

In this case this is a prohibition of using silver or gold utensils and plates, but one may use them in other ways (e.g. currency) provided there is no other evidence that is relevant to that use.

الذي يدخل في األمر والنهي وما ال يدخل

.المؤمنون: يدخل في خاطب اهللا تعالى

.والساهي والصبي والمجنون غير داخلين

).لم نك من المصلين: قالوا: ( تصح إال به، وهو اإلسالم، لقوله تعالىوالكفار مخاطبون بفروع الشريعة، وبما ال

.واألمر بالشيء نهي عن ضده، والنهي عن الشيء أمر بضده

17


Nahy: Prohibition

A prohibition [م nāhiya, ج nawāhin] is using an utterance to invite—i.e., request—an action

from an inferior, in a way that conveys obligation to abandon.

Where one is prohibited from doing something in the Qur’ān and Sunnah, it is obligatory to abide by that prohibition.

▪ As the prohibition must be an utterance, this excludes signals and gestures.

▪ If the persons involved are not in a superior/inferior relationship, the utterance is likely to be a request.

▪ There needs to be no external factors which indicate that the utterance is anything other than a prohibition.

The terms used to convey prohibition include the following words and phrases and their derivatives:

i. The use of the phrase lā taf‘al < لال تفع > which means ‘do not do’.

And do not come near to zina (unlawful sexual intercourse)… Al Isrā’ 17:32

ii. The use of the word harām <حرام> meaning prohibited or forbidden.

Forbidden to you (for marriage) are… An Nisā’ 4:23

iii. The use of the term nahā <نهى> meaning to prohibit.

The Messenger of Allāh forbade (nahā) fasting on two days, the day of Al-Fitr (breaking the fast of Ramadān) and the day of Al-Adha (offering sacrifices) Abū Sa‘īd Al-Khudri; Bukhāri and Muslim, and Bulūgh al Marām (558)

iv. The use of the phrase lā yahillū <ال يحل> meaning ‘you are not permitted.’

O you who believe! You are forbidden to inherit women against their will… An Nisā’ 4:19

The verbal phrase for imperatives may be mentioned while what is intended is mere

permissibility, a threat, two things being equal, or spontaneous formation [al-takwīn].

النهي

.والنهي استدعاء الترك بالقول ممن هو دونه على سبيل الوجوب، ويدل على فساد المنهي عنه

.وترد صيغة األمر والمراد به اإلباحة والتهديد أو التسوية أو التكوين

Harām: Indications that something is prohibited

These include:

i. The use of the term nahy or prohibition.

ii. The use of the term tahrīm or unlawfulness.

iii. A threat or wa’īd in relation to the act.

iv. Labelling an act in a negative manner e.g. sin, corruption, error, disobedience.

v. The indication of a punishment for that act

vi. Equating that act to another whose prohibition is known.

vii. Indicating that such an act will invalidate one’s deeds.

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‘Ām: General Applicability and Khās: Specific Applicability

General applicability [‘ām ج umūm] is what includes two or more things, from the phrase “I

included Zayd and Omar with the gift,” and “I included men in their entirety with the gift”.

Linguistically: ‘ām means comprehensiveness, generality, and the inclusion of everything.

Technically: ‘ām is used when one is including two or more things, but not when one is including proper nouns or set numbers.

The phrases (of general applicability) are (at least) four:

1. Nouns made definite using the definite article [alif-lām];

¨βÎ) Verily, man is in loss. Al ‘Asr 103:2 z⎯≈ |¡ΣM}$# ’ Å∀s9 Aô£ äz Example:

This verse indicates generality as insān or man is preceded by the definite article.

As a general rule, if the noun can be prefaced by kull <آل> or ‘every’ instead of the definite article <ال>, then the phrase is general. Note if kull prefaces a definite noun it instead means ‘all of’ rather than every i.e. ‘all of the house’ rather than ‘every house’.

2. mass nouns made definite by the definite article;

¨βÎ) …Verily, to us all cattle are alike… Al Baqarah 2:70 ts)t6ø9$# tμt7≈ t±s? $ uΖøŠ n=tã Example:

Definitive collective nouns (e.g. the sheep) are general, as in the example above. A way of distinguishing collective nouns is that one makes them singular by adding a tā’mabūta on the end, in this case <بقرة> or ‘baqaratun’ (a cow).

ÏMt7Î=äñ The Romans have been defeated. Ar Rūm 30:2 ãΠρ”9$# Example:

Another way of making a collective noun singular is by adding a yā <ي> at the end, in this case <رومي> or ‘rumīyun’ (a Roman).

3. ambiguous nouns, like:

• “who” < من > with sentient beings,

∅ tΒuρ And whoever does righteous good deeds… An Nisā’ 4:124 ö≅ yϑ÷ètƒ z⎯ ÏΒ ÏM≈ ys Î=≈ ¢Á9$# Example:

• “what” with non-sentient beings,

°! $ tΒ ’ Îû ÏN≡uθ≈ yϑ¡¡9$# $ tΒuρ ’ Îû ÇÚ ö‘F{ $# Example:

To Allāh belongs all that is in the heavens and all that is on the earth… Al Baqarah 2:284

$ tΒ óΟä.y‰ΨÏã ß‰ xΖtƒ ( $ tΒuρ y‰ΖÏã «! $# 5−$ t/ 3 ⎥ t⎪ Ì“ ôf uΖs9uρ Example:

Whatever is with you, will be exhausted, and whatever is with Allāh (of good deeds) will remain… An Nahl 16:96

• “which” with them both (or all),

¢ΟèO öΝßγ≈ uΖ÷V yèt/ zΟn=÷èuΖÏ9 ‘“r& È⎦÷⎫ t/÷“ Ït ø:$# 4©|Âôm r& $ yϑÏ9 (#þθèWÎ6s9 #Y‰ tΒr& Example:

Then We raised them up (from their sleep), that We might test which of the two parties was best at calculating the time period that they had tarried. Al Kahf 18:12

• “where” with the spatial,

t⎦ø⎪ r' sù Then where are you going? At Takwir 81:26 tβθç7yδõ‹ s? Example:

19


• “when” with the temporal,

4©tL tΒ “When (will come) the help of Allāh?” Al Baqarah 2:214 çóÇnΣ «! $# Example:

• “what” in interrogatives,

Example: “What do you think you are doing?”

• “whatever” with consequences and other things,

Example: “We will have to deal with whatever happens.”

Another example of a general phrase is the term kull <آل> or ‘every/each’

Example: Every soul shall taste death… Ankabut 29:57

4. and the negative with indefinite nouns.

Example: “There is no man in the house”

General applicability is an attribute of utterances (nutq), and it is not permissible to claim

general applicability for actions and other things taking their course.

‘Utterances’ or nutq are texts from the Qur’ān and Sunnah (which by implication have been conveyed verbally) and can be general or specific.

Actions from the Qur’ān and Sunnah cannot be general e.g. the action of the Prophet in praying in the Ka‘bah cannot then be generalised to all prayers (whether wājib, sunnah or nafl).

Specific applicability [khāṣṣ ج khusūs] is the opposite of general applicability.

A text is taken on its general meaning until there is proof that it should be specified.

For example, in the following hadith the companions can be seen understanding zulm in a general sense until the Prophet made its meaning specific:

“When the verse: They who believe and do not mix their belief with injustice… Al An‘ām 6:82 was revealed, we said ‘O Messenger of Allāh! Who is there amongst us who has not done wrong to himself?’ He replied, ‘It is not as you say, for ‘injustice’ in the verse They who believe and do not mix their belief with injustice… means ‘shirk’. Have you not heard Luqman’s saying to his son O my son, do not associate [anything] with Allāh. Indeed, association [with him] is great injustice Luqmān 31:13’” ‘Abdullāh ibn Mas‘ūd; Bukhāri 3360 and Muslim 124

العام والخاص وأقسامهما

.عممت زيدا عمرا بالعطاء، وعممت جميع الناس: ما عم شيئين فصاعدا، من قولهوأما العام فهو

:وألفاظه أربعة

االسم الواحد المعرف بالالم، .1

واسم الجمع المعرف بالالم، .2

واألسماء المبهمة، آـ .3

o ،من فيما يعقل

o ،وما فيما ال يعقل

o ،وأي في الجمع

o ،وأين في المكان

20


o ،ومتى في الزمان

o االستفهام وما في

o ،والجزاء وغيره

. وال في النكرات .4

.والعموم من صفات النطق

.وال تجوز دعوى العموم في غيره من الفعل وما يجري مجراه

.والخاص يقابل العام

21


Specific Applicability

Declaring something particular [takhṣīṣ] is excluding part of the sentence (i.e. ruling).

[Phrases for] declaring something particular are divided into connected and disjointed.

▪ Muttasil or connected is where the specification is in the same verse or hadith

▪ Munfasl or disjointed is where the specification is understood on the basis of evidence from different sources.

Connected includes:

1. istithnā’ or exclusion,

2. shart or conditionals, and

3. sifah or qualification using an attribute.

Exclusion [istithnā’] is removing something (by the preposition illa or any of its sisters) that otherwise would have been included by the phrase.

“Certainly, you shall have no authority over My slaves, except those who follow you of the Ghāwūn (Mushrikūn and those who go astray, criminals, polytheists, and evil-doers).” Al Hijr 15:42

Exclusion is valid only with the condition that something remains from that which the exclusion is being made.

Example: the statement ‘give the boy the money except $10’ contains a valid exclusion, unless the sum total of money is $10, in which case the exclusion no longer makes sense.

One of its conditions is that it be linked to the phrase.

The exclusion is usually made in the same sentence but if it was clear that an exclusion was intended but there was a short break (e.g. the person had a fit of coughing for a minute) the exclusion would still be valid.

It is permissible to put that which is excluded before that from which it is excluded.

Example: “Other than ‘Abdullāh, everyone may leave.”

Stylistically there are not may examples of this in the Qur’ān and Sunnah, if at all.

It is permissible to exclude from the [same] category [jins] and other things.

Example: “I owe this man a thousand gold coins except a garment.”

In this example, the person who owes such sums could subtract the cost of the garment and hand over the balance. However, not all agree that this is possible, such as the Hanbali madhab and Imām al Hiraqi in his Mukhtaser. The correct opinion is that this cannot be done unless it is stipulated in advance.

This type of syntax is adopted by the Qur’ān on occasion, as in the following example the ‘salām’ cannot be considered to be ‘vain speech’:

No vain speech will they hear therein, nor any sinful speech. But only the saying of: Salām!, Salām! (greetings with peace)! Al Wāqi‘ah 56:25-26

Conditionals are permitted to precede (or come after) that which is stipulated by it.

Example of where the condition precedes that which is stipulated:

…And if they are pregnant, then spend on them till they lay down their burden… At Talāq 65:6

Example of where the condition comes after (and also where the condition comes before):

In that which your wives leave, your share is a half if they have no child; but if they leave a child, you get a fourth of that which they leave after payment of legacies that they may have bequeathed or debts… An Nisā’ 4:12

22


التخصيص

:هو ينقسم إلىوالتخصيص تمييز بعض الجملة، و

متصل .1

ومنفصل، .2

فالمتصل

االستثناء .1

والشرط .2

والتقييد بالصفة، .3

. واالستثناء إخراج ما لواله لدخل في الكالم، وإنما يصح بشرط أن يبقى من المستثنى منه شيء .4

.ومن شرطه أن يكون متصال بالكالم

.ويجوز تقديم االستثناء على المستثنى منه

.نس ومن غيرهويجوز االستثناء من الج

.والشرط يجوز أن يتقدم على المشروط

23


Mutlaq (unqualified) and Muqayyid (qualified)

A ruling can be qualified by a particular attribute:

Example: The Messenger of Allāh said: “If somebody sells pollinated date-palms, the fruits will be for the seller unless the buyer stipulates that they be for himself (and the seller agrees)” Bukhāri 2204 and Muslim [3901] 77 (1534)

2

In this example the date palms are qualified by the act of pollination, therefore in a case where the date palms are not so qualified, the ruling in the hadith above does not apply and we take the mutlaq or unqualified meaning that the date-palms now belong to the buyer in totality.

[When] something is qualified by an attribute, the unqualified is interpreted as qualified,

such as a slave girl qualified by “belief” in some places and left unqualified in others—thus

the categorical is interpreted as conforming with the qualified.

i. Where something is qualified in one text by a particular attribute, other references to that thing may be interpreted as being qualified by that same attribute i.e. we should carry the Mutlaq onto the Muqayyid if it is the same ruling.

Example: the Qur’ān states that the expiation for accidental killing is to free a believing slave, whereas in a case of dhihār (a jahiliy practice where someone tells his wife that she his ‘like his mothers back’) the Qur’ān states that the expiation is to free a slave.

It is not for a believer kill a believer except (that it be) by mistake; and whosoever kills a believer by mistake (it is ordained that) he must set free a believing slave and a compensation (blood money i.e. diya) be given to the deceased's family unless they remit it … An Nisā’ 4:92

And those who make unlawful to them (their wives) by Dhihār and wish to free themselves from what they uttered, (the penalty) in that case is the freeing of a slave before they touch each other. That is an admonition to you (so that you may not repeat such an ill thing). And Allāh is All-Aware of what you do. Al Mujādilah 58:3

In the latter case, the freeing of a slave is interpreted as being a reference to a believing slave as both are essentially the same ruling.

ii. If it is a different ruling, one does not carry the Mutlaq upon the Muqayyid; a different ruling may be interpreted by external evidences which specify whether the Mutlaq should be carried upon the Muqayyid.

Example: the verse on wudū’ refers to rubbing one’s hands but qualifies the meaning by stating that this rubbing is up to one’s elbows (as linguistically ‘hands’ refers to one’s hand and arm up to the shoulder), whereas the verse on tayammum merely refers to the hands and is therefore unqualified.

O you who believe! When you intend to offer the prayer, wash your faces and your hands (forearms) up to (and including) the elbows, rub (by passing wet hands over) your heads, and (wash) your feet up to (and including) the ankles… Māi’dah 5:6

…and you find no water, perform tayammum with clean earth and rub therewith your faces and hands an Nisā’ 4:43

In this case, the unqualified reference to hands in the latter verse is not qualified in the same way as the reference to the hands in the former verse. This is because we know from the ahadith that the Prophet did not rub his hands up to the elbows when performing tayammum.

وأطلقت في بعض، فيحمل المطلق على والمقيد بالصفة يحمل عليه المطلق آالرقبة قيدت باإليمان في بعض المواضع

.المقيد

2 The Shaykh reverses the wording in his explanation, may Allāh make us benefit from his knowledge.

24


What Can Be Rendered Specific and By What

These are munfasl forms of taksīs i.e. disjointed specification.

It is permissible for:

1. the Qur’ān to be rendered specific by the Qur’ān,

And divorced women shall wait (as regards their marriage) for three menstrual periods… Al Baqarah 2:228

O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no ‘Iddah [divorce prescribed period] have you to count in respect of them… Al Ahzāb 33:49

The former verse is general i.e. it includes all women including those who have consummated their marriage and those who haven’t. However, in the latter verse, the women who have not consummated their marriage are specified as being excluded from the ruling.

2. the Qur’ān to be rendered specific by the Sunnah,

After setting out the prohibited degrees for marriage, Allāh states:

...All others are lawful, provided you seek (them in marriage) with Mahr (a dowry)… An Nisā’ 4:24

However, the Prophet specified the general rule found in the Qur’ān by stating that a woman is not to be married with her paternal aunt nor her maternal aunt Bukhāri 5108 and Muslim [3436] 33 (1408).

3. the Sunnah to be rendered specific by the Qur’ān.

The Messenger of Allāh said: “I have been commanded to fight the people until they say Lā ilāha illallāh (none is worthy or worship except Allāh)” Bukhāri 392, and also Muslim [124] 32 (20)

…until they pay the Jizyah with willing submission, and feel themselves subdued. At Tawbah 9:29

The hadith on its own would indicate that it was the duty of all Muslims to fight the disbelievers until there are no more disbelievers; however, the Qur’ān in this instance specifies that although in general Muslims should fight the disbelievers until they accept Islām, hostilities can also end if they elect to join the Islamic state and pay the Jizyah.

4. the Sunnah to be rendered specific by the Sunnah;

The Prophet said: “A tenth is payable on what is watered by rain or springs or by underground water, and a twentieth on what is watered by irrigation [through human efforts]” Sālim bin ‘Abdullāh on the authority of his father; Bukhāri, and Bulūgh al

Marām (495a)

The Messenger of Allāh said: “No sadaqa (Zakāt) is payable on less than five awsūq3 of dates or grains” Abū Sa

īd; Muslim, and Bulūgh al Marām (494b)

The requirement to pay zakāh on one’s agricultural produce at the rate of either 10% if reliant on rain water or 5% if reliant on irrigation in the former hadith is specified by the latter ahadith which sets a de minimis level for agricultural products.

5. and utterances to be rendered specific by analogical reasoning (qiyās). By “utterances”

we mean ‘utterances’ from God and the Messenger .

The fornicatress and the fornicator, flog each of them with a hundred stripes… An Nūr 24:2

…and after they have been taken in wedlock, if they commit illegal sexual intercourse, their punishment is half that for free (unmarried) women… An Nisā’ 4:25

The first verse establishes that the punishment for unmarried persons, whether male or female is 100 lashes, whereas the latter verse specifies that the punishment for the female slave is half i.e. 50 lashes. The qiyās involves stating that the punishment for the male slave is also 50 lashes rather than the full 100 lashes, due to the similarity between the female and male slave.

3 There are various opinions on the weight of a single wasq (which is thought to be the equivalent of 60 sā‘) but calculations on the value of five awsūq range from 652.8 to 675 kilograms.

25


وقوع التخصيص

ويجوز تخصيص

الكتاب بالكتاب، .1

وتخصيص الكتاب بالسنة، .2

وتخصيص السنة بالكتاب، .3

وتخصيص السنة بالسنة، .4

. سلموتخصيص النطق بالقياس، ونعني بالنطق قول اهللا تعالى وقول الرسول صلى اهللا عليه وآله و .5

26

Al Waraqāt: Sh. Tariq Appleby Alkauthar Student Guild SG1 Term 6 Significance & Indication

الداللة والبيان

Ambiguity & Clarification

Ambiguity [mujmal] is that which is in need of clarification.

Mujmal

i. The definition of mujmāl according to the Salaf is that which is not sufficient to be acted upon alone i.e. without further elucidation.

Example: And they were not commanded but that they should worship Allāh (alone) making the religion sincerely for him, and to perform prayer, and to give zakāh and that is the right religion. Bayyinah 98:5

On the basis of the above verse alone, one would not know exactly how to perform prayer nor pay zakāh.

ii. The definition of mujmāl according to the usūliyūn is that which has two or more possible meanings, where we have no evidence to indicate which meaning is the correct, preferred or intended meaning.

àM≈ s)=sÜßϑø9$# uρ š∅ óÁ −/utI tƒ £⎯ÎγÅ¡àΡ r' Î/ sπsW≈ n=rO &™ ÿρ ãè% Example: And divorced women shall wait (as regards their marriage) for three qurū’… Al Baqarah 2:228

The term qur’ (ج qurū’) refers either to the menstrual period or to the period of cleanliness between menstrual periods. As the term can have either meaning and one meaning cannot be deemed to have preference over the other, this term falls within the mujmal or ambiguous. It is not to be acted upon until clarified through further evidence, which in this instance indicate that it is the menstrual period itself that is intended.

iii. The causes of ijmāl in the Qur’ān and Sunnah include:

▪ Where there are two or more meanings of a word or phrase and no external evidence is available at present to indicate which is correct.

▪ There is a lack of understanding with regards to how any obligation or ruling is due to be performed.

▪ There is no indication in a text with regards to the quantity e.g. number of circuits in tawāf.

iv. The ruling on those evidences which are mujmal to the person considering them is that such evidences are in a state of suspension until clarification has been achieved by that person i.e. it is not acted upon nor disregarded.

v. Ijmāl applies to both the Qur’ān and the Sunnah

vi. An evidence may be mujmal in one respect but mubayyan from another aspect.

Example: “and give its due right on the day of its harvest”

From this hadith it is mubayyan that there is an obligation to give something, but it is mujmal in terms of amount.

Clarification [al-bayān] is taking something from the realm of ambiguity into the realm of

being evident.

Mubayyān

That which is clarified is the mubayyan and that which clarifies is the mubayyin.

The unequivocal [naṣṣ] is that which can not be interpreted except as having one single

meaning; or: whose interpretation is [just] as it was revealed. It is derived from minaṣṣat

al-‘urūs, which is the platform (of the bride) (i.e. when she sits on that platform everyone knows her).

Nass

i. The definition of nass is that text from the Qur’ān and Sunnah which has only one meaning.

Example: …Whosoever performs the ‘Umrah in the months of Hajj, before (performing) the Hajj, (i.e. Hajj-at-Tamattu’ and Al-Qirān), he must slaughter a Hady such as he can afford, but if he cannot afford it, he should observe Saum (fasts) three days during the Hajj and seven days after his return (to his home), making ten days in all... Al Baqarah 2:196

This verse relates to the person performing hajj but who is not able to afford the sacrifice, in which case they are ordered to fast three days during hajj and seven days when they return home, making ten days in all. This is clear and unequivocal.

ii. The ruling of the nass is that it must be acted upon, unless it transpires that this text had been abrogated.

27


المجمل والبيان

.والمجمل ما يفتقر إلى البيان

.والبيان إخراج الشيء من حيز اإلشكال إلى حيز التجلي

.والمبين هو النص

. الكرسي ما تأويله تنزيله، وهو مشتق من منصة العروس وهو: والنص ما ال يحتمل إال معنى واحدا، وقيل

28


Probabilistic Legal Significance & Interpreted

Probable legal significance [al-dhāhir] is that which can be interpreted in two ways, where

one [interpretation] is more preponderant than the other.

Dhāhir: The Apparent Meaning

There are two definitions of dhāhir

i. It is what is understood from a word according to its original usage even though it is possible for it to have other meanings.

ii. It is whatever has two or meanings, one being more obvious or probable than the others.

Example: “I saw a lion on the battlefield”

In this case it is possible that one saw a lion being an animal, but the more probable meaning is that one saw a brave person based on evidence.

Probable legal significance [dhāhir] is given [figurative] interpretation if there is evidence.

It is called ‘probable through evidence’ [dhāhiran bi-l-dalīl].

Mu‘awal: Interpreted

i. The mu‘awal is the product of ta‘wīl, which is defined in two manners by the salaf:

▪ According to the salaf, the first meaning is the outcome of something or product of something.

tΑ$ s%uρ ÏMt/r' ¯≈ tƒ #x‹≈ yδ ã≅ƒÍρ ù' s? }‘≈ tƒö™ â‘ ⎯ ÏΒ Example: ã≅ ö6s%

…and He said: "O My father! This is the interpretation of my dream aforetime!... Yūsuf 12:100

Yūsuf made this statement after his brothers prostrated in front of him after recognising him i.e. it was the outcome of his dream from before.

▪ According to the salaf, the second meaning is the interpretation or explanation of something.

ii. According to the later scholars, ta‘wīl means to change the obvious meaning of a word to another less obvious meaning of that word on the basis of evidence.

▪ Ta‘wīl can be based on valid evidence:

#sŒ Î) …when you stand to pray… Al Mā’idah 5:6 óΟçFôϑè% ’ n<Î) Íο 4θn=¢Á9$# Example:

The literal meaning would be that the verse (which sets out the obligation to perform wudū’ before prayer) applies only when one gets up to pray (i.e. from a sitting or reclining position) but in fact it applies to whenever one intends to pray as is known from other ahadith and from the context.

▪ Ta‘wīl based on invalid evidence, which can be performed either because the person sincerely considers the evidence to be valid when it is in fact invalid, or where the person has a more sinister intention:

Example: The Messenger of Allāh said “Whichever woman marries without the permission of her walī (guardian) her marriage is invalid, her marriage is invalid, her marriage is invalid…” Tirmidhī 1102

The reference to a ‘woman’ in this verse has been interpreted to mean a woman who has not yet reached the age of takhlīf (i.e. the pre-pubert girl) but this is an interpretation is based on invalid evidence.

▪ Ta‘wīl based on no evidence whatsoever:

¨βÎ) “Verily, Allāh commands you that you slaughter a cow.” Al Baqarah 2:67 ©!$# ôΜä.âßΔù' tƒ βr& (#θçt r2 õ‹ s? Zο ts)t/ Example:

The Shia claim that this ‘cow’ was really ‘A’ishah radiallahu anhā, which is a baseless falsehood.

iii. The conditions for valid ta‘wīl are as follows:

▪ There must be a linguistic basis for that interpretation:

(#θÝ¡nΣ …they have forgotten Allāh, so He has forgotten them… At Tawbah 9:67 ©! $# öΝåκuÅ¡ t⊥ sù Example:

The word nasiya can linguistically mean ‘forget’ but it can also mean to ‘ignore’ or ‘turn away from’. This verse is therefore not interpreted according to its obvious meaning as other verses of the Qur’ān emphasise that Allāh does not forget and that he is free from that deficiency, and it is confirmed as meaning that Allāh ignores or turns away from the people referred to in the verse, being the hypocrites.

29


30

▪ There must be a valid proof for adopting another interpretation:

#sŒ Î* sù |Nù& ts% tβ#u™ öà)ø9$# õ‹ ÏètGó™$$ sù «! $$ Î/ z⎯ ÏΒ Ç⎯≈sÜø‹¤±9$# ÉΟŠ Å_ §9$# Example:

So when you have read the Qur’ān, seek refuge with Allāh from Shaitān (Satan), the outcast (the cursed one). An Nahl 16:98

The literal meaning of this verse is that one should make isti‘ādhah or seeks refuge in Allāh from accursed shaytān after one has finished one’s recitation. However, it is authentically reported that the Prophet would recite the isti‘ādhah before commencing his recitation.

▪ There must be something that necessitates the exercise of taw‘wīl.

The example is as above, which would have otherwise lead to a contradiction between the Qur’ān and the action of the Prophet . In order to avoid such conflict, it is necessary to resort to ta‘wīl.

There must be conditions to limit ta‘wīl as otherwise one will find that those with sinister intentions will try to distort the pristine message of Islām.

الظاهر

أمرين أحدهما أظهر من اآلخر،والظاهر ما احتمل

.ويؤول الظاهر بالدليل، ويسمى ظاهرا بالدليل

Al Waraqāt: Sh. Tariq Appleby Alkauthar Student Guild SG1 Term 6 Actions (and Tacit Approval)

Obeying the Prophet

The actions of the Prophet are a legal evidence in the Shari‘ah due to the verses quoted below and many others4.

O you who believe! Obey Allāh, and obey the Messenger () and render not your deeds in vain. Muhammad 47:33

There are four preliminary points regarding the actions of the Prophet

i. It is compulsory to obey the Prophet .

ii. The Prophet’s actions or statements indicate the ruling on particular matters. For example, the Qur’ān appears to require a person to take two witnesses whenever entering into a commercial contract (2:286), but this was not always the practice of the Prophet which indicates that the verse in the Qur’ān should be understood as a recommendation rather than as an obligation.

iii. There is a difference of opinion on what matters have been made specific to the Prophet and which ones have not, e.g. the Prophet did not pray the janaza prayer for those who had committed suicide or stole from the booty before its distribution. The general rule is that the Prophet is to be followed in everything that he does unless there is evidence to suggest that it is specific to him.

iv. Following the Prophet is in general to do whatever he did for the sole reason that he did it.

This however has its limits as explained below. Misunderstandings on this topic are common, for example, tahnīk (the action of chewing a date and placing it in the mouth of a newborn) is specific to the Prophet in the sense that he was mubarak and that it was permissible to make tabarruk through him or his clothing, sweat, saliva etc. However, pious people other than the Prophet are not mubarak in the same manner, therefore the analogy does not fit as there is a difference between the primary and secondary persons in terms of the ‘illa or reason behind the ruling.

The actions of the Legislator (the sāhib as shari‘ah i.e. the Prophet ) are either in the manner

[wajh] of being acts of worship and obedience, or not.

If no evidence indicates this (i.e. that it is restricted to him ), then the action is not restricted to

him, because God said, In the messenger of Allāh you have a good example for him who

hopes in Allah and the Last Day, and remembers Allah much, (Al Ahzāb 33:21).

[The action] is interpreted as being obligatory according to some of our [Shāfi‘ī]

colleagues. Some of our colleagues opined that one must withhold judgment.

If the action is not in the manner of worship and obedience, then it is interpreted as being

merely permissible.

When there is evidence indicating it being particular to him , then it is interpreted as

being restricted [to him].

The actions of the Prophet (where not accompanied or explained by his statements) can be classified as follows:

i. The Prophet’s appearance and his natural actions and inclinations e.g. his way of walking, standing, sleeping or eating. Following the Prophet in these matters is mubah but if one does do these acts with the intention of following the Prophet one is rewarded for that intention. For example, if someone ate with three fingers because this was his preferred manner of eating this would not be rewarded, but if he did so in order to emulate the Prophet it becomes rewardable. These acts are not acts of worship per se but are known as qurba or means of nearness to Allāh through the intention to emulate the Messenger .

ii. The Prophet’s specific matters are exclusive to him, for example the Prophet married more than 4 women at one time. It is harām for us to follow the Prophet in these actions.

iii. The Prophet’s actions which are meant to be an example to us and explain a ruling to us. These are acts of worship and take on the ruling of the matter being explained unless there is evidence to suggest otherwise.

For example, Hajj is a duty owed to Allāh : …And Hajj to the House (Ka'bah) is a duty that mankind owes to Allāh, those who can find a way… Imrān 3:97. Therefore everything the Prophet did on Hajj is compulsory unless there is an indication that it is not so compulsory.

These principles do not apply to actions which are already fully explained by statements, for example if the Prophet ate with his right hand this might indicate that it is better to eat with one’s right hand but not prohibited to eat with one’s left hand, however, the ruling has in fact been clarified by the Prophet through his statements that one must eat with one’s right hand.

4 See 3:182, 4:13-14, 4:42, 4:59, 4:80, 4:115, 8:12-13, 8:20, 9:71, 24:54, 24:56, 33:36, 48:10, 58:9, and 72:23.

31


The tacit approval [iqrār] of the Legislator of a statement is the statement of the

Legislator , and his endorsement on an action is just as his action.

Taqrīr: Tacit Approval

Whatever practice was done with the knowledge of the Prophet , and the Prophet did not disapprove of it, it is as if the Prophet has approved of it. This is because the Prophet was under an obligation to clarify matters to the people.

Example: We used to pray two rak‘ah after sunset and the Prophet used to see us, but he neither commanded us nor forbade us Anas; Muslim, and also Bulūgh al Marām (286c)

There are therefore two conditions:

i. The Prophet new about the practice due to:

▪ the practice being in front of him e.g. the consumption of the dabb by Khalid bin Walīd ;

▪ the practice was done in his absence e.g. the act of ghīla, which is the act of intercourse with the breastfeeding woman; or

▪ the practice was so widespread among the companions that the Prophet would have known about it e.g. azl or coitus interruptus.

ii. The practice must be the action of the Muslims and not the kuffār.

Tark: Abandonment of an action by the Prophet

Where the Prophet did not do something:

i. If it is explicitly mentioned and narrated by the companions that the Prophet did not do something, then it is sunnah not to do it and bid‘ah to do it.

Example: The Prophet offered the ‘Eid prayer without an adhān or an iqāma Ibn ‘Abbās; Abū Dawūd, and also Bulūgh al Marām

(392) with its basic meaning in Bukhāri

The Prophet never had the adhān or iqāma be given for the Eid prayer therefore to do so now is a bid‘ah.

ii. If it is not reported from the Prophet at all and no comment is made by the companions, then one assess whether the reasons or need for the action existed at the time of the Prophet and whether there was anything preventing him from performing it.

If the Prophet did not do something, and the reasons or need for that existed at his time and nothing prevented the Prophet from doing it, it is likewise sunnah for us to not do it and a bid‘ah if we were to do it.

Example: the practice of mentioning a verbal intention before prayer was never reported from the Prophet , the reasons for doing it existed at his time, and nothing prevented him from so teaching the companions, therefore it is sunnah not to do it and a bid‘ah to do so.

األفعال

.إما أن يكون على وجه القربة والطاعة أو ال يكون: عة ال يخلوفعل صاحب الشري

.فإن آان على وجه القربة والطاعة فإن دل دليل على االختصاص به فيحمل على االختصاص

، فيحمل على الوجوب عند بعض )لقد آان لكم في رسول اهللا أسوة حسنة: (وإن لم يدل ال يختص به، ألن اهللا تعالى قاليتوقف فيه، فإن آان على وجه غير وجه القربة : يحمل على الندب، ومنهم من قال: أصحابنا من قالأصحابنا، ومن

.والطاعة فيحمل على اإلباحة

.وإقرار صاحب الشريعة على القول هو قول صاحب الشريعة، وإقراره على الفعل آفعله

.في مجلسهوما فعل في وقته في غير مجلسه وعلم به ولم ينكره فحكمه حكم ما فعل

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Naskh: Abrogation

The meaning of abrogation [naskh] is “to efface”; one says, “the sun effaced the shadow”

when it removes it. Or, it means “to transfer”, from the saying, “I transferred what was in

the book” when he transfers it in the manner in which it was written.

Definition of Abrogation

Linguistically naskh or abrogation refers to effacing and also transcribing something.

Legally, it is the suspension or replacement of one shari‘i or legal ruling by another shari‘i or legal ruling, provided that the latter is of subsequent origin.

According to the salāf, the term naskh meant more than just abrogation but also meant explanation. Therefore if takhsīs was made of one evidence by another (i.e. one was specified by the other) this was also termed naskh. The commonality between naskh and taskhsīs is that both include the disapplication of the ruling. The benefit of this is that in early books one may see takhsīs referred to as mansūkh.

That which abrogates is the nāsikh (i.e. the active participle) and that which is abrogated is the mansūkh (i.e. the passive participle). The nāsikh is therefore the new ruling and the mansūkh is the previous ruling.

The effect of naskh in its wider meaning includes:

▪ The replacement of one ruling by a contradictory ruling

▪ The replacement of one ruling by a compatible ruling

▪ There are two shari’i ruling simultaneously depending on the circumstances e.g. if a person passes away, there is no abrogation of the ruling as such it merely transfers to a new ruling based on the person’s death.

If we do not know which one came first, then it is not possible to verify that naskh has taken place.

Conditions for naskh:

i. There must be two shari’i rulings, with the latter ruling replacing the former ruling.

ii. The nāsikh must be from the Qur’ān and Sunnah, as only Allāh and his Messenger have the authority to abrogate a ruling. If there is ijmā that abrogation has occurred, the fact that there is ijmā does not constitute the evidence itself, but is merely an indication that there was an underlying evidence from the Qur’ān and Sunnah.

iii. The nāsikh must come after the mansūkh. There are a number of ways of checking the sequence of rulings:

▪ The statement or action of the Prophet himself e.g. “I had forbidden you to visit the graves, but you may now visit them” Buraida bin Husabi Al-Aslami; Muslim [2260] 106 (977).

▪ The statement of the companion indicating that abrogation had taken place e.g. ‘A’ishah stated that the ruling of radā‘ah had initially been 10 sucklings to establish a mahram relationship, whereas the later ruling was that it would only take 5 sucklings.

▪ Ijmā that one ruling predated the other ruling.

▪ The principle that the ni‘ama or blessings of Allāh only increase and therefore the ruling which indicates a higher reward is likely to be later than the ruling that indicates a lower reward e.g. the ahadith concerning whether prayer in congregation is rewarded 25 times or 27 times the prayer prayed individually.

iv. It is not possible to act upon or join both rulings i.e. if they can be reconciled both would continue to apply.

v. The mansūkh must be a legal ruling rather than a statement. This is because facts cannot be abrogated, but the hukm or ruling of Allāh is part of his authority. It is for this reason that aspects of aqīdah cannot be abrogated.

An issue is whether the nāsikh must be stronger in strength than the mansūkh.

The wisdom behind naskh has been considered by the scholars who have stated that the wisdom for naskh includes the following:

▪ It is a mercy from Allāh , which is apparent when Allāh abrogates a difficult ruling and replacing it with an easier ruling.

Example: the Qur’ān alleviated the burden on the Islamic army by abrogating the ruling that they must fight if they are only outnumbered 10:1, so that the new ruling was that they must fight if they are now only outnumbered 2:1.

O Prophet (Muhammad )! Urge the believers to fight. If there are twenty steadfast persons amongst you, they will overcome two hundred, and if there be a hundred steadfast persons they will overcome a thousand of those who disbelieve, because they (the disbelievers) are people who do not understand. Al Anfāl 8:65

Now Allāh has lightened your (task), for He knows that there is weakness in you. So if there are of you a hundred steadfast persons, they shall overcome two hundred, and if there are a thousand of you, they shall overcome two thousand with the Leave of Allāh. And Allāh is with As-Sābirīn (the patient). Al Anfāl 8:66

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Al Waraqāt: Sh. Tariq Appleby Alkauthar Student Guild SG1 Term 6 ▪ There is an increase in reward.

Example: if the ruling has been removed from the Qur’ān but the wording remains, one is still rewarded for reciting it.

▪ As a test to determine who is strong in faith and obedient.

Example: the abrogation of praying towards Bait al Maqdis in favour of praying towards the Ka‘bah. Those companions who were informed of this as they were praying in congregation exemplified this spirit as they immediately turned their direction of prayer whilst in prayer.

Whenever one ponders over the wisdom of the Shari‘ah as one is encouraged to do, one must recognise that one is not able to know or fully appreciate that wisdom, as it is ultimately something which only Allāh could confirm.

Its definition is an address indicating the subsequent removal of a ruling established by a

previous address, in such a way that without which the ruling would remain established.

النسخ

نسخت ما في هذا الكتاب إذا : معناه النقل من قولهم: نسخت الشمس الظل إذا أزالته، وقيل: وأما النسخ فمعناه اإلزالة، يقال

.نقلته

. عنه المتقدم على وجه لواله لكان ثابتا مع تراخيهالخطاب الدال على رفع الحكم الثابت بالخطاب: وحده

Divisions of Abrogation

أقسام النسخ

Focus & Locus

It is possible for:

1. the writing to be abrogated while the ruling remains,

Example: the ruling on adultery by any married man or married woman is stoning; this had been the subject of a verse in the Qur’ān but the ruling remained but the wording of the verse abrogated during the time of the Prophet , as stated by ‘Umar Bukhāri 6829 and Muslim [4418] 15 (1691).

2. the ruling to be abrogated while the writing remains,

This is the most common form of naskh.

Example: the abrogation of the requirement to fight if one is only outnumbered 10:1 for a new ruling whereby one is obliged to fight if one is only outnumbered 2:1, as per the verses above.

3. both [writing and ruling] to be abrogated.

Example: the statement from ‘A’ishah that the Qur’ān had initially stated that 10 sucklings were required to create a mahram relationship; the wording of this verse was removed during the time of the Prophet and the ruling was abrogated so that only 5 sucklings would create a mahram relationship.

محل النسخ

ويجوز

نسخ الرسم وبقاء الحكم، .1

ونسخ الحكم وبقاء الرسم، .2

3. [both at once]

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Abrogation is divided into that which has a replacement, and that which does not.

The most common form of naskh is where there is a replacement and a minority of scholars state that this is the only form of naskh on the basis of the following verse:

* $ tΒ ô‡|¡ΨtΡ ô⎯ ÏΒ >πtƒ#u™ ÷ρ r& $ yγÅ¡ΨçΡ ÏNù' tΡ 9ösƒ ¿2 !$ pκ÷]ÏiΒ ÷ρ r& !$ yγÎ=÷WÏΒ 3 öΝs9r& öΝn=÷ès? ¨βr& ©! $# 4’ n?tã Èe≅ ä. &™ó©x« íƒÏ‰ s% ∩⊇⊃∉∪

Whatever a Verse (revelation) do We abrogate or cause to be forgotten, We bring a better one or similar to it. Know you not that Allāh is Able to do all things? Al Baqarah 2:106

However, there are examples in the Qur’ān and Sunnah where something has been abrogated without a replacement.

Example: at one point one had to give charity before speaking to the Prophet in private, but this was later abrogated.

O you who believe! When you (want to) consult the Messenger (Muhammad ) in private, spend something in charity before your private consultation. That will be better and purer for you. But if you find not (the means for it), then verily, Allāh is Oft-Forgiving, Most Merciful. Al Mujādilah 58:12

Are you afraid of spending in charity before your private consultation (with him)? If then you do it not, and Allāh has forgiven you, then (at least) perform salāh and give zakāh and obey Allāh. And Allāh is All-Aware of what you do. Al

Mujādilah 58:13

[Abrogation with a replacement is divided into] stricture, and leniency.

The new ruling arising through abrogation can either be stricter or more lenient, or equal.

والنسخ إلى بدل وإلى غير بدل،

.وإلى ما هو أغلظ وإلى ما هو أخف

Relative ‘Strength’ of Nāsikh and Mansūkh

This has been subject to much debate among the scholars. It was the view of Imām Shafi’i that the Sunnah is an explanation of the Qur’ān and on that basis cannot then abrogate the Qur’ān.

▪ If this is based on the view that the Qur’ān is of a higher ‘strength’ than the Sunnah, as it is mutawatta’ in transmission, this is also the case for parts of the Sunnah.

▪ If one considers the Qur’ān to be the highest source of evidence over and above the Sunnah, one should remember that the source of both is the same and that both are forms of revelation.

It is possible by ijmā for:

1. the Qur’ān to abrogate the Qur’ān,

2. the Qur’ān to abrogate the Sunnah,

3. and the Sunnah to abrogate the Sunnah.

It is possible for mass-transmitted reports [mutawātir] to abrogate mass-transmitted

reports; and for solitary reports and mass-transmitted reports to abrogate solitary reports

[āḥād]. However, it is not possible for solitary reports to abrogate mass-transmitted

reports.

Can the Sunnah abrogate the Qur’ān?

The author’s opinion is that of the majority i.e. the Sunnah can only abrogate the Qur’ān if it is narrated in mutawatta’ form, and that ahad ahadith cannot form the basis for abrogation.

The stronger opinion is that if the ahad ahadith is firmly established as being authentic, it can also abrogate that which is mutawatta’.

In part this is based on the view that normally one is abrogating the ruling rather than the wording and that fiqh is not based on absolutes but on the most probable conclusion. If the wording as well as ruling was being abrogated, the level of proof would clearly need to be much higher.

35


يجوز

نسخ الكتاب بالكتاب، .1

ونسخ السنة بالكتاب، .2

. وال يجوز نسخ الكتاب بالسنة .3

.ويجوز نسخ المتواتر بالمتواتر، ونسخ اآلحاد باآلحاد وبالمتواتر، وال يجوز نسخ المتواتر باآلحاد

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Conflict of Evidence

There is no such a thing as contradiction in the Qur’ān and Sunnah; the contradiction is only in the mind of the mujtahid or person analysing the evidence. If they have understood the evidences fully, the conflict would no longer be apparent.

i. Jam‘: reconciliation of the two reports so that both can be affirmed and acted upon.

ii. Naskh: if one is positively established and meets the conditions for naskh, it abrogates the other.

iii. Tarjih: superiority is sought between the evidences, based on their authenticity and many other principles.

iv. Tawaqquf: neither is confirmed or denied but one desists from further comment until further evidence becomes available.

When two utterances (i.e. texts from the Qur’ān or Sunnah) conflict, it is inescapable that they are

either:

1. both of general applicability,

2. both of specific applicability,

3. one of them is universal and the other specific, or

4. each one of them is universal from one perspective and specific from another.

If they are both of universal applicability and it is possible to combine [yajma‘] them, they

are combined.

Example: the following ahadith appear to conflict with regards to whether one should make use of the ihāb or skin of an animal which died as carrion (as opposed to having been slaughtered for the sake of Allāh):

The Messenger of Allāh said: “When the ihāb (animal hide) is tanned it becomes purified” Ibn ‘Abbās; Muslim [812] 105 (366)

“Do not make use of the ihāb (skins) or sinews of dead animals” ‘Abdullāh bin ‘Ukaim from the Prophet ; Abū Dawūd 4127

The reconciliation is to state that one may make use of the ihāb when it is tanned, but one may not make use of the ihāb if it is untanned.

If it is not possible to combine them, then one must withhold judgment if their history is

not known.

This is the practice of tawaqquf. This is only a temporary measure as there is an answer within the Shari‘ah; if one scholar cannot find the answer, there will always be a multitude of other scholars with the answer.

If their historical order is known, the previous is abrogated by the subsequent.

It is the same if they are both of specific applicability i.e. the previous is abrogated by the

subsequent.

Some of the scholars consider prohibition preponderant out of caution, while some

consider lawfulness preponderant since the default [ruling] within wedlock is lawfulness.

If one of the two texts is of general applicability and the other is of specific applicability,

the general applicability [of one text] is restricted by the specific applicability [of the other

text] i.e. takhsīs.

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Al Waraqāt: Sh. Tariq Appleby Alkauthar Student Guild SG1 Term 6 Example: the ‘iddah of the widow is set at four months and ten days (2:234) but the ‘iddah of the pregnant woman is set at the duration of her pregnancy. The ‘iddah of the widow is thought to be general and that of the pregnant woman specific, therefore if a pregnant woman gives birth the day after becoming widowed, her ‘iddah period is only up to that point.

If each one of the two texts is of general applicability from one aspect and of specific

applicability from another, then the general applicability of each one is restricted by the

specific applicability of the other.

فصل التعارض والترجيح

:إذا تعارض نطقان فال يخلو

إما أن يكونا عامين .1

أو خاصين .2

أو أحدهما عاما واآلخر خاصا .3

. أو آل واحد منهما عاما من وجه وخاصا من وجه .4

ين فإن أمكن الجمع بينهما جمع،فإن آانا عام

التاريخ، وإن لم يمكن الجمع بينهما يتوقف فيهما إن لم يعلم

فإن علم التاريخ فينسخ المتقدم بالمتأخر،

.وآذلك إذا آانا خاصين

وإن آان أحدهما عاما واآلخر خاصا فيخص العام بالخاص،

. عموم آل واحد منهما بخصوص اآلخروإن آان آل واحد منهما عاما من وجه وخاصا من وجه فيخص

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Al Waraqāt: Sh. Tariq Appleby Alkauthar Student Guild SG1 Term 6 Ijmā‘: Scholarly Consensus

Scholarly consensus [ijmā‘] is [when] the scholars of an epoch agree upon. By “scholars”

we mean the jurists [fuqahā]. By “new issue” we mean a new legal issue.

Definition of Ijmā‘

Linguistically ijmā‘ means resolution and also agreement.

Legally, the definition of ijmā‘ is the agreement of the Mujtahidīn of the ummah of the Prophet Muhammad of a particular era or generation on a particular issue.

▪ Agreement: this is unanimous agreement with no conflicting or opposing views. The extent to which silence from a particular Mujtahid or group of Mujtahidīn when an opinion has been expressed can be taken to be agreement is discussed below.

▪ Mujtahidīn: the agreement must be among the Mujtahidīn of the fuqahā i.e. those scholars of Islamic law who are capable of going back to the evidences and independently deriving rulings. The opinion of a Mujtahid in other sciences, such Arabic language, is not relevant for the purposes of establishing whether there is ijmā‘ in a matter of fiqh but will be relevant for establishing ijmā‘ within their own subject matter. It is evident that there may be ijmā‘ in other Islamic sciences also, such as usūl al fiqh, mustalah al hadith, nahw, sarf.

▪ Islām: the Mujtahidīn who are relevant for the purposes of assessing whether there is an ijmā‘ must be from the ummah of the Prophet . It is evident that among the orientalists there are certain non-muslims whose knowledge of fiqh might otherwise qualify them to be scholars of Islām were it not for their disbelief.

▪ Era: the agreement must be evident at a particular time or generation; once there is such agreement then the ijmā‘ is established from that point onwards.

▪ Specific issue: this must be a fiqh issue.

Types of Ijmā‘

There are three types:

i. Ijmā‘ as Sariah or explicit ijmā‘: where everyone expresses their agreement.

ii. Ijmā‘ as Sukūti or tacit ijmā‘: where one or more people express their view and none of the others object.

iii. Conduct ijmā‘: where everyone is doing a particular action without criticism.

If a scholar expresses an opinion and there is no criticism, refutation, expression of a contrary opinion or any reservation whatsoever, this can constitute a valid ijmā‘. This is provided that such lack of consent is not due to some extraneous obstacle such as political repression. This type of ijmā‘ is only accepted when it is known that the other Mujtahidīn had the opportunity to hear the view expressed and were free to object without criticism.

Status of Ijmā‘ as a Source of Law

Ijmā‘ is a valid source of law in the Shari‘ah:

And whoever contradicts and opposes the Messenger (Muhammad ) 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! An Nisā’ 4:115

Imām Shafi’ stated that this verse refers to the ijmā‘ of the believers and that to follow other than that ijmā‘ of the believers is a cause for entering the Fire and therefore it is obligatory to follow that ijmā‘.

“There will not cease to be a group from my Ummah victorious upon the truth, not being harmed by those who oppose them, until the command of Allāh comes, and they are like that (i.e. victorious)” Narrated Thawbān in Muslim [4950] 170

(1920), Ibn Mājah 3952.

This hadith implies that where the ummah becomes a single group on a particular issue, they must therefore be upon the truth.

“Indeed Allāh will not gather my - or Muhammad’s - ummah upon deviation, and Allāh’s Hand is over the jamā‘ah, and whoever deviates, he deviates to the Fire” Narrated Ibn ‘Umar; Tirmidhī 2167

This hadith is a clear evidence for the validity for ijmā‘ as Allāh will protect the ummah from agreeing on deviation.

“My nation will not unite on misguidance…” Narrated Anas bin Mālik; Ibn Mājah 3950

The authenticity of this hadith has been disputed, but the majority consider its various confirmatory reports or asānīd raise it’s grading to that of hasan li ghayrihi i.e. where the multiple confirmatory reports reinforce one another. Some scholars have even given the view that its multiple reports raise it to the level of mutawātir This is in addition to the fact that its meaning is correct as it is supported by other verses and ahadith.

Many scholars have mentioned many other proofs. There is a very small minority of scholars who do not consider ijmā‘ to be a valid source of law but it is so small that the main body of scholars do not give credence to their view.

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Al Waraqāt: Sh. Tariq Appleby Alkauthar Student Guild SG1 Term 6 Qualification as a Mujtahid

The majority opinion is that none of these texts exclude the fāsiq or sinful Mujtahid; if that person is a scholar their opinion counts towards forming an ijmā‘.

Evidential Basis of a Valid Ijmā‘

Ijmā‘ must be based on evidence from the Qur’ān and Sunnah and not the discussions of the scholars. If there is ijmā‘ on an issue but the evidence from the Qur’ān and Sunnah is not explicit (e.g. that something has been abrogated), one can infer that there is an underlying evidence from the Qur’ān and Sunnah which was known to such Mujtahidīn and that they relied upon that evidence in coming to their agreement.

Ijmā‘ can also be based on qiyās despite the differing views on this matter. This is because such differences are only differences of language as one of the pre-requisites for qiyās is that there is a basis for the analogy in the Qur’ān and Sunnah, therefore indirectly any such ijmā‘ would be based on the Qur’ān and Sunnah.

اإلجماع

.دثة الشرعيةوأما اإلجماع فهو اتفاق علماء أهل العصر على حكم الحادثة، ونعني بالعلماء الفقهاء، ونعني بالحادثة الحا

The Binding Legal Value of Consensus

The consensus of the Muslim community [ummah] is binding [ḥujja] - but not that of other

communities. This is because he said, “My community will not come to consensus over a

misguidance”. The Legislation has been conveyed [to us] through this community’s

protection.

Consensus is binding over the next generation, no matter in which generation it takes

place.

Ruling on Ijmā‘

It is obligatory to follow the explicit ijmā’ of the scholars and to go against it would cause someone to become a disbeliever. This does not apply to any ijmā‘ that has been claimed but is disputed or which does not have sufficient evidence to support it.

Once an ijmā‘ is in place all subsequent generations are bound by that ijmā‘ in terms of its specific ruling.

In order for it to be binding, it is not a condition that the [entire] generation pass away.

The ijmā‘ becomes binding at the moment of the agreement; if a person was to become a Mujtahid soon after and disagreed with the ijmā‘, this would not affect the validity of the ijmā‘ even if some of the original Mujtahidīn who had given rise to the ijmā‘ have not yet passed away.

If we were to say that the generation passing away is a condition, the opinion of someone

who was born during their lifetime and who became a jurist qualified to make personal

reasoning would be of consideration; they (the new Mujtahid) would be entitled to renege from

that ruling.

Consensus is valid by means of their statements and their deeds. And consensus is valid

by the statements and deeds of [just] some of them, when that statement or deed spreads

while the remainder keeps silent.

Ijmā‘ as Sukūti is of practical benefit today where the various fiqh bodies, such as the Majma‘ al Fiqhi al Islāmi or Islamic Fiqh Academy (established by the OIC in 1982), are able to gather and provide rulings even though not every single Mujtahid is able to be present.

Ijmā‘ by conduct might include, for example, where all Mujtahidīn are known to practice a certain action e.g. if in our time all scholars were to engage in the form of purchase form a shop involving picking the goods off the shelves, paying the shopkeeper and not speaking a word other than perhaps salām. This is contrary to the Shafi’i opinion being that all commercial transactions require an explicit offer and acceptance.

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Al Waraqāt: Sh. Tariq Appleby Alkauthar Student Guild SG1 Term 6 The opinion of a single Companion (God be well pleased with them all) is not a binding

proof over anyone else, according to [Imam al-Shāfi‘ī’s] new school.

Fatwa or Opinion of Companion

The ruling on the opinion or fatwa of a companion may either be that it is proof in the Shari‘ah or that it is an example of ijtihād which may or may not be followed, depending on the circumstances.

i. If the opinion is expressed on a topic where there is no scope for personal reasoning, deduction or insight e.g. matters of the unseen or an indication of any specific reward, this is considered to be a proof and is marfū‘ in hukm. This is because it can be assumed that the companion heard this information from the Prophet .

ii. If there is a single opinion among the companions this constitutes an ijmā‘ of the companions on that issue and is strongest form of ijmā‘ and proof in the Shari‘ah.

iii. If there are a number of opinions amongst the companions on any topic, the scholars will try to establish which is the stronger based on other evidences rather than on the status of each companion involved.

iv. If an opinion of a companion spreads and becomes widespread without any criticism or refutation or reservation from other scholars, it forms the basis of tacit ijmā according to the majority.

v. If an opinion of a companion in an area where there is scope for personal reasoning or insight, but it does not become widespread and no other companion comments upon it, such an opinion can be an proof provided that the opinion does not oppose any text, in which case the text is followed rather than the opinion of the companion.

The proof for this includes:

▪ Allāh testifies to the trustworthiness and righteousness of the companions:

And the foremost to embrace Islām of the Muhājirūn (those who migrated from Makkah to Al-Madinah) and the Ansār (the citizens of Al-Madinah who helped and gave aid to the Muhājirūn) and also those who followed them exactly (in Faith). Allāh is well-pleased with them as they are well-pleased with Him. He has prepared for them Gardens under which rivers flow (Paradise), to dwell therein forever. That is the supreme success. At Tawbah 9:100

▪ The companions were the most knowledgeable about the Qur’ān and Sunnah as they were present during the revelation and were aware of the context, and were best able to understand the language of revelation.

▪ The basis for a fatwa of a companion can be as follows, all of which should be accepted as a valid evidence in itself except for the last:

a. It was heard from the Prophet directly.

b. It was heard from another companion who heard from the Prophet directly.

c. It was understood by the companion in a way that is not available to us.

d. The companions agreed on a particular view but only this specific companion’s statement reached us.

e. The companion understood the evidences in light of their proper context in a way that we cannot.

f. The companion misunderstood the Prophet or evidence.

If the opinion of a companion conflicts with a valid qiyās, some scholars state that the opinion should be preferred over qiyās as his opinion is a valid evidence in itself, but other scholars state that the opinion of the companion is only one view and that another view is possible through qiyās, because qiyās is also based on the Qur’ān and Sunnah.

حجية اإلجماع

، والشرع ورد بعصمة ))ال تجتمع أمتي على ضاللة: ((وإجماع هذه األمة حجة دون غيرها، لقوله صلى اهللا عليه وآله وسلم .هذه األمة

واإلجماع حجة على العصر الثاني، وفي أي عصر آان،

ى الصحيح،وال يشترط انقراض العصر عل

انقراض العصر شرط يعتبر قول من ولد في حياتهم وتفقه وصار من أهل االجتهاد ولهم أن يرجعوا عن ذلك : فإن قلنا .الحكم

.واإلجماع يصح بقولهم وبفعلهم وبقول البعض وبفعل البعض وانتشار ذلك وسكوت الباقين عنه

.جديدوقول الواحد من الصحابة ليس بحجة على غيره على القول ال

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Akhbār: Declarative Statements This is a discussion with regards to the manner in which the Sunnah has reached us.

A declarative statement [م khabr ج akbār] is a statement wherein truth and falsehood

enter. Declarative statements are divided into solitary [āḥād] and mass-transmitted

[mutawātir] reports.

األخبار

.وأما األخبار، فالخبر ما يدخله الصدق والكذب، وقد يقطع بصدقه أو آذبه

.إلى آحاد ومتواتر: والخبر ينقسم قسمين

Mass-Transmitted and Solitary Reports

Mass-transmitted [mutawātir] reports are those that necessarily convey sure knowledge

[‘ilm]. A mass-transmitted report is that which is related by a group the likes of which

cannot simultaneously agree upon a lie, from a similar group, [and so on,] up until the

thing being reported; and the thing being reported being something observed or heard—

not personal reasoning.

Mutawātir

Mutawātir reports convey ilm ad dhurūri or sure knowledge, being knowledge which has to be accepted as authentic.

The linguistic meaning of the concept of tawātur is something which comes continuously one after another. The legal definition is a narration by such a large number of people from different places and backgrounds that it is impossible that they all came together on a lie or a mistake.

Conditions:

i. It is impossible for the narrators of each tabaqah or level to come together on a lie or mistake.

ii. The basis of their narration must be something they themselves perceived (i.e. something they saw or heard), rather than personal reasoning.

iii. The basis of their narration must be something that they are sure about as opposed to being in doubt.

iv. The large number must be constant in each tabaqāt from the era of the Prophet up to the time of the compiler e.g. 10 in each level.

There is a difference of opinion as to the minimum number of narrators required in each tabaqāt; opinions include 4, 7 and 70. However, there is no proof for a specific number of individuals; the Prophet himself would send a few companions to convey teach the Qur’ān and ‘Aqīdah, considering such numbers sufficient.

Solitary reports [āḥād] are those that necessarily lead to action but do not necessarily

convey sure knowledge [‘ilm] because of bearing the possibility of it being a mistake.

The definition of ahad ahadith is that which does not meet the conditions of tawātur i.e. those hadith which are mashhūr, ‘aziz or gharīb in terms of their tabaqah.

i. The linguistic meaning of mashhūr is a ‘clear or well-known matter’, whereas the technical definition is a hadith which has a minimum of three narrators in each tabaqah, but does not reach the level of mutawātir.

Example: the hadith “Allāh does not take away knowledge by taking it away from (the hearts of) people, but he takes it away by the death of the scholars…” Bukhāri (100) and Muslim [6796] 13 (2673)

ii. The word ‘aziz linguistically means rarity or being strengthened. Its technical meaning is where there are a minimum of two narrators in each tabaqah. It is also ‘stronger’ in the sense that having two narrators in each level is stronger than having one.

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Example: “None of you will have faith till he loves me more than his father, his children and all mankind” Bukhāri (15)

and Muslim [169] 70 (44).

This hadith is narrated by Anas and by Abū Hurayrah . It is related from Anas by two narrators, Qatāda and Abdul Aziz ibn Suhaib, and from them, two narrators each respectively being Shu‘ba and Sa’īd ibn Abī Urūba (from Qatāda), and Abdul Wārith and Ismail ibnu Ulayah (from Abdul Aziz ibn Suhaib).

Al Hākim in Ma‘rifat Ulūm al Hadith gives the impression that being ‘aziz is the minimum condition for authenticity, but he has been misunderstood. Others claim this view is shared by Bukhāri, but this is refuted by the very first hadith in Bukhāri which is narrated by only one companion:

“Verily all deeds are by intentions…” Bukhāri (1)

‘Umar is the only narrator at the level of the companions and al Qamah is the only narrator at the level of the tabi’īn to narrate the hadith.

iii. The word gharīb linguistically means the person who is alone, far from home or a stranger. Its technical meaning is a hadith which contains a single narrator at any of the levels. The words fard and gharīb are synonymous. Certain scholars, such as Ibn Hibbān, thought that there being two narrators was the limit for a hadith to be authentic i.e. a hadith with only one narrator at any level of the isnād could not be held to be authentic. However, the scholars have accepted such ahadith e.g. the very first hadith in Sahīh Bukhari has only one narrator in each level of the isnād.

There is a difference of opinion as to whether ahad ahadith can lead to certain or qatī knowledge, with the opinions expressed including:

i. There are insufficient ruwāt for certain knowledge therefore it only provides speculative or dhanī knowledge.

ii. It provides certain knowledge without restriction.

iii. It provides certain knowledge if the ahadith meets all the conditions for authenticity through the existence of ‘external indicators’.

In principle, it is clear that the companions would rely upon the announcement of one person, such as the announcement of the prohibition of alcohol, or that of the prohibition of the flesh of donkeys, or that of the change in the qiblah. The Prophet sent Musab ibn Umair to Madīnah to teach the people there about the beliefs of Islām prior to the Hijrah, at a time when there were very few rulings in fiqh. He did not send a vast multitude of companions and so we can assume that tawātur or multiple confirmatory reports are not the only manner of attaining sure knowledge.

It is fine to adopt such divisions for the purposes of classification and understanding, but it is not permissible to then accept or reject proofs from the Qur’ān and Sunnah on that basis.

آحاد ومتواتر

ى أن ينتهي إلى المخبر عنه فيكون فالمتواتر ما يوجب العلم، وهو أن يروي جماعة ال يقع التواطؤ على الكذب عن مثلهم إل .في األصل عن مشاهدة أو سماع

واآلحاد هو الذي يوجب العمل وال يوجب العلم،

Mursal and Musnad: Expedient and Grounded Reports

Reports divide into two divisions:

i. Expedient (mursal), and

ii. Grounded (musnad).

Grounded reports [musnad] are those possessing a continuously connected chain of

transmitters [sanad].

The term musnad among the ulūliyyūn is any report which is grounded, whereas among the muhaddithīn it is where the report is grounded to the Prophet specifically.

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Expedient reports [mursal] are those lacking a continuously connected chain. If the

expedient report is not from one of the Companions , it is not a binding proof - unless it

is an expedient report from Sa‘īd bin al-Musayyab .

The definition of mursal among the ulūliyyūn is any report with any missing links, whereas among the muhaddithīn it is where the missing link is specifically the companion (so that a tabi’i reports directly from the Prophet ).

The mu‘dal (double break) hadith or munqati (two non-consecutive breaks) hadith cannot be used as an evidence, but the mursal hadith can be used if it is from Sa‘īd bin al-Musayyab as it has been established that all his marāsīl ahadith are in fact grounded (through external indicators).

[Reports using] indecisive hadith transmission terminology [‘an‘ana] enter into grounded

reports:

When the shaykh reads, it is permissible for the transmitter to say: “he related to me”

[ḥaddathanī], or: “he informed me” [akhbaranī]. When he reads to the shaykh, he says:

“he informed me,” but does not say: “he related to me”.

If the shaykh authorizes him without reading, the transmitter says: “he authorized me,”

or: “he informed me through an authorization.”

مرسل ومسند

إلى مرسل ومسند،: وينقسم قسمين

فالمسند ما اتصل إسناده،

م يتصل إسناده، فإن آان من مراسيل غير الصحابة فليس بحجة، إال مراسيل سعيد بن المسيب، فإنها فتشت والمرسل ما ل .فوجدت مسانيد

والعنعنة تدخل على اإلسناد،

.حدثني: أخبرني، وال يقول: حدثني وأخبرني، وإن قرأ هو على الشيخ فيقول: وإذا قرأ الشيخ يجوز للرواي أن يقول

.أجازني أو أخبرني إجازة: ن غير رواية فيقولوإن أجازه الشيخ م

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Al Waraqāt: Sh. Tariq Appleby Alkauthar Student Guild SG1 Term 6 Qiyās: Analogical Reasoning

Analogical reasoning is returning a derived case [far‘] back to the original case [aṣl] due to

an effective cause [‘illa, i.e. ratio] that joins them in the ruling.

Definition of Qiyās

Linguistically it refers to measuring something or equating something with something else. Legally, it refers to equating a secondary case upon the primary case due to something that joins them in the ruling of the primary case.

From this definition it is evident that qiyās has four basic pillars

i. Asl: the primary case, which is an established issue supported by texts from the Qur’ān and Sunnah (or ijmā‘).

ii. Far‘: the secondary case; this is a new issue which requires a ruling where no ruling is evident from the Qur’ān and Sunnah (or from ijmā‘).

iii. Hukm: this is the ruling on the primary case based on the texts from the Qur’ān and Sunnah (or ijmā‘).

iv. ‘Illa: the common factor present in both the asl and the far‘ which allows one to conclude that the ruling should be the same.

Example: the Prophet in the hadith of the riba of fadl or the interest of exchange mentions barley explicitly, but did not mention other substances such as rice. The asl is therefore barley, the far‘ is rice, the hukm is the prohibition of the riba of exchange, and the ‘illa in relation to commodities is that they are measured by volume and are staple foods. Other scholars mention that both commodities can be stored for long durations.

The Status of Qiyās as a Source of Law

There is a difference of opinion on qiyās:

i. The most vocal opponents being the dhāhiriyyah who are opposed to anything but a literal interpretation of the texts. For example, the hadith on not urinating in stagnant water is restricted to its facts and they would state it would be permissible to urinate into a container and pour this into the stagnant water, even though the majority would state that this has defeated the purpose or cause for the prohibition.

ii. The majority opinion is that qiyās is a valid proof in the Shari‘ah:

▪ There is ijmā‘ of the companions on the use of the qiyās and there are many examples of its use by them.

▪ There are examples of qiyās in the Qur’ān such as where Allāh orders us to consider the negative consequences for the people of the past who belied their prophets; this is a qiyās between the people of before and the people now addressed by Islām.

▪ There are examples of qiyās from the Sunnah, such as where a person approached the Prophet informing him that his wife had given birth to a child with a darker complexion even though he and he wife were of a light complexion. The Prophet made qiyās with the way traits follow through generations of camels and informed him that it must be a trait of one of their ancestors coming through.

▪ There are examples of qiyās from the companion, such as the instruction from ‘Umar in a letter to Abū Mūsa al Ash‘ari to perform qiyās.

The Conditions for Valid Qiyās

1. The hukm of the asl must have been established explicitly the Qur’ān, Sunnah or ijmā‘.

2. The hukm of the asl is capable of being rationally understood. There is therefore little scope for qiyās in ibādāt as much of it is tawkīfiyyah.

3. The ‘illa must be present in the far‘. There may be more than on ‘illa in any particular matter.

4. There must be no explicit hukm on the far‘ in the Qur’ān, Sunnah or ijmā‘, otherwise there would be no reason to perform qiyās. If there is already a ruling in the far‘ it is possible to be further supported by qiyās.

5. The hukm of the far‘ should be the same as the hukm of the asl.

6. The ‘illa of the asl should not be specific to the asl but should be capable of transfer to other issues.

7. The ‘illa is established from one of the masālik (م maslak) or set manners of identifying the ‘illa;

8. If the ‘illa is deduced, it must not oppose a text from the Qur’ān and Sunnah, or ijmā‘.

9. The ‘illa must be rationally appropriate.

10. The qiyās is in a matter of fiqh (and not therefore in aqīdah).

An example of invalid qiyās is that some people erroneously claim that as the companions made tabarruk of the Prophet , they can make qiyās on this with certain ‘pious’ people with whom they feel they can make tabarruk due to their piety.

If the ‘illa is prophethood, there is no equivalence between the Prophet and any ‘pious’ person today. If the ‘illa is righteousness, we do not have a proof of anyone’s piety unless found in the Qur’ān and Sunnah. In either case, the same ‘illa does not apply to the asl and the far‘ here.

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Al Waraqāt: Sh. Tariq Appleby Alkauthar Student Guild SG1 Term 6 The masālik are of three types:

i. An indication from the Qur’ān and Sunnah.

Example: the Prophet stated that no two people should have a private conversation to the exclusion of another if there only three people, as this might cause the third person to be sad. In this case, the Prophet has explicitly mentioning what the ‘illa is.

ii. An indication from ijmā‘ on what the ‘illa is.

iii. Istimbāt or deduction. The following is an example of deduction, the verse Were they created by nothing, or were they themselves the creators? At Tūr 52:35 deduces that something created the universe and it was not the universe itself, therefore there must have been some outside agency of creation.

القياس

.وأما القياس فهو رد الفرع إلى األصل بعلة تجمعهما في الحكم

Divisions of Analogical Reasoning

Analogical reasoning divides into three divisions (according to the ‘illa):

1. causative,

2. indicative, or

3. similitude.

Causative inference [qiyās al-‘illa] is that in which the ratio legis necessarily requires the

ruling.

Another way of describing this form of deduction is that it applies where the far‘ is even more deserving of the ruling than the asl.

Example: the Qur’ān prohibits ta‘fīf which is the practice of saying words of disrespect (‘uff’ 17:23); it can therefore be inferred that to hit your parents would be worse, as the ‘illa of not hurting one’s parents applies to a greater extent.

Indicative inference [qiyās al-dalāla] is using one of two identical things as evidence for

the other. It is when the ratio legis indicates the ruling without necessarily requiring the

ruling.

This is a form of deduction where the ‘illa is not explicit but is indicated through reason.

Example: a person is prohibited from ‘consuming’ the wealth of an orphan, and this indicates that similarly one is prohibited from burning it, destroying it or otherwise disposing of it.

Inference of similitude [qiyās al-shabah] is when the derived case resembles two source

cases, so it is attached whichever one it most resembles.

This is the weakest form of qiyās.

Example: if a man kills a slave, does he have to pay the diya or blood money, or does he have to pay the market value for that slave. In this instance, the issue would be whether the slave is more similar to a person or to an asset, with the strongest opinion being that he is more similar to an asset.

أقسام القياس

إلى: أقساموهو ينقسم إلى ثالثة

قياس علة، .1

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وقياس داللة، .2

. وقياس شبه .3

.فقياس العلة ما آانت العلة فيه موجبة الحكم

.وقياس الداللة هو االستدالل بأحد النظرين على اآلخر، وهو أن تكون العلة دالة على الحكم وال تكون موجبة للحكم

.وقياس الشبه هو الفرع المتردد بين أصلين، فيلحق بأآثرهما شبها

Conditions for the Integrals of Analogical Reasoning

A condition of the derived case (far‘) is that it be appropriate to the original case (asl) with

respect to what joins the two together for the ruling.

A condition of the original case is that it is established through evidence that is agreed

upon by the debating parties.

Example: it is claimed that once pebbles have been used to stone the jamarāt in Hajj, they cannot be used again, based on qiyās upon mā’ must‘amal or used water which is thought by some to lose its purifying capacity due to having been used. However, in this instance there is disagreement about the asl as the stronger opinion is that used water does not lose its purifying capacity.

A condition of the ratio (‘illa) is that it is constant in the rulings wherein it exists, so that it

not be inconsistent in phrase or meaning.

Example: it is not permissible to buy and sell after the second adhān of jumu‘ah (62:9). Making a gift, which is another form of transaction, is not included in this prohibition as it does not resemble buying and selling as there is a lack of negotiation regarding pricing, however, hiring something would be included in the prohibition as it does resemble buying and selling due to the competing economic interests.

A condition of the ruling [ḥukm] is that it be similar to the ratio (‘illa) with regard to

absence and presence.

Whenever the ‘illa is present the hukm should be present, and when it is not present the hukm should not be present.

Example: whenever hayd or menstruation is present, fasting becomes impermissible for women, but when hayd has ceased, a woman can fast.

The ratio legis is what attracts the ruling, and the ruling is that which is attracted by the

ratio legis.

The ‘illa does not cause the hukm, in reality it is Allāh who has caused the ruling to apply by causing the ‘illa to apply. The author makes this statement due to the emphasis by the mutakalimūn that cause and effect are not necessarily linked but it is Allāh who makes any effect follow a cause (a philosophical concept known as occasionalism).

شروط الفرع

.ومن شرط الفرع أن يكون مناسبا لألصل، ومن شرط األصل أن يكون ثابتا بدليل متفق عليه بين الخصمين

.ومن شرط العلة أن تطرد في معلوالتها، فال تنتقض لفظا وال معنى

.في النفي واإلثباتومن شرط الحكم أن يكون مثل العلة

.والعلة هي الجالبة، والحكم هو المجلوب للعلة

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Impermissibility and Permissibility

As for impermissibility and permissibility: some scholars say that things are impermissible

unless the Legislation declares it permissible. And so, if nothing in the Legislation is found

that indicates permissibility, one adheres to the original state—impermissibility.

Some scholars hold the opposite: that the default state for things is the opposite

[permissibility], except for what the Legislation has declared impermissible.

The specific default ruling in the Shari‘ah depends on the subject matter, with the general rule being that everything is permissible until proven impermissible. For example, this general rule applies to ādāt (matters of tradition and custom), mu‘āmalāt (societal transactions) and food.

He it is who created for you all that is on earth... Al Baqarah 2:29

Say (O Muhammad ): “I find not in that which has been revealed to me anything forbidden to be eaten by one who wishes to eat it, unless it be Maitah (a dead animal) or blood poured forth (by slaughtering or the like), or the flesh of swine (pork) for that surely is impure, or impious (unlawful) meat (of an animal) which is slaughtered as a sacrifice for others than Allāh…” Al An‘ām 6:145

Specific default rules:

▪ Ibādāt: all acts and forms of worship are prohibited until proven to be permissible.

▪ Meat: all meat is prohibited until proven permissible.

▪ Women: relations with women are forbidden until proven permissible.

▪ Wealth of others: this is impermissible to someone other than its owner unless proven permissible.

الحظر واإلباحة واالستصحاب

إن األشياء على الحظر إال ما أباحته الشريعة، فإن لم يوجد في الشريعة ما يدل : وأما الحظر واإلباحة فمن الناس من يقول .ظرعلى اإلباحة يتمسك باألصل وهو الح

.ومن الناس من يقول بضده، وهو أن األصل في األشياء على اإلباحة إال ما حظره الشرع

Presumption of Continuity

The meaning of “presumption of continuity” [istiṣḥāb al-ḥāl] is that the original state is

presumed to continue in the absence of legal evidence.

ستصحاب األصلا

.أن يستصحب األصل عند عدم الدليل الشرعي: ومعنى استصحاب الحال

Evidence and Its Order of Precedence

Manifest evidence is given precedence over the hidden.

Evidence that necessarily leads to sure knowledge [‘ilm] is given precedence over evidence

which leads to probable knowledge [ẓann].

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Something stated is given precedence over analogical reasoning.

Manifest analogical reasoning [qiyās jalī] is given precedence over concealed analogical

reasoning [qiyās khafī].

If something stated categorically is found to change the default state of absence [it is

used], otherwise the original state is presumed to continue [istiṣḥāb al-ḥāl].

األدلة

وأما األدلة فيقدم الجلي منها على الخفي،

والموجب للعلم على الموجب للظن،

والنطق على القياس،

.والقياس الجلي على الخفي

.ن وجد في النطق ما يغير األصل وإال فيستصحب الحالفإ

The Mufti, His Petitioner, and Emulation

االجتهاد واإلفتاء والتقليد

The Muftī

Conditions of the muftī include:

1. being knowledgeable in fiqh—its foundations and branches—in the differences of

opinion and the school’s position;

2. being versed in the tools necessary for ijtihād, including Arabic grammar and

lexicography;

3. being versed in narrators, and

4. being versed in the commentaries of Qur’ānic verses and prophetic hadiths

concerning rulings.

المفتي

لمفتيومن شرط ا

أن يكون عالما بالفقه أصال وفرعا، خالفا ومذهبا ، .1

وأن يكون آامل اآللة في االجتهاد ، .2

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عارفا بما يحتاج إليه في استنباط األحكام من النحو واللغة .3

ومعرفة الرجال ، .4

. وتفسير اآليات الواردة في األحكام واألخبار الواردة فيها .5

The Petitioner

A condition of the one petitioning the muftī [al-mustaftī] is being from those who imitate

scholars, so he follows the muftī in his verdict.

It is not permissible for a scholar to imitate.

المستفتي

.أن يكون من أهل التقليد، فيقلد المفتي في الفتيا: ومن شرط المستفتي

.لعالم أن يقلدوليس ل

Taqlīd: Imitating

Imitating [taqlīd] is accepting another’s opinion without its evidence. Consequently,

accepting the opinion of the Prophet is called “imitation”.

Some said that imitation is to accept another’s opinion while you do not know from where

he took it.

If we hold the opinion that the Prophet gave rulings based on analogical reasoning,

then it is permissible to call accepting his opinion imitation.

التقليد

.والتقليد قبول قول القائل بال حجة، فعلى هذا قبول قول النبي صلى اهللا عليه وآله وسلم يسمى تقليدا

التقليد قبول قول القائل وأنت ال تدري من أين قاله،: ومنهم من قال

. صلى اهللا عليه وآله وسلم آان يقول بالقياس، فيجوز أن يسمى قبول قوله تقليداإن النبي: فإن قلنا

Independent reasoning

Ijtihād is expending all efforts in reaching the goal. When a mujtahid exercises

independent reasoning in branch issues and he has complete [mastery of the] tools for

independent reasoning and he hits the mark—he has two rewards; if he exercises

independent reasoning and misses then he has one reward. Some scholars held the

opinion that every mujtahid in derived issues hits the mark.

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It is not possible to hold the opinion that every mujtahid in root theological issues hits the

mark since it would lead to declaring those who are misguided [e.g.,] Christians,

Zoroastrians, non-believers, and atheists, as hitting the mark.

The evidence for those who say that every mujtahid does not [always] hit the mark is the

saying of the Prophet : “Whoever exercises independent reasoning and hits the mark

gets two rewards, and whoever exercises independent reasoning and misses gets one

reward.” The wajh of the evidence is that the Prophet declared some mujtahids missing

the mark sometimes, and declared them hitting it in others.

االجتهاد

وأما االجتهاد فهو بذل الوسع في بلوغ الغرض، فالمجتهد إن آان آامل اآللة في االجتهاد، فإن اجتهد في الفروع فأصاب فله .آل مجتهد في الفروع مصيب: ومنهم من قال. له أجرأجران، وإن اجتهد فيها وأخطأ ف

آل مجتهد في األصول الكالمية مصيب، ألن ذلك يؤدي إلى تصويب أهل الضاللة من النصارى : وال يجوز أن يقال .والمجوس والكفار والملحدين

د وأصاب فله أجران، ومن من اجته: ((ليس آل مجتهد في الفروع مصيبا، قوله صلى اهللا عليه وآله وسلم: ودليل من قال .وجه الدليل أن النبي صلى اهللا عليه وآله وسلم خطأ المجتهد وصوبه أخرى)). اجتهد وأخطأ فله أجر واحد

Finished.

انتهت الورقات

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Points of Benefit from Al Waraqāt Lesson 1

▪ A good book for further reading is Principles of Islamic Jurisprudence by Mohammad Hashim Kamali, a professor at the International Islamic University of Malaysia.

▪ The best version of Ar Risālah in the Arabic language is that whose tahqīq or checking has been done by Sh. Ahmad Shākir.

▪ Sometimes Allāh places barakah in a book, so much so to the extent that people write summaries and explanations of it or they memorise it. This is one sign that Allāh has accepted something from us.

▪ The students are advised to memorise whatever texts they study.

Lesson 2

▪ The exams are a mere formality; what is important about this knowledge is that the student is internalising the knowledge, benefiting from it, and passing it on to others.

▪ Muslims are very careful with their technical terms and where they place their words generally e.g. the recitation of the Qur’ān is only in the manner it was recited to the Prophet , and we strive to pronounce our ahadith in the manner which the Prophet would have pronounced them.

▪ Question 1: what is the definition of wājib according to the author and what is its definition according to scholars of usūl al fiqh in general.

▪ Question 2: what is the definition of sahīh and what is the term used for the process of authenticating something, and provide an example of the correct usage of the term sahīh.

▪ Books and hastening towards knowledge are more valuable than any worldly items.

Lesson 3

▪ Mini-assignment: find 5 examples of the imperative tense in the Qur’ān which convey an example. It is important to find practical examples of what we’re studying.

▪ Question: a) what is the definition of an amr? b) what is the example given by the author for majāz through deletion and what is the correct ruling on the matter?

Lesson 4

▪ How many people do we know who had the ability to perform a duty such as Hajj but procrastinated until they were unable to perform it, or unable to perform it properly, or have died early.

▪ Extravagance is not purchasing that which is expensive when you are able to do so, it is purchasing and accumulating that which you cannot afford or make use of.

▪ We should ensure that we place a firm barrier between ourselves and the anger of Allāh by not contravening his prohibitions. For example, with regards to zina there are many guidelines to protect us from this prohibited act, such as the lowering of the gaze, dressing modestly, not being alone with the opposite gender, the restriction on women using strong perfume outside of their homes.

▪ Mini-assignment: find five examples from the Qur’ān where Allāh states ‘do not do’.

▪ Question 3: What is the definition of command and does it entail repetition and why?

▪ Question 4: Name the two types of children and discuss their responsibility for their actions.

Lesson 5

▪ Question 1: provide an example of where the Qur’ān specifies the Qur’ān.

▪ Question 2: provide an example from the Sunnah of Mutlaq and Muqayyid.

▪ Question 3: provide an example from the Sunnah where the Prophet uses the word Kull.

Lesson 6

▪ The students are encouraged to study Arabic as in doing so the lessons become even more enjoyable as one sees the beauty of the language used.

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▪ If the students feel that the translation provided can be improved please do so but inform the Shaykh of any changes in the translation of any terminology. These terms where translated by fellow students of the Shaykh at al Madīnah University and are not fixed. This may be particularly suitable for those students in the legal field, as this subject closely resembles their area of specialism.

▪ The methodology of the salaf is to assess the evidence first before coming to a view, whereas the methodology of the deviant sects and innovators is to start out with an outcome which they desire and try to find evidence which supports their view.

▪ The use of the principles for analysing ta‘wīl is a good way to clarify matters, and this is not just restricted to texts from the Qur’ān and Sunnah but can be used in everyday situations such as contractual interpretation.

▪ There are different methodologies adopted by authors on the subject of usūl al fiqh, with some first giving the student the tools to analyse the sources (i.e. the Qur’ān, Sunnah, Ijma and Qiyās), whereas others discuss the sources first and then provide the tools to analyse them.

▪ The Shaykh recommends certain books on the topic of the Sunnah, including ‘The Authority of the Sunnah’ by Sh. Zarabozo, and ‘The Sunnah: a Source of Legal Legislation’ by Mustapha as Sibā’i (published by IPH).

▪ The more you teach, the more you learn and better understand your subject matter.

Lesson 7

▪ If a person immerses himself in fiqh, usūl al fiqh and mustalah al hadīth, this would be an excellent foundation and would take someone’s knowledge to a new level.

▪ Question 1: find two more examples of the Sunnah abrogating the Sunnah.

▪ Question 2: find an example of the Sunnah abrogating the Qur’ān.

▪ Question 3: find an example of conflicting evidence in the book of purification from Bulūgh al Marām.

Lesson 8

▪ Whenever considering a scholar’s book or statement, one should always be conscious of the perspective that scholar is approaching a subject i.e. if they are a muhaddith, usūli, faqih etc.

▪ Question 1: what is the proof that ijmā‘ is source of law?

▪ Question 2: what is the opinion of the majority of the scholars regarding an opinion of a companion?

Lesson 9

▪ Question 1: name one example of qiyās al ‘illa.

▪ Question 2: is it permissible to make qiyās in aqīdah.

Please email corrections or clarifications to [email protected]

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