This document discusses the Islamic legal principle of sadd al-dhara'i' (blocking the means). It defines sadd al-dhara'i' as blocking the means to an expected evil end to prevent it from materializing. Means can be blocked if they are likely or certain to lead to an unlawful result. The document provides examples from the Quran, hadiths, and rulings of early jurists to illustrate different types of means and when they can be prohibited. It also discusses contemporary issues where the principle could apply, like regulating internet use or banning fireworks to prevent harm.
Maslahah refers to public interest or general benefit in Islamic law. It is a method used by Muslim jurists to derive rulings on issues not explicitly addressed in the Quran or hadith. There are different types and classifications of maslahah. While some jurists like Malikis and Hanbalis approve of maslahah if certain conditions are met, others like Shafi'is are more restrictive in its application. Historically, maslahah was used by early Muslim leaders and caliphs to address new issues and it continues to be applied in modern contexts involving areas like banking, family law, and medicine when no clear religious text provides guidance.
Ijtihad refers to independent reasoning and interpretation of Islamic legal sources to derive rulings. While the Prophet Muhammad directly received divine guidance, after his death scholars engaged in ijtihad to apply Islamic principles to new situations. A mujtahid is a qualified legal scholar who performs ijtihad. However, after the Abbasid era, the doors of ijtihad were largely closed. Reviving ijtihad requires liberating religious institutions, reforming education, and allowing collective and collaborative efforts to interpret issues like women's roles, Muslim unity, economics, and citizens living as minorities.
Introduction to Usul Fiqh : Amal ahl al-madinahNaimAlmashoori
This document discusses the concept of 'Amal Ahl al-Madinah, which refers to the principle used by Imam Malik ibn Anas to derive Islamic rulings by referring to the practices of the people of Medina. Imam Malik considered the practices of Medina to be an authoritative source and would give rulings according to them, even over single hadiths if they contradicted the common practices. He believed the people of Medina had inherited and maintained the correct understanding of the Sunnah from the time of the Prophet and the generations immediately following him.
This document discusses the origin and development of usul al-fiqh (Islamic legal theory). It explains that during the Prophet's time, legal rulings were directly derived from the Quran and hadith. In the time of the companions, they gave rulings by understanding the sources and through consultation. During the successors, independent reasoning (ijtihad) was used alongside the opinions of companions. As new problems emerged with territorial expansion, frequent ijtihad led to the emergence of usul al-fiqh as an independent science in the 2nd Islamic century.
This document introduces the concept of al-Ijma' in Islamic law. It defines al-Ijma' as the unanimous consensus of qualified legal scholars (mujtahidun) on matters of Islamic jurisprudence. It outlines the basis of al-Ijma' in Islamic scripture and legal theory. It also discusses the conditions necessary for a valid consensus, such as unanimity of opinion among scholars of a single time period. Finally, it differentiates between explicit (sarih) and implicit (sukuti) forms of consensus.
This document discusses the Islamic legal maxim of intention (niyyah). It covers the following key points:
1. Intention refers to the will directed towards an action. Matters are judged according to intention.
2. Intention has 5 phases - from initial impact on the heart to solidification of will and determination.
3. Intention plays an important role in differentiating actions and is evidenced in the Quran and hadith. Intention determines reward or punishment.
4. Intention is in the heart, not through uttering words. Related maxims discuss the role of intention in contracts and differentiating types of worship.
Taqleed;
An Innovation in Deen or Necessary in Deen
A Critical Study on Ibn Al- Qayyim Al Jawziyyah’s (RA) Treatise on Taqleed
Delivered by Mufti Abdul Waheed
Taqleed – following a specific legal school, has been a topic of extreme controversy. Amongst the leading figures to critically write on this subject extensively was Imam Ibn Qayyim al-Jawziyyah (RA). He proposes the argument that it is necessary for every Muslim to primarily adhere to the scripture, Qur’an and Sunnah. Hence, those who strictly follow a particular legal school are in fact preferring a madhab over scriptures, which is tantamount to those of following their fore fathers, as condemned in the Qur’an. Superficially, it appears to be a valid argument but is it necessarily true that following a legal school results in abandoning or preferring it over scriptures? What is the need of scholars of great calibre adhering to one of the legal schools in the first place? Is it possible for every person to distinguish between authentic and non-authentic Hadeeth? Did the Imams themselves prohibit others of doing Talqeed of them? The whole discussion pivots on the issue of Ijtihad and whether is it necessary to know the evidence of the Imam or not.
Mufti Abdul Waheed will address the following major points;
What is Ijtihad and its Qualification?
Is it possible to always follow authentic Hadeeth?
Is it necessary for a layperson to know the evidences of his Imam?
Why Taqleed became part of the discourse of Usool ul-Fiqh?
Why follow one legal school as opposed to all in general?
Taqleed and ittiba, same thing or not?
A critical analysis on Ibn Qayyim al– Jawziyyah’s (RA) proposed arguments on Taqleed.
And much more….
By the end of the session you shall walk away with the understanding of the following;
The concept of Ijtihad and its applicability.
The legacy of the four Imams
Appreciate the complexity involved in determining what is authentic and what is not.
Why Taqleed of one school became necessary.
This document discusses the Islamic legal principle of sadd al-dhara'i' (blocking the means). It defines sadd al-dhara'i' as blocking the means to an expected evil end to prevent it from materializing. Means can be blocked if they are likely or certain to lead to an unlawful result. The document provides examples from the Quran, hadiths, and rulings of early jurists to illustrate different types of means and when they can be prohibited. It also discusses contemporary issues where the principle could apply, like regulating internet use or banning fireworks to prevent harm.
Maslahah refers to public interest or general benefit in Islamic law. It is a method used by Muslim jurists to derive rulings on issues not explicitly addressed in the Quran or hadith. There are different types and classifications of maslahah. While some jurists like Malikis and Hanbalis approve of maslahah if certain conditions are met, others like Shafi'is are more restrictive in its application. Historically, maslahah was used by early Muslim leaders and caliphs to address new issues and it continues to be applied in modern contexts involving areas like banking, family law, and medicine when no clear religious text provides guidance.
Ijtihad refers to independent reasoning and interpretation of Islamic legal sources to derive rulings. While the Prophet Muhammad directly received divine guidance, after his death scholars engaged in ijtihad to apply Islamic principles to new situations. A mujtahid is a qualified legal scholar who performs ijtihad. However, after the Abbasid era, the doors of ijtihad were largely closed. Reviving ijtihad requires liberating religious institutions, reforming education, and allowing collective and collaborative efforts to interpret issues like women's roles, Muslim unity, economics, and citizens living as minorities.
Introduction to Usul Fiqh : Amal ahl al-madinahNaimAlmashoori
This document discusses the concept of 'Amal Ahl al-Madinah, which refers to the principle used by Imam Malik ibn Anas to derive Islamic rulings by referring to the practices of the people of Medina. Imam Malik considered the practices of Medina to be an authoritative source and would give rulings according to them, even over single hadiths if they contradicted the common practices. He believed the people of Medina had inherited and maintained the correct understanding of the Sunnah from the time of the Prophet and the generations immediately following him.
This document discusses the origin and development of usul al-fiqh (Islamic legal theory). It explains that during the Prophet's time, legal rulings were directly derived from the Quran and hadith. In the time of the companions, they gave rulings by understanding the sources and through consultation. During the successors, independent reasoning (ijtihad) was used alongside the opinions of companions. As new problems emerged with territorial expansion, frequent ijtihad led to the emergence of usul al-fiqh as an independent science in the 2nd Islamic century.
This document introduces the concept of al-Ijma' in Islamic law. It defines al-Ijma' as the unanimous consensus of qualified legal scholars (mujtahidun) on matters of Islamic jurisprudence. It outlines the basis of al-Ijma' in Islamic scripture and legal theory. It also discusses the conditions necessary for a valid consensus, such as unanimity of opinion among scholars of a single time period. Finally, it differentiates between explicit (sarih) and implicit (sukuti) forms of consensus.
This document discusses the Islamic legal maxim of intention (niyyah). It covers the following key points:
1. Intention refers to the will directed towards an action. Matters are judged according to intention.
2. Intention has 5 phases - from initial impact on the heart to solidification of will and determination.
3. Intention plays an important role in differentiating actions and is evidenced in the Quran and hadith. Intention determines reward or punishment.
4. Intention is in the heart, not through uttering words. Related maxims discuss the role of intention in contracts and differentiating types of worship.
Taqleed;
An Innovation in Deen or Necessary in Deen
A Critical Study on Ibn Al- Qayyim Al Jawziyyah’s (RA) Treatise on Taqleed
Delivered by Mufti Abdul Waheed
Taqleed – following a specific legal school, has been a topic of extreme controversy. Amongst the leading figures to critically write on this subject extensively was Imam Ibn Qayyim al-Jawziyyah (RA). He proposes the argument that it is necessary for every Muslim to primarily adhere to the scripture, Qur’an and Sunnah. Hence, those who strictly follow a particular legal school are in fact preferring a madhab over scriptures, which is tantamount to those of following their fore fathers, as condemned in the Qur’an. Superficially, it appears to be a valid argument but is it necessarily true that following a legal school results in abandoning or preferring it over scriptures? What is the need of scholars of great calibre adhering to one of the legal schools in the first place? Is it possible for every person to distinguish between authentic and non-authentic Hadeeth? Did the Imams themselves prohibit others of doing Talqeed of them? The whole discussion pivots on the issue of Ijtihad and whether is it necessary to know the evidence of the Imam or not.
Mufti Abdul Waheed will address the following major points;
What is Ijtihad and its Qualification?
Is it possible to always follow authentic Hadeeth?
Is it necessary for a layperson to know the evidences of his Imam?
Why Taqleed became part of the discourse of Usool ul-Fiqh?
Why follow one legal school as opposed to all in general?
Taqleed and ittiba, same thing or not?
A critical analysis on Ibn Qayyim al– Jawziyyah’s (RA) proposed arguments on Taqleed.
And much more….
By the end of the session you shall walk away with the understanding of the following;
The concept of Ijtihad and its applicability.
The legacy of the four Imams
Appreciate the complexity involved in determining what is authentic and what is not.
Why Taqleed of one school became necessary.
Introduction to Usul Fiqh:The Sources of LawNaimAlmashoori
The document discusses the classification of sources of Islamic law according to origin, application, and authoritativeness. There are two main classifications according to origin: textual sources (Quran and hadith) and non-textual sources based on reasoning. Sources are also classified as agreed upon or disagreed upon according to application. Finally, sources are categorized as definitive or probable based on the authoritativeness of their transmission and meaning. The most authoritative sources are the Quran and mutawatir hadiths that have a single clear meaning.
Introduction to Usul Fiqh : al hukm al-shariiNaimAlmashoori
The document discusses the definition and types of al-Hukm al-Shar'i, which refers to Islamic legal rulings and principles. It defines al-Hukm al-Shar'i and explains that it includes two main types of rules: 1) al-Hukm al-Taklifi, which are obligation-creating rules that establish standards of behavior for Muslims, and 2) al-Hukm al-Wad'i, which are declaratory rules that facilitate the application of the first type of rules in real-life situations. The document provides examples and details the technical meanings and differences between these two types of Islamic legal rulings.
1) Custom plays an important role in Islamic law by helping to specify general matters and restrict unrestricted matters when the Sharia does not provide details.
2) Custom can influence Islamic law through texts and traditions based on customs, the sunnah's tacit approval of Arab customs, and Maliki acceptance of Medinan practices without explicit texts.
3) Customs are classified as verbal versus practical, general versus particular, and valid versus invalid. Verbal customs concern word meanings while practical customs involve recurrent actions.
This document defines and discusses the Islamic legal principle of istislah (considering public interest and benefit). Istislah involves deriving rulings to acquire benefits and prevent harms for the public where the sacred texts are silent. It defines types of maslahah (public interests) and categories of istislah based on the strength of textual support. The document outlines majority and minority views on when istislah can and cannot be applied and provides examples of its use historically and in modern times.
Imām Abu Hanifah(ra) Life, Legacy, Methodology and Fiqhjkninstitute
The document outlines an upcoming course on Imam Malik and his legal school presented by Mufti Abdul Waheed. The course will cover Imam Malik's life, works, legal theory, methodology, contributors to developing his school, students, testimony from other scholars, and analysis of some criticisms against him. It provides an agenda with timing for the sessions covering Part 1 on Imam Malik's background, Part 2 on his legal methodology, and Part 3 on misconceptions about him.
Introduction to Usul Fiqh : al hukm al-taklifi 2NaimAlmashoori
The document provides an overview of the concept of prohibition (al-tahrim) in Islamic jurisprudence. It defines prohibition as a demand by the lawgiver to omit an act with certain binding terms where there is punishment for doing the act and reward for omitting it. Examples of prohibition include verses containing words that clearly forbid an act, negate its permissibility, or demand avoidance of the act. The document discusses the binding nature and examples of prohibition, as well as the Hanafite view on acts that are definitely or probably prohibited.
Istishab is a legal principle that presumes continuity of circumstances or attributes from the past into the present or future. There are different views on its validity as proof. It includes four types: presumption of original absent, presumption of original present, continuity of rules/enactments, and continuity of attributes. Istishab is applied through legal maxims like "permissibility is the original state" and "certainty is not removed by doubt." It maintains the status quo until evidence establishes a change.
The document discusses the Islamic legal maxim of istishab and its application in cases of missing persons. There are three main scholarly opinions on istishab:
1. The majority view of some schools holds istishab as a valid argument to either deny or confirm a ruling until evidence establishes otherwise. They argue a missing person is presumed alive until proven dead, retaining their rights.
2. Some Hanafis see istishab as an argument to deny only, not confirm. In missing persons cases, rights existing before are retained but new rights like inheritance are not granted.
3. Most Hanafi jurists and some scholars reject istishab as an argument. For missing persons, neither life nor death
The document discusses the concept of maslahah mursalah in Islamic jurisprudence. It defines maslahah mursalah as unrestricted public interest that has not been explicitly regulated by the lawgiver. The document outlines the views of different jurists on when istislah (public interest) can be used as a basis for legislation. It also discusses the conditions for a maslahah to be valid, such as being genuine, general, and not in conflict with clear religious texts or scholarly consensus. Finally, it categorizes different types of maslahah - those upheld by the lawgiver, nullified by the lawgiver, and unrestricted maslahah murs
Istishab, or presumption of continuity, refers to the principle that the past or present condition or state of affairs is presumed to continue unchanged in the future unless evidence is provided to establish otherwise. There are different types of istishab including presumption of original absence, presumption of original presence, presumption of continuity of general rules, and presumption of continuity of attributes. While juristic views differ on whether istishab can be used as a proof on its own, it is generally accepted as a tool to maintain the status quo in the absence of new evidence. Istishab is guided by legal maxims including the principles of original permissibility, original freedom from liability, and that certainty is not disproved by doubt
Ijtihad refers to the total effort exerted by a qualified legal scholar, or mujtahid, to infer rulings of sharia from detailed scriptural evidence. The task of the mujtahid is to discover rulings that are explicitly stated in sources like the Quran and hadith, extend them to new cases, and discover rulings for cases not covered by sources. To perform ijtihad, one must possess expert knowledge of Arabic, the Quran, hadith, consensus (ijma), analogy (qiyas), objectives of sharia, and maxims of jurisprudence, among other qualifications. Today, for a mujtahid's opinion to have significance it must be accepted by
Introduction to Usul Fiqh :mahkum fih + mahkum alayhNaimAlmashoori
1. The document discusses the concept of hukm (legal rule) in Islamic law, including its meaning as a communication from God relating to the acts of humans.
2. It examines the subject matter (mahkum fihi) of legal rules, which are the acts, rights, and obligations of legally responsible persons (mukallaf).
3. Various types of legal rules are described based on whether the rule protects the rights of God, individuals, or a combination of both.
The document provides an overview of the concept of hukm taklifi in Islamic jurisprudence. It defines hukm taklifi as a communication from God that requires subjects to perform or omit acts or choose between them. There are five main categories of hukm taklifi: obligation, recommendation, disapproval, prohibition, and permissibility. It elaborates on each category, providing examples and explaining their meanings, implications, and differences according to various schools of thought in Islamic law.
This document discusses different views on the authority of fatwas (legal rulings or opinions) made by sahabi (companions of the Prophet Muhammad). It outlines four main views:
1) The fatwa of a companion is binding proof that must be followed based on their closeness to the Prophet and praise of them in the Quran/hadith.
2) A companion's ijtihad (legal reasoning) is not binding proof for later scholars as the Quran obligates independent reasoning for all qualified scholars.
3) Abu Hanifa's view was that a companion's fatwa is proof only when conflicting with legal analogy (qiyas) but not when agreeing with it.
2-Imām Malik (ra) Life, Legacy, Methodology and Fiqhjkninstitute
This document provides an agenda and content outline for a course on the Maliki school of jurisprudence presented by Mufti Abdul Waheed. The agenda includes sessions on Imam Malik, legal methodology, and distinctions between the Maliki and Hanafi schools. The content outline covers Imam Malik's life, teachers, works including Al-Muwatta, sources of legal principles, and the spread of the Maliki school. It also compares the Maliki and Hanafi approaches to issues like the employment of legal reasoning and the reliance on different regions' jurisprudence. The document recommends further reading and announces an upcoming course on Imam Shafi'i and his legal school.
Explain about How the Quran is used as the first source of Syariah, referring to Principles of Islamic Jurisprudence book by Prof. Mohammad Hashim Kamali,
3rd edition (2005)
Conversion involves interfering with another's property rights in a way that is inconsistent with those rights. There are three elements required for conversion: 1) the defendant's conduct must be inconsistent with the rights of the owner or possessor, 2) the conduct must be deliberate, and 3) the conduct must constitute an extensive encroachment on the owner's rights such that they are excluded from use and possession of the goods. Examples of conversion include intentionally taking possession of another's property without justification or abusing possession of lawfully held goods. Mere unintentional or accidental interference is typically not enough to establish conversion.
There are differing views on the feasibility of ijma' or scholarly consensus in Islamic law. Some scholars like the Muktazilah and some Shia scholars believe ijma' is not feasible as it is impossible to get agreement among all scholars on legal issues due to their different locations, schools of thought, and potential for changing opinions. Other groups like the Zahiris and Imam Ahmad Hanbal believe ijma' is feasible but only applies to the consensus of the Prophet's companions. Imam Malik believed ijma' is feasible but only for the scholars of Madinah. Shia Imamiyyah only recognize the consensus of the Prophet's family. Modern scholar Abd al-Wahhab Kh
This document provides an introduction and overview of a book titled "Ijtihad: Meanings, Application & Scope" by Shaykh-ul-Islam Dr. Muhammad Tahir-ul-Qadri. The introduction discusses how Muslims once led the world in fields of science and reason but later fell into ignorance, and how ijtihad, or legal reasoning, is needed to reconcile divine principles with changing worldly conditions. It also provides background on Dr. Tahir-ul-Qadri's work of reviving ijtihad and establishing Minhaj-ul-Quran International to spread a message of global peace and restore man's true status. The document includes a table of contents for the
Dokumen tersebut membahas tentang ijtihad dan mujtahid dalam empat kalimat. Pertama, menjelaskan pengertian ijtihad dan syarat menjadi mujtahid. Kedua, menyebutkan empat imam mazhab besar yaitu Abu Hanifah, Malik, Syafi'i, dan Ahmad. Ketiga, memberikan ringkasan singkat tentang sejarah, manhaj, dan karya masing-masing imam mazhab.
Introduction to Usul Fiqh:The Sources of LawNaimAlmashoori
The document discusses the classification of sources of Islamic law according to origin, application, and authoritativeness. There are two main classifications according to origin: textual sources (Quran and hadith) and non-textual sources based on reasoning. Sources are also classified as agreed upon or disagreed upon according to application. Finally, sources are categorized as definitive or probable based on the authoritativeness of their transmission and meaning. The most authoritative sources are the Quran and mutawatir hadiths that have a single clear meaning.
Introduction to Usul Fiqh : al hukm al-shariiNaimAlmashoori
The document discusses the definition and types of al-Hukm al-Shar'i, which refers to Islamic legal rulings and principles. It defines al-Hukm al-Shar'i and explains that it includes two main types of rules: 1) al-Hukm al-Taklifi, which are obligation-creating rules that establish standards of behavior for Muslims, and 2) al-Hukm al-Wad'i, which are declaratory rules that facilitate the application of the first type of rules in real-life situations. The document provides examples and details the technical meanings and differences between these two types of Islamic legal rulings.
1) Custom plays an important role in Islamic law by helping to specify general matters and restrict unrestricted matters when the Sharia does not provide details.
2) Custom can influence Islamic law through texts and traditions based on customs, the sunnah's tacit approval of Arab customs, and Maliki acceptance of Medinan practices without explicit texts.
3) Customs are classified as verbal versus practical, general versus particular, and valid versus invalid. Verbal customs concern word meanings while practical customs involve recurrent actions.
This document defines and discusses the Islamic legal principle of istislah (considering public interest and benefit). Istislah involves deriving rulings to acquire benefits and prevent harms for the public where the sacred texts are silent. It defines types of maslahah (public interests) and categories of istislah based on the strength of textual support. The document outlines majority and minority views on when istislah can and cannot be applied and provides examples of its use historically and in modern times.
Imām Abu Hanifah(ra) Life, Legacy, Methodology and Fiqhjkninstitute
The document outlines an upcoming course on Imam Malik and his legal school presented by Mufti Abdul Waheed. The course will cover Imam Malik's life, works, legal theory, methodology, contributors to developing his school, students, testimony from other scholars, and analysis of some criticisms against him. It provides an agenda with timing for the sessions covering Part 1 on Imam Malik's background, Part 2 on his legal methodology, and Part 3 on misconceptions about him.
Introduction to Usul Fiqh : al hukm al-taklifi 2NaimAlmashoori
The document provides an overview of the concept of prohibition (al-tahrim) in Islamic jurisprudence. It defines prohibition as a demand by the lawgiver to omit an act with certain binding terms where there is punishment for doing the act and reward for omitting it. Examples of prohibition include verses containing words that clearly forbid an act, negate its permissibility, or demand avoidance of the act. The document discusses the binding nature and examples of prohibition, as well as the Hanafite view on acts that are definitely or probably prohibited.
Istishab is a legal principle that presumes continuity of circumstances or attributes from the past into the present or future. There are different views on its validity as proof. It includes four types: presumption of original absent, presumption of original present, continuity of rules/enactments, and continuity of attributes. Istishab is applied through legal maxims like "permissibility is the original state" and "certainty is not removed by doubt." It maintains the status quo until evidence establishes a change.
The document discusses the Islamic legal maxim of istishab and its application in cases of missing persons. There are three main scholarly opinions on istishab:
1. The majority view of some schools holds istishab as a valid argument to either deny or confirm a ruling until evidence establishes otherwise. They argue a missing person is presumed alive until proven dead, retaining their rights.
2. Some Hanafis see istishab as an argument to deny only, not confirm. In missing persons cases, rights existing before are retained but new rights like inheritance are not granted.
3. Most Hanafi jurists and some scholars reject istishab as an argument. For missing persons, neither life nor death
The document discusses the concept of maslahah mursalah in Islamic jurisprudence. It defines maslahah mursalah as unrestricted public interest that has not been explicitly regulated by the lawgiver. The document outlines the views of different jurists on when istislah (public interest) can be used as a basis for legislation. It also discusses the conditions for a maslahah to be valid, such as being genuine, general, and not in conflict with clear religious texts or scholarly consensus. Finally, it categorizes different types of maslahah - those upheld by the lawgiver, nullified by the lawgiver, and unrestricted maslahah murs
Istishab, or presumption of continuity, refers to the principle that the past or present condition or state of affairs is presumed to continue unchanged in the future unless evidence is provided to establish otherwise. There are different types of istishab including presumption of original absence, presumption of original presence, presumption of continuity of general rules, and presumption of continuity of attributes. While juristic views differ on whether istishab can be used as a proof on its own, it is generally accepted as a tool to maintain the status quo in the absence of new evidence. Istishab is guided by legal maxims including the principles of original permissibility, original freedom from liability, and that certainty is not disproved by doubt
Ijtihad refers to the total effort exerted by a qualified legal scholar, or mujtahid, to infer rulings of sharia from detailed scriptural evidence. The task of the mujtahid is to discover rulings that are explicitly stated in sources like the Quran and hadith, extend them to new cases, and discover rulings for cases not covered by sources. To perform ijtihad, one must possess expert knowledge of Arabic, the Quran, hadith, consensus (ijma), analogy (qiyas), objectives of sharia, and maxims of jurisprudence, among other qualifications. Today, for a mujtahid's opinion to have significance it must be accepted by
Introduction to Usul Fiqh :mahkum fih + mahkum alayhNaimAlmashoori
1. The document discusses the concept of hukm (legal rule) in Islamic law, including its meaning as a communication from God relating to the acts of humans.
2. It examines the subject matter (mahkum fihi) of legal rules, which are the acts, rights, and obligations of legally responsible persons (mukallaf).
3. Various types of legal rules are described based on whether the rule protects the rights of God, individuals, or a combination of both.
The document provides an overview of the concept of hukm taklifi in Islamic jurisprudence. It defines hukm taklifi as a communication from God that requires subjects to perform or omit acts or choose between them. There are five main categories of hukm taklifi: obligation, recommendation, disapproval, prohibition, and permissibility. It elaborates on each category, providing examples and explaining their meanings, implications, and differences according to various schools of thought in Islamic law.
This document discusses different views on the authority of fatwas (legal rulings or opinions) made by sahabi (companions of the Prophet Muhammad). It outlines four main views:
1) The fatwa of a companion is binding proof that must be followed based on their closeness to the Prophet and praise of them in the Quran/hadith.
2) A companion's ijtihad (legal reasoning) is not binding proof for later scholars as the Quran obligates independent reasoning for all qualified scholars.
3) Abu Hanifa's view was that a companion's fatwa is proof only when conflicting with legal analogy (qiyas) but not when agreeing with it.
2-Imām Malik (ra) Life, Legacy, Methodology and Fiqhjkninstitute
This document provides an agenda and content outline for a course on the Maliki school of jurisprudence presented by Mufti Abdul Waheed. The agenda includes sessions on Imam Malik, legal methodology, and distinctions between the Maliki and Hanafi schools. The content outline covers Imam Malik's life, teachers, works including Al-Muwatta, sources of legal principles, and the spread of the Maliki school. It also compares the Maliki and Hanafi approaches to issues like the employment of legal reasoning and the reliance on different regions' jurisprudence. The document recommends further reading and announces an upcoming course on Imam Shafi'i and his legal school.
Explain about How the Quran is used as the first source of Syariah, referring to Principles of Islamic Jurisprudence book by Prof. Mohammad Hashim Kamali,
3rd edition (2005)
Conversion involves interfering with another's property rights in a way that is inconsistent with those rights. There are three elements required for conversion: 1) the defendant's conduct must be inconsistent with the rights of the owner or possessor, 2) the conduct must be deliberate, and 3) the conduct must constitute an extensive encroachment on the owner's rights such that they are excluded from use and possession of the goods. Examples of conversion include intentionally taking possession of another's property without justification or abusing possession of lawfully held goods. Mere unintentional or accidental interference is typically not enough to establish conversion.
There are differing views on the feasibility of ijma' or scholarly consensus in Islamic law. Some scholars like the Muktazilah and some Shia scholars believe ijma' is not feasible as it is impossible to get agreement among all scholars on legal issues due to their different locations, schools of thought, and potential for changing opinions. Other groups like the Zahiris and Imam Ahmad Hanbal believe ijma' is feasible but only applies to the consensus of the Prophet's companions. Imam Malik believed ijma' is feasible but only for the scholars of Madinah. Shia Imamiyyah only recognize the consensus of the Prophet's family. Modern scholar Abd al-Wahhab Kh
This document provides an introduction and overview of a book titled "Ijtihad: Meanings, Application & Scope" by Shaykh-ul-Islam Dr. Muhammad Tahir-ul-Qadri. The introduction discusses how Muslims once led the world in fields of science and reason but later fell into ignorance, and how ijtihad, or legal reasoning, is needed to reconcile divine principles with changing worldly conditions. It also provides background on Dr. Tahir-ul-Qadri's work of reviving ijtihad and establishing Minhaj-ul-Quran International to spread a message of global peace and restore man's true status. The document includes a table of contents for the
Dokumen tersebut membahas tentang ijtihad dan mujtahid dalam empat kalimat. Pertama, menjelaskan pengertian ijtihad dan syarat menjadi mujtahid. Kedua, menyebutkan empat imam mazhab besar yaitu Abu Hanifah, Malik, Syafi'i, dan Ahmad. Ketiga, memberikan ringkasan singkat tentang sejarah, manhaj, dan karya masing-masing imam mazhab.
Dokumen tersebut membahas tentang ijtihad sebagai salah satu sumber hukum Islam. Ijtihad dilakukan untuk menemukan hukum agama melalui al-Quran dan hadis ketika tidak ditemukan hukumnya secara langsung. Terdapat beberapa tingkatan ijtihad dan persyaratan untuk menjadi mujtahid. Ijtihad dilakukan pada masalah-masalah tertentu dengan menggunakan metode seperti qiyas.
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Observe the profoundness of Sayyidina ‘Umar’s view and ijtihad; he was able to anticipate the impact and implications of the future, should Al-Quran not be collected and complied as one mushaf or book. With the demise of so many Qurra’ and Huffaz, an immediate decision needed to be made to ensure the survival of Al-Quran. The immediate response of Sayyidina ‘Umar did not only benefit the companions and the tabi’in at that time, but the benefits are also reaped by all of us today.
Caliph 'Umar r.a. is a wise, insightful and principled caliph.
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This document summarizes a treatise by Shaikh-ul-Islam Muhammad Ibn 'Abd-il-Wahhaab listing 128 aspects of belief and practice that the people of pre-Islamic Arabia (the Days of Ignorance) adhered to, which Islam opposed. The treatise aims to clarify Islam by highlighting its opposite, the Days of Ignorance. Some key aspects mentioned include: (1) invoking righteous people for intercession with God, (2) dividing into religious sects and factions, (3) failing to obey legitimate authority. The document provides important historical and theological context for understanding aspects of pre-Islamic Arabia that Islam rejected.
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The document discusses the concept of fiqh (Islamic jurisprudence) according to the Hanafi school of thought. It provides definitions of key terms like sharia, fiqh, fard, wajib, and branches of fiqh related to worship, transactions, family relations and more. It explains the sources of fiqh as the Quran, hadith, ijma and qiyas. The document also discusses the evolution of fiqh and differences between Islamic law and man-made systems. Finally, it provides a detailed example to explain the Hanafi concept of "wajib" using the obligatory acts of reciting Surah al-Fatihah and performing salat al-witr in prayers
The document discusses signs that will occur before Judgment Day based on Quranic verses and hadiths. It mentions signs like the splitting of the moon, the nearing of the Hour, and the rise of tribulations. The Prophet warned that some people will lead others astray and called for sticking to the main Muslim body. Overall, it conveys that the signs indicate Judgment Day is approaching but its exact timing is only known to God.
The document discusses signs that will occur before the Day of Judgment based on Quranic verses and hadiths. It mentions signs like the splitting of the moon, the closeness of the Prophet's time to the Hour, the drawing near of mankind's reckoning, and increasing tribulations. The Prophet warned that evil will come after good and some people will lead others astray, calling people to Hell. Believers are advised to stick to the main Muslim body and its leader or isolate themselves if there is no clear authority.
The document discusses several hadiths about signs that will occur before Judgment Day. It mentions increasing divisions within religious groups, a rise in ignorance and disappearance of knowledge, widespread immorality, and Islam becoming worn out with few knowing the religion's practices. One hadith says the Quran will disappear overnight, leaving only elderly people reciting the shahadah without understanding its meaning. Overall, the signs foretell a dark period with declining faith preceding the final Day.
This document discusses several questions related to Islamic rulings and theology. It provides detailed responses to questions about visiting the Prophet's grave, divorce during anger, and attributes of Allah. The responses clarify different scholarly opinions and aim to correct misconceptions. The document also warns against certain claims made by some callers and advises caution when editing classical texts to avoid introducing innovations.
The document discusses the Islamic concept of tawheed (monotheism) which has three categories - tawheed of ruboobiyyah (lordship), tawheed of the names and attributes of God, and tawheed of worship. It explains how various sects diverged from mainstream Islam by rejecting one of these aspects of tawheed, introducing pagan concepts of God. The categories of tawheed were analyzed after Islam's spread to better understand new converts' beliefs and respond to those distorting tawheed to undermine the religion. Maintaining a clear understanding of tawheed as taught by the Prophet Muhammad is vital to avoiding deviant paths.
The document discusses six foundational principles of Islam:
1. The religion is best understood through the Quran and authentic Hadith.
2. Scholars must differentiate the religious message from its carriers or interpreters, and refer back to the primary sources when experts disagree.
3. Even Imam Abu Hanifa said that the Hadith takes precedence over his own opinions.
4. Islam as a religion is perfect, but individuals are fallible.
5. The Quran guides some and misguides others by design.
6. Differences arise when attaching to certain scholars rather than the Prophet and Companions.
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This document provides a summary of the Islamic concept of "enjoining right and forbidding wrong" in 3 sentences or less:
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This document provides a summary of the Islamic concept of "enjoining right and forbidding wrong" in 3 sentences or less:
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En enjoining right_and_forbidding_wrongHelmon Chan
This document provides a summary of the Islamic concept of "enjoining right and forbidding wrong" in 3 sentences or less:
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Ijtihad at the time of the Prophet
1. Ijtihad at the time of the Prophet
During our times, when confronted with various different issues which are not referred
to by the Quran and the Sunnah of the messenger of Allah وسلم عليه هللا ,صلى the scholars make
ijtihad in order to derive a ruling. This has been the case since the time of the Prophet
Muhammad وسلم عليه هللا صلى . The Prophet وسلم عليه هللا صلى was the first one to practice ijtihad
and the companions followed suit. Even though it is a fact that the companions of the Prophet
وسلم عليه هللا صلى made ijtihad the scholars are divided into three groups:
a. The companions not being allowed to make ijtihad, weather in the presence or
absence of the messenger of Allah وسلم عليه هللا صلى .
b. The companions being allowed to make ijtihad during the Prophet’s absence and
with permission during his presence.
c. The companions being allowed to make ijtihad during the messenger’s absence and
presence, with and without permission.1
The first group (a), which is a minority, said that it was not permissible for the companions to do
ijtihad weather in the presence of the Prophet عليه هللا صلىوسل or during his absence.2
They
believe that the companions would always be able to have access to the Prophet (saw) hence to
divine knowledge. They say, because of this reason, that why an individual would exercise their
own opinion which could be erroneous instead when they can go straight to divine guidance
which is always correct.3
But this opinion is baseless because the companions of the Prophet
وسلم عليه هللا صلى were not confined to Medina, rather they were spread throughout the Arabian
Peninsula, Yemen, Bahrain, Najd, Tihamah, Yamamah, etc and at those times there were not any
means of rapid communication through which they could have a ruling from the Prophet هللا صلى
وسلم .عليه4
The second group (b) claim that the companions who were not in the presence of the Prophet
وسلم عليه هللا صلى were allowed to make ijtihad as they didn’t have access to divine knowledge for
those particular instances. The scholars who held this opinion are Abu Abdullah Al Hanbali, Ibn
Aqeel and Abul Khattab.5
They say that waiting to get an answer from the Prophet عليه هللا صلى
,وسلم given the slow means of communication, would cause a lot of problems to arise between
people, hence they needed to exercise their own ijtihad. Al Badawi claimed the consensus of the
scholars that it was permissible for the companions who were not in the presence of the
Prophet وسلم عليه هللا صلى to make their own ijtihad.6
1
http://www.wimnet.org/articles/ijtihad1.htm
2
Al-Ghazali, Abu Hamid Muhammad bin Muhammad, al Mustafa vol. 2, p.354; al-Amidi, Sayf al-Din, al-Ikham vol. 3,
p.213 al-Asnawi, Jamal al-Din Abd al-Rahim, Nihayat al-sul fi Sharh Minhaj al-Wusul, vol.3 (Cairo, 1969/1389), p.197.
3
Al-Amidi, al-Ikham, vol. 3, p.214.
4
http://www.wimnet.org/articles/ijtihad1.htm
5
Ibid
6
Al-Baydawi, Abu Said Abdullah bin Umar, Minhaj al-Wusul, vol. 3, (Cairo, 1969/1389), p.196.
2. The Third group (c), the majority of the scholars are of the opinion that it was permissible for
the companions to make ijtihad weather they were in the vicinity of the Prophet وسلم عليه هللا صلى
or they were far away from him with his permission or not.7
The scholars belonging to this group
include Muhammad ibn Hassan Ash Shaybani, Al Ghazali, Fakhr ud-Din ar Razi, al Baydawi and al
Amidi.8
The reason that some of the scholars claimed that it was not permissible for the companions of
the prophet; to practice ijtihad is because they didn’t see any need for ijtihad during that time.
Since the Prophet وسلم عليه هللا صلى was alive and present during those times, the scholars
reasoned that the companions could refer back to revelation in order to confirm what should be
done. Also if no one could come up with a solution Allah could reveal the answer to their
problems.
Despite the fact that the Prophet وسلم عليه هللا صلى was alive during those times and that
revelation was coming down on a regular basis, both the prophet and the companions practiced
ijtihad. Also it is implied in the Quran that ijtihad is actually encouraged in times of necessity.
Allah says in the Quran:
Contemplate, O you who are endowed with insight9
Also not only did the messenger of Allah صلىهللاعليهوسلم practice ijtihad but rather he also
encouraged his companions to do so as well. The Prophet وسلم عليه هللا صلى said: “Anyone who
exercises his personal reasoning and achieves the right, he will get two times the reward.
However if any mistake occurs in ijtihad, even then he will get one time the reward.”10
On
another occasion the Prophet وسلم عليه هللا صلى asked ‘Amr Ibn Al As to judge between people
about a dispute. Amr replied: “How can I exercise my ijtihad while you are present?” The
Prophet وسلم عليه هللا صلى said: “Yes (do it), if you achieve the right then you will receive two
times the reward. Even if you make a mistake in your ijtihad, you will still receive one time the
reward.”11
Now that we have made it clear that ijtihad was done at the time of the Prophet وسلم عليه هللا صلى
by himself and his companions, in his presence and absence let us look at the reasons that they
did so. The Prophet وسلم عليه هللا صلى said: “I am only a human being. When a case is presented to
me, I might rule in favour of the party who presents his case in a better way, wrongly leading me
to think that he is right. In this case, if I gave someone something that in fact belongs to his
brother rather than himself, he should not accept it. For the thing that I gave him is nothing but
7
Al-Amidi, al-Ikham, vol. 3, p. 213.
8
Al-Baydawi, Minhaj al-Wusul, vol. 3, pp. 196-197; Muhibbullah bin Abd al-Shakur, Musallam al-Thabut, vol. 2
(Baghdad, 1970), p. 374.
9
Quran 59:2.
10
Al-Tirmizi, Muhammad bin Isa, al-Jami al-Sahih, vol. 2 (Cairo, 1964/1384), p. 393.
11
Al-Ghazali, Abu Hamid, al-Mustafa, vol. 2, p. 355.
3. a piece of fire.”12
This hadith indicates clearly that one of the reasons the Prophet عليه هللا صلى
وسلم made ijtihad was to make his companions aware of the humanity of himself. He wanted his
companions to know that just like them he is a human being and has no divinity. By doing this
he wanted to make sure that they would not elevate him above what his merit is. This hadith
also indicates that the Prophet وسلم عليه هللا صلى did not have the keys of the unseen;13
“therefore
he had to make decisions based on the apparent and circumstantial evidence presented to
him.”14
Another reason the Prophet وسلم عليه هللا صلى made ijtihad is because it set a precedent for the
companions and the Muslims to come. This made it very clear the permissibility of making
ijtihad when there were no other divine sources which deal with those situations explicitly.15
This is also a reason why the Prophet وسلم عليه هللا صلى would ask his companions to make ijtihad
and then inform them if they were right or wrong. This in turn helped the companions
understand the principles of ijtihad and when it was supposed to be used. The prophet’s request
of them and his approval of them making ijtihad in his absence would ingrain those principles so
they could be passed down to future generations. This allowed future generations to deal with
completely new situations.
In conclusion, we can understand the permissibility of making ijtihad and also that it is a
fundamental aspect of the religion of Islam. It helps us to deal with new situations which arise
with the passage of time in different eras. Also we understand that because the Prophet هللا صلى
وسلم عليه wanted the generations farther away to be able to handle new issues that he himself
practiced ijtihad. He also made the companions practice ijtihad in order to prepare them to
handle new situations which would arise after his death.
By: Abu Esa Kashif Godil
12
(Al-Bukhari, “Mazalim” 16, “Ahkam” 29, 31; Muslim, “Aqdiya” 5, 6).
13
http://www.lastprophet.info/the-question-of-prophet-muhammads-ijtihad-judgement.
14
Ibid.
15
http://www.islambasics.com/view.php?bkID=166&chapter=1