5. Customs are given consideration

You will find these principles frequently used throughout the book. • Fiqh is either studied according to one madhab (fiqh madhhabi) or according to the various schools of fiqh recognized by the ummah as well as the opinions of independent scholars, and that is called "fiqh muqaran" 9 International University in Latin America (comparative fiqh). There are benefits in every method, but most of the scholars recommend for the beginner on the path of the serious seeking of knowledge to start with one madhab. In this work, we will follow their advice by choosing a classical matn of fiqh madhhabi, which is here hanbali. We will add a flavor of comparative fiqh in the footnotes to attain some of the benefits of this method as discussed here below. • The fiqh is usually divided into two large categories: Fiqh of Worship (fiqh al-'ebadat) and Fiqh of Interpersonal Dealings and Personal Conduct (fiqh al-mu'amalat wa al-adaab ashshar'eyah). Fiqh al-'ebadaat includes the chapters of Purification, Prayers, Funerals, zakah, Fasting and Pilgrimage.

In this first part, we will have Purification, Prayers and Funerals. • The book of al-'Umdah is an abbreviated book of Fiqh according to the hanbali school of Fiqh (madhab). The abbreviated books used to be called "matn" (text). Then, commentaries (shurooh, pl. of sharh) and footnotes and side notes would be added (hawashi, pl. of hasheyah). The mutoon (pl. of matn) were meant to be decisive and easy to memorize by the students of knowledge. They served as a code. 10 International University in Latin America • Al-'Umdah is highly regarded within the hanbali madhab and it is written by one of the greatest scholars within the madhab as well as in the history of Islam, which is Imam Ibn Qudamah (may Allah bestow mercy on him) who died in the year 620 A.H. • The reason why I chose to write a brief commentary on the book vs. using one of the older and certainly more credible ones written by our greater scholars of the past is to place more emphasis on the issues that face the contemporary Muslims more frequently.

Also, Muslims who live in English speaking countries may have different needs that I meant to address. I also added some views from outside of the madhab when indicated. This is particularly important knowing that many of the contemporary students may only study one book. • Quoting opinions that are contrary to those of the author's should not be perceived as a form of disrespect for the author, who was one of the greatest in the history of Islam, to the point that Imam Ibn Taymeah said that no one has entered ash-Sham after al-Awza'ey that is more knowledgeable than al-Muwaffaq (Ibn Qudamah). The scholars of the past and present differed and will continue to differ in the future in-sha'-Allah. The opinions that I present here are for notable scholars as well, and the truth is not confined within one madhab or one scholar's positions.

That 11 International University in Latin America doesn't mean that what I consider to be strong is in fact stronger, for I am in no position to say that. I have, therefore, chosen to avoid the use of words such as stronger or weaker, and when I believe in the strength of a particular position, I simply call it strong. It remains the reader's responsibility to seek what he feels is more consistent with the proof. • Some of the other benefits of mentioning opinions from within and without the madhab of the author include getting us used to the disagreements between the jurists and learning why they differed, which will make us have more respect for all of them and appreciation for their ijtihad (Expert reasoning). Also, it would help us recognize other strong and popular opinions that are different from the author's. This may have various benefits and may spare us from uneducated and often futile debates. • It would be a valid question to say, if you will not abide by the opinions of al-'Umdah why call the book an exegesis of the 'Umdah, and why not gather opinions from different books and give the new book a different name?

The reply to this is that the student of knowledge should attempt to memorize (or come close) the text of one single classical book like al-'Umdah written by one of Islam's greatest scholars of all times like Ibn Qudamah. Then, the student of knowledge may broaden his horizons by learning about the various opinions of the other equally great scholars of Islam. This method would protect him from confusion, and unless 12 International University in Latin America the truth is obvious to him to be with another scholar, he should abide by the opinion of the madhab he chose to study. Hopefully, having the 'Umdah on the top of the page and separate from the commentary will help the student make a visual distinction in his memory between the text and the commentary. • It is also noteworthy to mention here that I tried to avoid adding anything to the text (matn) except when I felt necessary or helpful to add some titles or explanations. You will find those additions clearly demarcated by being inside the cornered brackets [ ]. • H, M, S, A used to refer to the different madhhabs in the footnotes do not mean that it is the only opinion within the madhab.

Nor do they always mean it is the opinion of the founder, for sometimes another opinion contrary to the founder's becomes the more popular. That is because our great jurists, particularly the earlier ones were seekers of the truth, not zealots. • The use of "should" before a recommendation doesn't necessarily mean it is obligatory, for it may be preferable or mandatory, likewise, the use of "should not" doesn't mean it is forbidden, for it may be disliked or forbidden. When "must" and "must not" are used, it means an obligation or prohibition respectively. 13 International University in Latin America Acknowledgements: • I used the website resources for looking up textual evidence, verifying authenticity of reports and obtaining translations of different verses of the Quran and ahadeeth, as well as some quotations of the earlier and latter scholars. Of the sites I benefited from the most are: • I also benefited from Jamal Zarabozo's translation of Fiqhus-Sunnah, the blessed book by the late scholar Sayed Sabiq (may Allah bestow mercy on him) which is made available at www.usc.edu. I made some modifications to the translation when I felt necessary. I also benefited from the translation of "'Umdat as-Salik" named "Reliance of the Traveller" by Nuh Ha Mim Keller. • I would, finally, like to thank all members of the staff of the Shariah Academy of America (SAA), who were instrumental in encouraging me to finish the first part of this work for the benefit of their students. • May Allah greatly reward all of those who diligently, relentlessly and tirelessly work for the cause of this beautiful religion and may He pardon them, forgive their shortcomings and faults and may He be pleased with them. 14 International University in Latin America < THE INTRODUCTIONBY THE AUTHOR OF THE BOOK OF AL-`UMDAH