Lesson 4: Fiqh before the time of the Prophet ﷺ

Question 1

The State Of The Arabs Before The Prophetic Mission | حال العرب قبل البعثة النبوية

Answer 1

They were upon Tawheed before the messenger ﷺ initially, until Amr ibn luhayy (عمرو بن لحي) introduced idol worshipping into the Arabian peninsula, after he went to Shaam (the levant) and this was a time the Arabian peninsula was strong in Tawheed, and from Shaam he took idols, and changed the religion of the people, and shirk spread as a result of that, and tribal idols as well as main idols.

Question 1

Description Allah gave to the arabs after Shirk

Answer 1

• • ضلال-Misguidance> هُوَ ٱلَّذِى بَعَثَ فِى ٱلْأُمِّيِّـۧنَ رَسُولًۭا مِّنْهُمْ يَتْلُوا۟ عَلَيْهِمْ ءَايَـٰتِهِۦ وَيُزَكِّيهِمْ وَيُعَلِّمُهُمُ ٱلْكِتَـٰبَ وَٱلْحِكْمَةَ وَإِن كَانُوا۟ مِن قَبْلُ لَفِى ضَلَـٰلٍۢ مُّبِينٍۢ ٢
• He is the One Who raised for the illiterate ˹people˺ a messenger from among themselves—reciting to them His revelations, purifying them, and teaching them the Book and wisdom, for indeed they had previously been clearly astray—

• -Jumah ayah 2
      
  ---

• ضلال means العدول عن المنهج القويم-Departure/divergent from the (upright) straight path, and they were crooked.

• ---
      
  And Allah made it clear this was **before** him, by the use of قبل

Question 2

Life for the Arabs

Answer 2

Travelers/Bedouins/city dwellers

looking for greenery, such as the people of Yathrib (Medina), Mecca, Taif,although other scholars didn’t really classify them as this as they had city states, some civilization, but all were tribal.

Reading/writing wasn’t common, but memorization was something they were known for, such as poetry.

Question 3

Bad Habits/qualities of the Arabs

Answer 3

• Boasting About One’s Lineage | التفاخر بالأنساب

Claiming things they had no knowledge of, arrogance of it.

• Tribal solidarity/aiding your tribe (members) | التناصر القبلي Right or wrong, they would defend their clansmen regardless of what they had done.
• Drinking intoxicants/alcohol | شرب الخمر

Alongside singing as they were done jointly at times

• Women had no value

Burying of daughters

وَإِذَا ٱلْمَوْءُۥدَةُ سُئِلَتْسُئِلَتْ

بِأَىِّ ذَنۢبٍۢ قُتِلَتْ
And when the girl [who was] buried alive is asked

For what sin she was killed

-Takwir 8-9

Women were inherited, just like properties

Question 4

Good habits/qualities of the Arabs

Answer 4

• Truthfulness | الصدق

الوفاء-Loyalty/truthfulness was very important to them, as is seen in their poetry.

• Care for the neighbors | رعاية الجار

Their rights and treating them kindly were of the highest importance.

• Bravery | الشجاعة

Antarah ibn Shaddad, imrul Qays as the warrior poets for instance

• Generosity | الكرم
• Dignity/self respect| عزة النفس/نفس الأبية

Not accepting humiliation

• Perpetual Dignity | إباء الدائم

Mentality that no one could belittle them, put them down

• Protective Jealousy | غيرة

And this is what they took from the noble messenger Ibrahim and his son عليهما السلام

Question 5

Practices from Ibrahim عليه السلام the arabs held on to

Answer 5

• Circumcision
• Ritual Purification Impurity | الاغتسال من الجنابة

They would do Ghusl *And this was something the western world did not do until a long time after the messenger ﷺ

• Marrying a women with betrothal and dowry | النِّكاح بخِطْبة وصَدَاق
• SOME Rituals of Hajj | مناسك الحج
• Fasting like Ashura

Question 6

What was the practice of the arabs in terms of distributing their animals and gardens

Answer 6

they had a law in their distribution of animals and crops, نظام الإنتاج

They divided the cattle and crops into 2:

1. A portion for their idols-And this was something that was specific to them
2. A portion for themselves depending on a situation

Question 7

How did the arabs organize the gardens and animals that were exclusively for the idols

Answer 7

1. A portion that no one else can eat except those who they wish | ۦٓ أَنْعَـٰمٌۭ وَحَرْثٌ حِجْرٌۭ لَّا يَطْعَمُهَآ إِلَّا مَن نَّشَآءُ
2. Some cattle’s can have nothing put on it | أَنْعَـٰمٌ حُرِّمَتْ ظُهُورُهَ
3. Those they don’t read the name of Allah upon it | أَنْعَـٰمٌۭ لَّا يَذْكُرُونَ ٱسْمَ ٱللَّهِ عَلَيْهَا

and these are the baḥīrah, sā’ibah, waṣīlah, ḥām

Question 8

What were the verses that speak about how the arabs would deal with their animals and crops?

Answer 8

• وَقَالُوا۟ هَـٰذِهِۦٓ أَنْعَـٰمٌۭ وَحَرْثٌ حِجْرٌۭ لَّا يَطْعَمُهَآ إِلَّا مَن نَّشَآءُ بِزَعْمِهِمْ وَأَنْعَـٰمٌ حُرِّمَتْ ظُهُورُهَا وَأَنْعَـٰمٌۭ لَّا يَذْكُرُونَ ٱسْمَ ٱللَّهِ عَلَيْهَا ٱفْتِرَآءً عَلَيْهِ ۚ سَيَجْزِيهِم بِمَا كَانُوا۟ يَفْتَرُونَ ١٣٨
  And they say, “These animals1and crops are forbidden; no one may eat from them except whom we will,” by their claim. And there are those [camels] whose backs are forbidden [by them]2and those upon which the name of Allāh is not mentioned3- [all of this] an invention of untruth about Him.4He will punish them for what they were inventing.وَقَالُوا۟ مَا فِى بُطُونِ هَـٰذِهِ ٱلْأَنْعَـٰمِ خَالِصَةٌۭ لِّذُكُورِنَا وَمُحَرَّمٌ عَلَىٰٓ أَزْوَٰجِنَا ۖ وَإِن يَكُن مَّيْتَةًۭ فَهُمْ فِيهِ شُرَكَآءُ ۚ سَيَجْزِيهِمْ وَصْفَهُمْ ۚ إِنَّهُۥ حَكِيمٌ عَلِيمٌۭ ١٣٩
  And they say, “What is in the bellies of these animals1is exclusively for our males and forbidden to our females. But if it is [born] dead, then all of them have shares therein.” He will punish them for their description.2Indeed, He is Wise and Knowing.مَا جَعَلَ ٱللَّهُ مِنۢ بَحِيرَةٍۢ وَلَا سَآئِبَةٍۢ وَلَا وَصِيلَةٍۢ وَلَا حَامٍۢ ۙ وَلَـٰكِنَّ ٱلَّذِينَ كَفَرُوا۟ يَفْتَرُونَ عَلَى ٱللَّهِ ٱلْكَذِبَ ۖ وَأَكْثَرُهُمْ لَا يَعْقِلُونَ
  Allāh has not appointed [such innovations as] baḥīrah or sā’ibah or waṣīlah or ḥām.1But those who disbelieve invent falsehood about Allāh, and most of them do not reasonوَمِنَ ٱلْأَنْعَـٰمِ حَمُولَةًۭ وَفَرْشًۭا ۚ كُلُوا۟ مِمَّا رَزَقَكُمُ ٱللَّهُ وَلَا تَتَّبِعُوا۟ خُطُوَٰتِ ٱلشَّيْطَـٰنِ ۚ إِنَّهُۥ لَكُمْ عَدُوٌّۭ مُّبِينٌۭ
  And of the grazing livestock are carriers [of burdens] and those [too] small. Eat of what Allāh has provided for you and do not follow the footsteps of Satan.1Indeed, he is to you a clear enemy.

Question 9

How did Allah change the system of the distribution of wealth by the arabs

Answer 9

Allah replaced it with Zakah

۞ وَهُوَ ٱلَّذِىٓ أَنشَأَ جَنَّـٰتٍۢ مَّعْرُوشَـٰتٍۢ وَغَيْرَ مَعْرُوشَـٰتٍۢ وَٱلنَّخْلَ وَٱلزَّرْعَ مُخْتَلِفًا أُكُلُهُۥ وَٱلزَّيْتُونَ وَٱلرُّمَّانَ مُتَشَـٰبِهًۭا وَغَيْرَ مُتَشَـٰبِهٍۢ ۚ كُلُوا۟ مِن ثَمَرِهِۦٓ إِذَآ أَثْمَرَ وَءَاتُوا۟ حَقَّهُۥ يَوْمَ حَصَادِهِۦ ۖ وَلَا تُسْرِفُوٓا۟ ۚ إِنَّهُۥ لَا يُحِبُّ ٱلْمُسْرِفِينَ
And He it is who causes gardens to grow, [both] trellised and untrellised, and palm trees and crops of different [kinds of] food and olives and pomegranates, similar and dissimilar. Eat of [each of] its fruit when it yields and give its due [zakāh] on the day of its harvest. And be not excessive.1Indeed, He does not like those who commit excess.

-An’am 141

وَمِنَ ٱلْإِبِلِ ٱثْنَيْنِ وَمِنَ ٱلْبَقَرِ ٱثْنَيْنِ ۗ قُلْ ءَآلذَّكَرَيْنِ حَرَّمَ أَمِ ٱلْأُنثَيَيْنِ أَمَّا ٱشْتَمَلَتْ عَلَيْهِ أَرْحَامُ ٱلْأُنثَيَيْنِ ۖ أَمْ كُنتُمْ شُهَدَآءَ إِذْ وَصَّىٰكُمُ ٱللَّهُ بِهَـٰذَا ۚ فَمَنْ أَظْلَمُ مِمَّنِ ٱفْتَرَىٰ عَلَى ٱللَّهِ كَذِبًۭا لِّيُضِلَّ ٱلنَّاسَ بِغَيْرِ عِلْمٍ ۗ إِنَّ ٱللَّهَ لَا يَهْدِى ٱلْقَوْمَ ٱلظَّـٰلِمِينَ
And of the camels, two and of the cattle, two. Say, “Is it the two males He has forbidden or the two females or that which the wombs of the two females contain? Or were you witnesses when Allāh charged you with this? Then who is more unjust than one who invents a lie about Allāh to mislead the people by [something] other than knowledge? Indeed, Allāh does not guide the wrongdoing people.”

Here, its interesting they had a Fiqh regarding this, with rules and regulation, and Islam came and abolished it and refuted the falsehood of this.