Fiqh (Islamic Jurisprudence), Usul ul 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…

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Fiqh (Islamic Jurisprudence), Usul ul 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…

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Usul ul 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…

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Usul ul 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…

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Fiqh (Islamic Jurisprudence), Usul ul 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…

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Disagreement
History, Usul ul 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…

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Islamic Texts
Usul ul Fiqh (Principles of Islamic Jurisprudence)

How Muslim Scholars Deal With Perceived Contradictions in Islamic Texts

Methodology of the Majority of Scholars of Islam The perspective that guides each step of the process [for them] is maintaining the validity and viability of the evidence as far and as much as possible. Reconciling where possible – the justification is that the Lawgiver only provided the evidence in order to guide humanity to the rules He intends for them; therefore, to use all the evidence on an issue is preferable to rejecting some of it; and it is the best method for preserving the Shari’ah from charges of imperfection.  Therefore, if two seemingly contradictory pieces of evidence from…

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