Shariah rulings are divided into 3 types:
1. Dururi-The necessity
Everything that threatens the existence of the 5 Universals
2. Haji-The need (but one would live with or without it)
Without the haji the individual lives in hardship
3. Tahsini-The ornaments
These are the things that make life enjoyable
3 levels of Ijtihad
1. Ijtihad al Mutlaq-absolute Ijtihad (using your own methodology)
2. Ijtihad takhriji-Derivatives Ijtihad (using anothers methodology)
3. Intiqai-Shifting ijtihad (choosing the best applicapble ruling of the past for a given situation or general applicability)
The shariah comes to protect these 5 Universals:
1. Preservation of Religion
2. Preservation of Life
3. Preservation of Intellectual
4. Preservation of Property
5. Preservation of Lineage
A faqih must take into consideration when giving fatwa:
1. time-for different circumstances
2. place-the culture, 'urf wa'ada
Usul al-fiqh (usul=foundation, fiqh=understanding)
the technical meaning of usul al-fiqh:
1. A methodology to drive rulings (furu') from the roots (usul) about the branches (furu')
2. Usul al-fiqh is also about how we drive rulings from the sources (Quran and Sunnah) when there is a text (verses or hadith) and when there is not becouse a ruling still needs to be driven
History of the stages of usul al-fiqh:
1. First stage: Duru Sama'- the experience (hearing) of the revelation of Quran and hadith- lasting for 100 years
2. Second stage: Duru Jama'-the period of gathering (of what was heard in period 1) in written or oral form-khalifa Abdul-aziz order, this period ended 102 years after hijrah
3. Third stage: Duru fiqh- the period of fiqh, for example Imam Shafii risalah
Rules are divided in 4 ways:
1. The qawl-the words of the prophet saw (Quran or Hadith)
2. The fe'el-the actions of the prophet saw
3. the taqrirab-the things he (saw) confirmed either by being silent or condoned it
4. The maqasid of sharia-Understanding the universals to use them as methods for driving rules, this can be done when you understand the purpose (maqsid) of the shariah.
i. Masaleh al-mursala (when there is benefit in the absence of a text),there are two types:1. Mu'tabara (essential to shariah) and 2. Mulqa (not essential therefore not to be considered)
ii. 'Urf wa'ada (e.g: different people use different words for divorcing their women)
iii. Istihsan (the role of the intellectual)
iv. Sadda daraya (cutting the pretext)
v. Qiyas(using an existing example from shariah and apply it to a new things example: ecstasy and khamr
21 February 2007
19 February 2007
My notes on Fiqh 2
The Imams on taking a hadith from sahaba:
Imam shafi'i didnt take the hadith of a sahabi as proof, the other 3 imam did. But Imam abu Hanifa take the action of the sahabi over the words. example of this: Imam Ali(ra) relates a hadith that the prophet(saw) came from ruku he would raise his hand, but because the description of Imam Ali(ra) prayer showed that he didnt raise his hands, abu Hanifa take Imam Ali(ra) action over his words.
Imam shafi'i didnt take the hadith of a sahabi as proof, the other 3 imam did. But Imam abu Hanifa take the action of the sahabi over the words. example of this: Imam Ali(ra) relates a hadith that the prophet(saw) came from ruku he would raise his hand, but because the description of Imam Ali(ra) prayer showed that he didnt raise his hands, abu Hanifa take Imam Ali(ra) action over his words.
My notes on Fiqh
Alfasi explained in his work "al fikr as-sani" that there were 4 periods of fiqh:
1. At the period of revelation
The Companions had direct access to the sources:Quran and Sunnah (The Prophets SAW words, deeds, and aproval)
2. After the prophet SAW
The companions gave fatwa based on what they learned during the period of revelation. A new source developed--> Ijma'a (this could only happen after the prophet SAW had passed away). This was also the case with Qiyas which developed in the second shape.
3. The period of Tabi'un
Different school is developing in the ummah. Imam malik, imam abu hanifah, etc. All of them had different methodology (example, Imam Malik's methodology was 'amal ahl al-medina, also masalah al-mursala when there is great benefit for the society in the absence of text (istihsan, the proof for masalah al-mursala is the collecting of the Quran in a mushaf). Imam Malik also took Sadda' ddaraya (e.g not cursing others God) also Alloh SWT forbid women from shaking their jewlery.
4. Taqlid Period, repetition of the earlier generations (e.g non creative).
In short there are 4 phases:
1. Period of revelation
2. Period of gathering
3. Period of fiqh
4. Repetition of the earlier generations (non creative), mastering their opinions.
3 Reasons why the 4 Imams could interpret hadiths differently:
1. The differ on the chain (isnad)of a hadith
2. Difference of interpretation of the meaning of hadith
3. That the hadith were abrogated
1. At the period of revelation
The Companions had direct access to the sources:Quran and Sunnah (The Prophets SAW words, deeds, and aproval)
2. After the prophet SAW
The companions gave fatwa based on what they learned during the period of revelation. A new source developed--> Ijma'a (this could only happen after the prophet SAW had passed away). This was also the case with Qiyas which developed in the second shape.
3. The period of Tabi'un
Different school is developing in the ummah. Imam malik, imam abu hanifah, etc. All of them had different methodology (example, Imam Malik's methodology was 'amal ahl al-medina, also masalah al-mursala when there is great benefit for the society in the absence of text (istihsan, the proof for masalah al-mursala is the collecting of the Quran in a mushaf). Imam Malik also took Sadda' ddaraya (e.g not cursing others God) also Alloh SWT forbid women from shaking their jewlery.
4. Taqlid Period, repetition of the earlier generations (e.g non creative).
In short there are 4 phases:
1. Period of revelation
2. Period of gathering
3. Period of fiqh
4. Repetition of the earlier generations (non creative), mastering their opinions.
3 Reasons why the 4 Imams could interpret hadiths differently:
1. The differ on the chain (isnad)of a hadith
2. Difference of interpretation of the meaning of hadith
3. That the hadith were abrogated
