Ilm Al Fiqh

Ilm Al Fiqh

’Ilm al-fiqh deals with the actions which people should do and those which they should not do. The knowledge of Fiqh is composed of the Qur’ân al-kerîm, hadîth ash-sherîfs, ijmâ’ and qiyâs. The consensus of the as-Sahâbat al-kirâm and the mujtahids who came after them is called ijmâ’ al-Umma. The rules of the religion derived from the Qur’ân al-kerîm, hadîth ash- sherîfs and ijmâ’ al-Umma are called qiyâs al-fuqahâ.’ If it could not be understood from the Qur’ân al-kerîm or hadîth ash-sherîfs whether an action was halâl (permitted) or harâm (forbidden), then this action was compared to another action which was known. This analogy was called qiyâs. Applying qiyâs required the latter action to have the same factor which made the former action permitted or forbidden. And this could be judged only by those profound scholars who had attained the grade of ijtihâd.

The ’ilm al-fiqh is very extensive. It has four main divisions:

1) ’ibâdât, composed of five subdivisions: salât (namâz), sawm (fast), zakât, hajj, jihâd. Each of these subdivisions is composed of sections. As is seen, it is an act of worship to make preparations for jihâd. Our Prophet ‘sall-Allâhu ’alaihi wa sallam’ stated that there were two kinds of jihâd against the enemies of Islam: by actions and by words. It is fard to learn how to make and use new weapons in preparation for jihâd by actions. Jihâd is done by the State. It is fard for the people to join the jihâd by obeying the State’s laws and orders concerning jihâd. Recently, enemy assault through publications, motion pictures, radio broadcast and every means of propaganda —the second kind of war— has tremendously increased; therefore it is also jihâd to stand against the enemies in this field.

2) munâkahât, composed of subdivisions, such as marriage, divorce, alimony and many others.

3) mu’âmalât, composed of many subdivisions, such as purchase, sale, rent, joint-ownership, interest, inheritance, etc.

4) ’uqûbât (penal code), composed of five main subdivisions: qisâs (lex talionis), sirqat (theft), zinâ (fornication and adultery), qadhf (accusing a virtuous woman of incontinence) and ridda (the case of becoming an apostate).

It is fard for every Muslim to acquire sufficient knowledge of Fiqh pertaining to worship. It is fard kifâya to learn munâkahât and mu’âmalât; in other words, these two sciences must be learned as much as necessary by people who need them.

After ’ilm at-tafsîr, ’ilm al-hadîth and ’ilm al-kalâm, the most honourable ilm is ’ilm al-fiqh. The following 5 hadîths will be enough to indicate the honour of Fiqh and the Faqîh: ‘rahmatullâhi ta’âlâ alaihim ajma’în’

‘If Allâhu ta’âlâ wants to bestow His blessing on a slave of His, He makes a Faqîh of him.’

‘If a person becomes a Faqîh, Allâhu ta’âlâ sends what he wishes and his sustenance through unexpected sources.’

‘The person about whom Allâhu ta’âlâ says “most superior” is a Faqîh in the religion.’

‘Against Satan, a Faqîh is firmer than one thousand ’âbids

(people who worship much).’

‘The best and most valuable worship is to learn and teach Fiqh.’

Superiority of al-Imâm al-a’zam Abu Hanîfa ‘rahmatullâhi ta’âlâ ’alaih’ can be inferred from these hadîth-i-sherîfs as well.

The Islamic teachings in the Hanafî Madhhab were conveyed through a chain beginning with ’Abdullah ibn Mes’ûd ‘radiy- Allâhu ’anh’, who was a Sahâbî. That means to say that Imâm al- a’zam Abû Hanîfa ‘rahmatullâhi ta’âlâ ’alaih’, the founder of the Madhhab, acquired the knowledge of Fiqh from Hammâd, and Hammâd from Ibrâhîm an-Nakhâ’î. Ibrahim an-Nakhâ’î was taught by Alkama, and Alkama studied under ’Abdullah ibn Mes’ûd, who was educated by Rasûlullah ‘sall-Allâhu ’alaihi wa sallam’.

Abû Yûsuf, Imâm Muhammad ash-Shaibânî, Zufar ibn Hudhail and Hasan ibn Ziyâd were al-Imâm al-a’zam’s disciples ‘rahimahum-Allah’. Of these, Imâm Muhammad wrote about one thousand books on Islamic teachings. He was born in 135 A.H. and passed away in Rayy, Iran, in 189 (805 A.D.). Because he was married to the (widowed) mother of al-Imâm ash-Shâfi’î, one of his disciples, all his books were left to Shafi’î upon his death, whereby Shafi’î’s knowledge increased. For this reason, al-Imâm ash-Shâfi’î ‘rahmatullâhi ta’âlâ ’alaih’ said: ‘I swear that my knowledge of Fiqh increased by reading Imâm Muhammad’s books. Those who want to deepen their knowledge of Fiqh should keep company with the disciples of Abû Hanîfa.’ And once he said: ‘All Muslims are like the household, children, of al-Imâm al- a’zam.’ In other words, as a man earns a living for his wife and children, al-Imâm al-a’zam took it upon himself to explore the religious knowledge which people needed in their matters. Thereby, he spared Muslims of a lot of hard work.

Al-Imâm al-a’zâm Abu Hanîfa ‘rahmatullâhi ’alaih’ compiled the knowledge of Fiqh, classified it into branches and sub- branches, and set usûls (methods) for it. Also, he collected the teachings of i’tiqâd as Rasûlullah ‘sall-Allâhu ’alaihi wa sallam’ and the Sahâbat al-kirâm ‘ridwânullâhi ’alaihim ajma’în’ had preached, and taught them to hundreds of his disciples. Some of his disciples became specialists in the ’ilm al-kalâm, that is, in the teachings of îmân. Of them, Abû Bakr al-Jurjânî, one of Imâm Muhammad ash-Shaibânî’s disciples, attained eminence. And Abû Nasr al-’Iyâd, one of his pupils, educated Abû Mansûr al- Mâturîdî in the ’ilm al-kalâm. Abû Mansûr wrote in his books the teachings of kalâm as they came from al-Imâm al-a’zam ‘rahmatullâhi ta’âlâ ’alaih’. By contending against heretics, he consolidated the i’tiqâd of the Ahl as-Sunna. He spread it out far and wide. He passed away in Samarqand in 333 (944 A.D.). This great scholar and another scholar namely Abu-l-Hasan al- Ash’arî, are called the imâms of the Madhhabs of the Sunnî i’tiqâd. (Imam Ma’turidi is most correct)

Scholars of Fiqh are grouped in seven grades. Kemâl Pâshazâda Ahmad ibn Sulaimân Efendi ‘rahmatullâhi ta’âlâ ’alaih’, in his work Waqf an-niyyât, explained these seven grades as follows:

1. Mujtahids of Islam, who constructed the methods and principles of deriving tenets from the four sources of the religion (Adilla-i arba’a), and derived tenets in accordance with the principles they established. Examples of these scholars were a’immat al-madhâhib, (i.e. Imâm a’zam Abû Hanîfa, Imâm Mâlik, Imâm Shâfi’î, and Imâm Ahmad bin Hanbal, leaders of Islam’s four right and correct Madhhabs in practices.)

2. Mujtahids in a Madhhab, who, following the principles formulated by the imâm of the Madhhab, derived rules from the four sources. They were, (in the Hanafî Madhhab,) Imâm Abû Yûsuf, Imâm Muhammad, etc. ‘rahmatullâhi ta’âlâ ’alaihim ajma’în’.

3. Mujtahids on matters (mas’ala), who, for the matters that were not dealt with by the founder of the Madhhab, derived rules using the methods and principles of the Madhhab. Yet in doing this, they had to follow the imâm. Among them were at-Tahâwî (238-321 A.H., in Egypt), Hassâf Ahmad ibn ’Umar (d. 261, in Baghdad), ’Abdullah ibn Husain al-Kerkhî (340), Shams al- a’imma al-Halwânî (456, in Bukhârâ), Shams al-a’imma as- Sarahsî (483), Fakhr-ul Islâm ’Alî ibn Muhammad al-Pazdawî (400-482, in Samarqand), Qâdî-Khân Hasan ibn Mansûr al- Farghânî (592), etc. ‘rahmatullâhi ta’âlâ ’alaihim ajma’în’.

4. As-hâb at-takhrîj, who were not entitled to employ ijtihâd. They were scholars who explained in brief unclear rules derived by mujtahids. Husâm ad-dîn ar-Râzî ’Alî ibn Ahmad was one of them. He ‘rahmatullâhi ta’âlâ ’alaih’ is also known with the epithet ‘Jessâs’. He passed away in 370 A.H.

5. Arbâb at-tarjîh, who preferred one of the several riwâyas (narrations) coming from mujtahids. They were Abu-l-Hasan al- Qudûrî (362-428 A.H., in Baghdâd) and Burhân ad-dîn ’Alî al- Marghinânî, the author of al-Hidâya, who was martyred by the hordes of Jenghiz in the Bukhârâ Massacre of 593 A.H. [1198 A.D.].

6. Scholars who wrote various riwâyas about a matter in an order with respect to their reliability were called muqallids. They did not include any refused riwâya in their books. Abû-l-Barakât ’Abdullah ibn Ahmad an-Nasafî (d. 710 A.H.), the author of Kanz ad-daqâiq; ’Abdullah ibn Mahmûd al-Musûlî (d. 683), the author of Mukhtâr; Burhân ash-Sharî’a Mahmûd ibn Sadr ash-Sharî’a ’Ubaid-Allah (d. 673), the author of al-Wiqâya; and Ibn as-Sâ’âtî Ahmad ibn ’Alî al-Baghdâdî (d. 694), the author of Majmâ’ al- bahrain, are a few of them ‘rahmatullâhi ta’âlâ ’alaihim ajma’în’.

7. They are also muqallids incapable of distinguishing weak riwâyas from genuine ones.

These people were counted among Fiqh scholars because they could understand what they read, and explained them to the muqallids who could not understand them.

A Person without a Madhhab (in our time) has not found the right way for himself; Even if he imitates all others, it will not be correct!

Person not learned in Islam cannot be a mujtahid for himself.