Ahkam – Islamic Laws

1. Ahkam – Islamic Laws Sheikh Jaffer H. Jaffer Masumeen Islamic Centre Fall 2012

2. Ahkam – Islamic Laws • Overview of Rules: • Hijab • Conscious of camera; Timing • Classroom environment – taking notes; asking questions…etc • Success of this class is based on everyone’s participation • Books used: • Taudhi ul-Masail of your Marja’

3. Ahkam – Islamic Laws • Subjects covered (tentative): • Importance of Ahkam • Taqleed • What is Taqleed? • Proofs regarding the obligation of Taqleed • Overview of Taqleed, How to ascertain the most learned…etc • Partial reading from Taudhi ul Masail of Syed Sistani • Al-Wajibaat and Al-Muharramaat • Taharat, Najasaat and Mutahiraat • What is meant by Taharat, Najasaat and Mutaharaat? • Ahkam of Taharat including Proofs • Ahkam of Najasaat including Proofs • Ahkam of Mutahiraat including Proofs

4. Ahkam – Islamic Laws • Importance of Ahkam • Islam is like a Tree • The most important part of the tree are the roots (Aqaid) • The fruits of the tree are our Akhlaq! • The branches of the tree are the actions/rituals/practices that we carry out • In other words, they are the Ahkam/Laws that we adhere by • There is no doubt amongst any of us that Islam is the final and perfect religion • When one embraces Islam, it becomes incumbent upon them to know everything which is expected of them and that which is obligated upon them (encounter day to day) • There are four different ways of reaching this knowledge:

5. Ahkam – Islamic Laws • First: Detailed Knowledge (‘ilm tafsili) • Opposite of Non-specific knowledge (‘ilm ’ijmali) • What this means is that I have 100% knowledge (Yaqeen) of what Allah SWT wants from me • Naturally this is a very difficult if not impossible stage to be at. • We have non-specific knowledge (ilm ‘ijmali); for example: I know salaat is wajib, I have no doubts about it, but why it is wajib, what the specifics of that are – I don’t know! Therefore I have ‘ilm ‘ijmali but I don’t have ‘ilm tafsili

6. Ahkam – Islamic Laws • Second: Ihtiyat–Precaution • The PROCEDURAL PRINCIPLE which consists in going out of one’s way to make sure one complies with possible as well as with certainly known divine injunctions • By acting upon Ihtiyat – there are a number of different scenarios that can arise (on the board) • Naturally, always acting upon precaution is very difficult but at times it is required from me; • for example if I am thirsty, and there are two glasses in front of me, and I know for sure one is alcohol and one is not, but I don’t know which one is which; here I have to not drink anyone of them!

7. Ahkam – Islamic Laws • Third: Ijtihad • Linguistically – it means diligence, hard work, to strive • Therefore, one who strives, works hard and is diligent is called a Mujtahid • Context of Fiqh – it means the exercise of derivation (Istinbat) of a ruling by a Jurist • Therefore, one who derives the ruling from its sources is called a Mujtahid • There are two types of Mujtahid – Mutlaq (complete) and Mutajazee (Partial) • Mujtahid Mutlaq is one who can derive the all the rulings of Fiqh from their sources • Mujtahid Mutajazee is one who can derive some of the rulings of Fiqh from their sources (for example: Only the rulings pertaining to Salaat)

8. Ahkam – Islamic Laws • Fourth: Taqleed • Linguistically – means imitation, copying, mimicry • Therefore, one who mimics or imitates another is known as a Muqallid • Context of Fiqh – means to act upon the rulings and derivations of a Mujtahid • Therefore, one who acts upon the rulings of a Mujtahid is known as a Muqallid • Historical acceptability of Taqleed: • Occuring since the advent of Islam • Aimmah AS used to nominate people who could guide/teach the community

9. Ahkam – Islamic Laws • Proofs of the permissibility of Taqleed: • Intellectual (‘Aqli) Proof: • The Simple Proof: • الرجوع الجاهل الى العالم • ‘the one who does not know seeks clarification from the one who knows’

10. Ahkam – Islamic Laws • Proofs of the permissibility of Taqleed: • Proofs from the Qur’an: • فَسَْلُواْ أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ • "Question the people of remembrance if you do not know."(21:7) • فَلَوْ لَا نَفَرَ مِن كلُ‏ِّ فِرْقَةٍ مِّنهُْمْ طَائفَةٌ لِّيَتَفَقَّهُواْ فى الدِّينِ وَ لِيُنذِرُواْ قَوْمَهُمْ إِذَا رَجَعُواْ إِلَيهِْمْ لَعَلَّهُمْ يحَْذَرُونَ • But why should not there go forth a group from each of their sections to become learned in religion, and to warn their people when they return to them, so that they may cautious? (9:122)

11. Ahkam – Islamic Laws • Proofs of the permissibility of Taqleed: • Proofs from Ahadith: • Our present Imam, Muhammad al-Mahdi , peace be upon him, who said in a reply to Ishaq ibn Ya'qub: • وَ أَمَّا الْحَوَادِثُ الْوَاقِعَةُ فَارْجِعُوا فِيهَا إِلَى رُوَاةِ حَدِيثِنَا فَإِنَّهُمْ حُجَّتِي عَلَيْكُمْ وَ أَنَا حُجَّةُ اللَّهِ • "As far as newly occurring circumstances are concerned, you should turn (for guidance) to the narrators of our ahadith, for they are my proof over you just as I am Allah's proof.” (Bihar ul Anwar vol. 2 pg. 90 no. 14) • Our 11th Imam AS: • "...but if there is anyone among the fuqaha' who is in control over his own self, protects his religion, suppresses his evil desires and is obedient to the commands of his Master, then the people should follow him. (Shaykh at-Tabarsi, al-Ihtijaj, vo. 2, Najaf 1966, p. 263.)

12. Ahkam – Islamic Laws • The Ahkam: • The actions of a non-Mujtahid who does not do Taqleed or Ihtiyat are Baatil (not-accepted) • Except if those actions are in line with the rulings of the Marja’ he/she should be doing Taqleed of A’lam (most learned) • Who is considered A’lam(most learned?) • The one is the most capable of deriving the Laws from their sources

13. Ahkam – Islamic Laws • The Ahkam: • How to ascertain who is the most learned?: • First: A person attains certainty himself that a particular person is a Mujtahid • Second: When two persons, who are learned and just and possess the capacity to identify a Mujtahid or the A'alam, confirm that a person is a Mujtahid or an A'lam, provided that two other learned and just persons do not contradict them. • In fact, being a Mujtahid or an A'lam can also be established by a one person from the Ahlul Khibra who is trusted by the person • Third: A person derives satisfaction by rational means as to someone being a mujtahid or the most learned

14. Ahkam – Islamic Laws • The Ahkam: • Who are the AhlulKhibra? • The Mujtahideen and those close to them in learning, who are conversant albeit generally with the level of those considered to be the most learned • What if there is a difference on opinion amongst the AhlulKhibra? • The statement of those among them who are the most expert is to be accepted

15. Ahkam – Islamic Laws • The Ahkam: • What if there are more than one Mujtahid who is the most learned? (2 possibilities) • First: One does not know of any difference between them in the rulings one faces on a day to day basis • In this scenario,he/she is allowed to follow either one of them • Second: One is aware (Non-specific knowledge (‘ilm ’ijmali))of a difference between them in the rulings one faces on a day to day basis • One: It becomes satisfyingly apparent that one is more learned than the other, he/she should follow the more learned • Two: It becomes satisfyingly apparent that both are the most learned, then he/she should follow the one who is the most precise and precautious in the rulings. • If they are both equally precautions and precise, then he/she can follow whomever they want.

16. Ahkam – Islamic Laws • The Ahkam: • How to obtain the verdicts of a Mujtahid: • When a person hears from the Mujtahid himself. • When the verdict of the Mujtahid is quoted by two just persons. • When a person hears the verdict from a person whose statement satisfies him. • By reading the Mujtahid's book of Masae'l, provided that, one is satisfied about the correctness of the book.

17. Ahkam – Islamic Laws • The Ahkam: • What characteristics should the Mujtahid who is followed (Marja’) possess: • Buloogh (Adult) • Aql (Sane) • Legitimate Birth • Imaan (Shi'ah Ithna Ash'ari) • Male • Ijtihaad • Adalaat (Just) • Alive

18. Ahkam – Islamic Laws • The Ahkam: • Taqleed of a dead Mujtahid is of two kinds: • Begin: To do taqleed of a dead Mujtahid without having done his taqleed while he was alive • This type of Taqleed is not allowed • Remain: To do taqleed of a Mujtahid while he was alive and remain on his taqleed after his death • It is permissible to remain on the Taqleed of a Mujtahid who is dead provided the person does not know of any differences in the day to day issues he faces between the mujtahideen. • If there is a difference: • If the Mujtahid who is dead is more learned, then it is wajib to remain on his taqleed • If the Mujtahid who is alive is more learned, than it is wajib to do his taqleed. • If It becomes satisfyingly apparent that both are the most learned, then he/she should follow the one who is the most precise and precautious in the rulings.

19. Ahkam – Islamic Laws • The Ahkam: • If an A'lam Mujtahid gives a fatwa on some matter, his follower cannot act in that matter on the fatwa of another Mujtahid. • But if he does not give a fatwa, and expresses a precaution (Ihtiyat) • The follower may either act on this precaution, or he may act on the fatwa of another Mujtahid who it is permissible to follow

20. Ahkam – Islamic Laws