Archive for the ‘Evolution of Fiqh’ Category


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.




Just got off the phone with F and K in our session in reviewing Evolution of Fiqh!

Masha’Allah, some notes!

Fiqh:2 levels:

  • Uloomal Qaya: technological science: Purpose of knowing them-Quran,Aqlaq, etc
  • Uloomal Ala: Instrumental science: serves a purpose for technological science-explanation-i.e for Quran-tajweed, sabab, science of quran, science of hadeeth.

Fiqh an honorable path-Quran, science, etc. all will come down to fiqh

We don’t know much and should realize-the knowledge of Islam is so vast: 3 Stages of Knowledge

  • 1st: Person breeds arrogance (you learn something and you run with it…you think you know it all)
  • 2nd: Person breeds arrogance (you actually realize you don’t know enough)
  • 3rd: Person realizes they know nothing (i.e shaykh uthaymeen r.a, the ulaama when asked..they would say I know nothing, I am just a student of knowledge..truly shows their humulity)


  • Linguistically:Fresh source of water
  • Technically: divine revelations obtained from Quran and Sunnah

Tashree: From Allah to the Prophet s.a.w/companions/spread by the scholars:2 kinds

  • Divine
  • Human Legislation
  • (pt 1 : man made laws change-Allah’s law doesn’t-hijab, forbidding of fornication..etc.)
  • (pt 2:Laws from Allah-you get rewarded for doing good and punished for doing bad, while man made laws you get punished only once caught/and are not rewarded for doing good)


  • Era of the Prophet s.a.w
  • Era of the companions
  • Era of the Tabi’een
  • Era of the great Imams
  • Era of 4 mathhabs:students already established-rivals
  • Era of Taqleed:blind following, stagnation, decline
  • Era of Reformation: Judgment based on Islamic Fiqh (times of Ibn Taymiyah r.a, and more so our time)

Foundations: Allah states that what the Prophet s.a.w brings is from Allah. Obediance to him s.a.w is obeying Allah.

Ma afaa Allahu AAala rasoolihi min ahli alqura falillahi walilrrasooli walithee alqurba waalyatama waalmasakeeni waibni alssabeeli kay la yakoona doolatan bayna alaghniyai minkum wama atakumu alrrasoolu fakhuthoohu wama nahakum AAanhu faintahoo waittaqoo Allaha inna Allaha shadeedu alAAiqabi

59:7 What Allah has bestowed on His Messenger (and taken away) from the people of the townships,- belongs to Allah,- to His Messenger and to kindred and orphans, the needy and the wayfarer; In order that it may not (merely) make a circuit between the wealthy among you. So take what the Messenger assigns to you, and deny yourselves that which he withholds from you. And fear Allah. for Allah is strict in Punishment.

Geography/Historical: On the onset of Islam entering the Arabian Peninsula revolution occurred by way of mixed culture-color-no distinct line except that of strength in the deen. No Arab was better than a non-Arab. The Prophet s.a.w brought peace-change-i.e (The Arabs had fought in a 40 year war over a horse issue..decade after decade people were fighting, and some didn’t even know the details as to why the war or battles were occurring, they just fought because they were use to that)

Culture/Power: There were already other legislation/cultures prior to Islam and Islam came to empower those cultures and not to whip them out. It gave power to the Arabian peninsula and those who were following the religion of Islam: i.e It took Omar r.a and his army 7 years to whip out the Roman empire, and empire that had ruled vast lands and for decades! Subhana’Allah. Power lies in the adherence to Allah’s deen.

Politics: The Prophet s.a.w had connections with the Najashi in Ethopia who was kind to the muslims/aided them, and had converted to the religion of Islam and died as muslim. In Egypt the Christians, in Iraq-the fire worshippers i.e had close relationship with the Prophet s.a.w-send maria as a gift to the Prophets s.a.w. In Medina-the Jews.

Mecca: Tribal/Business/well of zamzam-place that was central to the flourishing of Islam.

Makki Surahs: Dealing with Tawheed/Day of Judgment/Universal laws-morality established/No Jihad-muslims outnumbered at this-had sanctions/treaties/Rulings of hala/haram established/Basic of worship-shahadah/Salah established

Madanee Surahs: Socal regulations/fasting/sadah/zakah/Commercial regulations :Riba (ayah)

Allatheena yakuloona alrriba la yaqoomoona illa kama yaqoomu allathee yatakhabbatuhu alshshaytanu mina almassi thalika biannahum qaloo innama albayAAu mithlu alrriba waahalla Allahu albayAAa waharrama alrriba faman jaahu mawAAithatun min rabbihi faintaha falahu ma salafa waamruhu ila Allahi waman AAada faolaika ashabu alnnari hum feeha khalidoona

2:275 Those who devour usury will not stand except as stand one whom the Evil one by his touch Hath driven to madness. That is because they say: “Trade is like usury,” but Allah hath permitted trade and forbidden usury. Those who after receiving direction from their Lord, desist, shall be pardoned for the past; their case is for Allah (to judge); but those who repeat (The offence) are companions of the Fire: They will abide therein (for ever).

Regulation (civil/political/social

  • Civil Laws: Marriage, divorce, child custody, inheritance.
  • Political: Establishment of Mecca as a state
  • Political: The Prophet as a ruler of that state
  • Political: emergence of 1st constitution.
  • The Prophet s.a.w ruler over:realization by the Jews/Christians living in mecca at the time. Sanctions/treaties place in dealing with 3 jewish tribes.
  1. Banu Qaynuqah : broke treaty on the beaking of war over woman being harrassed.
  2. Banu Nadir: Wanted to kill the Prophet s.a.w-Gabrial a.s came and warned the Prophet s.a.w-he s.a.w then came with a warning for them to leave mecca in 2 weeks-(so they could sell homes/prepare to leave) the munifiqoon heard and tried to convince banu nadir out of it, banu nadir decided to stay, the Prophet sa.w adament and told them to leave asap-(Surah were mad and burned their homes before leaving-[ayah]

    Huwa allathee akhraja allatheena kafaroo min ahli alkitabi min diyarihim liawwali alhashri ma thanantum an yakhrujoo wathannoo annahum maniAAatuhum husoonuhum mina Allahi faatahumu Allahu min haythu lam yahtasiboo waqathafa fee quloobihimu alrruAAba yukhriboona buyootahum biaydeehim waaydee almumineena faiAAtabiroo ya olee alabsari

    59:2 It is He Who got out the Unbelievers among the People of the Book from their homes at the first gathering (of the forces). Little did ye think that they would get out: And they thought that their fortresses would defend them from Allah. But the (Wrath of) Allah came to them from quarters from which they little expected (it), and cast terror into their hearts, so that they destroyed their dwellings by their own hands and the hands of the Believers, take warning, then, O ye with eyes (to see)!

  3. Banu Quraybah:Broke treaty: Battle of Al-Ahzab fought. Surah Al-Ahzah-very intense battle- (throats..ayah..find)

Some key points in Al-Ahzab:Sa’ad Ibn Muad r.a : Leader of the Ansar: from Qazraj-gave his leadership to the Prophet s.a.w. He stated he didn’t want to die unless he got revenge from banu Quraybah in retaliation of what they did. He had great relationship with the jewish and all that knew him, so much so that when the enemies were caught, they were asked about who they wanted to choose their punishment for them, and they stated Sa’ad ibn Muad r.a

  • When he came to proceed/and pass judgment he was carried by two men because he was so sick, and the Prophet s.a.w said stand up for your leader and everyone stood in awe of him. He ordered for the men to be killed, and the woman to be taken as slaves–safiyah r.a one of the wives of the Propet s.a.w from this tribe, out of respect of her-they were let go.
  • When he died the Prophet s.a.w said the Arsh-the thrown of Allah shook-that had not happened for anyone.
  • In Rays of Faith: In Sakaratul Mawt- in the qabrah-everyones grave will be tightened, and the Prophet s.a.w said no one will be saved from it, and if he there would be someone it would be Sa’ad ib Muad.
  • When he died, more than 70,000 angles came to witness his janazah-that had not happened for anyone on earth.
  • (Subhana’Allah, don’t you just love Sa’ad ibn Muad r.a?!)

Foundation: less than a 100 who migrated from mecca to medina-protected-Islam had flourished with the help of these few. A reminder for us in the west-you can have a few-less amount-who may carry-the deen-and spread it. It came from the east-but spread to the west, and today in our position we have a chance to utilize all that we have to spread the beauty of Islam to the rest of the world!

Last pt. mecca surahs: to the point-here is the hell-fire-here are the people of Jannah-don’t do this-don’t do that. At the time in Mecca and farther down when these surahs were being revealed the deen was so knew-the basics were brought down and no room for arguments or long drawn explanation-however in the madanee surahs-which were characterized by long drawn out ayahs explain depth-gave room for more in depth topics. Key points: Allah’s hikmah, spoke and revealed to people His book in parts, from short-giving to the point knowledge of deen-and spoke to the people at their level-and later on when they had grown in knowledge-brought down more in depth topics-explaining further of what He, the most high, had already established. Allah spoke to the people at their own level and at the appropriate time! Do we do this?!