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Fiqh 101
Vocabulary, Names, and books mentioned in Fiqh 101
61
Religious Studies
Undergraduate 1
01/19/2015

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Term
Main Reasons for Conflicting Rulings
Definition
Word meanings (shared literal, liberal and figurative, grammatical), Narrations of hadith (availability, weak narrations, conditions for acceptance, and resolution of textual conflict), Admissability of certain principles, and methods of Qiyaas.
Term
Istiqsaa
Definition
Prayer for rain. (Abu Haneefah ruled that it did not include prayer in Jamaa'a, but his students and other imaams agreed that it in Jamaa'a was correct)
Term
Mash-Hoor Hadith
Definition
A hadith that is well-known.
Term
Mursal Hadith
Definition
A hadith reported by students of the Sahaabah without mentioning the name of the sahaabi
Term
TarjeeH
Definition
Giving preference to some ahadeeth while rejecting others on the same topic, also = favouring an opinion over another, where they are similar (the scholars started a process of weeding out weak opinions, inside the madhab, favoring the stronger opinions, an element of itjihaad madhabi)
Term
Jama'with ahadeeth
Definition
Combining two ahadeeth where the scholar is trying to resolve a conflict between two saheeh ahadeeth on an issue, using one of the ahadeeth in a general sense.
Term
Ijma'
Definition
Consensus among scholars (Imam Ahmed rejected its validity past the time of the Sahaabah)
Term
The Period of Consolidation
Definition
950-1258 CE: madhab factionalism widespread, only four madhabs, itjihaad made within madhab, beginning compilation of fiqh.
Term
Furoo'
Definition
Secondary principles of fiqh
Term
TarjeeH
Definition
Favoring certain opinions within a madhab over other opinions within the same madhab.
Term
TasHeeH
Definition
Filtering out weak and fabricated statements which were earlier attributed to the founders of the madhabs
Term
Mutawaatir
Definition
Hadith narrated by so many authentic chains that it is impossible that they could be reporting a lie
Term
The Period of Stagnation and Decline
Definition
1258-mid 19 century CE: beginning with sacking of Baghdaad, closing the door to itjihaad, taqleed and factionalism, madhabs resembled sects, writing only commented on earlier works, name-calling "Wahhabi", "Ahli Hadeeth"
Term
Ittiba'
Definition
To follow a scholar in his teachings where he is correctly applying the Qur'an and sunnah
Term
Taqleed
Definition
To follow a teacher in everything he does, regardless of the evidence from Qur'an and sunnah
Term
Majallah al-Ahkaam al Adilah
Definition
'The Just Codes', Islamic law codified in 1876, enforced by law by the Ottoman Sultans, but contributing scholars were all Hanafi
Term
Reformers
Definition
The few outstanding scholars opposed to Taqleed, daring to raise the banner of itjihaad, calling for the return to the roots of the religion, and reliance on the foundations of Islamic law above all else.
Term
Students of Ibn Taymiyyah
Definition
Ibn al Qayyim, Adh-dhahabi, Ibn Katheer
Term
Ahmed Ibn Taymiyyah
Definition
Foremost among reformers of his time, jailed repeatedly for supposed 'apostating', master of Islamic sciences, took part in jihad against Mongols.
Term
Muhammad ibn Ali ash-Shawkani
Definition
After becoming an outstanding scholar of the Zaydi madhab, he began making independent itjihaad, took the position that taqleed was Haraam, wrote a book on the topic, and was under attack from most of the scholars of his time.
Term
Shah Waliullah Dihlawi
Definition
Mastered the various Islamic sciences, called for the re-opening of the door of itjihaad, rejuvenated the study of hadeeth, but did not go so far as to reject the existing schools.
Term
Jamaal ad-Deen al Afghani
Definition
Modern thinker, travelled throughout the Muslim world calling for reform, denounced Taqleed, calling for free political, religious, and scientific thought, but some of his ideas were extremist.
Term
Muhammad Abduh
Definition
Among Afghani's students, influenced by Ibn Taymiyyah, raised itjihaad high and denounced Taqleed, but leaned towards extreme modernism, explaining away all the miracles attributed to the Prophet.
Term
Shirk fee tawheed al it'tiba'
Definition
Sharing the unquestioned following that belongs only to the Prophet
Term
Two categories into which differing rulings fall
Definition
Contradictory: opposing opinions that cannot be held simultaneously
Variational: Opposing opinions that could be held at different times
Term
Quote from Abu Haneefah
Definition
"It is forbidden for anyone who does not know my proofs to make a ruling according to my statements, for verily we are only humans; we may say something today and reject it tomorrow."
Term
Quote from Imam Malik
Definition
"Verily I am only a man, I err and am at times correct; so thoroughly investigate my opinions, then take whatever agrees with the Book and the Sunnah, and reject whatever contradicts them."
Term
Quote from Imam ash-Shafi'i
Definition
"There is no one among us who has not had a Sunnah of Allah's Messenger elude him or have one slip his mind; so no matter what rulings I have made or fundamental principles I have proposed, there will be in them things contrary to rulings of Allah's Messenger. Therefre, the correct ruling is according to what Allah's Messenger said, that that is my ruling."
Term
Quote from Imam ibn Hanbal
Definition
"The opinions of al-Awza'i, Malik and Abu Haneefah are simply opinions and to me they are all equal, but the real criterion for right or wrong is in the hadiths."
Term
Ikhtilaaf
Definition
Differences amongst the Ummah
Term
Authenticity of "disagreement among my nation is a mercy"
Definition
It has no chain of narration connecting it to anyone, not found in any book of hadith, fabricated.
Term
Authenticity of "differences among my Sahaabah are a mercy for you"
Definition
Although found in books of or about hadith, it has been proven inauthentic, extremely weak.
Term
Authenticity of "My sahaabah are like stars"
Definition
Fabricated
Term
Factors affecting the madhabs
Definition
1) Conditions of the Muslim state
2) Status of religious leadership
3) Communication among scholars
Term
The Stages of the Evolution of Fiqh
Definition
1) Foundation, 2) Establishment, 3)Building, 4) Flowering, 5)Consolidation, 6)Stagnation and Decline
Term
Dynamic Fiqh
Definition
Mixture of preceding stages of fiqh evolution, avoiding factionalism and sectarianism due to madhabs
Term
Ikhtilaaf TaDaad
Definition
Totally opposite rulings which cannot logically be simultaneously correct(i.e. 'halal' and 'haraam'.)
Term
Ikhtilaaf Tanawwu'
Definition
Conflicting rulings which are logically acceptable variations which can coexist
Term
The dilemma facing new Muslims regarding madhabs
Definition
The idea that, "All madhabs are correct, just follow one of them."
Term
Fiqh
Definition
The science of deducing Islamic laws from evidence found in the sources of Islamic law.
Term
Shari'ah
Definition
a waterhole (literal), straight path (Qur'anic) It is the sum total of Islamic laws which were revealed to the Prophet Muhammad, and which are recorded in the Qur'an as well as deducible from the Prophet's lifestyle.
Term
Shari'ah is the body of revealed laws found both in Qur'an and Sunnah, while
Definition
Fiqh is a body of laws deduced from Shari'ah to cover specific situations not directly treated in Shari'ah law.
Term
Shari'ah is fixed and unchangeable, whereas
Definition
Fiqh changes according to the circumstances under which it is applied.
Term
The laws of the Shari'ah are general, laying down basic principles; in contrast,
Definition
The laws of Fiqh tend to be specific; they demonstrate how the basic principles of Shari'ah should be applied in given circumstances.
Term
Madhabs
Definition
Schools of Islamic legal thought
Term
The Makkan Period of Revelation
Definition
The beginning of Prophethood to the hijrah to Madinah. Revelations concerned with building emaan in Tawheed, Allah's existence, the next life, the people of old, Salah, and challenges to imitate the Qur'an.
Term
The Madinan Period of Revelation
Definition
From the Hijrah to the death of Prophet Muhammad. Revelation concerned primarily with the organization of the Muslim state, including laws, Jihad, people of the book, and the munafiqs.
Term
Information contained in Qur'an may be grouped under these headings
Definition
1) Information related to belief in God, His angels, books, prophets, and the affairs of the next life (Ilm al Kalam, Aqeedah)
2) Information related to the deeds of the heart and soul, and moral principles and rules of conduct (Ilm al Akhlaq)
3) Information related to deeds of the limbs and contained within a body of commandments, prohibitions, and choices (Law)
Term
The Legal Content of the Qur'an is comprised of these acts
Definition
1) Dealings between Allah and man
2) Dealings among men
a)laws ensuring and defending propogation of Islam
b)family laws for the development and protection of the family structure
c) trade laws governing business transactions
d) criminal laws governing crime and punishment
Term
In enactment of laws, the Qur'anic revelations are based on these principles
Definition
1) removal of difficulty
2) the reduction of religious obligations
3) the realization of public welfare
4) the realization of universal justice
Term
Problem-Solving Procedures of the Righteous Caliphs
Definition
1) Search Qur'an
2) Search Sunnah
3) Try to get Ijma'
4) Try to get a position of majority
5) Personal itjihaad
Term
Factors preserving unity in the time of the Sahaabah
Definition
1) Caliph's reliance on shoora
2) The ease with which ijma' could be gotten
3) The reluctance of the Sahaabah to give fataawa
4) The infrequent quotation of ahadeeth, due to
a) fear of misquoting the Prophet
b) the fact that Caliph Umar forbade excessive quotation of ahadeeth
Term
Factors Affecting Fiqh
Definition
1) Division of the Ummah
2) Deviation of the Umayyah Caliphs
3) Dispersion of the Ulema
4) Fabrication of Hadith
Term
Usool
Definition
Fundamental Principles
Term
Furoo
Definition
Secondary principles of scientific, philosophical and theological works
Term
Factors affecting the development of fiqh in the period of the Great Imaams
Definition
1) State support for scholars
2) Increase in centres of learning
3) The spread of debate and discussion
Term
Factors affecting the development of fiqh in the period of the minor scholars of the madhabs
Definition
1) Compilation of fiqh
2) Court debates
3) Compilation of Hadiths
4) The organization of fiqh
Term
The Sources of Islamic Law
Definition
1) The Qur'an
2) The Sunnah
3) Opinion of the Sahaabah
4) Qiyas
5) IstiHsaan
6) Urf
Term
Qiyas
Definition
Itjihaad based on evidence found either in the Qur'an, the Sunnah or Ijma', analogical deduction. e.g. classifying marijuana as khamr based on a hadith that every intoxicant is khamr.
Term
IstiHsaan
Definition
The preference of an opinion based on a circumstantial need over an opinion based on Qiyas. (also called IstiHslah)
Term
Urf
Definition
Local customs, as long as they did not contradict any of the principles of Islamic law. e.g. local marriage customs concerning dowry payment
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