Fiqh (Islamic Jurisprudence), History, Usul al-Fiqh (Principles of Islamic Jurisprudence)

Introduction to Hanbali Fiqh

Notes from Abu Zahra’s ‘The Four Imams: Their Lives, Works, and Their Schools of Thought’ Overview of Imam Ahmad’s Life Imam Ahmad did not write a book on fiqh (jurisprudence) In the beginning of his career, he refused anything to be recorded from him on the subject of fiqh. He didn’t consider it proper He would even forbid transmitting books from other jurists He would even forbid his students to write down his own fatwas and opinions Later in life his students convinced him and he allowed them to transmit his fatwas and opinions He learned from Shafi’ the method…

Continue Reading

Fiqh (Islamic Jurisprudence), Usul al-Fiqh (Principles of Islamic Jurisprudence)

An Overview of the Hanbali School of Law

Most Famous of Ahmad’s Teachers Abu Yusuf Al-Qadhi Hasheem ibn Basheer Al-Shafi’ Some said they were more like peers who benefited from each another Ismail ibn ‘Aliyah Wakee’ Sufyan ibn ‘Uyaynah Abu Dawud al-Tiyalisi Na’eem ibn Hammad And many others Most Famous of Ahmad’s Students Salih ibn Ahmad ibn Hanbal Abdullah ibn Ahmad ibn Hanbal Abu Dawud al-Sajastani Abu Bakr al-Athram Harb al-Kirmani Ishaq ibn Hani’ Hanbal ibn Ishaq Abu Zur’ah al-Razi Imam Bukhari Imam Muslim And many others Most Famous of Ahmad’s Books Al-Musnad Fadhail al-Sahabah Al-‘Ilal wa al-Ma’rifat al-Rijal Al-Asami wa al-Kuna Al-Zuhd Al-Radd alaa al-Zanadiqah wa al-Jahmiyyah…

Continue Reading

Fiqh (Islamic Jurisprudence), Usul al-Fiqh (Principles of Islamic Jurisprudence)

The Truth About Taqlid

By Surkheel (Abu Aaliyah) Sharif The initial era of Islam produced many great jurists and legalists: men who not only possessed exceptional acumen, but who led profoundly spiritual lives too. These jurists have been described as ‘grammarians of the Divine Word’: explaining it, systemizing it and deriving new rulings from it. Out of these many jurists, four became reknowned throughout the ummah. It was from them that four famous madhhabs, or schools of law, flowered and flourished: the Hanafi, Maliki, Shafi‘i and Hanbali schools of law. In recent times, intense schisms have arisen over the issue of madhhabs and the…

Continue Reading

Usul al-Fiqh (Principles of Islamic Jurisprudence)

Understanding Ijtihad

By Surkheel Abu Aaliyah The science that evolved in understanding the shari‘ah, or Sacred Law of Islam, is called fiqh: usually translated as “jurisprudence”, and comes from the word faqiha, meaning: “to understand”. Fiqh, therefore, is all about understanding these divine laws and the way they shape the life-pattern of believers. Strictly speaking, shari‘ah refers to the body of laws revealed to the Prophet Muhammad ﷺ which he taught and lived by in his day to day life; while fiqh is the science of understanding, extracting and developing these laws – and this involves human effort. Now “effort” in the…

Continue Reading

Usul al-Fiqh (Principles of Islamic Jurisprudence)

Principles of Islamic Jurisprudence: Brief Introduction

by Shaykh ‘Abdur-Rahmân ibn Nâsir as-Sa’dî From Ahya.org Prologue [Risaalah Lateefah Jaami’ah fee Usoolil-Fiqhil-Muhimmah, which is part of Manhajus-Saalikeen wa Tawdeehul-Fiqh bid-Deen (pp.101-112)] All praise belongs to Allaah. So we praise Him for what He possess from His beautiful Names and lofty and perfect Attributes; and for His Judgement and Decree which encompasses everything in existence; and for His Divinely Prescribed Laws which encompass every field of legislation; and His Judgement concerning rewards for the doers of good, and punishments for the criminals. I testify that none has the right to be worshipped except Allaah alone, who has no partner in…

Continue Reading

Fiqh (Islamic Jurisprudence), Usul al-Fiqh (Principles of Islamic Jurisprudence)

Legal Maxims of Islamic Law: A Brief Introduction

Fiqh or legal maxims of Islamic law (Al-Qawaa’id Al-Fiqhiyyah) is a genre of Islamic sciences that focuses on general rules of fiqh which can be applied to a wide variety of particular situations. In fact, in Muslim countries a student cannot obtain a degree in Islamic sciences from an Islamic university without first having completed a course on this subject (Mohammed, 2005, p. 191). These maxims have been used by Muslim jurists for centuries to give verdicts. They assist in the matter of ijtihad because they organize the branches of fiqh and categorize cases and it is a must for…

Continue Reading

Disagreement
History, Usul al-Fiqh (Principles of Islamic Jurisprudence)

Why Muslim Scholars Differ: Notes From Ibn Taymiyyah’s Raf’ al-Malaam ‘an al-A’immah al-Al-A’laam (The Removal of Blame From the Great Imams)

I had always wondered why certain scholars, especially the highly reputable ones like the four imams, chose to go against clear authentic hadiths which contradict their opinion(s).  It always bothered me and made me feel a bit uneasy but I could never really figure out why such was the case.  If the Qur’an and Sunnah are one, I would think to myself, then how can there be two or three or four different opinions on an issue?  Alhamdulillah, over the years, it had started to make more and more sense to me.  The more I learned and advanced in Islamic knowledge, the…

Continue Reading