Chapter 5 of 987 min read

5. Fiqh as Fard al-Kifayah (Community Obligation)

الفقه كفرض كفاية

Fard al-Kifayah is an obligation upon the community as a whole. If no one in the community performs it, then the whole community is sinful. If some members perform it, then that will be sufficient and the liability will be removed from the whole community. An example of that is the funeral prayer. Ibn Taymiyyah mentioned that people are like birds, they flock together, they see other people and they imitate them. By looking around and seeing how others pray, they begin practicing in the same way. It is important to know how and why we practice our deen the way we do. When we reach the age of puberty, we need to learn and verify whether what we learned in our childhood (from parents, elders, etc.) is correct. Qabeelat Tayybah TCE Notes Revolution 4

Defining the Code Faqeeh Says… Now here are some terms that you need to get familiar with; you might find an English literal meaning for them, but the Arabic term is more profound. So you need to state learning how to say them in Arabic keeping in mind their profound meaning. Technical Definitions • Fiqh: Literally Means: The True understanding of what is intended Technically Means: The science of deducing Islamic laws from evidences found in the sources of Islamic Law “To whomsoever Allah wishes good, He gives the Fiqh (true understanding) of the religion” (alBukhari and Muslim) → What is the nature of fiqh? Even though fiqh seems like a set of rules and practices, it is still considered part of your faith and belief. We are obligated to believe that we abstain from haraam actions because they have been made forbidden by Allah. Imam at-Tahawi in his Aqeedah book mentioned the issue of the permissibility of wiping over the socks as a part of aqeedah because the Shia and the Khawarij did not believe in this. → How can a person become a faqeeh? Go to Islamic law school. If you can’t, then read as much books of fiqh as possible. ارر ا آ →What was fiqh like before Islam? Nations and tribes had their own laws and customs, or fiqh, before Islam. When Allah revealed the Qur’an, it didn’t completely cancel the rules before it. Some were from the time of Ibrahim, like the rituals of Hajj. Others, like Qisaas (retribution) were kept to deter people from falling into evil actions. Some laws were upheld while others are abrogated. An example of abrogation is when Khawlah came to the Prophet (Peace Be Upon Him) asking him what to do since her husband pronounced Dhihar (haram to approach, just like his mother) on her. The Prophet (Peace Be Upon Him) extended the old rule that it is final divorce. However, Allah cancelled this position. 4 \ d 4 VQ b D e^Q bM f0 , b J 4 + ! Z _ 7DK J? $& $? 4 d1 3 < J0 gQ: 4 &J!3 (i ( / > "T , Fj J , VQ b "!? 00 > ! #5 , UR07 J , J0 4 k"7 aD0 + F 8 ; &3 $ M $& ? @ 0 ; < 9" 9E 1 , & $& And those who make unlawful to them (their wives) (by Az-Zihâr) and wish to free themselves from what they uttered, (the penalty) in that case (is) the freeing of a slave before they touch each other. That is an admonition to you (so that you may not return to such an ill thing). And Allâh is All-Aware of what you Qabeelat Tayybah TCE Notes Revolution 5

do. And he who finds not (the money for freeing a slave) must fast two successive months before they both touch each other. And for him who is unable to do so, he should feed sixty of Miskîn (poor). That is in order that you may have perfect Faith in Allâh and His Messenger. These are the limits set by Allâh. And for disbelievers, there is a painful torment. (alQur’an 58:3-4) → How does Fiqh work as the Islamic bond in the global Muslim community? Fiqh is supposed to be a source of unity. Lack of knowledge has made it a source of division. Hijab for instance is supposed to unify the appearance of Muslim women. The same goes for the beard and the shalwar for men. However, when Ramadhan comes, you always find people arguing about moon sighting, the number of rak’ahs for taraweeh, the speed of the recitation, etc. This can be traced back to the lack of knowledge and acceptance of other valid views. • Shari’ah: Literally Means: The straight path. It is also used to denote a stream or a river. Technically Means: The divine revelation and knowledge which is only obtained from the Qur’an and Sunnah. 4 J &! . \ UQ 03 !Q 3 , C D e^!/ ( &1 l &!S Z “Then We put you, [O Muhammad], on an ordained way concerning the matter [of religion]; so follow it and do not follow the inclinations of those who do not know” (alQur’an, 45:18) → Were there other “Shari’ahs before Islam? There existed other Shari’ahs like those of the Jews, Christians, Persians, etc. → What was the Shari’ah of the Arabs before Islam? They partially followed of the Shari’ah of Ibrahim, especially in Hajj. They did it in their own way though. Another example is the rebuilding of the Ka’bah. They also believed that the water of Zamzam is blessed. When the Prophet (Peace Be Upon Him) conquered Makkah, he found a picture of Ibrahim and Ismail inside the Ka’bah divining arrows. He got mad and said that this was a lie against Ibrahim. • Tashree’ (legislation): Literally means: The process of Legislation Technically means: Establishing the Shari’ah, elucidating the rulings and canonizing the law ( c DF D m/ "\?) $? " c ;" ) "8 n k8 K $? J"b 4 (7"1 ( ( &1 Q 6 $", b N03 DF Q0j $& $" ) \ 1F3 a6H J . H $" ) o" $" ) nF “He has ordained for you of religion what He enjoined upon Noah and that which We have revealed to you, [O Muhammad], and what We enjoined upon Abraham and Moses and Jesus – to establish the religion and not be divided therein. (alQur’an, 42:13) Qabeelat Tayybah TCE Notes Revolution 6

The two different sources of Tashree’ in comparison: Divine Legislation Human Legislation The primary sources are the Qur’an and Sunnah The source is humans (parliament, congress, etc.) For disobedience we are held responsible in this life and in the hereafter. For disobedience we are held responsible in this life (“Everything is legal until you get caught”) Accountability is before Allah Accountability is to the law of the land Shari’ah defines the universal rules and is unchangeable. However, the outcome of the general rules are subject to change (i.e. Imam Shafi’i gave different fatwas in Iraq than in Egypt ) Laws are changeable according to popular opinion (ex. Homosexuality in some countries is becoming acceptable) Diving Legislation considers both positive and negative repercussions of laws (i.e. there is reward for doing good and punishment for the sins) Human Legislation only considers the negative repercussions of the law (i.e. usually emphasize the negative, if you pay $10,000 extra in taxes, you don’t get rewarded. If you pay a penny less, you get fined) What Then Is the “Evolution of Fiqh”? Evolution of Fiqh – The legal science which studies the historical factors behind the formulation of Fiqh, its sources (the Shari’ah), the emergence of the Fuqaha’ (Jurists), and the development of the various Madhahib (Schools of Thought), starting from the beginning of the revelation along throughout the different eras until today. Interchangeable Terminology! Defining the relationship amongst the different terms: • Shari’ah: The source of Fiqh and Islamic law • Tashree’: The process/procedure • Fiqh: The outcome, the deduction • The Evolution of Fiqh: The history of all Many English books use the terms Shari’ah and Fiqh interchangeably. Please be aware of the difference. The Distinction between Fiqh and Shari’ah: Shari’ah Fiqh The body of revealed laws The body of the rulings deduced from those laws Shari’ah is fixed and unchangeable Subject to change based on circumstances The laws of Shari’ah are considered general principles The rules of fiqh are specific and detailed Qabeelat Tayybah TCE Notes Revolution 7

Who is the Musharri’ee?

Chapter 5 of 987 min read

5. Fiqh as Fard al-Kifayah (Community Obligation)

الفقه كفرض كفاية

Fard al-Kifayah is an obligation upon the community as a whole. If no one in the community performs it, then the whole community is sinful. If some members perform it, then that will be sufficient and the liability will be removed from the whole community. An example of that is the funeral prayer. Ibn Taymiyyah mentioned that people are like birds, they flock together, they see other people and they imitate them. By looking around and seeing how others pray, they begin practicing in the same way. It is important to know how and why we practice our deen the way we do. When we reach the age of puberty, we need to learn and verify whether what we learned in our childhood (from parents, elders, etc.) is correct. Qabeelat Tayybah TCE Notes Revolution 4

Defining the Code Faqeeh Says… Now here are some terms that you need to get familiar with; you might find an English literal meaning for them, but the Arabic term is more profound. So you need to state learning how to say them in Arabic keeping in mind their profound meaning. Technical Definitions • Fiqh: Literally Means: The True understanding of what is intended Technically Means: The science of deducing Islamic laws from evidences found in the sources of Islamic Law “To whomsoever Allah wishes good, He gives the Fiqh (true understanding) of the religion” (alBukhari and Muslim) → What is the nature of fiqh? Even though fiqh seems like a set of rules and practices, it is still considered part of your faith and belief. We are obligated to believe that we abstain from haraam actions because they have been made forbidden by Allah. Imam at-Tahawi in his Aqeedah book mentioned the issue of the permissibility of wiping over the socks as a part of aqeedah because the Shia and the Khawarij did not believe in this. → How can a person become a faqeeh? Go to Islamic law school. If you can’t, then read as much books of fiqh as possible. ارر ا آ →What was fiqh like before Islam? Nations and tribes had their own laws and customs, or fiqh, before Islam. When Allah revealed the Qur’an, it didn’t completely cancel the rules before it. Some were from the time of Ibrahim, like the rituals of Hajj. Others, like Qisaas (retribution) were kept to deter people from falling into evil actions. Some laws were upheld while others are abrogated. An example of abrogation is when Khawlah came to the Prophet (Peace Be Upon Him) asking him what to do since her husband pronounced Dhihar (haram to approach, just like his mother) on her. The Prophet (Peace Be Upon Him) extended the old rule that it is final divorce. However, Allah cancelled this position. 4 \ d 4 VQ b D e^Q bM f0 , b J 4 + ! Z _ 7DK J? $& $? 4 d1 3 < J0 gQ: 4 &J!3 (i ( / > "T , Fj J , VQ b "!? 00 > ! #5 , UR07 J , J0 4 k"7 aD0 + F 8 ; &3 $ M $& ? @ 0 ; < 9" 9E 1 , & $& And those who make unlawful to them (their wives) (by Az-Zihâr) and wish to free themselves from what they uttered, (the penalty) in that case (is) the freeing of a slave before they touch each other. That is an admonition to you (so that you may not return to such an ill thing). And Allâh is All-Aware of what you Qabeelat Tayybah TCE Notes Revolution 5

do. And he who finds not (the money for freeing a slave) must fast two successive months before they both touch each other. And for him who is unable to do so, he should feed sixty of Miskîn (poor). That is in order that you may have perfect Faith in Allâh and His Messenger. These are the limits set by Allâh. And for disbelievers, there is a painful torment. (alQur’an 58:3-4) → How does Fiqh work as the Islamic bond in the global Muslim community? Fiqh is supposed to be a source of unity. Lack of knowledge has made it a source of division. Hijab for instance is supposed to unify the appearance of Muslim women. The same goes for the beard and the shalwar for men. However, when Ramadhan comes, you always find people arguing about moon sighting, the number of rak’ahs for taraweeh, the speed of the recitation, etc. This can be traced back to the lack of knowledge and acceptance of other valid views. • Shari’ah: Literally Means: The straight path. It is also used to denote a stream or a river. Technically Means: The divine revelation and knowledge which is only obtained from the Qur’an and Sunnah. 4 J &! . \ UQ 03 !Q 3 , C D e^!/ ( &1 l &!S Z “Then We put you, [O Muhammad], on an ordained way concerning the matter [of religion]; so follow it and do not follow the inclinations of those who do not know” (alQur’an, 45:18) → Were there other “Shari’ahs before Islam? There existed other Shari’ahs like those of the Jews, Christians, Persians, etc. → What was the Shari’ah of the Arabs before Islam? They partially followed of the Shari’ah of Ibrahim, especially in Hajj. They did it in their own way though. Another example is the rebuilding of the Ka’bah. They also believed that the water of Zamzam is blessed. When the Prophet (Peace Be Upon Him) conquered Makkah, he found a picture of Ibrahim and Ismail inside the Ka’bah divining arrows. He got mad and said that this was a lie against Ibrahim. • Tashree’ (legislation): Literally means: The process of Legislation Technically means: Establishing the Shari’ah, elucidating the rulings and canonizing the law ( c DF D m/ "\?) $? " c ;" ) "8 n k8 K $? J"b 4 (7"1 ( ( &1 Q 6 $", b N03 DF Q0j $& $" ) \ 1F3 a6H J . H $" ) o" $" ) nF “He has ordained for you of religion what He enjoined upon Noah and that which We have revealed to you, [O Muhammad], and what We enjoined upon Abraham and Moses and Jesus – to establish the religion and not be divided therein. (alQur’an, 42:13) Qabeelat Tayybah TCE Notes Revolution 6

The two different sources of Tashree’ in comparison: Divine Legislation Human Legislation The primary sources are the Qur’an and Sunnah The source is humans (parliament, congress, etc.) For disobedience we are held responsible in this life and in the hereafter. For disobedience we are held responsible in this life (“Everything is legal until you get caught”) Accountability is before Allah Accountability is to the law of the land Shari’ah defines the universal rules and is unchangeable. However, the outcome of the general rules are subject to change (i.e. Imam Shafi’i gave different fatwas in Iraq than in Egypt ) Laws are changeable according to popular opinion (ex. Homosexuality in some countries is becoming acceptable) Diving Legislation considers both positive and negative repercussions of laws (i.e. there is reward for doing good and punishment for the sins) Human Legislation only considers the negative repercussions of the law (i.e. usually emphasize the negative, if you pay $10,000 extra in taxes, you don’t get rewarded. If you pay a penny less, you get fined) What Then Is the “Evolution of Fiqh”? Evolution of Fiqh – The legal science which studies the historical factors behind the formulation of Fiqh, its sources (the Shari’ah), the emergence of the Fuqaha’ (Jurists), and the development of the various Madhahib (Schools of Thought), starting from the beginning of the revelation along throughout the different eras until today. Interchangeable Terminology! Defining the relationship amongst the different terms: • Shari’ah: The source of Fiqh and Islamic law • Tashree’: The process/procedure • Fiqh: The outcome, the deduction • The Evolution of Fiqh: The history of all Many English books use the terms Shari’ah and Fiqh interchangeably. Please be aware of the difference. The Distinction between Fiqh and Shari’ah: Shari’ah Fiqh The body of revealed laws The body of the rulings deduced from those laws Shari’ah is fixed and unchangeable Subject to change based on circumstances The laws of Shari’ah are considered general principles The rules of fiqh are specific and detailed Qabeelat Tayybah TCE Notes Revolution 7

Who is the Musharri’ee?