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Video: Studies in Usul ul Fiqh | An Introduction to Legal Maxims

Fiqh (Islamic jurisprudence) الفقه الإسلامي is a very important and diverse discipline. its literature is very vast. In addition to the body of the legal rules, it includes Usul al Fiqh أصول الفقه (Islamic legal theory), comparative Fiqh الفقه المقارن, 'Ilm al-Khilaf علم الخلاف (studying differences among jurists and their basis) and 'Ilm al-Qawaed al-Shareyyah. القواعد الشرعية This discipline addresses the legal maxims and their application. Muslim jurists, in the past and the present, produced huge literature addressing this aspect of Fiqh. This is part of a video series by Sheikh Abu Tariq Iyad Hilal. Source: Al-Arqam Institute


By: Iyad Hilal ‘Eid-ul-Adha is one of two Islamic holidays permitted by Allah (‘Azza wa Ja’l); the other being ‘Eid-ul-Fitr. Aside from being occasions for celebration, the two ‘Eids that the Ummah observes conclude two distinct acts of worship: Saum (during Ramadan) and Hajj. While ‘Eid-ul-Fitr marks the end of the act of fasting (during Ramadan); ‘Eid-ul-Adha concludes the Hajj with its most important act that is manifested by the assembly of pilgrims (gathered) at Arafah. ‘Eid-ul-Adha (known also as ‘Eid-ul-Nahr or Yawm-ul-Nahr) immediately follows the Day of Arafah during the Hajj. To perform this Fard act i.e. Hajj, capable Muslims from all over the world visit Makkah and perform specific actions in a particular order. This visually and substantively signifies the unity of the Ummah. It is unfortunate that some Muslims (both in the West and in the Muslim World) insist and argue about celebrating ‘Eid-ul-Adha according to our own sighting of the moon when we shoul

Al-Ijmaa’ (consensus) - Part 1

This is an extract from the book Al-Waadih Fee Usool ul-Fiqh by Muhammad Hussein Abdullah.  Al-Ijmaa’ (consensus) The meaning of Al-Ijmaa’: Al-Ijmaa’ linguistically: It is the determination or resolve upon a matter and agreement. This resolve is valid to emanate from one (person) and this meaning is found in the Qawl of the Messenger (saw): مَنْ لََْ يََْمَعْ ال ي صِّيَامَ قَ بْلَ الْفَجْير فَلَ ي صيَامَ لَه “Whoever does not resolve (i.e. intend) the fasting before Fajr, then there is no fasting for him” (related by the compilers of the Sunan). Just as it is valid to be used for more than one like in His Qawl Ta’Aalaa: فَأَ يْ جَعُوا أَمْرَكُمْ وَشُرَكَاءكَُمْ So resolve upon your plan along with your associates (Younus 71). Which means resolve whilst being in agreement with your associates. The meaning of Al-Ijmaa’ in accordance to the Istilaah of the Usooliyeen: It is the agreement upon the Hukm of a reality from amongst the realities in respect to it being a Hukm Shar’i

Q&A: Are women obliged to keep long hair?

Question: I’ve been asked this question and I want to raise it here for it to be answered if possible: are women obliged to keep long hair?   Is it not allowed for a woman to cut her hair?  Some have said that one points of reasoning behind this is, is that it would cover their awra’ on the day of judgement. Answer:  No on both counts. Reasoning: The cited reasoning or justification mentioned, is a khurāfah – a superstition, as there is no textual evidence to substantiate this view.  Just as there is no text outlining an obligation for women to keep their hair long, there isn’t any prohibition contained within the Islamic texts concerning women cutting their hair, or even for that matter, keeping it short.   We know that there is a report that the wives of the Prophet (peace be upon him) had their hair cut short mainly for ease in washing as outlined by the mother of the believers, ‘Aisha, may Allah be pleased with her.   Imām Muslim records in his Ṣaḥīḥ :

Ramadan in the Ottoman Caliphate

All  Elements  of Ottoman Society Fasted during Ramadan The fourth pillar of Islam is fasting during the month of  Ramazan,  the ninth month in the Islamic calendar, and requires that Muslims abstain from food, drink, smoke, snuff, and sexual activities every day from sunrise to sunset. Fasting is not obligatory for children before the onset of puberty, people with an illness or medical condition, nursing and pregnant women, travelers, and those fighting on the battlefield. Despite these rules, children, pregnant women, travelers, and soldiers in the Ottoman era fasted during the entire month. Though the duties of the holy month are arduous, members of all social classes in the Ottoman era observed them with exceeding devotion and zeal, and they condemned any open and public infraction with uncommon severity. Decorating the mosques with lamps The mosques were brilliantly illuminated, and they were crowded with worshippers. Cords were “slung from minaret to minaret,” to whi

Misapplication of the Bay’a (pledge of allegiance) in Islamic History

The second principle of the Islamic ruling system is that ‘Authority belongs to the Muslim Ummah.’ The Khaleefah is not a king or dictator who imposes his authority on the people through coercion and force. The Khaleefah’s authority to rule MUST be given willingly by the Muslims through the Islamic ruling contract known as bay’a. Without this bay’a the Khaleefah cannot rule. Unfortunately, after the time of the rightly guided Khulufaa which lasted 30 years Muawiya came to power and instigated the start of a hereditary bay’a where sons or family members would assume power after the Khaleefah’s death. This was prophesised in the hadith: الْخِلاَفَةُ فِي أُمَّتِي ثَلاَثُونَ سَنَةً ثُمَّ مُلْكٌ بَعْدَ ذَلِكَ “The Khilafah in my Ummah will be for thirty years. Then there will be Mulk (kingdom) after that.”  ( Tirmidhi ) This doesn’t mean the Khilafah stopped after 30 years, rather it means the Khilafah based on prophethood (following the sunnah) which we refer to as the Khilafa