Methodology of Understanding & Inference Seeking the Truth

Methodology of Understanding & InferenceSeeking the Truth

Contents Contents Introduction to Manhaj al-Fahmwal-Istidlal (Methodology of Understanding & Inference) The knowledge map Two main types of knowledge branches Contents Way to contents The sources The understanding The implementation

1.0 Introduction to Manhaj al-Fahm wal-Istidlal (Methodology of Understanding & Inference) 1.1 Contextualising this Course 1.2 A Uniform System of Understanding & Inference 1.3 Process for the correct practice of Islam 1.4 Process Relationship 1.5 Four Principles & Processes Listing

Introduction 1.1 Contextualising this Course (p. 9) Where do we locate the position of this subject matter in terms of the various branches of knowledge? The Knowledge Map answers this question…

The knowledge map The Knowledge Map The Knowledge map show us the structure of Islamic Knowledge. It will also help us answer the following questions: What do I need to study in Islam? How do I prioritise? What are the branches of Islamic knowledge? How are various branches of Islamic Knowledge interconnected? Is there a need for the Knowledge Map?

Knowledge Map

The knowledge map The Knowledge Map Which is more important: Way to knowledge or Rulings?

The Way to rulings The Knowledge Map The way to Understanding & Inference

Introduction 1.2 A Uniform System of Understanding & Inference (p. 11) How do we form conclusions, rulings, and convictions on any matter? What are main steps to studying a matter in an attempt to reach a conclusion on it? Can these steps be applied to studying any matter with the aim of reaching a conclusion on Islamic matters?

Introduction 1.3Process for the correct practice of Islam (p. 12)

Introduction 1.3 Process Relationship (p. 13)

Introduction 1.4 Process Relationship (p. 14)

First Step get the correct sources of Islam

First Step get the correct sources of Islam
What are the sources of Islam

Sources of al-Islam Quran Sunnah Qiyas Ijma

THE QURAN

The Quran What you will study: Definition of the Quran. Unique characteristics of the Quran. Exceptional methods of the Quran. Merits of studying the Quran. Our duty towards the Quran.

It is the Speech of Allah sent down upon his Messenger (sallallahualaihiwasallam) So here we are not talking about the Torah, Injeel or the Zabur Its wording and meaning are both from Allah As opposed to the Sunnah All of the sources of istidlal return back to the Quran We know the Sunnah is Wahy because of the Quran Ijma and Qiyas cannot occur without some kind of evidence from the Quran and the Sunnah Order of preference given to sources The Quran must come first since it is the words of Allah and all the other evidences return to it. However, both Quran and Sunnah are of the same level of legislative authority. DEFINITION OF QURAN

The Quran is in Arabic: كِتَابٌ فُصِّلَتْ آَيَاتُهُ قُرْآَنًا عَرَبِيًّا لِقَوْمٍ يَعْلَمُونَ A book whereof the verses are explained in detail; A Quran in Arabic for people who know. (Fussilat 41:3) Are there non Arabic words in the Quran? No, the whole Quran is Arabic. ۬ And truly, this (Quran) is a revelation from the Lord of the Alamin (all that exists) which the trustworthy Ruh (Jibril) has brought down; upon your heart (O Muhammad SAW) that you may be (one) of the warners in the plain Arabic language. (Ash-Shu’ara 26:192-195) However, some have argued that there are clearly some words in the Quran that are not Arabic. This view has been answered in two ways: These words are actually Arabic words but some are ignorant about this. The word is used in both languages. They have become arabized in their usage. The words Ibrahim, Yusuf and Istabraq are some examples of words that are not originally Arabic. DEFINITION OF QURAN

1. It has reached us through Mutawatir chains This means that the shadhqira'at are not considered Qur'an. For example the recitation of IbnMasud (FaSiyaamuThalathatiayyaamin – mutataabi'aat --). This would be given the level of a Hadith and be considered a tafsir. 2. It is protected from any additions or changes. إِنَّا نَحْنُ نَزَّلْنَا الذِّكْرَ وَإِنَّا لَهُ لَحَافِظُونَ Verily We: It is We Who have sent down the Dhikr (i.e. the Quran) and surely, We will guard it (from corruption). (Al-Hijr 15:9) لَا يَأْتِيهِ الْبَاطِلُ مِنْ بَيْنِ يَدَيْهِ وَلَا مِنْ خَلْفِهِ تَنْزِيلٌ مِنْ حَكِيمٍ حَمِيدٍ Falsehood cannot come to it from before it or behind it (it is) sent down by the All-Wise, Worthy of all praise (Allah). (Fussilat 41:42) UNIQUE CHARACTERISTICS OF THE QURAN

3. It is a miracle قُلْ لَئِنِ اجْتَمَعَتِ الْإِنْسُ وَالْجِنُّ عَلَى أَنْ يَأْتُوا بِمِثْلِ هَذَا الْقُرْآَنِ لَا يَأْتُونَ بِمِثْلِهِ وَلَوْ كَانَ بَعْضُهُمْ لِبَعْضٍ ظَهِيرًا Say: "If the mankind and the jinns were together to produce the like of this Quran, they could not produce the like thereof, even if they helped one another." (Al-Isra 17:88) اللَّهُ نَزَّلَ أَحْسَنَ الْحَدِيثِ كِتَابًا مُتَشَابِهًا مَثَانِيَ تَقْشَعِرُّ مِنْهُ جُلُودُ الَّذِينَ يَخْشَوْنَ رَبَّهُمْ ثُمَّ تَلِينُ جُلُودُهُمْ وَقُلُوبُهُمْ إِلَى ذِكْرِ اللَّهِ ذَلِكَ هُدَى اللَّهِ يَهْدِي بِهِ مَنْ يَشَاءُ وَمَنْ يُضْلِلِ اللَّهُ فَمَا لَهُ مِنْ هَادٍ Allah has sent down the best statement, a Book (this Quran), its parts resembling each other in goodness and truth, oft-repeated. The skins of those who fear their Lord shiver from it (when they recite it or hear it). Then their skin and their heart soften to the remembrance of Allah. That is the guidance of Allah. He Guides therewith whom He pleases and whomever Allah sends astray, for him there is no guide. (Az-Zumar 39:23) UNIQUE CHARACTERISTICS OF THE QURAN

MERITS OF STUDYING THE QURAN 1. Studying it is a great act of worship 2. Quran comprises of detailed information which cannot be found in other sources such as the story of Zaynab. Example 1 – Story of Zaynab And (remember) when you said to him (Zaid bin Hârithah the freed slave of the Prophet SAW) on whom Allah has bestowed Grace (by guiding him to Islam) and you (O Muhammad SAW too) have done favour (by manumitting him) "Keep your wife to yourself, and fear Allah." But you did hide in yourself (i.e. what Allah has already made known to you that He will give her to you in marriage) that which Allah will make manifest, you did fear the people (i.e., Muhammad SAW married the divorced wife of his manumitted slave) whereas Allah had a better right that you should fear Him. So when Zaid had accomplished his desire from her (i.e. divorced her), We gave her to you in marriage, so that (in future) there may be no difficulty to the believers in respect of (the marriage of) the wives of their adopted sons when the latter have no desire to keep them (i.e. they have divorced them). And Allah’s Command must be fulfilled. There is no blame on the Prophet (SAW) in that which Allah has made legal for him. That has been Allah’s Way with those who have passed away of (the Prophets of) old. And the Command of Allah is a decree determined. (Al-Ahzab 33:37-38) Example 1 – Story of Zaynab وَإِذْ تَقُولُ لِلَّذِي أَنْعَمَ اللَّهُ عَلَيْهِ وَأَنْعَمْتَ عَلَيْهِ أَمْسِكْ عَلَيْكَ زَوْجَكَ وَاتَّقِ اللَّهَ وَتُخْفِي فِي نَفْسِكَ مَا اللَّهُ مُبْدِيهِ وَتَخْشَى النَّاسَ وَاللَّهُ أَحَقُّ أَن تَخْشَاهُ فَلَمَّا قَضَى زَيْدٌ مِّنْهَا وَطَرًا زَوَّجْنَاكَهَا لِكَيْ لَا يَكُونَ عَلَى الْمُؤْمِنِينَ حَرَجٌ فِي أَزْوَاجِ أَدْعِيَائِهِمْ إِذَا قَضَوْا مِنْهُنَّ وَطَرًا وَكَانَ أَمْرُ اللَّهِ مَفْعُولًامَّا كَانَ عَلَى النَّبِيِّ مِنْ حَرَجٍ فِيمَا فَرَضَ اللَّهُ لَهُ سُنَّةَ اللَّهِ فِي الَّذِينَ خَلَوْا مِن قَبْلُ وَكَانَ أَمْرُ اللَّهِ قَدَرًا مَّقْدُورًا

MERITS OF STUDYING THE QURAN This is a very precise description of the events and personalities presented as if the reader is living through the incident. It focuses on the special qualities of the Prophet’s life such as his human nature, his universal message and that he is the seal of the Prophets. 3. Events are linked with the life of the Prophet, with Iman, Aqida and Qadar. Read for example SuraAbasa. 4. It explains the wisdom and the consequences of events and the wisdom of Allah’s decree. 5. Studying the life of the Prophet from the Quran transforms events from a particular time and place into a great and complete lesson which is not limited by the specific circumstances. 6. One who studies the life of the Prophet from the Quran and authentic Sunnah will not treat it simply as past events. Instead it is something with which his faith grows and it increases his awareness of the divine laws.

MERITS OF STUDYING THE QURAN Read for example SuraAaliImran and how it discusses the battle of Uhud هَـذَا بَيَانٌ لِّلنَّاسِ وَهُدًى وَمَوْعِظَةٌ لِّلْمُتَّقِينَوَلاَ تَهِنُوا وَلاَ تَحْزَنُوا وَأَنتُمُ الأَعْلَوْنَ إِن كُنتُم مُّؤْمِنِينَإِن يَمْسَسْكُمْ قَرْحٌ فَقَدْ مَسَّ الْقَوْمَ قَرْحٌ مِّثْلُهُ وَتِلْكَ الأيَّامُ نُدَاوِلُهَا بَيْنَ النَّاسِ وَلِيَعْلَمَ اللّهُ الَّذِينَ آمَنُواْ وَيَتَّخِذَ مِنكُمْ شُهَدَاء وَاللّهُ لاَ يُحِبُّ الظَّالِمِينَ This (the Quran) is a plain statement for mankind, a guidance and instruction to those who are Al-Muttaqûn. So do not become weak (against your enemy), nor be sad, and you will be superior (in victory) if you are indeed (true) believers. If a wound (and killing) has touched you, be sure a similar wound (and killing) has touched the others. And so are the days (good and not so good), We give to men by turns, that Allah may test those who believe, and that He may take martyrs from among you. And Allah likes not the Zâlimûn (polytheists and wrongdoers). (AaliImran 3:138-140)

WHAT IS OUR DUTY TOWARDS THE QURAN? Our duty towards the Quran

THE sunnah

THE SUNNAH WHAT YOU WILL STUDY What you will study: Definition of the Sunnah Authority of the Sunnah Types of Sunnah Transmission of Hadith

DEFINITION OF THE SUNNAH The Linguistic definition: Path or Way: “Whoever introduces a good practice… And whoever introduces an evil practice…” Refine/Beautify Declaration/Elucidation

DEFINITIONS GIVEN BY SCHOLARS OF DIFFERENT DISCIPLINES 1. Fuqaha: The Fuqaha are concerned with ahkam (rulings). They classify ahkam into five categories: AhkamTakleefiyyah The definition of Mandub or Sunnah ‘What the Sharia has requested but without making it binding’ According to majority Sunnah in synonymous to Mandub, Mustahabb, Nafl, Tatawuw

DEFINITIONS GIVEN BY SCHOLARS OF DIFFERENT DISCIPLINES 2. Muhaddithun Their definition is “Everything that has been narrated or reported about the Prophet” 3. Usuliyoon To determine what and what is not an authority in Islamic Law. “Whatever comes from the Prophet other than the Qur’an in speech, actions and tacit approvals.” 4. Specialists in Aqida Ahmed ibnHanbal d.241: As-Sunnah Ahmed ibn M. Khallaal d.311: As-Sunnah Abu Bakribn al Athram d.273: As-Sunnah Marwazi d.292: : As-Sunnah al Barbahari d.329: Sharh as-Sunnah

DEFINITIONS GIVEN BY SCHOLARS OF DIFFERENT DISCIPLINES Conclusion to Definitions Fuqaha’: irrelevant to our discussion. Muhaddithun: Too broad in its definition. Usuliyoon: Accurate Scholar of Aqida: Too restricted

The relationship between the Quran and Sunnah The Sunnah reiterates or emphasises what is the Quran for example the obligation of Salah. The Sunnah which explains or clarifies what is in the Quran for example the details of Salah, Zakah etc. The Sunnah which introduces a law not in the Quran. For example inheritance of the grandmother, prohibition of marrying a woman with her maternal or paternal aunt at the same time.

The position of the Sunnahwith respect to the Quran With respect to the source they are both at the same level because they are both revealed by Allah. With respect to the legal authority they are both the same. Since the Quran establishes the authority of the Sunnah in this respect it is a primary source. With respect to clarification, the Sunnah explains and clarifies the Quran. In terms of sacredness, the Quran is of a higher level. In this context the scholars said that Sunnah takes precedence over the Quran. Imam Ahmad disliked saying ‘the Sunnah takes precedence over the Quran’. He said ‘I cannot say the Sunnah takes precedence over the Quran. The Sunnah explains and clarifies the Quran.’ The Quran and Sunnah are complementary they cannot be separated. Some of the Salaf said, ‘It is the Quran and Sunnah, the Quran is more in need of the Sunnah than the Sunnah is in need of the Quran’.

PROOFS THAT ESTABLISH THE AUTHORITY OF THE SUNNAH The authority of the Sunnah is established by:

PROOFS THAT ESTABLISH THE AUTHORITY OF THE SUNNAH 1. The Quran Ibn Taymiyyah: Over 40 verses that establish the authority of the Sunnah. The command to follow the Messenger. Say (O Muhammad), ‘Obey Allah and the Messenger’. But if they turn away, then Allah does not like the disbelievers. (Aal ‘Imran 3:32) Warning against contradicting the command of the Messenger. And let those who oppose the Messenger's commandment (i.e. his Sunnah legal ways, orders, acts of worship, statements, etc.) beware, lest some Fitnah (disbelief, trials, afflictions, earthquakes, killing, overpowered by a tyrant, etc.) befall them or a painful torment be inflicted on them. (An-Nur 24:63)

PROOFS THAT ESTABLISH THE AUTHORITY OF THE SUNNAH No option for the believers but to follow the Messenger. It is not for a believer, man or woman, when Allah and His Messenger have decreed a matter that they should have any option in their decision. And whoever disobeys Allah and His Messenger, he has indeed strayed in a plain error. (Al-Ahzab 33:36) Command to refer to the Messenger to resolve disputes and this being a requirement of Iman. And if you differ in anything amongst yourselves, refer it to Allah and His Messenger, if you believe in Allah and in the Last Day. That is better and more suitable for final determination. (An-Nisa 4:59)

PROOFS THAT ESTABLISH THE AUTHORITY OF THE SUNNAH 2) The Prophet’s own statements concerning the importance of the Sunnah عن أبي رافع مرفوعا إلى النبي صلى الله عليه وسلم: لا ألفين أحدكم متكئا على أريكته يأتيه الأمر من أمري مما أمرت به أو نهيت عنه فيقول : لا أدري ما وجدنا في كتاب الله اتبعناه “I had better not find anyone of you reclining on his bed and there comes to him one of my commandments or one of my prohibitions and he says about it, ‘I do not know, what we find in the book of Allah do we follow” (Ahmad, Abu Dawud, At-Tirmidhi) عن المقدام بن معد يكرب، يرفعه إلى النبي صلى الله عليه وسلم: (ألا إني أوتيت الكتاب و مثله...) “Verily, I have been given the book and that which is similar to it...” (Ahmad, Abu Dawud) عن المقدام بن معد يكرب يرفعه إلى النبي صلى الله عليه وسلم: ألا هل عسى رجل يبلغه الحديث عني و هو متكئ على أريكته فيقول : بيننا و بينكم كتاب الله فما وجدنا فيه حلالا استحللناه و ما وجدنا فيه حراما حرمناه و إن ما حرم رسول الله كما حرم الله “Soon it will be that a man will recline on his couch and will be told a hadith of mine and will say, ‘between us and you is the Book of Allah. What we find allowed therein, we allow. What we find prohibited therein, we prohibit.’ But truly, what the Messenger of Allah has forbidden is similar to what Allah has forbidden.” (At-Tirmidhi)

PROOFS THAT ESTABLISH THE AUTHORITY OF THE SUNNAH كَانَ جِبْرِيلُ يَنْزِلُ عَلَى النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بِالسُّنَّةِ كَمَا يَنْزِلُ عَلَيْهِ بِالْقُرْآنِ Hasan ibnAtiyyah: “Jibreel would reveal the Sunnah to the Messenger of Allah like he would reveal the Qur’an to him.” عن أبي هريرة يرفعه إلى النبي صلى الله عليه وسلم:تركت فيكم شيئين لن تضلوا بعدهما : كتاب الله و سنتي و لن يتفرقا حتى يردا علي الحوض “I have left you two things you will never go astray after them; the Book of Allah and mu Sunnah.” (Al-Hakim) Significance of this Hadith: It was said in the farewell pilgrimage.

PROOFS THAT ESTABLISH THE AUTHORITY OF THE SUNNAH 3. Ijma’ There is Ijma’ amongst Muslims on the obligation to obey the messenger and the necessity of his Sunnah. IbnTaymiyyah said ‘The Muslims are unanimously agreed that if the Sunnah is established it is obligatory to follow it’.

Authority of the Prophets actions The evidence is the general evidence for the authority of the Sunnah. There is further evidence to show the obligation to follow the Prophet in his actions. Indeed in the Messenger of Allah you have a good example to follow for him who hopes in (the Meeting with) Allah and the Last Day and remembers Allah much. (Al-Ahzab 33:21) IbnKathir said ‘This ayah is a major principle for following Allah’s Messenger in his words actions and all situations’. So believe in Allah and His Messenger, the Prophet who can neither read nor write (i.e. Muhammad) who believes in Allah and His Words, and follow him so that you may be guided. (Al-A'raf 7:158) IbnTaymiyyah said ‘Following means to do what he did in the way he did it. If he did an action as an act of worship it is legislated for us to follow him. If he specified a time or place for worship we specify it also’.

TYPES OF SUNNAH 1. Words This refers to the words of the Messenger which he spoke on different occasions. The words of the Prophet are a source of law when they were intended to clarify or to introduce new laws. 2. Actions These are actions done by the Messenger. This can be divided as follows: Natural and habitual acts such as standing, eating, drinking etc. This kind of action is mubah. However, if one was to follow the Prophet in this it is acceptable as Ibn Umar used to do. Actions that are proven by evidence to be specifically for the Prophet such as having more than four wives. It is forbidden to follow him in this. Actions, which clarify the Quran such as concerning Salah Hajj etc. or intended for legislation. The ruling depends on the matter being clarified if it is wajib then the ruling is wajib. Actions, which are not clear whether, they were done as worship or habit such as lying down after the Sunnah of Fajr. Some scholars say this kind of action is to be taken as mandub. Others say it is obligatory. A third group of scholars did not take a view.

TYPES OF SUNNAH 3. Tacit Approvals This occurs when the Prophet remains silent on something said or done in his presence or absence but which he is informed of. His silence shows its permissibility because he would not remain silent about falsehood or evil. The reason for this is that it is not permissible for the Prophet to delay clarifying a matter when it is needed. His remaining silent would mean consent and approval of that action as he would not remain silent on something wrong. An example is the Prophet approving the recitation of poetry.

TRANSMISSION OF HADITH Mutawatir A Mutawatirhadith is one that is reported by a large number of narrators for whom it is normally impossible to agree on lying. They narrate from a similar group of people until the Prophet. The source of their report relies on either hearing or witnessing. Types of Mutawatir 1. Mutawtir in words, the hadith is reported with the same meaning and words. ‘Whoever lies against me deliberately let him take his place in the fire’ 2. Mutawatir in meaning where the meaning is the same but the words differ. Hadith of intercession, the pool, the path, the scale, wiping over the leather socks. 2. Ahad Aahaadhadith is one that does not reach level of Mutawatir. There is consesnus amongst the scholars on the obligation to accept Aahaadaahaadith. Al-Baghdadi said ‘The tabieen and the Fuqaha after them in all places until our time accept khabraaahaad. It has not reached us that any of them rejected that or objected to it. Therefore it is established… for if there was anyone who did not accept it, his details and his view would have been reported to us…’

The evidence for accepting aahaadhadith وَمَا كَانَ الْمُؤْمِنُونَ لِيَنْفِرُوا كَافَّةً فَلَوْلَا نَفَرَ مِنْ كُلِّ فِرْقَةٍ مِنْهُمْ طَائِفَةٌ لِيَتَفَقَّهُوا فِي الدِّينِ وَلِيُنْذِرُوا قَوْمَهُمْ إِذَا رَجَعُوا إِلَيْهِمْ لَعَلَّهُمْ يَحْذَرُونَ And it is not (proper) for the believers to go out to fight (Jihâd) all together. Of every troop of them, a party only should go forth, that they (who are left behind) may get instructions in (Islamic) religion, and that they may warn their people when they return to them, so that they may beware (of evil). (At-Tawbah 9:122) Linguistically At-ta’ifah can be used for one. If ahad report was not a proof there is no benefit in the warning of the one who learns the deen. It is narrated through mutawatir chains that Allah’s messenger sent individual messengers, judges and workers to teach the laws, collect Zakah and for dawah. He sent Musab Ibn Umair to Al-Madinah and Ali and Muadh to Yemen Ijma’ of the Sahabah in accepting Aahaad The sahbah accepted the report of one person about the changing of the Qiblah. Abu Bakr accepted the report of Al-Mughirah and Muhammad Ibn Maslamah that the Prophet gave the grandmother a sixth of the inheritance. Umar accepted the report of AbdurRahman Ibn Awf that The Prophet said about Magus ‘treat them like the people of the book’. The sahabah accepted the hadith of Aisha ‘ghusl is necessary if the two circumcised parts come into contact’. By consensus the common person is required to follow the mufti although he may give a speculative ruling. We are ordered to judge by the witnesses of two people although it’s possible that their testimony could be a lie. Aaahaadaahaadith are proof in beliefs and laws without any distinction. This is a mater of Ijma’ amongst the salaf. The evidence to accept aaahaad in beliefs is the same evidence to accept them in laws. They are general and did not differentiate between beliefs and laws. The distinction of khabaraahaad in beliefs and practice is a deviation, which is known from the leaders of deviation.

Al-Ijma’

WHAT YOU WILL STUDY What you will study: Definition of Ijma’ Authority of Ijma’ Types of Ijma’ Importance of Ijma’

DEFINITION OF THE IJMA’ Linguistic definition of ijma Resolution, decision upon a matter – العزم Agreement, consensus - الاتفاق Technical definition The agreement of the Scholars of a period, from the ummah (nation) of Muhammad (SAW), upon a religious issue, after the death of the Prophet (SAW). اتفاق مجتهدي هذه اﻷمة بعد النبي على حكم شرعي “The agreement of the Mujtahideen of this Ummah after the time of the Prophet (sallallahualaihiwasallam) upon a Shar'ee ruling”.

DEFINITION OF THE IJMA’ Explanation of Definition Agreement i.e. they must all have the same view The view of the majority is not counted as ijma`, this is because the texts show that it is the whole that cannot make an error, not the greater part. Some scholars such as Tabari were of the view that an opposing view voiced by 1 or 2 is not enough to break an ijma`, this is something that Imam Ahmad also suggested. This is not the view of the majority. The agreement of one area or one nation is not a proof. Therefore the ijma` of the people of madinah in itself is not a proof. The agreement of the 4 Khalifahs is not an ijma` nor the 4 Imams. If a generation, e.g. the Companions, fall into two opinions concerning a particular issue, is this an ijma` that there is no third opinion? The majority said yes.

DEFINITION OF THE IJMA’ 2. Scholars This excludes the general masses, children, and insane people. What is meant by scholars here is one who is an expert at the subject matter at hand and has the necessary tools. So the view of someone who is a scholar in language or usul but has not grasp of fiqh is viewed as one of the masses when it comes to considering his view on a fiqhi issue. Females and slaves who are scholars are also considered towards any consensus

DEFINITION OF THE IJMA’ Of a Period What is meant by period is the period in which the issue occurs requiring ijtihad. If a Successor reaches the rank of ijtihad during the generation of the Companions, is his view taken into account? The majority said yes. If the Companions have already agreed on an issue before that Successor reached the level of ijtihad, his view is not relevant as the ijma` has already been established. Does a period have to actually come to an end before we can determine that an ijma` has actually taken place? i. The ostensive sense of the view of Ahmad is yes, although other statements suggest otherwise. This was also the view of some Shafi`is. They said that a mujtahid who initially agreed to something could well change his mind later on. ii. However the correct view, the majority view, is that even if an ijma` is compacted for a minute, it is binding, this is because of the clear sense of the proofs. Ijma` is not restricted just to the period of the Companions

DEFINITION OF THE IJMA’ Ummah (Nation) of Muhammad (Sallalaahualayhewasallam) So the view of a disbeliever is discounted. ijma` of previous nations is discounted. Scholars differ concerning the view of someone who is a fasiq in deed or belief i. If his fisq or innovation takes him outside the fold of Islam, his view is not considered ii. If not, the majority still maintain his view is not considered. Many said it is because ijma` is based on is the person’s ability to make ijtihad on the issue at hand. After the death of the Prophet (Sallalaahualayhewasallam) During his lifetime agreement is viewed as Sunnah, not ijma`. During his lifetime the views of others are not given legal weight.

THE AUTHORITY OF IJMA` Quran وَمَنْ يُشَاقِقِ الرَّسُولَ مِنْ بَعْدِ مَا تَبَيَّنَ لَهُ الْهُدَى وَيَتَّبِعْ غَيْرَ سَبِيلِ الْمُؤْمِنِينَ نُوَلِّهِ مَا تَوَلَّى وَنُصْلِهِ جَهَنَّمَ وَسَاءَتْ مَصِيرًا And whoever contradicts and opposes the Messenger (Muhammad SAW) after the right path has been shown clearly to him, and follows other than the believers' way. We shall keep him in the path he has chosen, and burn him in Hell - what an evil destination. (al-Nisa 4:115) The path of the believers is that path which all of them traverse together.

THE AUTHORITY OF IJMA` 2. Sunnah عن ابن عمر يرفعه :إن الله تعالى لا يجمع أمتي على ضلال “Allah will not gather together my Ummah upon misguidance” (Tirmidhi) عن عمر يرفعه: عليكم بالجماعة و إياكم و الفرقة فإن الشيطان مع الواحد و هو مع الاثنين أبعد من أراد بحبوحة الجنة فليلزم الجماعة “ِ...Adhere to the Jama`ah and you are forbidden from sectarianism, for verily Shaytan is with the loner, and he is further away from a pair. Whosoever desires the uppermost part of Paradise then let him abide by the Jama`ah”- (Ahmad, Tirmidhi)

3. Rational proof The consensus of the Ummah is either on the truth or in error. If it is on the truth then it is a proof. If it is in error, how is it possible for the Ummah to be united in error; this is not acceptable to Allah; it is not possible. The consensus of the Mujtahidun must be based on a legal proof as Ijtihad is not based on whim. Therefore if they have agreed on a matter they must have clear cut evidence which lead them to it. However if the evidence was not definitive, then they could not have reached a consensus due to differences in reasoning and understanding. 4. It is one of the Khasa’is (distinctive features) of this Nation In the view of many scholars, they adduce the following hadith as proof: ‘We are the last, yet the foremost on the Day of Rising despite the fact that they were granted the Book before us. This is their day which was obligated upon them and they differed. Allah guided us to it and people follow after us: The Jews tomorrow, and the Christians the day after tomorrow.’ The point of inference is that the previous nations agreed to either Saturday or Sunday and both were wrong: their consensus did not protect them from deviation. THE AUTHORITY OF IJMA`

1. Definitive قطعي An ijma` that is related in wording of something that is seen or perceptible to the senses, or is related via mutawatir transmission. Whoever opposes this is a kafir. 2. Speculative ظني Related via ahad transmission, or is silent, or based on observation of people doing an act. TYPES OF IJMA`

3. Silent الإجماع السكوتي Three general views Not a proof and not an Ijma` - This is held by Dawud al-Dhahiri and some Shafiìs. The reason: perhaps the statement did not reach some scholars, or some other reason prevented them from making a statement about it A Proof but not Ijma` - This is the view of some Shafiìs. The reason: silence is taken as consent, but not confirmed Speculative Ijma` - This is the opinion of Ahmad, most Shafiìs and Malikis. The reason: based on the assumption that silence is consent. This is conditional to the fact that we know that the silence was not one of disapproval. It is the third view which is strongest. TYPES OF IJMA`

What is Ijma’ founded on? There must be a source that it is based on since the scholars do not have the capacity to totally independently arrive at a ruling devoid of any basis. Can it be based on any source: text, ijtihad, qiyas? Importance of Ijma` Some scholars mention Ijma’ before Quran and Sunnah It is obligatory to follow the Ijma’ and forbidden to contradict it When there is Ijma’ on a matter there is no room for going against it Safeguard against destroying the Deen from within Ijam is also both a source and a tool WHAT IJMA` IS FOUNDED ON

AL-Qiyas

WHAT YOU WILL STUDY What you will study: Definition of Qiyas Authority of Qiyas Conditions of Qiyas Illah (the effective cause)

Definition of qiyas Linguistic definition Equality - لمساواة Estimation – التقدير Legal definition ‘Extension of a ruling from an original case to a new case due to the two sharing an illah (an effective reason/cause)’

COMPONENTS OF QIYAS

EXAMPLES OF QIYAS The Quran has prohibited khamr. According to some scholars khamr is only from grapes and nothing else. Therefore alcohol from dates and barley are not mentioned in the text. However the reason for the ruling in khamr is found in alcohol from dates which is intoxication and hence it takes the same ruling which is prohibition. An inheritor murdering the one he is inheriting from is denied the inheritance according to the hadith ‘The murderer does not inherit’. The reason being the murder is taken as a way of hastening the inheritance before its time. Similarly if a recipient of a bequest (wasiyah) was to murder the benefactor he would be denied the bequest. Proposing to a woman when another Muslim has proposed to her is not allowed until she declines the first proposal. The reason is because it is transgressing against another’s right and causing unnecessary harm as well as to prevent enmity and ill feeling. In the same way renting a property which another Muslim has agreed to rent is not allowed until he declines that right. The Qur’an (Al-Jummah 62:9) forbids buying and selling after the last call of Friday prayer until the end of the prayer.. By analogy the prohibition extends to all types of transactions since all are a diversion from prayer.

The Authority of Qiyas The majority of the scholars agree that Qiyas (analogical reasoning) is an acceptable source of law. Many go as far as categorising Qiyas as a universally accepted source of law, considering the objection to Qiyas as baseless. The Zhahiree’s (literalists) denied the legitimacy of Qiyas as a source of legal rulings. Other scholars went to extremes in applying Qiyas and in doing so ignored or rejected authentic aahaadith. This may have been the reason why the Zhahiriyyah were so vociferous in their denial of Qiyas,

Arguments against Qiyas: 1. The Zaharees main objection to the application of Qiyas to derive law can be summarised by the following: The texts of the Qur’an and Sunnah are sufficient for guidance for all perceivable events for which a ruling is required. We have neglected nothing in the Book (Al-An’aam 6:89) We have revealed the Book as an explanation for everything (Al-Nahl 16:89) This day I have perfected your religion for you, and completed My favour upon you. (Ma’idah 5:4) Thus from the above the revealed texts provide complete guidance for all events; to include Qiyas as an additional source would imply revealed texts do not provide complete guidance. Reply: The majority of scholars do not consider Qiyas as an additional independent source but rather the logical extension of the revealed texts. Qiyas is tantamount to speculation. Rai (speculative opinion) has been condemned by the sahabah. Moreover, Allah censures conjecture; Conjecture avails nothing against the truth (Al-Najm 53:28) Reply: In reply the scholars who affirmed Qiyas pointed out that although there was a condemnation of rai from the companions, this was in reference to the rai that went against the Quran and Sunnah. The same is said regarding ‘conjecture (zhun) in the verse in Surah Al-Najm.

PROOF OF QIYAS Qur’an Then take admonition, O you with eyes (to see). (Al-Hashr 59:2) ‘Should we consider the Muslims like criminals, How do you judge’ [Al-Qalam (68:35-36) ‘Shall We treat those who believe and do righteous good deeds, as Mufsidun (those who commit crimes) on earth? Or shall We treat the Muttaqun (pious), as the Fujjar (criminals, disbelievers, wicked, etc)? (Al-Saad 38:28) The essence of Qiyas is in the principle like for like. It is not in the nature of the Shariah to distinguish between similar entities in their rulings, neither does the Shariah aim to consider two different entities as similar in ruling. In other words the Sharia rulings are in complete harmony and consistent with each other.

PROOF OF QIYAS Ijma’ of the companions أَنَّ عُمَرَ بْنَ الْخَطَّابِ اسْتَشَارَ فِي الْخَمْرِ يَشْرَبُهَا الرَّجُلُ فَقَالَ لَهُ عَلِيُّ بْنُ أَبِي طَالِبٍ نَرَى أَنْ تَجْلِدَهُ ثَمَانِينَ فَإِنَّهُ إِذَا شَرِبَ سَكِرَ وَإِذَا سَكِرَ هَذَى وَإِذَا هَذَى افْتَرَى أَوْ كَمَا قَالَ فَجَلَدَ عُمَرُ فِي الْخَمْرِ ثَمَانِينَ) مالك في الموطأ Umar consulted the Sahabah on the punishment for drinking khamr. Ali ibn Abi Talib responded ‘I think that he should be lashed eighty times, because if he drinks he becomes drunk and when he is drunk he talks irrationally and when does so he slanders’. So Umar prescribed eight lashes for drinking khamr. (Al-Muwatta)

THE AUTHORITY OF QIYAS The Hadith of MuadhIbnJabal عن الحارث بن عمرو بن أخي المغيرة بن شعبة عن أناس من أهل حمص من أصحاب معاذ بن جبل ثم أن رسول الله صلى الله عليه وسلم لما أراد أن يبعث معاذا إلى اليمن قال:((كيف تقضي إذا عرض لك قضاء)) قال: أقضي بكتاب الله قال )):فإن لم تجد في كتاب الله)) قال فبسنة رسول الله صلى الله عليه وسلم قال :( (فإن لم تجد في سنة رسول الله صلى الله عليه وسلم ولا في كتابالله)) قال أجتهد رأيي ولا آلو فضرب رسول الله صلى الله عليه وسلم صدره وقال :((الحمد لله الذي وفق رسول رسول الله لما يرضي رسول الله)) رواه أبو داود Narrated MuadhibnJabal: Some companions of MuadhibnJabal said: When the Apostle of Allah (peace be upon him) intended to send MuadhibnJabal to the Yemen, he asked: How will you judge when the occasion of deciding a case arises?He replied: I shall judge in accordance with Allah's Book. He asked: (What will you do) if you do not find any guidance in Allah's Book? He replied: (I shall act) in accordance with the Sunnah of the Apostle of Allah (peace be upon him). He asked: (What will you do) if you do not find any guidance in the Sunnah of the Apostle of Allah (peace be upon him) and in Allah's Book? He replied: I shall do my best to form an opinion and I shall spare no effort. The Apostle of Allah (peace be upon him) then patted him on the breast and said: Praise be to Allah Who has helped the messenger of the Apostle of Allah to find something which pleases the Apostle of Allah. (Abu Dawud)

THE AUTHORITY OF QIYAS عَنْ أَبِي هُرَيْرَةَ أَنَّ رَجُلًا أَتَى النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ يَا رَسُولَ اللَّهِ وُلِدَ لِي غُلَامٌ أَسْوَدُ فَقَالَ هَلْ لَكَ مِنْ إِبِلٍ قَالَ نَعَمْ قَالَ مَا أَلْوَانُهَا قَالَ حُمْرٌ قَالَ هَلْ فِيهَا مِنْ أَوْرَقَ قَالَ نَعَمْ قَالَ فَأَنَّى ذَلِكَ قَالَ لَعَلَّهُ نَزَعَهُ عِرْقٌ قَالَ فَلَعَلَّ ابْنَكَ هَذَا نَزَعَهُ) متفق عليه Narrated Abu Huraira: A Bedouin came to Allah's Apostle and said, "My wife has delivered a black boy, and I suspect that he is not my child." Allah's Apostle said to him, "Have you got camels?" The Bedouin said, "Yes." The Prophet said, "What colour are they?" The Bedouin said, "They are red." The Prophet said, "Are any of them Grey?" He said, "There are Grey ones among them." The Prophet said, "Whence do you think this colour came to them?" The Bedouin said, "O Allah's Apostle! It resulted from hereditary disposition." The Prophet said, "And this (i.e., your child) has inherited his colour from his ancestors." (AL-Bukhari and Muslim) The Prophet said to the woman who asked whether she should perform hajj on behalf of her father upon whom Hajj was obligatory, but was unable to perform Hajj (due to old age and weakness). He replied: If your father had a debt and you paid it on his behalf – would it benefit him? She said: yes. He then said; Allah’s debt is more deserving to be paid back. (Al-Bukhari) He (saw) also said to Umar when asked about kissing one’s wife whilst fasting; what do you think about gargling? [Ahmed, Abu Dawood]

THE AUTHORITY OF QIYAS Rationale Proof The texts of the Quran and Sunnah are finite and limited in number, but the number of new incidents and possible scenarios are countless. New situations are constantly emerging which require legal rulings. By the correct application of Qiyas, taking into consideration its conditions and procedure, a solution can be found for any given situation.

Position of the Salaf The scholars from the salaf took a middle and balance approach to Qiyas. They neither denied it outright nor did they apply it to all situations. Rather they applied Qiyas when general conditions were fulfilled: There should be no direct text from the Qur’an or authentic Sunnah pertaining to the issue for which a ruling is sought. Qiyas is only referred to as a last resort. Imam As-Shafie’ said: We seek ruling through Ijma’ and then Qiyas, and it (Qiyas) is the weaker, only to be evoked in situations of necessity. Qiyas is not permissible in the presence of a text.’ [Al-Risalah: 599 – See also I’laam al Muwaqieen by Ibn Qayyam 1/32, 67] The person performing the Qiyas should be a scholar, satisfying the criterion of Ijtihaad. The Qiyas should itself be correct, fulfilling all the conditions (see below).

Position of the Salaf If the above guidelines are adhered to then Qiyas is considered correct and acceptable. Ibn Abdul Barr said: As for Qiyas (analogy) on a original case and passing judgement upon a matter by considering an issue similar to it, then this is the type of Qiyas about which none of the pious predecessors differed over (i.e. its legality). Moreover all those whom have been reported to have censored the use of analogy, have also expressed the legality of the correct use of Qiyas! Only an ignorant one rejects this, one who opposes the pious predecessors in rulings. [Jami biyaan al-ilmwafadlahu: 2/77] Furthermore, this is the mizaan (scale), which Allah revealed with his book. Allah is the one who revealed the Book with truth and the mizaan (scale). (Al-Shura: 17) ‘Certainly We sent Our messengers with clear signs and We sent with them Books and the scale (mizaan)’ (Al-Hadeed: 25) Ibn Taymeeyah said: The correct type of Qiyas is true, for verily Allah sent His messengers with justice and he revealed the scale (mizaan) with the book. The mizaan incorporates justice, and it is how justice is known. [Majmoo al-Fatawa 19:176]

CONDITIONS OF QIYAS 1. Conditions pertaining to the Original Case - the Asl The original case (asl) must contain the effective cause - ‘illah if no effective cause is present in the orginal case (asl), Qiyas in not legitimate. So the Asl must have an illa. The original case ruling is firmly established and not abrogated and supported by either a text from the Qur’an or authentic Sunnah. Qiyasmay also be founded on a rule that is established by ijma’ One Qiyas should not constitute the asl of another Qiyas. 2. Conditions pertaining to the hukm – ruling of the original case The ruling must be a shari ruling based on the Qur’an, sunnah or ijma’ The hukm must be operative, and not abrogated. The original ruling is on a matter we can understand the reason behind (معقول المعنى) and not ta’abuddi E.g. 10 sucklings of the baby The Hukm of the Asl should not be restricted to the ruling itself. E.g. The Prophet said the witness of Khuzaymah was equal to two witnesses. The Prophet had more than four wives

CONDITIONS OF QIYAS 3. Conditions pertaining to the new case (far’) There is no text from the Qur’an, Sunnah or ijma’ concerning the new case otherwise Qiyas is not permissible or necessary. The effective cause (‘illah) should be applicable in the new case in the same way as to the original case. The ruling in the new case is equal to that in the original case. 4. Conditions pertaining to the effective cause – ‘illah The ‘illah must be standardized (mundabit). It should be a constant attribute, which is applicable to all cases without being affected by differences of persons, time, place and circumstance. E.g. breaking the fast when travelling. The ‘illah is not to remove difficulty because this will differ from person to person. But the ‘illah is itself travelling, which will not change whether it is 1400 years ago or today. The ‘illah must be evident (zhahir). It should be definite and perceptible to the senses. Murder – how can one ascertain the intention of the killer? So the intention of the killer is not the ‘illah. So if someone was killed with a sword/gun, it can be assumed it was intended. And if one is killed by a punch or a rock, then it may not have been intended. The ‘illah must be a proper attribute (munasib) in that it bears a reasonable relationship to the ruling (hukm). E.g. wine intoxicates and not that it smells, is expensive or a particular colour etc. The ‘illah must be transient (muta’addi), that is, an objective quality that is transferable to others. For analogy cannot be constructed on an ‘illah which is confined to the original case only. E.g. wine (intoxicates) and drugs (intoxicates) Most of the scholars hold that if a ruling is proven (textually) to be based upon an ‘illah, then it may not fulfil the above conditions – so it may be restrictive and not transient for example. Some scholars are also of the opinion that if the ‘illah of a ruling has been established through deduction and personal reasoning (ijtihad), it is also acceptable even if the above conditions are not fully met. [See Al-Jami limasaailsool al-Fiqh by Dr. Namla] 5. That the Qiyas rulings are not matters of belief.

Identification of the ‘illah The effective cause maybe identified in a number of ways: It may be clearly stated in the nass (text) It maybe suggested by indications in the nass. It maybe determined by ijma’. If the nass does not clearly state the ‘illah, nor allude to it, then the only way to identify it is through ijtihad.

Second Step: get the correct understanding of the correct sources of Islam

Introduction 1.5 Four Principles & Processes Listing (p. 15) To Refer to Divine Scripture for all Matters To Refer to the Entirety of Divine Scripture To Understand Divine Scripture according to the Consensus of Scholars (explicit & implicit) To Understand Divine Scripture according to the Dictates of the Arabic Language

Introduction 1.5 Four Principles & Processes Listing (p. 16)

2.0 Principle 1: To Refer to Divine Scripture for All Matters 2.1 The Foundation of this Principle: Having Iman in Allah and His Guidance 2.2 The Shar’iah Explained Everything we Require 2.3 To Abstain from Discussing what has been Abstained from 2.4 Glorification of Divine Scripture 2.5 Benefits of this Principle

2.0 Principle 1: To Refer to Divine Scripture for All Matters 2.1 The Foundation of this Principle: Having Iman in Allah and His Guidance Guidance is comprehensive covering all of a human’s needs and wants The first recourse to turn and look to see what his or her Lord and Deity has to say and what guidance is contained in His Book and via His Messenger’s Sunnah. This first principle, to refer to divine scripture in all matters, is result of having this imān in this comprehensive guidance.

2.0 Principle 1: To Refer to Divine Scripture for All Matters And I (Allah) created not the jinn and humans except they should Worship Me (Alone). ‘Ibādah is a comprehensive meaning and reality. And they were commanded not, but that they should Worship Allah, and Worship none but Him alone (abstaining from ascribing partners to him), and perform Ṣalāh (Iqâmat-as-Salât) and give Zakât: and that is the Right religion. And He is Allah; Lā ilāha illa Huwa (none has the Right to be worshipped but He). his is All praise, In the first (i.e. In This world) and In the Last (i.e.in the Hereafter). and for Him is the decision, and to Him shall You (all) be returned. Other Ayat...

2.0 Principle 1: To Refer to Divine Scripture for All Matters Referring back to Him is linked to the matter of having imān in Him: if you have imān in Allah you will refer to Him in your affairs: O You who believe! obey Allah and obey the Messenger (Muhammad), and those of You (Muslims) who are In authority. (and) if You differ In anything amongst yourselves, refer it to Allah and his Messenger, if You believe In Allah and In the Last Day. That is better and more suitable for final determination. (al-Nisā’, 4:59) But no, by your Lord, they can have no Faith, until they make you (O Muḥammad pbuh) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission. (al-Nisā’ (4) :65)

2.0 Principle 1: To Refer to Divine Scripture for All Matters The observation of the following three matters is evidence of this principle being adhered to: To believe that the Sharī’ah has explained and expounded upon everything required to attain success. To abstain from discussing what Allāh and His Messenger have abstained from. To glorify the Divine Scripture

2.2 To believe that the Sharī’ah has explained and expounded upon everything required to understand the religion (p. 22) The Uṣūl al-Din (foundations of the Religion) have been mentioned in the Book and the Sunnah, with their evidences and the means to achieve them. This important rule implies three matters, all of which is proven by the Qur’ān, Sunnah and reason: The Sharī’ah is comprehensive and covers all that is required by mankind in all aspects of the dīn including ‘ibādāt or mu’āmalāt. The Qur’ān is the way to truth and success. The Din is complete and perfect.

3.0 Principle 2: To Refer to the Entirety of Divine Scripture - I 3.1 A Consequence of having Iman in Scripture 3.2 Proofs for this Major Principle 3.3 Examples of Failure to Observe this Principle 3.4 How to Refer to the Mutashabih 3.5 Rejecting Divine Scripture

Principle 2: To Refer to the Entirety of Divine Scripture - I3.1 A Consequence of having Iman in Scripture(p. 43) All of the Scripture is relevant and obligatory to be adhered to by the mu’min 1. Islam is submission to Allāh. 2. Only fulfilled once the person believes in what Allāh revealed whether it is through His words (Qur’ān) or His instructions (Sunnah). 3. Necessary to have belief in all the text of the Qur’ān and Sunnah whether we understand the meanings or not. It is also necessary to believe in all that the Ummah and its scholars have agreed upon. 4. The Mu’minūn believe Allāh sent the Messengers and revealed the Qur’ān. Whatever the messenger brought was with the knowledge of Allāh. The messengers command is the command of Allāh.

Principle 2: To Refer to the Entirety of Divine Scripture - I3.1 A Consequence of having Iman in Scripture(p. 44) 3.1.1 General Belief 3.1.2 Detailed Belief This Major Principle instructs someone to gather all related evidences on a given issue before concluding an understanding or ruling

Principle 2: To Refer to the Entirety of Divine Scripture - I3.2 Proofs for this Major Principle (p. 45) • This is a fundamental principle for attaining correct understanding of scripture. All the texts come from one source and as such there can be no contradiction between them. Verily, those who disbelieved in the Reminder (i.e. the Qur’ān) when it came to them (shall receive the punishment). And verily, it is an honourable respected Book (because it is Allāh's Speech, and He has protected it from corruption, etc.). (Fuṣṣilat (41):41) Falsehood cannot come to it from before it or behind it (it is) sent down by the All-Wise, Worthy of all praise (Allāh). (Fuṣṣilat (41):42)

Principle 2: To Refer to the Entirety of Divine Scripture - I3.2 Proofs for this Major Principle (pp. 45-46) • It is impermissible to take one text and ignore another on the same issue which would mean dividing the texts. Then do you believe in a part of the Scripture and reject the rest? Then what is the recompense of those who do so among you, except disgrace in the life of this world, and on the Day of Resurrection they shall be consigned to the most grievous torment. And Allāh is not unaware of what you do. (Al-Baqarah (2):85)

Principle 2: To Refer to the Entirety of Divine Scripture - I3.2 Proofs for this Major Principle (p. 46) ‘If you do not gather all the narrations of a ḥadīth you will not understand it. The ḥadīth explains itself’. Imām Ahmad ‘If an ‘ālim distinguishes between what the Prophet said and what he did not say he needs to understand what the Prophet meant…he should collect all the ḥadīth and include like parts together. He gathers what Allāh and his messenger gathered and separates what Allāh and his Messenger separated. This is the knowledge that benefits the Muslims and which should be accepted. And with this, the Muslim scholars such as the four Imāms became leaders’. Ibn Taymiyyah

Principle 2: To Refer to the Entirety of Divine Scripture - I3.2 Proofs for this Major Principle (pp. 46-47) ‘Error on this topic revolves around one thing. It is the ignorance of the objectives of Sharī‘ah and the lack of drawing all the parts together. For the scholars grounded in knowledge, the means of accepting the evidence is to take the Sharī‘ah as a whole in accordance with the overriding principles, on which its subsidiaries are based, the generalities from which result the specifics, the clear which explains the ambiguous…’ al-Shāṭibī ‘The method of those grounded in knowledge is to see the Sharī‘ah as a whole, part of it serving other parts just like limbs of person…’ al-Shāṭibī Occasionally there may appear to be contradictions and in such situations scholars have given rules on how to resolve them

Principle 2: To Refer to the Entirety of Divine Scripture - I3.3 Examples of failing to take into account the entirety of scripture (p. 48) 3.3.1 The Khawārij They took the first āyah and ignored the second. And whosoever disobeys Allāh and His Messenger (Muḥammad pbuh), and transgresses His limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment. (An-Nisā (4):14) Verily, Allāh forgives not that partners should be set up with him in worship, but He forgives except that (anything else) to whom He pleases, and whoever sets up partners with Allāh in worship, he has indeed invented a tremendous sin. (An-Nisā (4):48)

Principle 2: To Refer to the Entirety of Divine Scripture - I3.3 Examples of failing to take into account the entirety of scripture (p. 49) 3.3.2 The Murji’ah Quraysh Ibn Anas reported I heard Amr Ibn ‘Ubayd say ‘on the day of judgment I will be brought and stood in front of Allāh. He will ask me ‘why did you say the killer is in the fire?’ I will say that you said so’ and he read the āyah: And whoever kills a believer intentionally, his recompense is Hell to abide therein, and the Wrath and the Curse of Allāh are upon him, and a great punishment is prepared for him. (An-Nisā (4):93) Quraysh Ibn Anas said, ‘what do you think when Allāh says to you that He said: Verily, Allāh forgives not that partners should be set up with him in worship, but He forgives except that (anything else) to whom He pleases, and whoever sets up partners with Allāh in worship, he has indeed invented a tremendous sin. [An-Nisā 4:48] ‘From where did you learn that I will not forgive him?’ He could not give me any response’.

Principle 2: To Refer to the Entirety of Divine Scripture - I3.3 Examples of failing to take into account the entirety of scripture (p. 50) Ibn Taymiyyah says, ‘From here it becomes clear that these deviations in the Ummah occurred are as result of Imān in some of what the Messenger brought and not the rest of it…’ He says also, ‘The truth is to gather the texts on punishments with those on forgiveness without changing any of it just like the texts with commands are gathered with those on prohibitions without changing any of it’. Some followers of the Madhāhib sometimes take a part of the same ḥadīth while rejecting the other part

Principle 2: To Refer to the Entirety of Divine Scripture - I3.3 Examples of failing to take into account the entirety of scripture (pp. 50-51) When Umar disagreed with Abū Bakr on how to deal with the people who refused to pay the Zakāh. Umar used the following ḥadīth to prove his point. “I have been commanded to fight the people until they say la ilāha Illa Allāh. Whoever says that, then his life and his wealth becomes safe.” Abū Bakr said to him: “Zakāh is rightly due on one’s wealth” meaning that this issue comprised of the safeguarding of life and wealth was dependent on its conditions, and that the ruling was dependent on two conditions which [i.e. the ruling] could not come into existence without the two. Then he made an analogy between prayer and Zakāh. Imām Nawawī commented on this by stating: “This incident proves that generality (‘umūm) can be particularised by analogy (Qiyās). It also shows that everything that an address contains in a particular text in terms of stipulations and exceptions has to be complied with and must be deemed correct according to that.” Sharḥ an-Nawawī (1/203)

8.0 Principle 4: To Understand Divine Scripture according to the Dictates of the Arabic Language 8.1 Introduction 8.2 Importance of Arabic Language 8.3 Aspects of the Arabic Language

5.0 - 7.0 Principle 3: To Understand Divine Scripture according to the Consensus of Scholars (explicit & implicit) Majority of this discussion has been covered in the last retreat. An emphasis of using it as a tool will be discussed here.

Principle 4: To Understand Divine Scripture according to the Dictates of the Arabic Language8.1 Introduction (p. XX) The Book and the Sunnah are divinely revealed texts in a particular language and composed in accordance to the rules of the language. It follows logically that we should try to understand the usage of that language by the people to whom it was revealed so that we may understand the texts better.

Principle 4: To Understand Divine Scripture according to the Dictates of the Arabic Language8.1 Introduction (p. XX) 8.1.1 The Qur’an is Arabic “Indeed, We have sent it down as an Arabic Qur’an that you might understand.” [Sūrah Al-Yusuf (12):2] “A Book whose verses have been detailed, an Arabic Qur’an for a people who know.” [Sūrah Fuṣṣilat (41):3] 8.1.2 Is Arabic a Divine Language? Ibn Qudāmah and others said, ‘There is no real need for this discussion, discussing it is laborious and has no benefit.’

Principle 4: To Understand Divine Scripture according to the Dictates of the Arabic Language8.2 Importance of Arabic (p. XX) Ibn Taymiyyah wrote in his book al-Imān, pg. 105, Before one can interpret and understand the Qur'an and the Ḥadīth, he must know the meanings intended by the words of Allāh and His Messenger (pbuh), and he must know the methods necessary to understand their words. Knowledge of the Arabic language in which we were addressed will help us to understand what Allāh and His Messenger (pbuh) intended through their words, as will understanding the semantics behind the words and phrases. Truly, most of the misguidance of the Innovators occurred due to this reason - they began to misinterpret the words of Allāh and His Messenger (pbuh) claiming that they meant one thing, when really they meant another.

Principle 4: To Understand Divine Scripture according to the Dictates of the Arabic Language8.2 Importance of Arabic (p. XX) Umar is reported to have instructed his governors to spread the knowledge of Arabic because it invigorates the mind and increases virtue. Abū ‘Amr bin ‘Ala’ regarded the knowledge of Arabic as religion itself. Al-Farra’ considered the knowledge of grammar more valuable than that of jurisprudence. The writer of ḥadīth who does not know grammar is compared to a donkey carrying a nose-bag without barley in it. Ash-Shāfi’ī said that every Muslim must learn the Arabic language in order to recite the Holy Qur’an.

Process for the correct practice of Islam

Process for the correct practice of Islam CorrectIMPLEMENTATION

Principle 4: To Understand Divine Scripture according to the Dictates of the Arabic Language8.3 Aspects of the Language (p. XX) Implementing the ruling Knowing the context - Up normal circumstances, Darurah, maslahaas an Example - Aims and objectives of sharia Etiquette of differing

Process for the correct practice of Islam Correct PRACTISE and UNDERSTANDING

The End

Methodology of Understanding & Inference Seeking the Truth