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The Sources of Shariah

The only evidences to be considered as sources for the Ahkam Shar'iah are: Qur'an, Sunnah, Ijma' as Sahabah and Qiyas. The Daleel (evidence or proof) which establishes something as a SOURCE of Ahkam Shar'iah must be qata'i (decisive) and not thanni (non-definitive) because this daleel deals with 'Usul-ul Fiqh and not with its branches. Since the source of legislation must emanate from the Wahi (revelation), the issue of what constitutes a source of Ahkam Shar'iah is part of the 'Aqeedah. Therefore, the Daleel that proves that a source of Ahkam is brought by Wahi must be qata'i because issues related to the 'Aqeedah are based only upon definite proofs. After thoroughly investigating all of the evidences, the only sources which are proven conclusively from the Wahi are the four sources mentioned in the article. Quran As for the Qur'an being from Allah in utterance and meaning within its capacity, it is an affirmed evidence. The miraculous lingu

Understanding the Amr

Since Qur'an was revealed in the Arabic language, deriving rules from the legislative sources requires comprehension of Arabic. Allah (swt) revealed: Verily, we have sent it down as an Arabic Qur'an in order that you may understand. [Yusuf 12, 2] However, the mere understanding of the Arabic language is not sufficient to extract rules. This is because the issue at hand is the extraction of rules from a specific (i.e., legal) text. The Arabic language is just one prerequisite in understanding the legal text. Additional requirements exist such as the factors determining the obligation and prohibition, differentiating between the general and particular text or restricted and unrestricted text. In this article we will address the topic of 'Amr. Some have considered the usage of 'Amr in legal texts as an indicator for performing a Fard. Hence, some jurists consider growing the beard as a Fard because of the apparent usage of 'Amr form in those Hadith. Others do not consi

Transcript: Enjoining the Ma’ruf & Forbidding Munkar

The following is a transcript of a circle delivered upon this subject. Please note that it is in the form a transcript, therefore some of it is included as brief bullet points. Enjoining the Ma’ruf & Forbidding Munkar “You are the best of the nation raised up for mankind because you enjoin what is right and forbid the wrong and believe in Allah” [TMQ Ale-Imran: 110] Munkar means evil – those things which are clearly haram, e.g. lying, slander, cheating, backbiting, calling for peace with Israel, supporting Kufr political parties, neglecting ones parents, breaking ties with direct family, entering the political system to rule by Kufr, commiting Zina, drinking alcohol, joining the united nations, dividing Muslim land, privatising the natural resources and public utilities like oil & gas, supporting the current rulers in the Muslim world, abandoning the hudud, abandoning khimar for women, etc. Ma’ruf means the good i.e. the belief and ahkam shariah of Islam such as salah,

The Mujtahid

The Mujtahid Ijtihad has been defined as the expenditure of effort, seeking the (prevalent) opinion about a thing from the Shari'ah rules in a manner such that the Mujtahid feels unable to do any more i.e. it is the comprehension of the Shari'ah text from Kitab and Sunnah after exerting one’s outmost in arriving at this comprehension to gain cognisance of the Shari'ah rule. This means three issues need to be fulfilled in the inference (Istinbat) of the Shar’ai rule before it can be said he has made the inference with a legitimate Ijtihad i.e. three issues have to be met before the action can be called Ijtihad. Firstly, exerting effort in a manner until he feels unable to exert any more. Secondly, this exertion should be in search for a prevailing opinion about an issue from the Shari'ah rules. Thirdly, this opinion about an issue should be from the Shari'ah texts because these texts are the only source from which Shari’ah rules may be derived. The Hukm Shar'ai i