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Posts Tagged ‘Shari’ah’

بسم الله الرحمان الحيم

السلام عليكم و رحمة الله و بركاته

الحمد الله

AlhamduLilah have been blessed to start an Islamic blog dedicated just to Al Shari’ah roughly known as Islamic Law, a simple and an easy way to gain hasanat insha’Allah *smiles* also with the intention to spread Islamic knowledge as Prophet صلى الله عليه و سلم said, “Convey on my behalf even if it is only a verse (of the Qur’an)…” [Sahih al-Bukhari] Also for this purpose, Allah’s Messenger صلى الله عليه و سلم said, “When a man dies, his acts come to an end, but three, recurring charity, or knowledge (by which people) benefit, or a pious son, who prays for him (for the deceased).” [Sahih Muslim]

Insha’Allah I will be putting books written by classical ‘ulaama’ and ‘authentic’ contemporary shuyookh also with that other writings and audios. This blog will, insha’Allah, only concentrate on the ‘ibadaat or worship aspect and the prinicples of deriving them (Usul Al Fiqh), maxims of fiqh (Qawaa’id Al Fiqhiyyah), purposes of shari’ah (Maqasid Al Shari’ah) and finally shari’ah in general. I have also other blogs you can visit such as http://www.siraajunmuneer.wordpress.com & http://www.usulaldin.wordpress.com. I would like to thank Allah سبحانه و تعالى for giving me this opportunity to spread His message. Surely everything is from Allah سبحانه و تعالى as a test and I hope to succeed in this one (at least). I also hope that everyone who reads anything from here, benefits. Allahumma Ameen.

Take a look here

JazakAllah khairun wasalaamu ‘alaykum.

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بسم الله الرحمان الرحيم

الحمد الله

The Muslim community in the US is busy with the vote and are debating who the Muslims should pick as their president. The argument presented is we are choosing between the lesser of the two evils. In reality it is more about being American and part of the system than it is about benefiting the ummah because the fact of the matter is there is no benefit in either candidate whatsoever.

Democracy in an un-Islamic system and we as Muslims should have nothing to do with it. Whether one looks at the root and history of democracy or at the reality of democracy today one can realize that it is a system that is not only different than the Islamic system but is opposed to it. Can’t you see that the West in its war against Islam is offering the democratic system as an alternative to Sharia? So if the West, which is the founder of democracy, sees democracy as an opposing system to Islam why are some Muslims still insisting on participating in it and adopting it as their political religion?
Democracy is a Western system that was founded and developed in the West and today the West, not the Muslims, have full authority and right to tell the world what democracy is and how it should be practiced and implemented. We have our own system of government and likewise it is the Muslims who are going to define it and will not allow non Muslims to meddle with our religion and teach us what is right from wrong.
Muslims should seek to avoid any forms of participation in Western democracy.

The promoters of participation in American elections argue that we are choosing the least of the two evils. This principle is correct but what they are missing is that in the process of choosing the lesser of the two evils they are committing an even greater evil . The breaking down of the psychological barrier that should exist between Muslims and non-Muslims, the erosion of the aqeedah of wala and bara (loyalty to Allah and disavowal of the enemies of Allah,) and the risk of loosing one’s religion are evils that outweigh any benefit that may come out of such participation.

Also the types of candidates that American politics has been spitting out is absolutely disgusting. I wonder how any Muslim with a grain of iman in his heart could walk up to a ballot box and cast his vote in endorsement of creatures such as Mcain or Obama?! How can a Muslim sleep with a clear conscience after he has chosen the likes of G.W. Bush? No matter how irrelevant your vote is, on the Day of Judgment you will be called to answer for it. You, under no coercion or duress, consciously chose to vote for the leader of a nation that is leading the war against Islam.

There is also a strange belief among some that if we participate in the elections of the disbelievers we will bring good to ourselves, while if we have trust in Allah and avoid the disbelievers, as He wants from us, we will be missing out on some good and would draw harm to ourselves. They are so weak they believe we can only survive in today’s word if we seek support from the enemies of Allah. But for the believers Allah is sufficient for them and they do not need to seek assistance from the leaders or the governments of the disbelievers.

The is no benefit for the ummah in voting for the new American Pharoah

Imam Anwar Awlaki حفظه الله

http://www.anwar-alawlaki.com/

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Usul al-Fiqh

Usul al-Fiqh

بسم الله الرحمان الرحيم

السلام عليكم ورحمت الله و بركاته

الحمد الله

Fiqh: is the study of the physical rulings of the Shari’ah along with their detail evidences (not related to ‘Aqeedah).

Usul al-Fiqh: are the procedures, rules and principals that are used in order to derive Fiqh.

  • A command found in the Qur’an and Sunnah necessitates obligation unless there is some external evidence which shows otherwise.

Sources of Usul al-Fiqh:

1) Qur’an

2) Sunnah:

1) Prophet صلى الله عليه وسلم’s statement – qawl

2) Prophet صلى الله عليه وسلم’s doing – fa’l:

a) What has been commanded in the Qur’an to Prophet صلى الله عليه وسلم

b) What Prophet صلى الله عليه وسلم did explaining the conciseness of Qur’an.

c) Those rulings of the religion that are not found in the Qur’an.

d) Those acts which the Prophet صلى الله عليه وسلم did as a worship of Allah but were special for him.

e) Those things the Prophet صلى الله عليه وسلم did as a human being.

f) Actions Prophet صلى الله عليه وسلم did not do (Sunnah Tarkiyyah):

1) Acts that Prophet صلى الله عليه وسلم would leave for religious reasons. Ex: Not shaking hands with women

2) Some type of religious act that Prophet صلى الله عليه وسلم could have done but he صلى الله عليه purposely did not do. Ex: Not giving adhan for ‘Eid Salah.

3) Actions Prophet صلى الله عليه وسلم to show us that they are prohibited.

4) Actions Prophet صلى الله عليه وسلم left because he was of a certain culture, time and place.

g) Prophet صلى الله عليه وسلم’s silent approval – ‘iqraar. Ex: The hadith when Mu’adh bin Jabal رضي الله تعالى عنه prayed ‘Isha’ behind Prophet صلى الله عليه وسلم and then lead ‘Isha’ for his tribe.

We do not derive Fiqh rulings from points 2d and 2e.

Sunnah is divided in two sections:

1) Mutawaatir

2) Ahaad

3) Ijmaa’ (Scholarly consensus): unanimous agreement of all the scholars of a specific time and place on a certain matter without any difference of opinion

Prophet صلى الله عليه وسلم said, “My Ummah will never agree upon a misguidance.”

4) Qiyas (Analogy): is to take a ruling from Qur’an and Sunnah and to apply to a situation that is not found in the Qur’an nor the Sunnah due the commonality between them. Qiyas is based upon four principles:

1) The initial ruling: the presence of a ruling in either Qur’an or Sunnah with which analogy can be made.

2) The situation/matter that is not found in Qur’an and Sunnah.

3) The ruling on case one (initial ruling).

4) The common grounds between the two situations (initial and the one not found in Qur’an and Sunnah).

Dhaahiri madh’ab denied Qiyas as a source of Fiqh whilst Hanafi madh’ab stresses the most on Qiyas from amongst the 4 madha’hib. Hanbalis give the most emphasis on hadith and the least on Qiyas.

5) Statements of the Sahabah رضوان لله تعالى عليهم

6) Common Benefit for the community. Ex: The Sahabah رضوان الله تعالى عليهم compiled the whole Qur’an into one book.

These are mentioned in order of precedence.


Word Pairs / Terminologies Used in Usul al-Fiqh

1) Aam and Khaas – General and Specific:

‘Aam occurs when a certain word or phrase that has a large set of things that it applies to. Ex: As Allah سبحانه و تعالى has said, كُلُّ نَفْسٍ ذَائِقَةُ الْمَوْتِ

Khaas applies to a specific amount of people. Ex: As Allah سبحانه و تعالى has said,

إِنَّ الْإِنسَانَ لَفِي خُسْرٍ إِلَّا الَّذِينَ آمَنُوا وَعَمِلُوا الصَّالِحَاتِ وَتَوَاصَوْا بِالْحَقِّوَتَوَاصَوْا بِالصَّبْرِ

General ruling is that all mankind is in loss but the specific ruling is that except those who do righteous deeds, enjoin the truth and enjoin patience upon others.

This is used when there are two rulings in the Qur’an and Sunnah. One of them comes in an ‘Aam form and the other one in Khaas form. There is no contradiction between them. In the example given above, Allah سبحانه و تعالى immediately tells which people are not in loss. But sometimes, Allah سبحانه و تعالى does not mention it just after giving an ‘Aam ruling. For example when Allah سبحانه و تعالى said that those people, male and female, who steal, their hands should be cut off. But Prophet صلى الله عليه وسلم made this ‘Aam into Khaas when he صلى الله عليه وسلم specifically stated that a person’s hand will be chopped off when he/she steals above a certain value. Or if a person steals in hunger, his hand is not cut off.

2) Mutlaq and Muqayyad – Unconditional and Conditional:

Sometimes a verse comes as a Mutlaq and sometimes Muqayyad. For example ‘Aam applies to everything in its set at that time and Mutlaq applies to just one. For example, Allah سبحانه و تعالى has said if a person does one thing, he should free a slave. This is Mutlaq.

Another example, Allah سبحانه و تعالى has said when someone commits dhihaar with his wife like it was done in Jahiliyyah, and then they should free one slave before they touch their wife. This is also Mutlaq.

A third example, Allah سبحانه و تعالى has said that when a Muslims kills a another Muslims unintentionally, then he should free a believing slave. This is Muqayyad since there is a condition attached to it.

3) Mantooq and Mafhoom – Apparent and Unapparent

Mantooq is something is explicitly mentioned for example, Allah سبحانه و تعالى has said, “Whoever returns from Hajj, then let him fast seven days (if he did not give the penalty he was supposed to give).”

Mafhoom is something that is implied, for example, Allah سبحانه و تعالى said, “Give women their dowers freely and if they wish to return some of it to you freely, then eat of what they return to you.” The Mafhoom of the verse is that if the women don’t give their dowers, you can’t take it. This is not clearly mentions this, but this is rather inferred from the verse itself.

Mafhoom is only taken when doesn’t contradict the Mantooq of any verse or Hadith.

4) Haqiqi and Majazi:

Haqiqi is when a word is used in its primary sense.

Majazi is when a word is used its metaphorical sense.

Everything in Arabic is Haqiqi unless there is a proof that it is Majazi.

There is an Ikhtilaaf upon this issue that when is something Haqiqi and when is something Majazi. For example, does touching a woman break one’s wudu? Imam ash-Shafi’i رحمه الله تعالى has said yes and the proof is, “If you have from the restroom or have touched women (in its literal sense Laamsatum which means touch) and you do not find water, then do tayammum.” Touch in this verse, is it Haqiqi or Majazi? Imam ash-Shafi’i رحمه الله تعالى has said this is Haqiqi whilst others have said its Majazi. But Prophet صلى الله عليه وسلم would kiss ‘Aishah رضي الله تعالى عنها and would then go for Salah.

There is no Majazi when it comes to Allah سبحانه و تعالى ’s Names and Attributes. They are all Haqiqi


The Goals of the Shari’ah

The Shari’ah came to protect three things:

1) Dharuriyaat – Essentials:

a) Religion of Islam

b) Life

c) Sanity

d) Property

e) Honour (it includes progeny)

2) Al-Hajiyaat:

Those things that are important but are not necessary to live. For example, when a person buys more than his needs.

3) Tahsinaat – Perfections:

These are the things that perfect the Shari’ah but are not required for a person live

wAllahu A’alam

From the lecture, “Usul al Fiqh,” by Shaykh Yasir Qadhi (HafidhahuLlah)

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