Posted: November 16, 2008 in Ahh moments, Evolution of Fiqh


Alhamdulilah, sometimes in the most unlikely of times and in the most unlikely of places, one learns and reflects on the meaning of life. I finished reading Khaled Hosseini’s The kite runner, and while reading it, I was like…subhana’Allah, what depressing lot! After reading, I thought about three things. A very important part in the story-of the main character returning to Allah. Subhana’Allah, it is through a horrifying scene, that the character pleads with Allah to make his affair easy, and in return he would worship Him in all aspects of his life. I thought about the ayah in the quran where Allah speaks of those who call out in their time of need, and when ease comes to them, they forget Allah and forget their promises. But indeed, the character does keep his promise, but nonetheless I thought of how many atimes we wait till things become extremely bad for us to wake up and return/ act upon the deen of Allah and truly change our ways. Whether this state is just plain human characteristic or something else…I concur that sometimes a calamity has to occur for us to grow as people. The second, mentioned indirectly in the story, is the use of religion to obtain ultimate power for culture/political reasons. It is quiet deadly, and subhana’Allah completely destructive in the dunya and the hereafter for those involved.  Thirdly, a common theme throughout the story-was the favorite pastime of spending all their time in the cinemas. In the story I thought though the people lived in such poverty stricken place-before and after the wars, they along with many other people in muslim countries still forgot Allah and spent their time with other things. From a psycological aspect, I can see how a few hours of seeing happily ever afters could make a person forget the true state of their own lives. But more so, was how these couple hours were a form of distraction and pulling their hearts to the dunya, and ultimately forgetting about the hereafter and truth of what was really important; i.e Islam. Mind me, this is not really a book review-as I leave that for other blog, and I hope I haven’t ruined the book for any who want to read, and certainly keep in mind in this reflection I’ve read into my own understanding and reflections.

TCE: This mornings session.

Sunnah: 2nd role of legislation

  • Speech, manners, physical characteristic, passive approval
  • Al-Awzee said Gabrail a.s would come to the Prophet s.a.w and bring Sunnah & explain it. [insert ayah: Wa maa yantiqoo 3anil hawa….]
  • The Quraniyoon go against this understanding, to refute (hadeeth about the Prophet s.a.w speaking of one who the sunnah is brought to him while reclining and he refuses-sticks with the quran only) paraphrased- They leave off 2/3 of Allah’s law-due to them negating sunnah

Role of Sunnah

  • Quran takes precedence over Sunnah, though only in the case of Mutawaatir hadeeth. [Imam Abu Haneefa]
  • Equal footing [Imam Shaf’ee & rest of Ulamaa]
  • Sunnah takes precedence over Quran [Al-Awzee]
  • Note: All have valid evidence

2nd Source of Law: Ijtihaad-process of enaction of law by the Prophet s.a.w

  • Example 1: Mujadillah-the Arabs with the costum saying of the your to me like my mother-confusion of whether its final talaq (divorce) or not..the Prophet s.a.w states it, Allah corrects him and sends forth ayahs.
  • Note:Above, the Prophet s.a.w made the decision before hand, and was thus corrected. He s.a.w understood the concept of judging between people with what had been sent to him s.a.w.
  • Example 2: Omar r.a-in the sanctions-battle of badr-he stated killing off the prisioners to show the prowess and power of the Ummah, the Prophet s.a.w sided with Abu bakr in ransoming them instead. Note: Abu 3uza was let go in this battle as he pleaded and promised not to fight with the muslims, later Allah sent down revelations agreeing with Omar-and indeed Abu 3uza was seen fighting in battle of Uhud and he was the only caught. Subhana’Allah, just goes to show qadr-and the plans set forth by He, the most high.
  • Abdullah Ibn Maktoom asking to be freed from praying in Jama3-the Prophet s.a.w agreeing, then later asking if ibn Maktoom could hear prayer, and then if so should go attend prayer in jama3.
  • Medina people-farmers-date/pollination story-the Prophet s.a.w not knowing much about it, and speaking of how his knowledge of dunya matters limited.

Establish leaving Ijtihaad allowable:

  • The Prophet s.a.w stating not to stop for Asr till they reach Banu Qurayza.
  • Group 1: From the statement above they decided the Prophet s.a.w said to hurry in his statement, and not necessarily miss asr on their way-end: they stopped and prayed
  • Group 2: Took the Prophet s.a.w words and did not stop till they reached Banu Qurayza-thus missing asr and praying late
  • Importance 1: The Prophet s.a.w didn’t state which one was correct; Shaykh Uthaymeen was of the first opinion
  • Importance 2: The Ulamaa differed on this:
  • Question concerning above incident: Following letter of the text vs. following purpose of hadeeth-where do we draw the line: No drawing the line, not up to you. This is way there is diff. groups of thought/fiqh-and mathhaabs
  • Qiyas-reasoning/logic: Ones the Prophet s.a.w had a light-skinned man come to him complaining about his dark-skinned daughter and thinking that she wasn’t his. The Prophet s.a.w asked the man if he had horses-and among them if there were greyish ones-the man replied yes, and the Prophet s.a.w asked how they got that way, the man replied  that there could have been some ancestors that were dark skinned-and the Prophet s.a.w told the man to think about his daughter in the same manner-meaning the man had some ancestors that were dark skinned.

Prominent Jurist…more to be continued on TCE…INsha’Allah.



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