[Slideshare] fiqh-course (february 2013-batch) -introdn #1 -(13-february-2012)

IN THE NAME OF ALLAH,
MOST COMPASSIONATE,
MOST MERCIFUL. “INTRODUCTION TO THE
STUDY OF FIQH ”
Intermediate Level Islamic course in English for Adults
FEBRUARY 2013 - INTAKE
conducted by Ustaz Zhulkeflee Hj Ismail

LESSON # 1 b –

INTRODUCTION TO THE STUDY OF FIQH
And say: O Lord! Increase for me my knowledge

Using text & curriculum he has developed especially for
Muslim converts and young Adult English-speaking Muslims.

“To seek knowledge is obligatory upon every Muslim (male & female)”

All Rights Reserved © Zhulkeflee Hj Ismail (2012)
) UPDATED – 13 February-2013

MOST COMPASSIONATE,
MOST MERCIFUL.

PREVIOUS LESSON
)

MOST COMPASSIONATE,
MOST MERCIFUL.

“It is He (Allah) Who has sent amongst the Unlettered
a messenger (Muhammad) from among themselves, to
rehearse to them His Signs, to sanctify them, and to
instruct them in Scripture and Wisdom― although they
had been, before, in manifest error― .“

(Qur’an: Jumu’ah: 62: 2)

PREVIOUS LESSON
)

MOST COMPASSIONATE,
MOST MERCIFUL.

“As well as (to confer all these benefits upon) others of them, who
have not already joined them: and He is Exalted in Might, Wise.”

PREVIOUS LESSON
)

MOST COMPASSIONATE,
MOST MERCIFUL.

“Such is the Bounty of Allah, which He bestows on whom He will:
and Allah is the Lord of the highest bounty.”

PREVIOUS LESSON
)

PREVIOUS LESSON
)

“Nor should the Believers all go forth together: if a contingent
from every expedition remained behind, they could devote
themselves to studies in religion (LIYA-TAFAQQAHU -FID-DEEN)
and admonish the people when they return to them― that
thus they (may learn) to guard themselves (against evil).”

(Qur’an: Taubah: 9:122)

PREVIOUS LESSON
)

“Whomsoever that Allah wishes for him goodness, He will
make him a FAQIH (learned) in matters of the religion(Deen);
and for everything there is a pillar, and the pillar of this
religion is AL-FIQH – (the profound understanding of the
Deen); a learned scholar (of the Deen) is more difficult upon
satan than a thousand worshippers.”

(Reported by Bukhary and Muslim)

PREVIOUS LESSON
)

“The best ones amongst you is the person who makes your
remember Allah when you look upon him; and whenever he
speaks it increases you your knowledge (of the Deen), and with
his deeds it inspires (motivates) you to strive for your
Hereafter.”
PREVIOUS LESSON
(Hadith reported by Hakim from Ibnu ‘Umar r.a.)
)

* Muhammad ibn al-Hassan Abu ’Abdallah al-Shaibany r.h.m. said:

“Give yourself up to the study of jurisprudence (FIQH), for the
knowledge of jurisprudence is the best guide to piety and the fear
of God and it is the straightest path to the ultimate goal .”

• REFLECTION:
“Fiqh” – literally means “profound understanding (of the
Deen)” – ref: al-Qur’an Surah Taubah : 9: 122, which later
was used to refer to the studies of Islamic jurisprudence.
PREVIOUS LESSON
)

NING
WAR

“Whoever seeks knowledge (intending) to argue with

the learned (scholars), or to brag with the foolish;

or with it to attract peoples’ attention to himself;

Allah will make him to enter the Hell-fire.”

(Hadith also reported by Tirmidzi and Ibn Majah)
PREVIOUS LESSON
)

TO CONTINUE …

)

EPISTEMOLOGY

Amongst the definitions:

“....... Knowledge is the arrival (husul- )* of the meaning
(ma’na- ) of a thing or object of knowledge in the soul of
the subject; and simultaneously,..... Knowledge is the soul’s
arrival (wusul- ) at the meaning of that thing or the object
of knowledge.”

By “meaning” (ma’na- ) is: “the recognition of the proper
place of anything in a system ...”
Prof. Syed Muhammad Naquib Al-Attas

* “attainment; acquirement” is a better translation.
All Rights Reserved © Zhulkeflee Hj Ismail. 2012

Whatever is outside of person – Knowledge resides in the
to be regarded as information person – and is also an
( ) – and not knowledge attribute (sifat) of himself.

( ).
Knowledge has to do with
Information may not necessarily “meanings” – which may
convey any meanings, but can be include abstract concepts and
subjected to process or construct beyond the material
interpretation – by a human - to forms.
arriving at meaning. Yet, there can be difference in
Every one may have equal access levels and depths of knowledge
to a given information. to a given information,
depending upon who
contemplates upon it.
INFORMATION KNOWLEDGE
)

It is when cognition of man are
Just as raw data input are applied to process these
meant to be processed by the information, that he may be said
computer; observations, news, to arrive at knowledge (i.e. when
data and information etc. are it becomes meaningful).
objects to be understood and
possible meanings from it to be THUS the Qur’anic approach for
comprehended by man. man’s education enjoins him to
THUS the Qur’an categorize
these (information) as: “Signs” “Read” ( ) these signs to
– aayat ( ) arrive at the “meanings” – the
REALITY.
Al-Qur’an – aayat Qawliyyah Note: The Arabic word “universe” and
“a scholar; one who knows or is
Universe – aayat Kauniyah knowledgeable” are both spelt
as: ( )

INFORMATION KNOWLEDGE
)

)

"Verily Allah does not remove knowledge from the (hearts of
the) people, rather he takes away knowledge by taking away
its people (the true scholars – ‘ULAMA), until there are no more
scholars, the people then take leaders that are ignorant, and
when they are asked, and give fatwas – religious rulings, (they
give) without knowledge, so they misguide and are misguided.“

(Hadith reported by Ashaab as-Sunnan from Ibnu ‘Umar r.a .)

)

“O ye who believe! Obey Allah and obey the
Messenger and those charged with authority from
among you (ULIL-’AMRI - MIN-KUM).”

(Qur’an: An-Nisa’: 4: 59)

)

“If ye differ in anything among yourselves, refer it
to Allah and His Messenger * if ye do believe in
Allah and the Last Day: that is best, and most
suitable for final determination.”

* i.e. by the ULIL ‘AMRI competent in this, not just any one.
)

“If anyone contends with the Messenger even after guidance has
been plainly conveyed to him, and follows a path other than that
becoming to men to Faith, We shall leave him in the path he has
chosen, and land him in Hell, what an evil refuge.”


)

“Say, "O Allah, Owner of Sovereignty, You give sovereignty to whom
You will and You take sovereignty away from whom You will. You
honour whom You will and You humble whom You will. In Your hand is
[all] good. Indeed, You are over all things competent.”

(Qur’an: Aali ‘Imran: 3: 26)

)

“O YOU who have attained to faith! Be ever
(QAWWAM) steadfast in your devotion to Allah,
bearing witness (SHUHADA) to the truth in all equity
(QISTw) ; and never let hatred of anyone lead you into
the sin of deviating from justice. (A’-DILU) Be just: this
is closest to being God-conscious (AQRABU-LIT-
TAQWA). And remain conscious of Allah (TAQWA):
verily, Allah is aware of all that you do.”
(Qur’an: Ma-idah: 5:8)

)

“O ye who believe! stand out firmly for justice ( QISTw), as
witnesses to Allah, even as against yourselves, or your parents,
or your kin ...”
(Qur’an: an-Nisa’: 4 : 135

)

( “’A-da-la ” ) – to act justly, equitable,
treating everyone with indiscriminate justice,
etc. it also imply ( “ ‘adl ” ) to
straighten, to be straightforward, justice,
rectify, put in order, balance etc.

)

( “Qistw ” ) meaning: “justice, fairness,
equity, fair-mindedness, etc.” as in allotment
of share or portion, also in the appropriate
instalments.

Thus “( “muqsitw ”) – is “acting justly, or with
fairness, correctness and appropriateness.”
)

Although both terms imply “justice”, yet there is a
slight difference in their meanings :

In a transaction between 2 parties (e.g. Buying and
selling), to accord to both parties their due rights
whence both are satisfied (win-win) – the Arabic term
. (QISTw ) is used. This may require
willingness on one or both party to show benevolence,
goodwill and generosity to the other.

)

In an adjudication (judging ), where justice requires
that one party gains and one party has to suffer loss,
the Arabic term (‘ADL ) is used. This,
perhaps is the minimal form of justice required.

Even to those amongst your enemy whom you hate,
you must not deprive them of the ‘ADL.

)

Thus, (QISTw ) would be a higher form of
justice – a justice tempered with IHSAN and
generosity.

As Muslims, we are to strive for this higher standard,
. (QISTw ), if not, then uphold the minimal
. ( ‘ADL ).

“ADAAB “ encompass both these understandings.

)

M
RO BLE
THEP

Analysis of Prof. Syed Muhammad Naquib Al-Attas

)

(A)

Confusion and Error in Knowledge

Figure 1

The loss of Adab in the community. Thus restoration of Adab has higher priority for Adab precedes even learning.
35
[1]
[2] Wan Mohd Nor Wan Daud’s “The Educational Philosophy and Practice of Syed Muhammad Naquib Al-Attas” (ISTAC publication 1998) p 74
)

(A)


Figure 1

“This state of perpetual confusion at all levels of societal leadership is ingeniously termed by al-Attas as the loss
of ADAB. This can be describe as follows:
1) Confusion and error in knowledge; creating the condition for:

[1] The loss of Adab in the community. Thus restoration of Adab has higher priority for Adab precedes even learning.

) 36

External
Loss of ADAB (B)
Internal

(A)


Figure 1

“This state of perpetual confusion at all levels of societal leadership is ingeniously termed by al-Attas as the
loss of ADAB. This can be describe as follows:
2) The loss of ADAB within the Community. The condition arising out of (A) and (B) is:

Wan Mohd Nor Wan Daud’s “The Educational Philosophy and Practice of Syed Muhammad Naquib Al-Attas” (ISTAC publication 1998) p 74
37
[2]

)

(C)
Rise / election of
False leaders

External
Loss of ADAB (B)
Internal

(A)


Figure 1

2) The loss of ADAB within the Community. The condition arising out of (A) and (B) is: Rise of False leaders


) 38

(C)
Rise / election of
False leaders

External
Loss of ADAB (B)
Internal

(A)


Figure 1

2) The loss of ADAB within the Community. The condition arising out of (A) and (B) is:
“The rise of leaders who are not qualified for valid leadership of the Muslim Community, who do not possess
the high moral, intellectual and spiritual standards required for Islamic leadership, who perpetuate the
condition in (1) [1] above and ensure the continued control of the affairs of the Community by leaders like
them who dominate in all fields.” [2]

[1] The loss of Adab in the community. Thus restoration of Adab has higher priority for Adab precedes even learning. 39

In the legal profession, can just anybody, even they who may be
well-read in law, be given the right to interfere with legal rulings of
High court judges?

To even consider advice or comment upon legal questions, one
should refer to those qualified such as lawyers or jurists; or
recognised academician of jurisprudence, etc.

)

In engineering, merely having the knowledge or training in
engineering is insufficient for the person ‘unless he has been
certified’ by credible practitioners of whichever field of
engineering profession.

And in the field of medicine, can those who are not trained and
certified as qualified physician be allowed to meddle and prescribe
medical advices to the masses, styling himself or herself as a
medical doctor?

)

Merely having read manuals on medicine, or even having worked with a
doctor but not as yet assessed by authoritative body of this profession, or even
a student not as yet given permission to practice – are not enough to qualify
one to that role.

Such ‘malpractices’ can harm human life in this temporary world. Yet, when
it is in matters of the DEEN (religion) that pertains to well-being of our soul or
spirit (RUH) in the eternal Hereafter, why are Muslims so careless?

)

In our community, the term “Ustaz” may have been loosely used
(abused) to refer to just any one who teaches something
connected to Islam, irrespective of their standing amongst the
Islamic scholars (‘ULAMA) and genuine students of knowledge
(TOLIB AL-’ILM) of Islam in our community.

Other terms in our concern includes viz. – ‘ALEEM (‘ULAMA),
SHEIKH, KIYAI, IMAM, MURSHID, KHALIFAH, AMEER, etc.

)

Another term perhaps ‘abused’ is ULIL-AMRI – being applied to
whomsoever assume leadership of the Muslim community, without
even considering whether such ‘leaders’ fulfill the criteria spoken of as
the ULIL -AMRI - MINKUM in the Qur’an and elaborated in As-Sunnah.

Originally, the WALIYUL ‘AMRI was the leader who was both an ‘ALEEM
(recognized as learned Islamic scholar) as well as being the AMEER
(political leader of the community) – modeled after the Prophet s.a.a.w.

Even if he was not the best Islamic scholars of the time, he is expected to
seek the advice of the best learned scholars ( ‘ULAMA) in the community.

)

‘ALEEM and AMEER
THE PROPHET S.A.W. Powers both spiritual and temporal,
yet commanded to consult (SHURA)

KHULAFA’ RASHIDUUN ‘ALEEM and AMEER
Both spiritual and temporal,
Yet consultation with the senior
and other learned Companions
‘ULAMA and SHUYUKH of the Ummah.
Ummah
BEGINNING OF SEPARATION

‘ULAMA
UMMAYYAD DYNASTY Spiritual – religious
As AMEER only.
leadership. Some patronize
Held temporal power,
ABBASID DYNASTY the ruler or served as
but sought legitimacy
judges and administrators,
from endorsement
…. and so on etc. yet many remain
of the ‘ULAMA .
Independent from these
rulers but serve the Ummah.

)

Later these two roles (function) of an Islamic leadership became
separated, one is the UMARA’ (Administrative – political leadership) and
the other ‘ULAMA (Religious leadership - authority).
It is the ‘ULAMA , (specifically the FUQAHA’ – the jurists-scholars), who
must remain true (trustworthy) to the legacy of the Prophet s.a.a.w. and
be courageous to speak-up independently, advise and, even if need be,
to exhort or warn those who are ruling over the community.
Their accountability ultimately is to Allah SWT and His Messenger
s.a.a.w., and not to these rulers nor to whatever written constitution
formulated by human beings which are opposed to the principle
teachings of Ad-Deen Al-Islam.
)

“(Honour) My successors (KHULAFA’), may Allah s.w.t. be
Merciful towards them!.”

He was asked:

“Who are your successors (KHULAFA’) O Messenger of
Allah?” And he said:

“They are those who revive my Sunnah (Way or traditions)
and teaches them to the servants of Allah.”

(Hadith of the Prophet s.a.w.)

)

“When a trust (AMANAH)is neglected,

then wait for the time (of its destruction).”

Somebody ask:

‘How shall this be neglected O Messenger of Allah?’

He the replied: “When a matter (affair) is given over,

not to its rightful (legitimate) person (AHLIHA),

then wait for its time (of destruction).”

(Hadith reported by Bukhary)

)

“The FUQAHA (Muslim jurists-scholars) are the trustees
(UMANAA-U) of the Messenger, as long as they do not insert
worldly interest into it (their religious guidance and
teachings).” He was then asked: “What is ‘to insert worldly
interest into it’ ?” (The Prophet s.a.a.w.) said: “(It is when
they) follow the Sultan (i.e. those wielding political power)!
So when they do that (follow the dictates of these leaders),
be cautious towards them (i.e. these Muslim jurist-scholars)
in regard to your Deen (religion).”
(Hadith reported by Tirmidzi)

)

“The pursuit of knowledge is not carried on without six
things which I shall inform you through words that are clear:
[1] Ingenious acumen,
[2] fervent desire,
[3] patience,
[4] sufficient sustenance,
[5] guidance of a teacher, and
[6] length of time.”
)

A SCHOLARS’ ADVICE FROM KITAB “TA’LIM MUTA’LLIM”

“He who does not exert abstinence (WARA’) while learning, God (Allah) the
Almighty chastise [him] in one of three ways:
[1] either deprives him of life in his youth, or
[2] exiles him into [far-off] regions, or
[3] punishes him [by forcing him to enter] the service of the Sultan.”

)

“An immoral man of learning is a great evil,
yet a greater evil is an ignoramus leading a ‘godly’ life.
Both are a great trial everywhere,
to whomever depends to them both,
in holding on to his religion”

REFLECTION:
We would indeed be afflicted with this Fitnah (trial). Only with appropriate
knowledge and irshaadah, and more importantly Taufiq wal-Hidaa-ya from
Allah SWT. would we be saved from its evil.
)

TO BE CONTINUED

)

“O Allah! Make us see the Truth to be true and
grant us the ability to follow it.

And make us see Falsehood to be false and grant
us the ability to reject it.”

)

O Allah! Make us to be people who guide (others)
and who are (always) Guided (by Your Guidance) .

)

Not of those who are astray and

who lead people astray.

)

O Allah! Guide us all

with Your Guidance.

)

And make us people who hasten
towards what pleases You.

)

And do not let us be protected (by others) except
only with Your Protection (as our Guardian).

)

And do not make us to be of those who differ
from Your command and who are disobedient
towards You.

)

And sufficient is Allah for us,

for He is the Best Protector

)

And there is no power nor strength except

with Allah The Most High, the Most Esteem.

)

And salutations of Allah and Peace be upon our

Leader Muhammad, and upon His household

and Companions .

)

And all the Praises belongs to Allah,

Lord Sustainer of all the world

)

All welcome to visit my web-blog:

http://an-naseehah.blogspot.com/
http://introductiontotauhid.blogspot.com/
http://oyoubelievers.blogspot.com/
http://al-amthaal.blogspot.com/
http://zhulkeflee-archive.blogspot.com/
http://criteriaforaholybook-quran.blogspot.com/
http://with-the-truthful.blogspot.com/
http ://muqaddam-nurul.blogspot.com/

)

[Slideshare] fiqh-course (february 2013-batch) -introdn #1 -(13-february-2012)

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