Thursday, April 06, 2006

Usul & Fiqh

The following articles written by various writers are related to Usul ul-Fiqh (principles of Islamic jurisprudence) and Fiqh (jurisprudence).

The Five Types of Hukm Shari (divine rules)

The misuse of the principle of Dhuroora (necessity)

New Urdu Usul al-Fiqh book

New book by Sheikh Ata’ Abu Al-Rishta on Tafseer

The fallacy of the influence of Roman law on Islamic Jurisprudence

A Choice Between Tradition and Secularized Islam?

Islam & Modernity: Selling out?

Refutation of Gadaffi & others who reject the Sunnah

Tarjeeh (outweighing) between evidences

The Role of Isnad in the Preservation of the Islamic Civilisation


All Permitted (Mubah) Actions Require a Daleel (evidence)

Mantuq & Mafhoum

The Shari'ah of the previous nations is not a Shari'ah for us

The Qur'an - the first source of law

The meaning of Ijma' its types & misuse

Definition of the Quran

The means to Haram is Haram

Exposing the call for the reformation of Islam - Part 3

Exposing the call for the reformation of Islam - Part 2

Exposing the call for the reformation of Islam - Part 1

Q&A: What is the shubhat ad-daleel (semblance of evidence)?

Who is al-Hakim (The Legislator)?

History of Usul ul-Fiqh (Principles of Islamic Jurisprudence)

The Sources of Shariah

Ijtihad & Applying Islam in the 21st Century - Part 1

The need for Ijtihad in Every Age

Evidences for Ijtihad

The Mujtahid

Clarifying the issue of Taqleed

Understanding Illah (legal reason) & Qiyas (analogy)

All Permitted (Mubah) Actions Require a Daleel (evidence)

Understanding the Amr

Understanding Qaid'a - Islamic Legal principle

Imam Shafi Did Not Change Islam According To Changing Times and Places

Sunnah - The Islamic Way of Life

The Relevance of Islam Today

Imam Shafi And Al-Risala

Mantuq & Mafhoum


Fiqh & related


Ruling by Kufr is Haraam - by Prof. Muhammad Al-Mass'ari

Al-Yaasiq of today - the law applied in the Muslim world

The twisting of ahadith to justify the abandonment of the Shariah

The Ruling of Islam on Elections

Q&A: Being part of a group?

Setting up rivals to Allah (swt)

Treaties in Islam

Q&A: Female circumcision?

Q&A: Age of separating children in the beds?

Q&A: Is there an illah in the hukm of Jilbab?

The prohibition of pretending to have knowledge

Q&A: Lobbying non-Muslim governments?

Q&A: Drawing pictures of animals & people to teach children?

The meaning of the ahadith of 73 Sects

Deobandi & Barelvi original Fatawa - obligatory to follow sighting of Muslim from any land for Ramadhan & Eid

Representation (Al-Wilaayah) & Delegation (Al-Wekaalah) in Islam

Q&A: Sending children to schools where Kufr is taught?

Q&A: Are credit cards allowed?

Being a Councillor within Local Councils in Dar al-Kufr is Haram

Who is a Kafir?

Q&A: Woman having driving lessons without Mahram?

Q&A: Woman travelling without a Mahram?

Q&A: Regarding prohibition of Tabbaruj for women?

Q&A: Woman riding in car alone without a Mahram?

Q&A: Going to cinema & watching licentious films?

Q&A: Guardianship of convert woman for marriage?

Q&A: Wearing garments below ankles for men?

Q&A: About the verse - An-Nisa:141

Understanding the issue of Niyah (intention)

The Development of Fiqh

The Significance of Zakah

Tafseer of Surah ar-Ra’ad, Ayah 11

The importance of Fiqh (jurisprudence) & its study

The obligation of beginning of Ramadhan when the moon is sighted in any country

Sudan: The Shariah rule on Resolution 1706

It is obligatory to obey the Amir and it is haram to betray him or break the oath given to him

Q&A: Muslim woman marrying a Kafir?

Is it allowed to have more than one movement calling to Islam?

Transcript: Enjoining the Ma’ruf & Forbidding Munkar

A Refutation of the Arguments that are put Forward to say that voting in a Kufr system is Halal

Political Parties in Islam

Q&A about gradual implementation of Islam

Importance of seeking knowledge

Clarifying the meaning of Dar al-Kufr & Dar al-Islam

Electing someone to rule by Kufr

Q&A: Seeking our rights under a non-Islamic system

The Shariah rules relating to mixing between the sexes

Q&A: 'As you are, rulers will be appointed over you'

Ummah Wasat: So That The Meaning Is Not Lost In Translation

usool al-fiqh usool ul-fiqh usul-al-fiqh fikh fiqah fikah usuulhanafi shafii hanbali zahiri shia jafari sunni

33 comments:

Anonymous said...

Salam,

More of the same please.

wasalam

Anonymous said...

Salaam,

I have a question can one listen to music? If yes then which kind of music and wat kinds or intruments can be used?

Abu Ismael al-Beirawi said...

There is a legitimate difference of opinion amongst the scholars on the issue of music.

The opinions range from absolute prohibition, prohibition of specific types of instruments, permissibility of certain genre of music, kirahiyah (it being disliked) in principle, and absolute permission in principle.

Taj ud-Deen Subki, al-Haythami and others argue that it is haram.

Imam Ibn Hazm al Andalusi states that it takes the rule of being the means to an end, if it is a means to evil then prohibited, and if it is a means to goodness it is permitted. (al insaaf fee bayan adab ul ikhtilaf, Shah Wali Allah Dehlawi refers to his position as accurate).

Ash-Shawkani says it is Makruh (disliked)in Nayl ul Awtar.

Imam Shafi’ mentions in Kitab al Umm that the messenger (saw) enjoyed listening to the music the caravans played.

Abu Hamid Al-Ghazali although he only partially permits certain types of music quotes Imam Shafi’I as saying 'Sima, kalaam, wal kalaam khair, wal kalaam sharr'(Music is an aspect of speech, speech is either good or bad). This is related in the Ihya uloom ud Deen with Zain ud Deen al Iraqi’s istikhraj where he did not reject the attribution to Shafi'.

Ibn Abi Zayd al Qayrawani quotes Malik as saying that he dislikes it and listening to it should be avoided if possible, although not munkar and should not be forbidden. Imam al Hafidh Shatibi, the Maliki Mujtahid and Usuli states in his Muwaaffaqaat fee Usul states that there is no harm in listening to music as long as it does not become too frequent and prevents one from other more necessary actions i.e. that it is mubah.

Al-Nablusi the Hanafi Faqeeh (died 1730) said that it is not forbidden.

Anonymous said...

Asalaam alaikum,

Brother do you have a reference to difference of opinions that existed amongst the salaf on issues relating to 'khabar ahad' mentioning their sources, books and names and what's the general understanding for a lay MUSLIM emanating from those differences?

Jazak Allahu Kheir

Anonymous said...

Salaam,

Is one allowed to seek financial aid from a Kufr Government e.g. help in funding education?

Anonymous said...

Assalamu alaium...
I have question. Is it allowed to wear a garment out of the jilbab, or shold the jilbab be outermost?

baraka Allahu fik

Momo said...

salaamalaikoum, you told us about music.

What can you tell me about the following:

And Shaykh Muhammad ibn ‘Uthaymeen (rahimahullaah) was asked :


“ Is it permissible for men to indulge in the ‘Islaamic songs (nasheed)’ ? ”



He answered with his statement:


“the ‘ISLAAMIC NASHEED' (songs) are an INNOVATION brought by the SUFIS. therefore it is a MUSTto ABANDON these and choose the QURAN and

the SUNNAH. ”

Mujahid said...

Assalaam Alaykum,

may Allah bless you for creating such an informative site, i have a question,

is it permissible to celebrate birthdays and anniversaries in Islam? or is it comes from kuffar's concepts?

JazakAllah Khair

Islamic Revival said...

The following is from a q&a on this subject:

Celebrating the birthday of a person is one of the disbelieving western countries habits. It is not of the habits of the Muslims, nor did it exist at their times, neither at the time of the Messenger of Allah (saw), nor at the time of the Sahabah or the tab’ieen and tab’iee tab’ieen. Neither the messenger (saw) nor the Sahabah nor the tab’ieen celebrated the birthday of Muhammad (saw). Neither did the Messenger (saw) celebrate the birthday of Al-Hassan nor Al-Hussien, nor did they present gifts to anyone of them in the occasion of their birthday.Celebrating, if it is an imitation of the kuffar is not allowed by the shar’a, due to the ahadith that prohibited the imitation of the kuffar.But if it was not imitation of the kuffar then it is of the mubah matters. But it is better suited for the shabab to stay away from it and not participate in it, so as to stay away from the doubted matters (shubhat) due to the saying of the Messenger (saw) “Whoever protected himself from the Shubhat (doubted matters) he would have cleared his deen from blame (guilt)”

Anonymous said...

salaam brother,

Is it fard to send your children to Islamic schools and if you can not afford it, to home school? This is in light of the ayah which talks about saving your familes from hell fire as its fule is men and stones. Non muslims schools teach things contradictory to Islam and have an unislamic environment where children pick up bad things in the playground.

Islamic Revival said...

AA

The following Q&A and the posts following it answer your question:

http://abuismael.blogspot.com/2006/12/qa-sending-children-to-schools-where.html

Anonymous said...

Salam brother,

I've question on consuming najis (cow's drop). To farm a earthworm, it is better to use cow's drop (mix with other substance) as a media (habitat/food to worms). Is it allowed to consume najis for this matter? To plant a vegetables also, cow's drop could be use as fertelizer. Is it allowed?

Thanks for you question.
Salam
kmohd1@gmail.com

Anonymous said...

salamualaikum brother
there was on this site an article about the hukm of meet wich came from kuffar(jews or christians).
i cannot find it anymore.
please tell me where i can find this artikle
jazakallahu kahiran
wasalam

Anonymous said...

Salam brother of Islam,

I have a question about a mans haircut if he were to cut parts and parts leave it like cutting the sides and leaving the top is that haram,or makruh? ALso about the Arabic flags that these so called Islamic countires have for each country is it wrong if someone put one on his car or on a wall for the country he was from?

rational ashik said...

salamualaikum, brother
my question is is masturbation haram in islam, both for men & women. if it is so what is the gunah?
jak

Anonymous said...

Salams

The Prophet (saw) said that there is no shyness in matters of deen - so it is good that we clarify the shariah rules relating to all issues, even though some people may find embarrassing. The Sahaba used to ask the Prophet (saw) questions on the most detailed and intimate of issues in order to follow the ahkam shariah.

As Aisha (ra), the wife of the Prophet testified, "Blessed are the women of the Ansar. Shyness did not stand in their way of seeking knowledge about their religion." (Agreed upon).

Regarding oral sex there is difference of opinion amongst the scholars. Some say it is permitted (mubah), others say it is Makruh (disliked). Most put a condition of not swallowing each others fluids.

Imam al-Shafi`i said in al-Umm, book of Nikah, chapter on (the prohibition of) anal sex, that apart from the prohibition of anal sex, "enjoyment of the whole body regardless of vaginal penetration (iblaagh al-faraj) is permissible."

Ibn al-`Arabi [al-Maliki] cited Asbagh - one of the Maliki Ulema - as saying: It is permissible for him to lick the vagina with his tongue.

look4ans said...

As-salamu walikum
my question to Islamic Revival is, 1. when one is getting shower is it permitted to get full necked,or whether one have to put some clothes on.
2. when one get sex with his wife is it fard to get shower? what if it is late at night and cold out there before fajar prayer,what should one do?
pls provide me fiqh solution

Anonymous said...

Slms,

I remember an article on the the leaders of the muslims only being from the quraysh.

Is it posible to put it up or direct me to it please.

If there has never been one, can you please answer the question

Jzks and may allay reward you ia

ws

Islamic Revival said...

There is a section on this topic in the chapter on the conditions of the Khalifah in the Ruling System of Islam book:

http://www.hizb-pakistan.org/home/wp-content/uploads/2009/02/the_ruling_system_of_islam.pdf

Anonymous said...

Regarding ramadhan: last years ramadhan was very tough. I live in scandinavia, where the fasting hours are long (from five am - eight pm). And I almost became ill from that, because i was working at the same time.
So here is my question: would it be allowed for me to not fast, and instead pay for a poor person every day that i do not fast? I believe i read something about that, that this is allowed, but i'm not sure.

Jazakum Allahu khairan

Islamic Revival said...

No that is not permitted for you to do. It is haram to intentionally break the fast without a shariah reason to do so like if you were actually ill. You have to see it as a test from Allah and take measures like having a big suhur which will keep you going during the day. Imagine the fasting of the Sahabah in the blazing desert without any air conditioning!

Anonymous said...

salamualikum brother
concerning your answer of fasting:
Brother I heard from some Madhahibs, that they said, if it is too difficult to fast( so that someone get ill of that) he has the option to breake the fast (but the difficulties has to appear while fasting).
Is that right?

Anonymous said...

So from what you said, I have to try fasting, and then if I become too ill to fast, pay for a poor person? Or fast when it's easier...? Isn't there a kaffarah for not fasting, besides the two months...?

Islamic Revival said...

If a Muslim doctor verifies that you will get ill if you fast then you can give the kaffarah instead of fasting

Anonymous said...

There are only 'ulema here. I haven't seen a real muslim doctor.
Okay, for example, then I can give iftar to my friends instead? I have trouble applying the theory of the Hukm to my reality..... Let me try and explain what happened last year. When I fasted, I had a raging headache and some nausea, to the point, that I had to spend the day on the couch, trying to sleep until iftar. That would seem to be sickness, wouldn't it? Could you give some examples of what Sahabah or Tabi'in experienced in that regard? How did they get sick and to what degree, to allow themselves to break their fast?

Islamic Revival said...

Sheikh Ali Raghib said in his book Ahkam as-Salah:

"Whoever is not capable to fast at all, namely the old man who is strained by fasting i.e. he finds difficulty therein, and the sick whose recovery is not expected, fasting is not obliged upon him and a ransom (fidyah) is obliged upon him due to His (swt) saying:

{ وَمَا جَعَلَ عَلَيْكُمْ فِي الدِّينِ مِنْ حَرَجٍ }
“And Allah did not lay hardship on you in the deen” [TMQ 22:78]

And His (swt) saying:

{ وَعَلَى الَّذِينَ يُطِيقُونَهُ فِدْيَةٌ طَعَامُ مِسْكِينٍ }
“And on those who are capable of it, a ransom of feeding a poor person” [TMQ 2:184].

It is also due to what ibn ‘Abbas (ra) narrated and said:

"من أدركه الكبر فلم يستطع صيام رمضان فعليه لكل يوم مد من قمح"
“Whoever attains old age and is not able to fast Ramdhan, then a (mudd) of wheat every day is (obligatory) on him.”

And ibn ‘Umar said: “If one becomes too weak to fast, feed a (mudd) every day.” It was also narrated from Anas (ra):

(ضعف عن الصوم عاماً قبل وفاته فافطر وأطعم)
“That he became too weak to perform fasting one year before his death so he broke the fast (aftara) and fed (others).”

If one is unable to fast due to an illness which he fears to increase, and hopes of its cure, fasting is not obliged on him because of harm to him so he does not fast. If he was cured then, repaying is obliged on him due to His (swt) saying:

{ فَمَنْ كَانَ مِنْكُمْ مَرِيضًا أَوْ عَلَى سَفَرٍ فَعِدَّةٌ مِنْ أَيَّامٍ أُخَرَ }
“Whoever among you is ill or upon travel, then a number of other days (is to be made up)” [TMQ 2:184].

If one wakes up fasting and he is healthy then he became ill, he breaks the fast because breaking the fast is allowed for him. As for the traveller, if his travel is less than four burud i.e. less than eighty kilometres, he fasts and it is not permitted for him to break his fast, because the travel that gives permission is the Shair’ai travel which is four burud measured as eighty kilometres. If the travel is four burud and beyond, he has the choice to fast or break the fast, due to what ‘Aishah (ra) narrated:

“That Hamza bin Amru Al-Aslami said: O Rasool Allah, should I fast in the travel? Rasoolallah (saw) said:

«إن شئت فصم وإن شئت فافطر»
‘If you wish, fast and if you wish, break the fast.”

[End of quotation]
________

The fidyah (ransom) cannot be just giving iftar to your friends, you should feed a poor needy person that you don't fast.

Ibn Qudaamah (d. 620 AH) (Rahimullah) said, “The scholars are agreed that it is permissible for the sick person not to fast in general. The basis of that is the aayah in which Allaah says (interpretation of the meaning):

فَمَن كَانَ مِنكُم مَّرِيضًا أَوْ عَلَى سَفَرٍ فَعِدَّةٌ مِّنْ أَيَّامٍ أُخَرَ

“For those who can do it (With hardship), is a ransom, the feeding of one that is indigent.” [Surat al Baqarah (2) V. 184]

It was narrated that Salamah ibn al-Akwa’ (Radi Allahu Anhu) (d. 74 AH) said: “When this aayah was revealed –

…وَعَلَى الَّذِينَ يُطِيقُونَهُ فِدْيَةٌ طَعَامُ مِسْكِينٍ…

“And as for those who can fast with difficulty, (e.g. an old man), they have (a choice either to fast or) to feed a Miskeen (poor person) (for every day)” [Surat al-Baqarah (2) V. 184]

those who wanted not to fast could do that, and pay the fidyah (i.e., feed one poor person for each day).

Anonymous said...

Ok, now we've established the theory of the Hukm. On to the practical aspect of it.

What is the definition of health and the definition of sickness? I have to dig in it, to further my understanding. To ask a foolish question, if i had pain in my little toe, does that mean that i have the rukhsah not to fast? Or what...? :-) People tell me, "It's wellknown what health is and what sickness is". But I'm not like that, I need explanation. Please elaborate more...

Islamic Revival said...

What you described of your own condition when you said: "When I fasted, I had a raging headache and some nausea, to the point, that I had to spend the day on the couch, trying to sleep until iftar" - means that if that is the reality when you fast then you have a ruksa.

Please tell us what country you are in so we can maybe refer you to a website of fuqaha in your area to be contact with.

Anonymous said...

Denmark, copenhagen. It would propably be impossible to locate the headache and nausea (joke intended) now, so how can I be sure, they will return.

So basically I have to try and fast, which I will insha Allah, and if the headache and nausea starts again, then I have to stop the fast. And I have to try and fast the days in december for example where it's easier, but if I can't, then I have to pay the fidyah for a poor person for each day I didn't fast.

Have I understood it correctly?

Islamic Revival said...

You have to use your best judgement of the likelihood of you getting ill, it may not be exact but you should fear Allah in that and if you truly believe from experience you will become ill then you have a rukhsa.

It is best you discuss this matter with knowledgeable brothers in Denmark like the brothers from www.khilafah.dk

Anonymous said...

Salaams brother...

Masha Allah on all the work that you are currently doing.
Firstly, is it permissable to visit shrines & tombs of the deceased & to seek their intercession or their blessings.
Is there any evidence in the ahkam sharah that allows this???
I have read that Imam Shafai visited the tomb of Imam Abu Hanifa...is this true.
Jazakallah Khair

Was salaam

abu khaled said...

ws

The prophet (saw) said, كنت نهيتكم عن زيارة القبور ألا فزوروها, he said that i had ordered you not

to visit graves, now you can visit them. From this hadith it is clear that the

prophet had earlier ordered the muslims not to visit graves and then he said that they could visit them.
Similarly in another hadith the prophet said that the Muslims should walk with the funerals as it makes a man sad and the one who is sad is in the shade of allah.

From here we can understand that it is recommended to visit graves and that is for our Ibrah (reminder/lesson), although there is no daleel (evidence) to prove that we can ask for their interecession.

The prophet (saw) in this regard said: when one dies, all his deeds stop except for three, a good (saleh) son who makes dua for him, sadaqa jariya and ilm which is beneficial for the muslims.

From this hadith it is very clear that the one who is dead is himself unable to help himself and that he cannot do any deeds, how can he help others.

wassalam

Revival said...

brother,

i have one question regarding sabab & manaat ul hukm. Are these two the same or there is a difference? Please clarify a bit.