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Note:
including “practical rules”, in the definition, excludes the rules
associated to the principles of faith, because those rules are
discussed in the area of Aqeedah not Fiqh.
In other words, the knowledge of
the rules must be acquired directly
from the sources (the Qura’an and the
Sunnah), a requirement which implies
that the faqeeh (Jurist) must be in
contact with the sources of Fiqh.
Example:
The faqeeh must know not only the rule that
unjustly eating up the property of an orphan is
forbidden, but also that the detailed evidence for
it is the Qur’anic Ayah 4:10:
ين يَأْ ُكلُو َن أ َْم َو َال الْيَتَ َامى ظُْل ًما إِمَّنَا يَأْ ُكلُو َن يِف بُطُوهِنِ ْم نَ ًارا
َ ذِ َّإِ ََّّن ال
ِ
صلَ ْو َن َسع ًريا ْ ََو َسي
“Those who unjustly eat up the property of
orphans, eat up a fire into their own bodies, they
will soon be enduring a blazing fire”
Dividing Fiqh into Fiqh Al-
Ibadat ا لعباداتand Fiqh Al-
Mua’malatا مل عامالت
The scholars used to divide Fiqh into two divisions:
1. Fiqh Al-Ibadat ال عباداتrefers to the acts
of worship that are purely rights of Allah
(between Allah and his servant only).
Examples:
At-Taharh (purity), As-Salah (prayer), As-
syam (Fasting) , Hajj (pilgrimage), etc
2. Fiqh Al-Mua’malat( ا مل عامالتtransactions):
refers to the actions that involve, beside
the rights of Allah, the rights of people.
Examples:
Marriage, Divorce, Business Transactions
(trade, loan, etc).
The different stages
through which Fiqh passed.
Insha’a Allah, we will discuss:
Fiqh during the lifetime of the Prophetص لىا هلل عليه وسلم
Fiqh during the time of the Sahaba رضيا هلل عنهم
Fiqh during the time of the Tabi’een (the successors of the
Sahaba).
Fiqh during the time of the Mujtahid Imams (Abu-Hanifah,
Malik, As-Shafe’i and Ahmad).
Fiqh during the lifetime
of the Prophet ص لىا هلل عليه
وسلم
During this time, the sources for legislation
were the Qur’an and the Sunnah. Most of the
rules were legislated without being related to any
specific event or occasion.
Examples:
Most of Al-Ibadat (the Salah, Zakat,etc ) and
some of Al-Mua’malat .
However, other rules were legislated in reference to
an event or occasion or a question.
Examples:
The Qur’anic Ayah 2:222: فَ ْاعتَ ِزلُوا
ِ نكعنا ِحمل
يضقُ لُهو َأذ ى َ وهَّن َحىَّت يَ طْ ُه ْرَن ويَسأَ ُلو ب
ُ َُ رقْ ت
َ ا ل و
َ ِ
يض ِ ا لنِّساء يِف ا ْلم
ح َ ََ
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The scholar might be aware of the Daleel but he interprets it
differently.
because the nature of the Arabic language may allow more
than one meanings of the same word.
Example:
In the Qur’anic Ayah (5:6): أو ال مستُم ا لنِّساء
“or ye have been in contact with women”
The ward Lamastum ال مستُمin this Ayah may mean touching
or sexual intercourse.
Ash-shafe’e and others accept the first meaning and hold
that touching a woman nullifies ablution.
Abu Hanifa accepts the second meaning, and he holds
that touching a woman does not nullify the ablution.
Apparent conflicts between evidences.
In reality, there is no conflict between the evidences of
Shari’ah. However, it might appear to a Scholar that two
evidence are in conflict with one another
Example:
A Hadith says: “whoever touches his sexual organ needs
to makes Wudu”. In another Hadith the Prophet ص لىا هلل عليه وسلم
was asked about touching one’s sexual organ, He said it is like
touching any other part of the body.
Ash-shafe’e , Ahmad and others are of the opinion that
the second Hadith abrogates the first, therefore touching
one’s sexual organ does not nullify Wudu.
Abu Hanifa regards the first Hadith to be authentic and
rules that Wudu is required after touching
The differences among the scholars in their
approach towards the sources of Shari’ah.
Example:
Al-imam Malik takes the practice of the people of Al-
madina as one of the sources of Shari’ah, other scholars
disagreed with him.
Another Example:
The vast majority of the Scholars regard Qiyas
(analogical deduction) as one of the sources of Shari’ah,
other scholars (Dawood Al-zahiri and Ibn Hazm) do not
regard Qiyas as a source.
The principles we expected to follow to
deal with diverse Fiqh opinions.
Avoiding Tagleed (blindly following one Madhhab).
The great scholars did their best to teach people their religion
and offer them proper guidance, but they forbade people from
following them blindly and told them: “It is not allowed for
anyone to say what we have said without knowing the evidence
for our position.”
They made it clear that their opinions was whatever the
authentic Hadith stated. They did not have the intention of
having the people follow them like they should follow the
Prophet ص لىا هلل عليه وسلم, who was protected from sin or mistake by
Allah.
Following the opinion that has the stronger
evidence and proof.
However, regardless of the reasons that lead to
diverse Fiqh opinions, the differences themselves
should not be looked upon as being inherently evil;
on the contrary, they can be a great help in learning
as well as guarding us from the unyielding rigidity
that has stunted the growth and the contribution of
the Muslim Ummah in recent times.
THE END