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Usool al-Fiqh Winter 2010

Usool al-Fiqh / Winter 2010
Sheikh Jamaal Zarabozo 

2010-01-11 Class Notes

Textbook: Mohammad Hashim Kamali, Principles of Islamic Juriprudence

Basic Outline of the Class
Topic 1:  The Sources of the Shareeah: Quran, Sunnah (Kamali, pp. 14-86)
Topic 2:  Ijmaa (Kamali, pp. 168-196)
Topic 3:  Qiyaas (Kamali, pp. 197-228)

Defintions of wajib, mustahab, .... the five other terms in last session
Shart or required elements

In this session we will cover the sources of the shariah.
What is Hujjah or authority in Islamic law, or more commonly daleel or indicators?

What are the things that have complete authority in Islamic law or shariah
What are the indicators of Islamic law
What are the things that point us to islamic law

Sources of the shariah
There are number of sources which can be divided into multiple categories:
Category 1: Looking at sources that all the scholars have agreed upon
Category 2: And sources which scholars have difference of opinion --- From example Maliki school considered the practice of the people of Madina as a source of Shariah.
Practices of Madinah were considered to be strong legal opinion according to Imam Malik. Other scholars disagreed with him.
Different madhab and why they differ? One of the main reasons is usool al-fiqh, what is considered acceptable evidence and not acceptable. Some of the differences in madhab are due to the sources which some accept and some do not.
We will present all different evidences and discuss whether they should be considered as acceptable evidence or not.

Sources that are agreed upon:
1. Quran
2. Sunnah
3. Ijmaa (Consensus)
4. Qiyaas (Analogy) - The literalist school (dahiri?? madhab) reject the concept of qiyaas
Nisa Verse 59 covers all four --- Obey Allah, Messenger, those on authority (ijmaa of scholars), differ on anything then refer to Quran and Sunnah (analogy)

يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الْأَمْرِ مِنكُمْ ۖ فَإِن تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ إِن كُنتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الْآخِرِ ۚ ذَٰلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلًا
Muhsin Khan: O you who believe! Obey Allah and obey the Messenger (Muhammad SAW), and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allah and His Messenger (SAW), if you believe in Allah and in the Last Day. That is better and more suitable for final determination.

Hadeeth of Muadh - advice on what he should do if some issue comes up
He answered, he will try to find answer in Quran, then in Sunnah, then his ijtihaad. 
This hadeeth is found in almost all Usool al Fiqh books even though scholars of hadith say hadeeth is weak due to weaknesses in the chain. 

Sources for which there are differences of opinion: 
(Note this is a random ordering and there is no assumption of priority or precedence)
1. Shareeah of previous nations (prophets) - Those who accept the shareeah of previous nations acceptable or applicable to muslims, then if you find a verse that describes a ruling for Musa, then the school which accepts the opinion and if the ruling is not abrogated by any other verse will accept the ruling
2. Individual opinion of a sahaabi
3. Istihsaan (Juristic preference) - Suppose you are dealing with a new case and you try to make qiyaas but the result does not feel right. You ignore this analogy and rule by juristic preference. Somebody who is using istihsaan is making up shariah if they are not careful and do not follow the guidelines or restrictions
4. Ijmaa or actions of the people of Madinah during the lifetime of the sahaba - How to make adhaan might have been continued from the lifetime of the prophet
5. Urf (Customs of the people) - Business or commercial contracts are understood or custom of the people
6. Istishaab (Presumption of continuance) Shareeah - before law is revealed we were not obligated to follow it.... we will discuss it later in the class....
7. al-masaalih al-mursalah (?) Issue of human rights and some people may make a shariah rulings on the concept of human rights and they may argue that there is nothing in shariah about human rights but there is nothing specifically ruling against it and then use it based on some restrictions or guidelines

Another way of looking at sources of shariah are Naqleeh (copy) and Aqleeh (intellect)

Naqleeh proof is simply transmitted from Allah, hadeeth is considered Naql, Shariah of previous nations, statements of sahaba.
Naql proof are not a matter of questioning or debating. For example how to fold hands during prayers. Quran, Sunnah, Ijmaa are considered to be Naql

Aqleeh means rational proof. Qiyaas is aqleeh, so is istihsaan.

Is there some kind of contradiction to use rational proofs to find the shareeah? Well they have to be based on the text, if you cannot prove your conclusion based on text then it is not a source of shareeah. Rationality by itself is not a proof for source of shareeah.

Another way to categorize sources of shareeah are:
Qati'ee (definitive) and Dhanni (less than definitive)
Command to fast three days, then there is no way for you to understand it as less than 3 days.
Dhanni is text that is open to more than one possibility, but it doesn't mean that all the possibilities have equal weight.

2010-01-18 Class Notes

Naqleeh reports also means transmitted reports. Aqleeh reports have to be substantiated, there has to be some evidence to prove that it is proper. 

Dhanni is translated as speculative but it means less than definitive. If source is definitive then it is not open to question. There are two ways in which qati'ee and Dhanni are used:
Qati'ee: Al-Thaboot (Confirmation) and Al-Dalaalah (Indication)
Something that is definitive in terms of authenticity then it is called Qati'ee Thaboot.

Mutawaatir - When we say a report is mutawaatir, it means that it is impossible for all of the people who transmitted the message colluded to fabricate the report or made the same mistake when transmitting the report. Quran is mutawaatir. From the point of historical accuracy it is Qati'ee Thaboot.

Dhanni Thaboot - There is possibility that somebody could have made a mistake.

What about Hadith?
Some hadith of the prophet are also mutawaatir and then they are said to Qati'ee Thaboot. But a majority are not mutawaatir. They are known as ahaad hadith. They are categorized as Dhanni Thaboot. They are accepted.

Why this category when both Qatiee thaboot and Dhanni thaboot are accepted?
This categorization comes into play only when there is conflict --- Qatiee thaboot takes precedence. Scholars of hadith, specialists of hadith, those who know tools and conditions of acceptance of hadith. Hadith that are authentic, they consider them to be Qati'ee. Hadith that are accepted by the ummah such as hadith of Bukhari.

Qati'ee Dalaalah - If it is clear without any question, it is definitive wrt it's meaning, there is no room for anybody to come with any other meaning
For example, Baqarah verse 196: Allah swt says you are supposed to fast 3 days in hajj and then 7 days when you return, for a total of 10 days. Is there any way for anybody to interpret it any diifferent wrt the number of days.

وَأَتِمُّوا الْحَجَّ وَالْعُمْرَةَ لِلَّهِ ۚ فَإِنْ أُحْصِرْتُمْ فَمَا اسْتَيْسَرَ مِنَ الْهَدْيِ ۖ وَلَا تَحْلِقُوا رُءُوسَكُمْ حَتَّىٰ يَبْلُغَ الْهَدْيُ مَحِلَّهُ ۚ فَمَن كَانَ مِنكُم مَّرِيضًا أَوْ بِهِ أَذًى مِّن رَّأْسِهِ فَفِدْيَةٌ مِّن صِيَامٍ أَوْ صَدَقَةٍ أَوْ نُسُكٍ ۚ فَإِذَا أَمِنتُمْ فَمَن تَمَتَّعَ بِالْعُمْرَةِ إِلَى الْحَجِّ فَمَا اسْتَيْسَرَ مِنَ الْهَدْيِ ۚ فَمَن لَّمْ يَجِدْ فَصِيَامُ ثَلَاثَةِ أَيَّامٍ فِي الْحَجِّ وَسَبْعَةٍ إِذَا رَجَعْتُمْ ۗ تِلْكَ عَشَرَةٌ كَامِلَةٌ ۗ ذَٰلِكَ لِمَن لَّمْ يَكُنْ أَهْلُهُ حَاضِرِي الْمَسْجِدِ الْحَرَامِ ۚ وَاتَّقُوا اللَّهَ وَاعْلَمُوا أَنَّ اللَّهَ شَدِيدُ الْعِقَابِ
Muhsin Khan: And perform properly (i.e. all the ceremonies according to the ways of Prophet Muhammad SAW), the Hajj and 'Umrah (i.e. the pilgrimage to Makkah) for Allah. But if you are prevented (from completing them), sacrifice a Hady (animal, i.e. a sheep, a cow, or a camel, etc.) such as you can afford, and do not shave your heads until the Hady reaches the place of sacrifice. And whosoever of you is ill or has an ailment in his scalp (necessitating shaving), he must pay a Fidyah (ransom) of either observing Saum (fasts) (three days) or giving Sadaqah (charity - feeding six poor persons) or offering sacrifice (one sheep). Then if you are in safety and whosoever performs the 'Umrah in the months of Hajj, before (performing) the Hajj, (i.e. Hajj-at-Tamattu' and Al-Qiran), he must slaughter a Hady such as he can afford, but if he cannot afford it, he should observe Saum (fasts) three days during the Hajj and seven days after his return (to his home), making ten days in all. This is for him whose family is not present at Al-Masjid-al-Haram (i.e. non-resident of Makkah). And fear Allah much and know that Allah is Severe in punishment.

Dhanni Dalaalah  - When there is ambiguity
There is word that can mean both when the woman starts her menses or when she starts the waiting period. Quru. 
Baqarah verse --- waiting period for 3 Quru --- has opposite meanings --- regards to authenticity it is Qatiee but with respect to indication is Dhanni dalalah

"My students are good students"
Is this statement qati'ee dalaalah or dhanni dalaalah?
"My Students" --- This is general statement - 'Aam. We are speaking in a general sense but in reality one or two might not be good. It is acceptable to speak like that. The general statement does not cover everybody. Majority of the scholars consider the general statements of the Quran and hadith to be dhanni dalaalah. However, hanafis developed differently from other schools, they consider general statements to be Qati'ee dalaalah. 

When is this difference of most importance? Again when there is conflict. 
For the hanafis, a general statement from the Quran is going to be Qati'ee Thaboot QT and Qati'ee Dalaalah QD. Hanafis would give preference to QD. Prefer general statement of Quran over hadith.
For example, Allah swt gives us a command to bow and to prostrate. Hanafis do not rest during bowing and prostrating, other madhab say that you have to rest in that position, they get this from a hadith.

From the hanafi perspective, the hadith is QD or DT. So they say that since the verse is either QT to QD, then the hadith is not at the same level as QT and QD. For the other schools, the verse is DT and hadith is DT, so there is equal weight and take the hadith and the verse to say that they have to rest during bowing and prostrating.

Lot of hanafi positions that are unique to that madhab are due to this principle that the general statement of the quran is either QT or QD.

Another example reciting surah fatiha. Verse of the Quran --- recite what is easy --- general statement considered as Qatiee Dalalah by the hanafis.

Defintion: What is Quran?
Defintion everything that should fit and exclude anything that is superfluous
If somebody defined human being as males, then you exclude others.
Some attempts by the students
Speech of Allah
Speech of allah, revealed to the prophet, via the angel jibreel, and transmitted to us via a mutawaatir chain.
Sheikh has a problem with the use with the inclusion of mutawaatir chain and whether via angel jibreel is entirely necessary. 
What is the difference between Quran and hadith Qudsi? 
We have to exclude hadith qudsi from the defintion of quran

Homework - a good definition of quran

2010-01-25 Class Notes

Definition has to meet some criteria.

The Quran is speech of Allah revelead to the prophet as a miraclous book in it's final form.

The sheikh has excluded Angel Jibrael, Arabic Language, Mutwattir etc from his definition because it is superfluous and not needed.

Why did he included the phrase "it's final form"?
Because some verses were abrogated, since in the last reading by Angel Jibrael these verses were not recited. We have a record of them, for example hadith of Umar and Ayesha, but we do not all of the ayats which were not included in the final recitation.

Why were these ayat removed?
This information is with Allah swt and we cannot guess.

Quran is a source of law. Is there any evidence that Quran is source of Shareeah.
Ati allah and Ati ur rasul (Obey Allah and obey prophet) fall into the category that quran is source of law.
Allah swt in Nisa:105 says: 
إِنَّا أَنزَلْنَا إِلَيْكَ الْكِتَابَ بِالْحَقِّ لِتَحْكُمَ بَيْنَ النَّاسِ بِمَا أَرَاكَ اللَّهُ ۚ وَلَا تَكُن لِّلْخَائِنِينَ خَصِيمًا
Muhsin Khan: Surely, We have sent down to you (O Muhammad SAW) the Book (this Quran) in truth that you might judge between men by that which Allah has shown you (i.e. has taught you through Divine Inspiration), so be not a pleader for the treacherous.

Maidah three verses: Whoever does not rule by which Allah swt reveal, then that person is disbeliever, fasiqoon.

Isn't it circular to use the Qur'an as evidence that it is a source of law?
Quran is a book of guidance and we have to refer it to find out what guidance has been provided.

There are number of verses in the Quran which are legal verses. They cover a whole range of topics: ritual acts of worship, wudu, salat. Laws related to business transaction, marriage, divorce, warfare, international relationships.

There are some people who are trying to down play the role of Quran as it pertains to law.
Sheikh is discussing how Islam is taught in western universities. They have a point of view, that is should only be approached as a moral compass and nothing else.

Tafseer of the legal verses of the quran (Tafseer al Ahqam)
Al Qurtubi - Jami al ahkam al Quran. Vast majority is about deriving laws or rulings from the Quran

Quran is in the Arabic language. Why is it important from the usool al fiqh point of view?
Every language has its rule of speech. Quran is given to us that is consistent with rules, principles, and styles of Arabic language. Many books of tafseer talk about language and how to derive laws.

Makki verse, Madini verse, Asbaab an-nazool etc won't be discussed in usool al fiqh
We will discuss abrogation and how rules are derived from the Quran as we progress further

Languages evolve. THere are certain parts of Modern Standard Arabic that slightly differ from classical Arabic. Previous scriptures - their languages are now dead. Allah swt has preserved Arabic language and the rules of the Arabic language from the time of the prophet. We have to go back to the rules of the language from the time of the prophet when we study usool al fiqh.

You will find people interpreting quran from translation in english or urdu.

Seven Ahruf
During the time of the prophet, the Quran was revealed in seven ahruf. ahruf is plural of harf. It is one of the miraclous natures of the quran, the same revelation with seven ahruf, there are times when wording of the quran slightly changes. Two readings will not contradict one another, but will give us more meaning. 
Maliki yaw middeen versus Maaliki yaw middeen give us two different aspects master and owner of the day of judgement. Allah swt is both master and owner. This aspect is not a mistake, both of these readings can be traced back to the prophet.

Masaahif of Uthmaan
During the time of Uthman the copies of the quran were sent to all of the muslim nations. The way the musaahaf of Uthmaan was written was without the diacritical marks, so the seven ahruf were preserved, and you could read it with the different ahruf. 
Min tahtihal verus tahtihal - these two readings can be traced back to the prophet. And the musaahaf of uthman had these variations.

Seven Reciters
Sahaba?? or Tabiyeen who were excellent in reading the quran (who by the way were not arabs) --- 7 reciters were all known. Coincidental that this # matches the number of qiraah.
Hafs an 'Asim, Warsh an Nafi'
They met three very important conditions:
1. Soundness of the chain (mutawaatir) - could be traced back to the prophet
2. Recitation agrees with the masaahif of Uthmaan - reading has to be acceptable 
3. Consistent with the Arabic language - because quran was revealed in the arabic language

2 & 3 were safeguards against mistakes.

Majority of the differences are cosmetic - length of the vowels etc. 
To make it easy for the ummah from different tribes.

Shaadh Qiraat
Suppose Abdullah ibn Masood is reporting that prophet read the quran in a certain way that goes against stronger sources. 

Shaadh Qiraat (قراءة شاذة) is a reading which is an anomaly (goes against stronger sources).
Shaadh Qiraat cannot be used in salat. No question that it is NOT part of the Quran.

Will you consider it as a source of law? How much weight will you give to shaadh qiraat?
How many of you will accept it as a source of Islamic law?

2010-02-01 Class Notes

Topic: How to deal with Qira'aat Shaadhah? 

Three well known conditions for accepted Qira'ah:
1. Chain has to be sahih (mutawatir)
2. Agrees with one of the mushaf of Uthmaan
3. Consistent with Arabic language

Shaadh qira'ah does not meet condition #2. 

Why is ibn Masood reciting in such way that it disagrees with the mushaf of Uthman? The following is classroom discussion
1. This was one of the abrogated readings and ibn Masood was not aware of the final recitation by Angel Gibrael with the prophet, which determined the final reading of the Quran
2. Ibn Taymiyyah's opinion shaadh qiraat were part of the Quran at one point  - Sheikh does not agree with ibn Taymiyyah's hypothesis
3. the Prophet may have been explaining a verse
4. ibn Masood is explaining it and somebody heard it and thought this was a reading
5. ibn Masood made a mistake

No one accepts Shaadh reading as Quran, but how much weight should be given to it?
If the prophet was explaining it

Example of Shaad reading
Expiation for breaking one's oath (Maeda:89) fast for three days
The way ibn Masood read it, he added you should fast three days consecutively (متتابعات). Hanafi follow this opinion.

Imam Shafiee does not accept shaad reading on it's own but if there is some more supporting evidence then he accepts it. In this case he does not act upon the fast consecutively as expiation for breaking an oath. Sheikh leans towards not accepting it.

In this case, it is well established qiraat from ibn Masood and he must have received it from prophet and hence the hanafi madhab follows it.

Prophet had 40 scribes for recording the quran. When he received revelation, he would ask the scribe to write the revelation and its place in the surah. Quran was written but the sahabi learnt it directly from the prophet. 

Names of the surah came from the prophet. Whether all of the names came from the prophet or some of them were ijtihaad of the sahaba.

Next source of the shareeh is Sunnah

Define sunnah
Linguistic definition:  Way of life, course or path. Good or bad. In general it has a positive connotation
Fahim's (student) defintion: Sunnah is what the prophet said, did or tacitly approved of.
Scholars of hadith define Sunnah differently: Studying anything about the prophet, earlier time period, his appearance etc
Fuqaha or jurist use Sunnah in what way? 
Fuqaha defintion of Sunnah: Sunnah <->  obligatory (Sunnah is less than obligatory act)
Sunnah as source of law

Imam Ahmad has a book on Sunnah and his son Abdullah has a book on Sunnah which deals with aqeedah

Hadith
What is the difference between hadith and sunnah?
Can they be used interchangeably? Yes but it is not very good.

Hadith are the narrations or reports about the prophet.
Hadith are reports about the sunnah of the prophet

Is there such a thing as weak sunnah? No, it is the reality. Hadith is a body of literature that is describing the sunnah.

What hadith are we going to accept as representative of the sunnah?
We can reject weak hadith but we cannot reject sunnah.

What established the authority of sunnah? Why is it obligatory to follow the sunnah?
Obey Allah and obey the rasool

Can you establish sunnah by sunnah itself?
People who don't accept sunnah, then you have to establish it by the Quran

Allah talks about revealing hikmah - hikmah here means sunnah - which is something in addition to the book
Allah says if you truly love me then follow the prophet

There are 50 verses in the Quran asking to follow the sunnah of the prophet

2010-02-08 Class Notes

Sunnah as an authority / hujjah as opposed to Sunnah from the perspective of study of hadith. 

Sheikh is asking us to define sunnah from the perspective of hujjah:
Statements, actions and tacit approvals of the prophet  - Here there were actions of the prophet that are not hujjah, for example snoring
Statements, actions and tacit approvals of the prophet [add the following] with the intention of being followed by the believers  

Abdullah ibn Amr used to record all of the actions of the prophet. Quraish told him not to record all his actions because he was a human. Abdullah ibn Amr went and asked prophet, the prophet replied to go ahead and record all of his actions.

Hadith of the date trees: Prophet heard that sahaba were cross polinating date trees to increase production. He said perhaps if you leave it alone, it would be better. When they did not cross polinate and date trees did not bear fruit. He said that in these case of matters you do not have to follow the prophet. However you have to follow him in matters of the deen.

If the above had not been made clear to us, many muslims would be like Amish people who follow whatever existed during the time of the prophet (?) and foresake all of the modern technology.

Sahaba disagreed with Abdullah ibn Umar who followed the route taken by the prophet from Medina. The sahaba said that the prophet did not intend for us to follow.

There were some cases in the sahaba, they used to do particular actions of the prophet, with the intention that they would be rewarded by Allah swt. Ahmad ibn Hanbal imitated the prophet and ate watermelon. 

Statements and actions are important ways of teaching people. Showing instead of telling. ibn Hazm lived in Andalus... and he never made hajj, and people could determine when he wrote about hajj, that he had never performed hajj.

Prophet used the following methods of teaching: By performing actions. Interpreting his actions. Since interpreting his actions is a very difficult task, many books of usool a fiqh don't even approach how to interpret the actions of the prophet.

Actions of prophet are something we have to follow. There are plenty of proofs. The most obvious proof: Actions are part of his sunnah. Hadith of the prophet: Whoever turns away from my sunnah is not from me. The context of this hadith: Some sahaba said that their actions were inferior to the prophet and they wanted to exceed the prophet, one said he would fast all time, one would forsake sleep, one would not marry. When the prophet heard this, he replied that whoever does not follow my sunnah....

In the history of Islamic legal theory, there are some rare scholars who say that it is not hujja to follow his actions. But this is a minority.

13 different categories of the prophet's actions. We will study 5 categories.

1. Al F'il Al Jibilly (الفعل الجبلي) [Naturally incline]
Such as the way he walked. Some scholars would also include the actions of his time or era, the way people cooked food. These actions are mubah, but they are not wajib for us to follow. If the prophet spoke about eating with his right hand, then it becomes a statement of the prophet which we have to follow. [HW: What other categories that you can add to actions, statements and approvals]

2. Al F'il Al Bayaany (الفعل البياني) [Explanatory action]
By his actions, he is showing us how to perform his statement. For example he is showing us through his action how to fulfill a command, such as performing prayers. 
He performed prayers on the mimber, in order to show the sahaba how to pray. Do we say every part of the prayer is obligatory? 

3. Al F'il Al Tatbeeqy (الفعل التطبيقي) [Implementary action]
Here the prophet is implementing a command from the Quran. For example punishment for Zina, when prophet implemented the punishment.  It is similar to Al F'il Al Bayaany

4. Things that are specific to the prophet (خصائص الرسول)
Rulings were specific to the prophet. For example the number of marriages at one time. Qiyam was obligatory for the prophet.

5. Al F'il Al-Mujarrad (الفعل المجرد)[Actions that do not belong to any other categories]
Prophet used to wear turban. There is no authentic hadith of wearing a turban. How should we approach it? We look at these actions, and what was ruling? Was it mustahab, was it wajib? Praying two rakat after Asr? Let's assume there is one sirat of the prophet about ibaadah, if he did it one time, then it is not wajib, if he did it more than once it is mustahab, unless it is not something that is obligatory for the prophet. Wearing of the imaama (turban), is it mustahab or mubaha? Did the prophet cover his head? Do we have example where the prophet did not cover his head? It was rare for the prophet to be without covering his head. So how would we judge this action of the prophet? Was it due to culture? Or protection from wind, rain, or weather? Or it was something that the prophet did on purpose? 

Principle: There is no responsibility (takleef - تكليف) unless there is evidence to show it. Before you say that some action is wajib or mustahab, there has to be some evidence. Majority of the scholars say it is mustahab to cover the head. Prophet wore head covering other than turban, so it is mustahab to cover the head.

Umar Sulaiman al Ashqar - series of books on Aqeedah
Mohammed al Ashqar - phd thesis on the actions of the prophet and it is 1,200 pages.

2010-02-15 Class Notes

Sunnah is the statements, actions and approval of the Prophet that the Lawgiver (Allah swt) has indicated as a standard to be followed.

It is important to note that the actions to be followed were indicated by Allah swt.

We are free to ignore the Al F'il Al Jibilly (الفعل الجبلي) actions of the prophet

What about actions that are related due to medical issues that were the practices of the time?
Majority of the hadith that are related to medical issues are not authentic. Should we emulate them or should we ignore them since they belong to Al F'il Al Jibilly (الفعل الجبلي) 
Ibn Qayim wrote a large book about actions of the prophet related to the medical issues? Should we resort to hijama or cupping.

If we had a statement of fact about the medical issues then we accept that statement and it becomes a sunnah that we follow. However if it is a practice and there is no statement praising the act then should we follow it? 

Al F'il Al Bayaany (الفعل البياني) and  Al F'il Al Tatbeeqy (الفعل التطبيقي) actions

Some of the (خصائص الرسول) khasaas actions are haraam to us such as the number of marriages. Some of them are makroo'.

Path followed by the prophet for Eid prayers: He took two different routes to go and return from the Eid prayers. The sahaba noticed it. It belongs to the actions that do not belong to any other categories. If he mentioned reasoning then it would belong to a different category. If we think about it may be we can find benefits to this action, may be the people could meet more people on different route and spread takbeeraat and salaams. This action belongs to the category Al F'il Al-Mujarrad (الفعل المجرد) [Actions that do not belong to any other categories]

Actions that are related to ibadah were considered mustahab. It would be hard to disprove it.

Prophet used to lie down on his right hand side after the sunnah of Fajr prayers. Did he do it regularly? Yes. Would it change your perspective of this action? Weak narration --- Prophet (peace be upon him) said that one should lie down after sunnah of Fajr.

Mohamed al Ashqar dissertation on actions of the prophet. Sheikh had created a flow chart describing the actions and some notes using MSDOS but he cannot open it anymore. 

Ruqyah would fall into a different category. Also there is a statement so there is more explanation of the action.

How about the actions that Prophet (peace be upon him) did not do?
What about things that he could have done, he did have means and that are related to ibadaah? 
Such as repeating the name of Allah. Only one who knows how to worship Allah swt is Allah swt, so if we do not have guidance from Allah swt to do the action then ... 

How about worldly things?
Why didn't he eat lizard? Because he did not like it, because it was not the food of his people.  even though it was the culture of the people. But he did not object to people eating it. This is an example of tacit approval of the prophet.

Sometimes prophet refrained from doing an action, but he explained via a statement why he stopped doing an action.
For example, he stopped praying taraweeh prayers in the masjid because he was afraid it would become obligatory.

Tacit approval of the prophet
His actions are showing disproval. It was the responsibility of the prophet to convey the message. So if something was wrong in his presence then it was his responsibility to correct it.

Were there exceptions or was it obligatory for him to correct their actions?
Suppose there was a hypocrite who did something that was clearly wrong. And would prophet's silence be understood that he was unhappy but did not correct their mistakes? [Ed: Another example was the Al Azl hadith as described in Contemporary Fiqh Issues class] http://www.smahate.com/islamic-classes/contemporary-fiqh-issues-winter-2010

So there are some conditions on the tacit approval for them to be hujja.

Examples of the actions of the prophet
When he walked he did not look around
He kept the khutbas on Fridays short
He liked perfume and did not refuse the offer of perfume
He ate with his three fingers and licked his hands after eating food
He made wudu before every prayer
He would combine prayers whenever he travelled.
Prophet used to have long hair

So we have to take the actions and see which category it belongs as described above. And then determine if they are a hujja.

If there is a report that the Prophet forbade something and anothe report that this was done in his presence but he did not say anything, how de we handle this?
This could be a sign that this action is makroo'

What is the ranking between Quran and Sunnah as legal authority?
Quran does not allow a man to be married to two sisters at the same time.
Prophet forbade marrying a woman and her aunt at the same time.

What takes precedence quran or sunnah?
Q>S Traditionally books say Quran takes precedence over the sunnah.
Q<S Sunnah takes precedence over Quran
Q=S Both of them are equal

Q>S Quran greater than Sunnah
1. Straight from al Haakim himself
2. Al Kitaab wa Al Hikmaah (The conjunction wa does not imply any order)
3. Quran sometimes admonishing the prophet
4. Hadith of Muadh ibn Jabal: Prophet is sending Muadh as governor to Yemen and asked him how will he judge and Muadh replied that he first said Quran, then Sunnah, and then ijtihaad. Some scholars accepted this hadith others did not. 
4a. Hadith of Abu Bakr and Umar
5. Mutawaatir and Qati al-Thaboot
6. Sunnah could be ijtehaad

Q<S Sunnah takes precedence over Quran
1. Sunnah clarifies Quran
2. Sunnah specifies Quran
3. Sunnah can abrogate Quran

Q=S Both of them are equal
1. Al Kitaab wa Al Hikmaah or Allah and his messenger
2. Both are wahi and revelation from Allah
3. Whoever obeys the messenger has obeyed Allah 

2010-02-22 Class Notes

Relative legal strength between Quran and Sunnah. We had three categories: Q>S. Q=S, Q<S

Q>S 
Hadith of Muadh - When prophet was sending Muadh to Yemen - that hadith is not accepted by many scholars, some do. We have authentic reports from Abu Bakr, Umar who would use the Quran and then the Sunnah for resolution to issues.

Punishment in the Quran does not specify banishment but both Abu Bakr and Umar implemented this punishment which was based on sunnah.

Letter that Umar ibn al Khattab wrote to Qadi Shuray - resolve issue by looking into the Quran --- Can a man marry a woman and her aunt at the same time? Quran just restricts marrying two sisters at the same time. But the prophet did mention that you cannot marry a woman and her aunt at the same time. The sahaba knew that from the sunnah. So Quran and Sunnah have to be taken together as is evidence from the letter written by Umar ibn Al Khattab.

One of the roles of the prophet was to explain the Quran. What does the Quran tell us about shortening the prayer, in what context can we shorten the prayer? Surah Nisa verse 101 - shorten if you fear the disbeliever [while traveling?]. Umar asked prophet, we dont fear the disbelievers anymore, so why do we still shorten the prayer. The prophet explained that it is a ruksa or gift from Allah swt. Umar applied the Quran as the prophet explained to him.

Why do we say from the perspective of usool al fiqh that quran and sunnah are hujja? 
Because both are revelations from Allah swt. They share that characteristic which is their main source of authority.

How would you respond to the following: Sunnah is not definitive so they will only accept the Quran since it is definitive. 
To understand the Quran, you have to turn to the sunnah of the prophet. It was the role of the prophet to explain the Quran.

What is going to take legal precedence in the following cases?
Quran is definitive with respect to it's confirmation thaboot
Quran is probable with repsect to indication
Hadith is probable with respect to confirmation (this premise is given - preponderance of evidence)
Hadith is definitive with respect to indication

Qati'ee > Dhanni

There is no conflict among the two. There is other evidence. Definitive evidence will take precedence. This is how they apply fiqh. This is why they apply sunnah over the Quran. Respecting the hand or yadd when enforcing the punishment of a thief. Yadd could mean the whole hand, but the sunnah indicates uptil the wrist. This fact now makes Q=S.

Prophet showed exceptions to the general statements of the Quran
Prophet gave us details of the commands mentioned in the Quran - most importantly how to make salat
Sadaqah means zakat and voluntary donation in Quran. Prophet said you cannot give zakat to rich person. Is that mentioned in the Quran anywhere? Is it permissible from the perspective of the Quran to receive zakat? The zakat collectors, they earned from the zakat collection, they were not necessarily poor. 

Quran and Sunnah are equivalent because they are revelations. We can say we know the Quran from the sunnah. The prophet tells us that this is the Quran, this is the most beautiful proof to those who say that they will only accept the Quran. Quran is the sign of the prophecy and we wont know the Quran without the sunnah. They are intimately connected to one another.

How do we know the Quran?
We know it from the mushaf. The cover will say something - via ruwayat - because it was passed down in the certain way

How do we know the Sunnah?
Also via ruwayat

The key difference is the volume of text between Quran and Sunnah. Sunnah is a large tract of text. We know sunnah via the hadith.

What hadith are authorities in Islamic law?
Only authentic hadith?
Are there any hadith that are mutawatir? Yes, whoever falsely attributes to me, should take their seat in hellfire. This hadith has 90 chains.
If a hadith is mutawatir then it is not part of the uloom al hadith.
If we talk exact wording of hadith, then we do not have a large number that are mutawatir. But there are large number wrt the meaning. For example raising hand during prayer.
Mutawatir wording is much less than mutawatir meaning
Mutawatir - It would be impossible for a large group of people to conspire to fabricate a fact or make the same mistake.
313 is one opinion of a number of people who are required to make it mutawatir. There are other opinions.  The common number is 4.

Hadith are basically divided into five major categories:
1. Sahih - Authentic
2. Hasan - Good
3. Dhaeef - Weak
4. Dhaeef Jiddan - Very weak
5. Maudhoo' - Fabricated

2010-03-01 Class Notes

Two major divisions of hadith: Mutawaatir and Ahaad. 
Among the Ahaad hadith there are five categories:
1. Sahih - Authentic
2. Hasan - Good
3. Dhaeef - Weak
4. Dhaeef Jiddan - Very weak
5. Maudhoo' - Fabricated

What is hujja from among the Ahaad hadith is of the main concern for us. Which of the above five categories of Ahaad can be considered an authority or hujja? What conditions will you put upon the report before you accept it?

Conditions for hujja

For hadith to be sahih it has to meet five conditions:
1. Chain or isnaad must be unbroken. We know all of the sources from which this report is coming. There should be no missing links so that we can verify the sources.
2. Every narrator must (be adl) have integrity/righteousness. From a shareeah perspective he performs the obligatory duties and avoids the restricted. However it does not mean that he does not commit sins. Piety is not a necessary condition. He must know how to transmit the knowledge. Not every pious person knows how to pass on the narrations.
3. Every narrator must be dhaabit ضبط or proficient and accurate. He must know how to transmit the hadith and he must be capable to do so. Narrators who are adl and dhaabit are known as trustworthy.
4. Narration cannot contradict a stronger authority. It applies to both the chain and the text of the hadith. Stronger authority in the sense how it is confirmed. For example if it contradicts Quran or a mutwattir hadith, then it is considered shaad, even if the hadith is reported by adl and dhaabit narrators.
5. Narration cannot have a damaging hidden defect, this is known as illa. Find out the sour source of the contradiction or mistake in the narration. For example, you have a complete chain to sahaabi, and one of the narrator says "an rasul" but it is a statement of let's say Abdullah ibn Masood. When the scholars look at it, they determine everything is correct except the statement is attributed to the prophet. Then the scholars can determine that there are other narrations correctly attribute it as a statement of a sahaaba and somewhere a mistake was made and it was attributed to the prophet. This is known as a damaging hidden defect.

When a isnaad or chain is sahih, it meets the first three conditions. When a hadith is sahih, it meets all of the five conditions.

Hasan hadith is also an authority in Islamic law. What makes a hadith a hasan hadith?

He gives so much that his right hand does not know how much his left hand gives. In general you give with your right hand. There are some hadith, the prophet describes a person who is giving with his right hand and left hand. It is probable that prophet said that somebody gave with their left hand.

Hasan hadith - condition number 3 is little less compared to the sahih hadith. Some of the narrators are less dhaabit. 

If you find a hadith that the chain is less dhaabit but you find other narrations where the chain is much better then the hadith is graded to be sahih instead of hasan.

Weak hadith is not an authority in Islamic law. However there is very important issue about how scholars of hadith deal with hadith. Hanafis and Malikis have different requirements for accepting a hadith. If you go to books of fiqh who accept the hadith but the scholars of hadith do do not accept the hadith. The criteria is different.

For example you have a narration from taba tabieen. And he says that the prophet said something. Does it meet our requirements. The chain is broken, we need atleast two chains. 


 

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