Chapter 1 of 984 min read

Introduction

مقدمة

Preface When you take a look at Muslims living in Muslim countries, you find out that they are hardly organized. It is commonplace to find some cutting the line at a bus stop or at a food store. When it is time for salaah however, they stand together one line without any commotion. Many talk over each other, but during the Friday khutbah, they remain quiet. It’s almost accepted amongst them to be always late, yet the athaan is always called on time. Have you ever wondered why? It is because the Islamic System, or Shari’ah, inculcates organization and justice in the lives of the Muslims. Unfortunately, they are not following it anymore. Additionally, Shari’ah is commonly misinterpreted to denote only the laws of punishments and barely anything else. Shari’ah however, is universal in its essence. It guides and governs all aspects of a Muslim’s life. The rule of Shari’ah has prevailed for over 1200 years, more than any other system on the face of this earth. Why? Because it is divine decree from The Creator Who knows what is best for His creation. Shari’ah started with the beginning of revelation; with the word Iqra’. The prophet (Peace Be Upon Him) carried it and gave it to the sahaaba who passed it on to the following generations. “… Then the cities of Islam grew, and illiteracy disappeared from among the Arabs because of their constant occupation with the Qur’an. After that, the development of Fiqh took place. Fiqh was perfected and came to be a craft and a science. The Qur’an readers were no longer called Qur’an readers but Fuqaha’ (jurists) and religious scholars. ” [Ibn Khaldun, al-Muqaddinah] Ibn Al Qayyim stated, “The need for Fuqaha’ is more important to the people than food and drink. Obedience to them is more important than obedience to your parents.” He then quoted this ayah: !"# $%& !"# ' $%& ( ) * + , -./ , 012 3 45 , 06 4) 78 9": ; < := > " $%& ? 4 @ 3 AB C3 “O you who believe! Obey Allâh and obey the Messenger (Muhammad SAW), and those of you (Muslims) who are in authority [fuqaha’]. (And) if you differ in anything amongst yourselves, refer it to Allâh and His Messenger (SAW), if you believe in Allâh and in the Last Day. That is better and more suitable for final determination” (alQur’an 4:59) This doesn’t mean that one should revolt against their parents; it’s just that they deserve a different level of obedience that is not at the expense of the other. The need for Muslim scholars is more important to people than food or drink. Food sustains you physically, while scholars sustain you mentally, spiritually and with regards to your deen. Qabeelat Tayybah TCE Notes Revolution 1

Faqeeh Says… As-salamu ‘Alaykum my dear students! My name is Faqeeh. Faqeeh is a word derived from Fiqh which in English means “Jurist.” Faqeeh is a title given to the Muslim scholar who specializes in Fiqh and studies issues pertinent to Shari’ah and Islamic law. I’ll be your guide throughout this class of “Evolution of Fiqh” to explain to you and help you understand some of the chapters and terminologies used in this booklet. You’ll be seeing me around frequently under “Faqeeh says…” whenever I think you’ll need me to explain something to you. I ask Allah to help you understand Shari’ah, to teach you Fiqh and to make of you a Faqeeh of today and tomorrow. At the end of this course, ISA you will be able to: • Begin your study of comparative Fiqh with confidence • Appreciate and share with others the blessed lives of the four Imams • Understand the history of Islamic Law, how it started, stages of development, and where we are today • Understand the reasoning behind different opinions • Carry on empowered dialogues with people of opposing views • Discuss issues of Fiqh with proper etiquette Qabeelat Tayybah TCE Notes Revolution 2

Introduction Knowledge is Sacred DE F G $& (HI J K) ; 6 $ K 9L&0I > !K C 9M N O 9PP1 $& 4) . J & ! *+ Q1 “And of men and AdDawâb (moving living creatures, beasts, etc.), and cattle, in like manner of various colours. It is only those who have knowledge among His slaves that fear Allâh. Verily, Allâh is AllMighty, OftForgiving” (alQur’an 35:28)

Chapter 1 of 984 min read

Introduction

مقدمة

Preface When you take a look at Muslims living in Muslim countries, you find out that they are hardly organized. It is commonplace to find some cutting the line at a bus stop or at a food store. When it is time for salaah however, they stand together one line without any commotion. Many talk over each other, but during the Friday khutbah, they remain quiet. It’s almost accepted amongst them to be always late, yet the athaan is always called on time. Have you ever wondered why? It is because the Islamic System, or Shari’ah, inculcates organization and justice in the lives of the Muslims. Unfortunately, they are not following it anymore. Additionally, Shari’ah is commonly misinterpreted to denote only the laws of punishments and barely anything else. Shari’ah however, is universal in its essence. It guides and governs all aspects of a Muslim’s life. The rule of Shari’ah has prevailed for over 1200 years, more than any other system on the face of this earth. Why? Because it is divine decree from The Creator Who knows what is best for His creation. Shari’ah started with the beginning of revelation; with the word Iqra’. The prophet (Peace Be Upon Him) carried it and gave it to the sahaaba who passed it on to the following generations. “… Then the cities of Islam grew, and illiteracy disappeared from among the Arabs because of their constant occupation with the Qur’an. After that, the development of Fiqh took place. Fiqh was perfected and came to be a craft and a science. The Qur’an readers were no longer called Qur’an readers but Fuqaha’ (jurists) and religious scholars. ” [Ibn Khaldun, al-Muqaddinah] Ibn Al Qayyim stated, “The need for Fuqaha’ is more important to the people than food and drink. Obedience to them is more important than obedience to your parents.” He then quoted this ayah: !"# $%& !"# ' $%& ( ) * + , -./ , 012 3 45 , 06 4) 78 9": ; < := > " $%& ? 4 @ 3 AB C3 “O you who believe! Obey Allâh and obey the Messenger (Muhammad SAW), and those of you (Muslims) who are in authority [fuqaha’]. (And) if you differ in anything amongst yourselves, refer it to Allâh and His Messenger (SAW), if you believe in Allâh and in the Last Day. That is better and more suitable for final determination” (alQur’an 4:59) This doesn’t mean that one should revolt against their parents; it’s just that they deserve a different level of obedience that is not at the expense of the other. The need for Muslim scholars is more important to people than food or drink. Food sustains you physically, while scholars sustain you mentally, spiritually and with regards to your deen. Qabeelat Tayybah TCE Notes Revolution 1

Faqeeh Says… As-salamu ‘Alaykum my dear students! My name is Faqeeh. Faqeeh is a word derived from Fiqh which in English means “Jurist.” Faqeeh is a title given to the Muslim scholar who specializes in Fiqh and studies issues pertinent to Shari’ah and Islamic law. I’ll be your guide throughout this class of “Evolution of Fiqh” to explain to you and help you understand some of the chapters and terminologies used in this booklet. You’ll be seeing me around frequently under “Faqeeh says…” whenever I think you’ll need me to explain something to you. I ask Allah to help you understand Shari’ah, to teach you Fiqh and to make of you a Faqeeh of today and tomorrow. At the end of this course, ISA you will be able to: • Begin your study of comparative Fiqh with confidence • Appreciate and share with others the blessed lives of the four Imams • Understand the history of Islamic Law, how it started, stages of development, and where we are today • Understand the reasoning behind different opinions • Carry on empowered dialogues with people of opposing views • Discuss issues of Fiqh with proper etiquette Qabeelat Tayybah TCE Notes Revolution 2

Introduction Knowledge is Sacred DE F G $& (HI J K) ; 6 $ K 9L&0I > !K C 9M N O 9PP1 $& 4) . J & ! *+ Q1 “And of men and AdDawâb (moving living creatures, beasts, etc.), and cattle, in like manner of various colours. It is only those who have knowledge among His slaves that fear Allâh. Verily, Allâh is AllMighty, OftForgiving” (alQur’an 35:28)