Fiqh Flashcards
Usul Al-Fiqh Al-Islam
Islamic principals of fiqh- jurisprudence
Fundamental or principles of Islamic law
Shari’a
The way of watering place
The path to followed to achieve salvation
(Follow Quran and Sunnah)
Quran
1st source of Shari’a
Kalam Allah- uncreated speech of Allah SWT
6236 verses without Bismillah
500 verses related to ahkam- ruling
Sunnah of the Prophet SAW
2nd source of Shari’a
The recorded Hadiths in the following books
Sahih Sita: sahih al-Bukhari, Sahih Muslim, sunan abi Dawood, sunan ibn Mayan, sunan an-Nasa’i, Jami Al- Tirmidhi
Other Hadith Books
Muwatta Malik Musnad Ahmed ibn Hanbal Jami al-Masanid of Imam Hanifa Sunan Al-Shafi’i Sunan Al-Daraqutni Sunan Al- Kubra of Bayhaqi Musannaf Ibn Shayban musannaf Ibn Abdur Razzaq Sahih Ibn Khuzayma Sahih Ibn Hibban
Ijma us-Sahaba
3rd source of Shari’a
Consensus or agreement of Sahabas
Ijma of scholars= Mujtahids
Qiyas
4th sources of Shari’a
The application of Analogical deduction/reasoning based on some or all of 3 sources
Carried out in absence of evidence from 3 sources
Ex: OH haram bc intoxication-> drugs haram bc intoxication
Self harm= haram -> smoking haram
Fiqh
The application of the 4 sources of Shari’a
The 4 sources encodes Islamic Jurisprudence
Faqih
Scholar who is expert in Fiqh
Plural of faqih- fuqaha
F: Faqiha
Plural: Fuqaha
Usul
Fundamental or principles
Ijtihad
The process by which highest ranking scholars derive a judgment (hukm) from sources of shari’a by exerting their intellect
Carried out when answer not self evident from shari’a sources. The 4 Imam used diff methodology
No ijtihad for aqidah
Ex: how to pray witr
Taqlid
Opposite of Ijtihad
Following qualified scholarship without knowing or asking for detail proof
4:59 “O believers, obey Allah & obey the messenger and those in authority among you….”
Mujtahid
Plural: mujtahidun
These are scholars who perform Ijtihad- very few mujtahid
Abu Hanifa: 80-150 AH
Malik Ibn Anas: 93-179 AH
Muhammad Ibn Idris al-Shafi’i: 150-204 AH
Ahmed Ibn Hanbal: 164-241 AH
Madhab
Plural: Madha- hib
Islamic school of jurisprudence
Written & verbal positions of mujtahid imams within school of fiqh
Those who deny/refuse to follow mujtahid scholars in reality followers of a group of their own trusted scholars.
Contemporary scholars don’t have access to the knowledge of 4 scholars
Muqallid
Plural: muqallidun
Muslim who is not mujtahid and follows one of the 4 madhabs without knowing detail proofs
This applies to all Sunni Muslims except a few elite scholars
Dalil
Plural: dala’il or Adilla
Evidence from the 4 sources of shari’a: Quran, Hadith, Ijma, or Qiyas.
2 types: Dalil Qat’ie and Dalil zanni
Dalil Qat’ie
Evidence which is definite and free of any speculation in its understanding and application
It’s fardh to believer and act upon these evidence or else you become a kafir
Ex: 5 pullers
Dalil Zanni
Evidence which has some type doubts or speculation in its understanding and application.
It’s fardh to believe and act upon these evidence. If you disbelieve you are committing bidah- going astray from the sunnah
Ex: masah on socks
Mukallaf
Anyone who is in full possession of his mental faculties. Once they reach maturity, they have no choice but to follow the shari’a without excuse
Muhaddith
Scholar who is an expert in Hadith scholarship
Tafsir & mufassir
Branch of Islamic study that deals with extensive commentary on the Holy Quran
Mufassir: scholar who is an expert to make tafsir
Qawli Hadith
Verbal or spoken saying of the Prophet SAW
ex: “The prophet SAW said”
Fi’li Hadith
Actual bodily actions of the prophet SAW, that he carried out in his life time
Ex: eating with the right hand
Taqriri Hadith
Actions that were tacitly approved by the Prophet SAW, though he may not have carried them out by himself. The approval was through his silence.
If the prophet SAW did not disapprove= approval
Ex: when the athan happened, a sahaba left his food to pray in the presence of the prophet SAW and he did not disapprove.
Fardh
Obligatory to follow
Based on Dalil Qat’ie
Omit Fardh ->sinful (fasiq) & punishment in true Islamic state
Deny Fardh ->kufr (rejection of faith)
Ex: not praying 5 salahs= sinful and punishment
Saying 5 salahs not required= kufr
Fardh al- Ayn
Obligatory on every mature and sane individual
Ex: 5 salahs Ramadan fasting Zakat Reading Quran with tajweed
Fardh Al- kifaya
Communal obligation-Fardh on community
As long as a certain number of Muslims fulfill this act, the blame on the rest of the community is lifted
Ex: must have 1 hafiz, 1 alim/alimah in community salatul Janaza Enjoying good Forbidding evil Teaching the shari’a
Wajib
This is an obligation but of a lesser degree than a Fardh
Based on Dalil Zanni
To omit wajib-> sinful & punishment in dunya & akhira
Ex: isha is not complete w/o witr
Qadha- make up Fardh of missing salah= entire salah
Haram
Absolutely forbidden to carry out or consume
Haram if definite text to back it- Dalil Qat’ie
Ex: OH consumption, Riba, pig meat….
Makruh Tahrimi
Something that is highly disliked- nearly prohibited. Near haram because Dalil Zanni evidence
To act upon- No liability of punishment- blameworthy without justifiable reason
To avoid- praiseworthy
Ex: pray at Zawwal (sun highest pt)
Face Qibla while urinating/defecating
Makruh Tanzihi
Disliked action I order to keep oneself pure
Omitting= rewarded
No punishment for carrying it out
Ex: avoid eating onion/garlic when going to masjid for Jama’a
Mubah
Anything that is permissible to act upon (Ja’iz)
Dalil to support it
Anything Mubah is recognized as Halal
Ex: eating, sleeping no reward, unless with intention to please Allah SWT
Mandub
Act that is recommended to do
Reward for doing it
No sin for omitting & no punishment for avoiding it
Ex: fasting outside of Ramadan Sadaqa: non-obligatory charity Visiting the sick Ghusl before Jumu’a Salah Praying Nafl
Sunnah Al-Mu’Akkada
Emphatic sunnah that has Dalil to establish it
The prophet SAW always performed it
Reward for carrying it out
leaving it out is blameworthy, but not punishable
Regularly leaving out= sinful
Ex: sunnah rakats of the 5 salahs & 20 rakats of taraweeh in Ramadan
Sunnah Ghayr Mu’Akkada
Non-emphatic sunnah which also has a Dalil to establish it
Rewarded for carrying it out
No blame for avoiding
No punishment for leaving it out
Ex:
4 sunnah rakats before Asr
4 sunnah rakats Fardh of isha
Voluntary charity
Mustahab
Praiseworthy actions
Rewarded for carrying out
Similar to sunnah Ghayr Mu’Akkada
Ex: Nafl Salah & wudu before bed
Ishraq: sunrise-10:30; 2 Rak’ats hajj & umrah sawab
Dhuha: 10:30- zawwal; 4-6 Rak’ats gratefulness bone
Awabeen: after Maghrib before isha; 6 Rak’ats
Tahjjud: last 1/3 of night or right before bed
