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2. Fiqh > Introduction To Fiqh And Its Principles > Flashcards

Introduction To Fiqh And Its Principles Flashcards

1
Q

Read the poem regarding 10 points we should study before indulging into any science

A

إن مبادئ كل عـلـم عشـرة …. الحـدّ والموضــوع ثم الثمرة

ونســـبته وفضله والواضع …. والاسم والاستمداد حُكم الشارع

مسائلٌ والبعضُ بالبعض اكتفى …. ومن دَرى الجميع حـاز الشرفا

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2
Q

What is al hadd (الحد)

A

We define the limits of the science. We’ll go over the meaning.

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3
Q

التعريف اللغوي what is the linguistic
Definition of fiqh?
Give an example of the word being used in the Quran

A

الفهم: a detailed understanding

11:91
‎قَالُوا۟ يَـٰشُعَيْبُ مَا نَفْقَهُ كَثِيرًۭا مِّمَّا تَقُولُ
- They said o shuayb we don’t understand a lot of the things you say

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4
Q

التعريف الاصطلاحي
Technical definition of fiqh

A

العلمُ بالأحكام الشرعية العملية المقتسب من أدلتها التفصيلية
Knowledge (which either comes by way of certainty or speculation) of rulings of the shariah which are action-based، that which is taken from detailed evidences.

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5
Q

What is the definition of fiqh in the shariah?
المعنى الشرعي

A

فهْمُ الدين كلُّه مع عمل به
Understanding the entire deen whilst acting upon it.

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6
Q

What is the subject matter of fiqh? (الموضوع)

A

أفعال المكلفين من حيث حكمها
The actions of the human with rulings connected to it

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7
Q

What is the fruit of learning fiqh? )الثمرة)

A

إمثتال أوامر الله
You’ll follow and adhere to the commands of Allah accordingly
و اجتناب نواهه
And stay away from what he prohibited

  • extra point: the good of this world and the hereafter are connected to this.
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8
Q

what is the نسبة? (relation to other sciences)

A

fiqh is from the objective sciences (علوم المقاصد)

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9
Q

what is the فضل from fiqh?

A

9:122
وَمَا كَانَ ٱلْمُؤْمِنُونَ لِيَنفِرُوا۟ كَآفَّةًۭ ۚ فَلَوْلَا نَفَرَ مِن كُلِّ فِرْقَةٍۢ مِّنْهُمْ طَآئِفَةٌۭ لِّيَتَفَقَّهُوا۟ فِى ٱلدِّينِ وَلِيُنذِرُوا۟ قَوْمَهُمْ إِذَا رَجَعُوٓا۟ إِلَيْهِمْ لَعَلَّهُمْ يَحْذَرُونَ

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10
Q

who is the واضع? (original framer)

A

Some say Allah, some say the prophet صلى الله عليه و سلم and others say الأئمة المجتهدون.

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11
Q

what are the names of fiqh?

A

فقه
علم الفقه
علوم الفروع
فروع الفقهية
علم الأحكام العملية

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12
Q

What is the إستمداد?

A

The Quran, Sunnah, ijmaa and analogy (qiyas) which is sound (sound reasoning to reach a conclusion).

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13
Q

what is the حكم الشارع of fiqh?

A

studying fiqh is fard al ayn (individual obligation) when it comes to the parts of it that everyone has to know, but it can also be fard al kifaya (communal obligation.

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14
Q

what are the مسائل?

A

the categorization of the science:
1. rulings connected to worship of Allah
الأحكام المتعلقة بالعبادة الله
2. rulings connected to the dealings between the people.
الأحكام المتعلقة بالأفعال الناس و تعاملهم في الأموال و خقوق (المعاملات)
3. rulings connected to family related issues.
الأحكام المتعلقة بالأسرة
(الأحوال الشخصية)
4. rulings connected to the ruler.
الأحكام المتعلقة بالسلطان
(السياسة الشرعية)
5. rulings pertaining criminals (punishments)
الأحكام المتعلقة بالعقوب المجرمين
(العقوبات)
6. rulings regarding war
السير و الجهاد
(الأحكام التي تظنم علاقة دول الدولة بالدول المجاورة في حالة … و الحرب)
7. rulings regarding manners
الأحكام المتعلقة بالحشمة و الأخلاق و الأداب و المحاسب

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15
Q

what is the difference between fiqh and usul al fiqh?

A

fiqh focuses on detailed evidences while usul al fiqh deals with general evidences.

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16
Q

what is the difference between fiqh and ilm al hadith?

A

in ilm al hadith they focus on proving that the evidence exists while in fiqh they extract rulings from the evidences.

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17
Q

When one wants to use an evidence, what should they do?

A

إثبات الدليل : proving the dalils existence.
إستمباط من الدليل : extracting the ruling correctly from the dalil.

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18
Q

the difference between fiqh and fiqh al maqaarin (khilaaf)

A

comparative fiqh (fiqh al maqaarin) where multiple opinions of different jurists in a specific matter, then one tries to strengthen one opinion over the other by going over evidences and revising and going over how each party extracted their ruling from the Quran and Sunnah.

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19
Q

the difference between fiqh and qawaid al fiqhiyyah

A

In qawaid al fiqhiyyah principles are learned which are taken directly from the Quran and Sunnah, then these evidences are applied to subsidiary issues.

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20
Q

the difference between furooq al fiqhiyyah and fiqh

A

furooq al fiqhiyyah is about observation between 2 things which seem similar.

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21
Q

what are synonyms of “المدخل إلى علم الفقه”

A

تريخ الفقه
مدخل لدراسة الفقه
تاريخ التشريع الإسلامي

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22
Q

name the importance of the introduction to fiqh. name at least 3

A
  • It’s connected to fiqh and we know what the virtue is of fiqh.
  • it connects you to one of the most crucial moments in history of a Muslim (time of revelation)
  • you’ll stand over the root causes of differnces in opinion
  • You’ll stand over all terminologies of all madhhabs.
  • You learn the roots and paths that scholars took to extract rulings from the Quran and Sunnah
  • You learn about the methods that scholars took to study and attain knowledge.
  • we’ll take guidance of jrusist of Islam, their levels and orders.
  • You’ll appreciate Islamic civilization.
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23
Q

Where is the science “مدخل “إلى علم الفقه taken from?

A

علوم القرآن
علوم الحديث
السيرة النبوية
أصول الفقه
أصول الأدلة عند المذهب
الفقه
كتب الفتاوى
كتب التاريخ
كتب التارجم و طبقات
الجدل الفقهي
الفهارس و الأثبات و المعاجم و المشخات

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24
Q

name some unique qualities of islamic fiqh

A
  • It makes you observe and understand the quality /importance of worshipping Allah.
  • Ease and removal of hardship is brought by it.
  • the legislation was done gradually.
  • the shariah is applicable
  • the shariah observes the benefits of the people (protects your deen nafs aql honor and wealth)
  • it observes fairness and justice between the peopl
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25
Q

On what religion were the Arabs before the time of the prophet صلى الله عليه و سلم

A

The Arabs were on the of prophet Ibrahim until idol worship was entered ito the Arabian Peninsula by man Amr ibn Luhay(?). He went to Shaam and took idols from there after which shirk became rampant.

26
Q

Describe the time before the prophet صلى الله عليه و سلم

A
  • it was described as ضلال, they were far from the right path.
  • their culture was tribalism
  • they were known for their hifdh
  • boasting about lineage was widespread
  • drinking alcohol & singing
  • women were of no value and part of inheritence
  • girls were buried alive

some good things:
- the people were truthful, brave
- they wer good to their neighbours
- circumcision was practiced

27
Q

what was the prophetic period?

A

العهد النبوي
it started 13 years before Hijrah
and ended 11AH in Rabi’ al Awwal (when the prophet صلى الله عليه و سلم passed away).
This period is considered the most important period of time.

28
Q

what was focused on the most in the time before hijrah?
المرحلة المكية

A

The legislations were mostly focused on tawheed of Allah. So grounding people in their aqeedah, purifying the souls, noble manners, and cleansing them of the dirt of idol worship, bad manners and bad practices from jahiliyyah.
e.g. burying their daughters.

29
Q

What are the two periods, where the time of prophethood constituted of, called?

A

المرحلة المكية: 13 years before hijrah until hijrah.
المرحلة المدنية: from the time the prophet migrated to Medina until the he passed away.

30
Q

What was most focused on in المرحلة المدنية?

A

Most legislations were passed in this time. إصلاح العقيدة was still there, but emphasised on a deeper level, because Allah wanted to solidify their aqeedah in their hearts.
also الأحكام العملية was expanded on more (marital issues, punishments, politics, ibadat etc).

31
Q

What was the source of legislation in the time of the prophet صلى الله عليه وسلم?

A

23 years.
the first source of legislation Quran, from the Quran the prophet extracted fundamental matters of legislation (the prophet clarifies it and explains it) from it. issues of Ijmaa and qiyaas as sahih were later applied, because it was not needed because anything could be brought back to the prophet.

32
Q

how did the Quran come down?

A

منجما, مفرقا
It didn’t come down all in one go, rather it came down gradually.

33
Q

Why was the Quran sent down gradually?

A
  1. to solidify the prophets heart.
    25:32
    وَقَالَ ٱلَّذِينَ كَفَرُوا۟ لَوْلَا نُزِّلَ عَلَيْهِ ٱلْقُرْءَانُ جُمْلَةًۭ وَٰحِدَةًۭ ۚ كَذَٰلِكَ لِنُثَبِّتَ بِهِۦ فُؤَادَكَ ۖ وَرَتَّلْنَـٰهُ تَرْتِيلًۭا
    And those who disbelieve say: “Why is not the Qur’ân revealed to him all at once?” Thus (it is sent down in parts), that We may strengthen your heart thereby. And We have revealed it to you gradually, in stages. (It was revealed to the Prophet صلى الله عليه وسلم in 23 years.).
  2. for the memorization of the Quran and to ponder upon its meaning.
  3. the Quran is meant to be in line with the events that happened.
  4. to gradually legislate, not all at once.
34
Q

What is the relationship between the Quran and Sunnah?

A
  1. the Sunnah reiterates whats within the Quran.
  2. The Sunnah clarifies what’s in the Quran:
    - the Quran is sometimes ambiguous/vague and the Sunnah gives details and clarifies it.
    - it restricts an unrestricted verse.
  3. The Sunnah will come with a ruling where the Quran decides about.
35
Q

what was the methodology of the messenger صلى الله عليه وسلم in clarifying rulings to the companions?

A
  • He did so with comprehensive principles.
  • He would clarify the ruling with its wisdom/reason.
  • he would show a ruling to a matter by his actions.
36
Q

Was إجتهاد a source of legislation in the time of the prophet صلى الله عليه وسلم ?

A

It was not a مصدر مستقل independent legislation in the time of the prophet.

37
Q

How many types of ijtihad were there in the time of the prophet صلى الله عليه وسلم ?

A

2 types of ijtihad:
1. the ijtihad of the prophet himself صلى الله عليه وسلم.
- he either did ijtihad from what has reached him from Allah, we follow this.
- sometimes the prophet صلى الله عليه وسلم would get corrected on his ijtihad.
2. the ijtihad he did pertaining political matters:

38
Q

what period came after the عهد النبوي?

A

العصر الصحابة
مرحلة الخلافة الراشدة تحديدا
The period of the rightly guided khulafa. (Abu bakr umar uthman ali)
11 AH-40AH
After the 40th year a lot of deviation happened and misinterprettions.

39
Q

what does the era of the companions shed light on?

A

It sheds light on the era of explaining the meaning of the prophets (صلى الله عليه و سلم) legislation

40
Q

Why should we look into the era of the companions?

A

We have to look at his era in onder for us to understand the ijtihadaat and the understanding they came with.

41
Q

what did the sahaba have which made them superior to us in their comprehension and understanding?

A
  1. they were eyewitnesses, they were there and saw the prophet صلى الله عليه و سلم.
  2. they had clean Arabic language.
  3. they didn’t follow their whims and desires.
42
Q

How did the sahabah give importance to the Quran?

A

The sahaba saw the Quran come down, the way it affected the messenger too etc, OSo this encouraged them to memorize, comprehend , act upon and understand the Quran. They would learn the halal and the haram from it and where they had to stop and not exceed the limits. The Quran is for them the highest level, the way they live is taken from it.

43
Q

How did some of the righteous in the past learn the Quran?

A

What they didn’t do is learn/read it from beginning to end without knowing what it commands and prohibits, rather they would learn 10 ayat, then act upon it and only after that they’d increase in it 10 more.

44
Q

In what time was the compilation of the Quran commanded?

A

During the time of Abu bakr and during the time of Uthman it was compiled and the mushaf was structured. A copy of this mushaf was then sent to every land of the lands of the Muslims.

45
Q

How did the companions value the sunnah?

A

عناية بالسنة
عناية كبيرة
They memorized its wordings and meanings.
They knew the context to it all and spoke tge arabic language. They saw his actions and the context abd environment, so they knew him in a way we’ll never know. Also whenever they had a question, theyd be able to go to him and and get answers.

46
Q

How did the sahabah deal with nawazil (new matters that occurred that hadnt happened before) ?

A

They presented it first to the Quran, then the Sunnah, then they went to ijtihad independent reasoning taken from principles from the Quran and the Sunnah that they applied.
- the khulafa ar rashidun, they would have a committee of people around them whom they’d consult. If their view was one, unanimous agreement, they would take it.

47
Q

What were the two positions of ijtihad of the sahabah?

A

‎إجتهاد الرأيي
‎الرأي محمود (praiseworthy opinion)
A group that would go to opinions if they cannot find it in the Quran and Sunnah.

A group which Restricted themselves in what cane to the m from the prophet صلى الله عليه وسلم and toghtened any routes to opinions. They took a very though position regarding verdicts.

48
Q

Which companions were known to do ijtihad from opinion? إجتهاد الرأي

A

Umar ibn al khattaab 23H
Ubay ibn ka’ab 30H
Abdullah ibn masud 32H
Ali ibn abi talib 40H
Zayd ibn thabit 45H
Abdullah ibn Abbas 68H
And more

49
Q

Which of the companions would take what’s apparant from the text?

A

AbdulRahman ibn Awf 32H
Zubayr ibn Awwam 36H
Abu hurayra 59H
Abdullah ibn Umar 73H
And more

50
Q

the sahabah had two different ways of ijtihad, into what madaris did this eventually result?

A

There were two
These two ways caused
مدرسة أهل الرأي و
مدرسة أهل الحديث

51
Q

What was the reality of ikhtilaaf between the companions?

A

إختلاف الصحابه في الفقه و الإجتهاد

  • it was far less compared to those who came after them,
    because
    1. their intent in looking for the truth was much more than those who came after them and they had good understanding and also they had purity of insight.
    2. They stuck to the framework and didn’t leave it.
    3. Their ijtihad was based on reality not hypothetical.

The sahabah didn’t disagree on fundamental parts on the religion, it was based on subsidiary matters.

52
Q

‏What were the types of differences that occured between the companions?

A

أقسام الخلاف الفقهي الذي وقع بين الصحابه
‏The types of differences that occured amongst the companions.

‏Two main points:
الخلاف الذي يرتفع بظهور النص البين
‏The difference and disagreement that was lifted as soon as a textual evidence came.

الخلاف الذي لا يرتفع
It remains because the reasoning of how the text is used.
Or other factors cause the disagreement not to go.

53
Q

What were the most common reasons why the sahabah differed amongst themselves ?

A

أسباب الخلاف
1. They differed amongst themselves when it came to narrating from the prophet صلى الله عليه وسلم , they werent the same when it came to memorization and taking narrations from the prophet صلى الله عليه وسلم.
2. They were different levels in knowledge and so also in their ability to do Ijtihad.
3. They were not the same when it came to the abrogated verses and evidences.
4. They would take different approaches in their responses to things that seemed to contradict in the text.
5. They would differ in their exegesis of the text.
6. There would be no text to go back to in an issue so they’d do ijtihad without a text

54
Q

What were the ettiquetes of differing between the companions?

A
  1. They obeserved brotherhood and having mercy with each other. The one who opposed the other would seek excuses for them, hope good for each them and they strove to staying away from disunity. what controlled them was the evidence and what they desired was the truth while showing very good manners.
  2. They didnt impose their opinions on anyone when there was a valid difference of opinion. Each person would clarify to the other what they believe to be the truth. They would have a dialogue.
55
Q

Who were the senior fuqaha of the sahaba? المكثرون

A

Not everyone from the sahaba were people of fatwa and ijtihad, because this was specific for those who stuck with the prophet صلى الله عليه وسلم, those who carried the Quran, those who knew الناسخ و المنسوخ، and they knew the other indications of the texts, we refer to them as القرة، because those days anyone who was able to read, read and memorized the Quran in its entirety was very little in number. The arabs were illiterate.

Umar ibn al khattab
Ali ibn abi talib
Ibn masud
Aisha bint abi bakr
Abdullah Ibn abbas
Abdullah Ibn umar
Zayb ibn thabit

56
Q

Who were the ones who were in the middle in terms of giving fatwa? Who are considered the المتوسطون? Name at least 5

A

Abu bakr as Siddiq
Umm salamah
Anas ibn malik
Abu said al khudri
Abu hurayra
Uthman ibn affan
Abdullah ibn amr ibn as
Abdullah ibn zubayr
Abu musa al ash’ari
Sa’d ibn abi waqqas
Salman al farisi
Jabir ibn abdillahi
Muadh ibn jabal
Talha ibn ubaydillahi
Zubayr ibn Awwam
Abdurrahman ibn awf
Imran ibn Husayn
Abu bakr … ath thaqafi
Abudah ibn samit
Muawiyah ibn abi sufyan

57
Q

Which ones from the sahabah were the مقلون؟ so those who gave little fatwa
Name at least 2

A

Abu masud al ansari
Abu ayyub al ansari
Abu dar al ghifali
Abu barzah al aslami
Asma bint abi bakr
Nu’man ibn bashir
Amman ibn yasir (?)

58
Q

What are the distinct qualities of the fiqh of the sahaba?

A
  • the ummah and people of knowledge are all in agreement that the sahaba are the most virtuous and righteous of people after the prophet صلى الله عليه وسلم and they are the fuqaha of the Ummah. they were eloquent in the Arabic Language, their mind was purer, quicker in understanding Knowledge and better perception , little who opposed, they didn’t need to look at the chain of narrations. Only two affairs they had to look at: قال الله و قال الرسول صلى الله عليه وسلم . they had deep Knowledge and understanding, they didn’t speak about matters they didn’t know. Also pure intentions.
59
Q

Name 7 points that show the highness of the fiqh of the sahaba

A
  1. The scholars of hadith bring their statements actions verdicts etc in kutub as sanid and kutub as sunan.
  2. The scholars give importance to the text that came from the sahaba that explain and unveal the reality if shari’ issues. Their tafsir of the text is a proof.
  3. Giving consideration to the statements of the sahaba when e.g. An aya gives a ruling and a sahabi says something regarding it, then its clear that what the companion said with regards tobit, that it can take its meaning.
  4. When it comes to ordering the evidences and strengthening opinions over opinions, then the sahabi takes precedence over anyone who came after them.
  5. Statements from some sahaba became comprehensive legal maxims that were used to narrow down fiqh issues.
  6. The sahaba their statements were clearer in meaning and easier to underst and summarized.
  7. By studying the fiqh of the sahaba you learn the practicality of fiqh, how Everything is done.
60
Q

تدوين السنة في العصر التابعين
The writing of the sunnah in the time of the tabieen, name some points regarding it

A

The sunnah wasn’t documented in the way it is today. The writing of the sunnah was prohibited at first but later this prohibition was lifted.

2. Fiqh (1 decks)

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