Mustahab acts of Whudu which have not been mentioned in Qudoori.

Some Mustahab acts of Whudu which have not been mentioned in Qudoori.

1)      Sprinkle water after whudu

Narrated by Abu Huraira that the Prophet said, “Jibraeel came and said, “O Muhammed, when you finish whudu sprinkle water”. – Mentioned by Imam Tirmidhi who said it is Gareeb. Similar hadith have been mentioned by ibn Abbas, Zaid bin Harith and Abu Saeed Al Khudri.

Ruling: Mustahab

Wisdom: To remove doubts

2)      Using a towel/handkerchief after Salah

Narrated by Aysha that Prophet would use a piece of cloth after whudu. – Mentioned by Imam Tirmidhi, however he mentions this hadith is Da’eef according to the people of Hadith.

Narrated by Muadh ibn Jabal that he saw the Prophet do whudu then wipe his face with the corner of his cloth. – Mentioned by Imam Tirmidi who says this hadith is Gareeb, with a weak chain of narration.

Ruling: Mubah/etiquette.

3)      Prophet did whudu/ghusal with one mud (Type of pot)

Narrated by Safina that the Prophet did whudu with one mudd and washed with one sa’a – Mentioned by Imam Tirmidhi who says it is Sahih – this is the view of the people of the knowledge.

4)      Makrooh to waste water

Narrated by Ubay bin Ka’ab that the Prophet said, “There is shaytan for whudu whose name is Walahan, so save your self from the Waswasa of Whudu”. – Imam Tirmidhi who say it is Gareeb.

Another hadith – Abdullah ibn Umar narrates “The Prophet passed by Sa’d while he was performing whudu and said ‘What is this extravagance Sa’d? He said: Is there extravagance in the use of water? The Prophet said yes, even if you at a flowing river”. – Ibn Majah

Prophet said, “There will be people from my nation who will transgress in making supplications and in purifying themselves” – Abu Dawud

5)      Whudu for every salah?

Narrated by Anas that the Prophet did whudu for every salah, when in the state of purification and when not in the state of purification. – Mentioned by Imam Tirmidhi Gareeb Hasan, also narrated by amir al Al ansari.

Ruling: Mustahab to do new whudu, not wajib.

Virtue: “ Whoever does whudu upon whudu, Allah writes down 10 rewards”.  – Imam Tirmidhi – although the chain is weak.

6)      Praying numerous salah with one whudu

Sulaiman narrates from his father that the Prophet did whudu for every salah, when the conquest of Makkah took place the Prophet prayed numerous salah with one whudu.

7)      Drinking leftover water of whudu.

·         Narrated by Hussain bin Ali that his father Ali asked for whudu water. He did the entire whudu, then he stood up and said, “Bring the left over whudu water to me”. He drank standing up, I looked astonished. Ali said, “Do not seem astonished, because I have seen the Prophet do what you have seen be do”.  (Mentioned in Nasai, Tawahi)

8)      Masah on Amamah.

·         Hadith in Muslim proving that the Prophet did masha on the Amama.

·         However many other hadith prove the Prophet did masah beneath the amama. (Abu Dawood) Hafiz Ibn Hajar, Sha'fee, Malik, Tirmidhi)

9) Using the finger to clean teeth if the person does not have miswak. (Tabrani)

10)  Inserting the little finger inside the ear (Ibn Hibban, ibn khuzaymah & Ibn mandah has graded it sahih)

11) Refrain from asking for help. However, it is not disliked. (Muslim, 10:134) pouring water is allowed but not rubbing the body parts.

12) Taking extra care to wash more than the actual required area. (Ahmed,16488)

13) Not speaking needless during whudu. (All the ahadith which mention the way prophet did whudu does not mention the Prophet talking)

These are the Musthabaat of Whudu. The Prophet did not have a specific habit on them. Performing them will give more reward, missing them will not result in anything. A person being consistent on the Mustahab will allow him to be consistent on the Sunnats which were mentioned in the previous chapter.

Disliked acts during whudu

1)                  Striking the face violently with water

2)                  rinsing mouth with left hand

3)                  Wiping more than three times

4)                  Reserving water container specially for themselves without any reason

5)                  Using very less water

6)                  Performing whudu in a impure place.

When whud is Fardh, wajib & Sunnah

Whudu is fardh in the below situations:

• Salah includes Funeral Prayer, Sajdah Tilawah.
• Touching the Quran
• Waqiah, 79
• No one is to touch the Quran except the purified. (Muattwa Imam Malik, 108)

When Whudu is wajib:

• For Tawaf: If done without whudu he does not need to repeat it but a fine has to be given. (Sacrificing a animal)

When whudu is recommended:

• All the time but certain time it is specially recommended:
• When going sleep
• When saying  Allah’s name. (Hadith in Abu Dawood)
• For someone who is in the state of Janabah. Aysha narrates “When the Prophet was in the state of Janabah and wanted to sleep, he would do whudu first”. (Muslim) Someone asked the Prophet what shall we do if we find our self in the state of Janabah the Prophet said, “You should wash your private parts and then sleep”. (Bukhari ) “If one has relation with his wife and wants to repeat the act, one should do whudu”. (Muslim)
• Before doing Ghusal (Shower) Aysha said, When the Prophet did the Ghusal of Janabah, he would begin by washing his right hand then left and then his private parts. He would then do whudu similar to his whudu for salah. (Bukhari)

Lesson Eleven - Sunnan of Whudu proven from Ahadith

The Sunnahs of Purification [sought in Wuḍū’]

Two types of Sunnah:

1. Emphasised Sunnah: A act which the Prophet or companions did most of the time and was not from the their worldly habits. Habitually leaving a emphasised sunnah will be sinful, upon occasion will be blameworthy. It is sinful because of turning away from the command of Allah, “Obey Allah & Obey the Rasul”.
2. Non Emphasised Sunnah: A act which the Prophet did sometimes or was from his worldly habits. Performing the recommended is rewarded, leaving is not sinful nor blameworthy.

The Sunnah definitions vary according to the respective school of thought.

The Author has mentioned nine Sunnats in order:

1. Washing both hands thrice before entering them into the pot [of water] when the person awakes from the sleep.

Hadith : Narrated by Abu Huraira that the Prophet said when one wakes up from sleep, do not dip your hands directly into the pot until they are washed three times. As one does not know where the hands spend the night. (Muslim, 136,278)

The Wisdom for this ruling is that the water will become impure, ruining the purpose of water for everyone. Hence the ruling is that it is not only Sunnah when a person wakes up but also normal circumstances.

Allah Knows Best.

2. Mentioning the name of Allah at the commencement of wuḍū’,

A Hadith in which the Prophet narrated that, "Whoever does not pray Bismillah at the beginning his whudu will not be accepted".(Tirmidhi, 13;25)Majority of the scholars agree that the meaning of this hadith is that it is denoting the fact the entire reward will be lost, not the literal meaning that the whudu will not be accepted.

The four Imams agree that saying Bismiallah is sunnah the hadith to prove this ruling is

Why a person should start with Bismillah:

The prophet said, every action you do start in the name of allah, whudu is an act which is the foundation of other acts so starting it with the name of Allah is spiritually beneficial.

The Prophet said,O Abu Huraira when you perform whudu say "In the name of Allah, and praise belongs to Allah". for the angels who will protect you will continue to write good deeds for you until you break your whudu". (Tabrani with a good narration according to Haytami)

A persons concentration in Salah starts in whudu so praying bismillah will help a person focus.

According to Imam Abu Hanifa & Imam Sha'fee saying the words bismiialh are required.

If the person has forgot to say it at the beginning, it can be said during whudu.

Allah Knows Best.

3. Using the tooth stick,

Hadith to emphasize its sunnah: "If I did not want to make it hard for my ummah I would have given the command of miswak for every salah". (Muslim, 127: 252) Imam Bayhaqi & Imam Bukhari (Muallaq) narrates the Prophet said "every whudu"

Does this hadith mean for every salah or for every whudu?

Imam Shafee is of the view every salah and Imam Abu Hanifa holds the opinion of every whudu.

Miswak itself has many benefits, its benefits are scientifically and Isalmically. The lowest is removing bad odour from the mouth and the highest benefit having the ability to say kalima at the deathbed.

The Ahadith prove the Prophet the time and places the Prophet used Miswak.

Someone asked Aysha what did the Prophet begin with when enter the house she replied, the toothpick. (Bukhari & Tirmidi)

When the Prophet woke at night he would clean his mouth with a tooth stick. (Everyone except tirmidhi)7

Allah Knows Best.

4. Rinsing the mouth (maḍmaḍah),

Meaning: To Gargle

Three Different types of gargling:

1)Spit in Spit out

2)Gargle both sides

3)Mubalaga, to gargle extensively till the water reaches near the throat- (This is sunnat according to most scholars in both gargle and nose)

Hadith to prove ruling:

Hadith:Someone asked Uthman bin Affan about Whudu, he asked for water, a bowl was brought and then he placed it in his right hand and placed in his mouth and gargled three times and placed it in nose three times. (Abu Dawood, 123/226)

Allah Knows Best.

5. Rinsing the nose (istinshāq),

Different types:

1)Istinshaaq 1) tip of nose 2) up to the nose 3) up to the bone. Intinshaar is a process to snuff and force the water up.

In English it is called Natal Irrigation which has many scientific benefits.

Does gargling & rinsing the nose be done together or separate?

3 Imams & Jamhoor combined are of the view 3 times, hence combined. It is proven by a hadith in Muslim, 123/225 & Bukhari. Prophet did both acts with one water.

Imam Abu Hanifa: 6 times/Not combined

Hadith to prove the view of 6 times:

Talha narrates that his father went to the Prophet as the Prophet was doing whudu, water was flicking/coming down from his head, beard and face and he took a gap between gargling and rinsing the Nose. (Abu Dawood, 20/139)

Note: According to Imam Malik Number 4 & 5 are Fardh in whudu.

Allah Knows Best.

6. Wiping both ears,

Hadith to prove this action: Prophet did masah of both head and ears from the outside and inside. (Tirmidhi, 12/36)

Does both the head and ears have to be done with the same water in the same act?

Prophet did masah of the head and said the ears are part of the head. (Tirmidhi, 37) Hence he used the same water.

Imam Sha'fee - to use separate water is sunnah.

Allah Knows Best.

7. Combing the beard [with wet fingers],

Hadith to prove this action: Uthman narrates the Prophet did Khilal (combing) of the beard. (Tirmidhi, 14/31) (Abu Dawood, 21/145)

Difference in beard means difference in washing. All four schools agree if the beard is thin then that one can see through, then then water can just pass through however if it is thick then it is obligatory to wash the outer part. Combing it will be sunnah. (Al Jziri, 78)

Allah knows best.

8. Combing the fingers [of each hand with wet fingers of the opposite hand],

Hadith to prove this action: Ibn Abbass said the Prophet said, "when you do whudu do Khilal of the fingers and the feet. (Tirmidhi, 16/39)

Asim said that his father asked the Prophet about whudu, the Prophet said, "Do your whudu properly, run your wet fingers in the gaps between the fingers and snuff water into your nose except if you are fasting." (Abu Dawud, Nasai, Tirmidhi, Ibn Majah)

If the fingers are very close then wajib.

Wisdom: to ensure the water has reached every place.

Allah Knows Best.

9. Repetition of the washing up to three times.

Either once, twice or three. All are proven, the reason of difference is because the Whudu procedure is narrated by 20 companions.

Doing it once is fardh.

Three times is Sunnah.

Three times allow conviction in whudu as mention in Bukhari, 27/159)

Conclusion: Majority scholars: 3 times is preferred and sunnah.

Hanafi scholars state if it is Waqf water then to do it more than 3 times is Haram if home water then Makrooh.

For more Ahadith read page 70 to 81 of Atharus Sunnan.

Allah Knows Best.  

Lesson Ten - Meaning & Virtues of Whudu. and Obligatory acts of Whudu.

Meaning of Whudu

The literal meaning of Whudu is to shine, beauty, excellence, cleanliness. The reason this process is named 'Whudu' is because the person who does complete whudu with sincerity, the body parts will shine in this world and hereafter. A Hadith to backup this evidence is that a person came to the prophet and asked him how will you recognize your Ummah/followers the Prophet said "from the effects of their whudu". (it will be shining).

The technical/Islamic meaning of Whudu is to use of water on particular parts of the body in a specified manner.

Meaning of Whudu - Ablution and Wadhu with a Fatah means leftover water from whudu.

Is whudu specific for this Ummah?

Whudu is not specific for this ummah as it was also prescribed for previous Ummats (the incident of Sarah) however, compared to other ummahs this Ummah has a special connection to it. Furthermore, the shining parts on the day of qiyamah is a specific for this ummah. It will be a sign of distinction from the other Ummahs. hence, it is a blessing.

Virtues for doing whudu:

Hadith: Narrated by Abu Huraira that I heard the Prophet say “Verily my ummah will be called on the day of judgement with their foreheads and limbs shining, due to the effects of whudu. Whoever has the ability from you to lenghten the whiteness (Nur) should do so through ablution ( Bukhari 136 & Musklim, 35)

Prophet visited a graveyard. The companions asked how will you recognize us on the day of judgement, the Prophet replied tell me if a person was to own a horse with white marking on the forehead and leg. If this horse was to stand among horses of a black colour ,will the horse with the white mark be recognized. they replied yes. The Prophet said, the same why my ummah will be recognized. (Explained in more detail in a hadith mentioned by Muslim, 39)

Abu Huraira narrates I heard my best friend the Prophet say on the day of judgement the light of a believer shall extend to as far as his ablution reaches. (Muslim,40 Ahmed 2/371)

Narrated by Uthman ibn Affan that the Prophet said, Whoever does whudu propely sins will fall from the body until sins will fall from the fingertips. (Muslim, 33) Another hadith mentions each body part individually, ending of the hadith is until he is clean from sins.

In conclusion, the following virtues of whudu can be derived from the Ahadith:

1) Body parts shining

2) Sins will be forgiven. what type of sins. minor sins as scholars say major sins are only forgiven through taubah. to have your sins forgiven there are conditions:

1) With sincerity

2) Complete whudu
3)Have a light

Wisdom behind Whudu:

A person would not go to the queen is a impure state so we are more obliged to stand in front of Allah is a pure state.

Meaning of obligation:

A command proven by an established text whose meaning is decisive and not open to interpretation. Person doing it will be rewarded and not doing will be punished. If this act is left out from a entire action then the entire action will be invalid. The person has to believing in it and not believing in it can result to disbelief and completely leaving it will be sinful.

How many faraidh in whudu

According to the Hanafi Madhab there are four Faraidh of Whudu, Sha'fee and Hanbali are of the view there are six and finally the Maliki Madhab are of the view there are seven Faraidh of Whudu.

*All agree on the four Faraidh that are mentioned in the Quran Ayah. A person should try and do a complete whudu in order to have his Whudu accepted by all Madhabs.

Meaning of Washing (Ghusal) :

Jamhoor (majority of the schoalrs ) say to completly get wet, which means that some water has to fall on the floor. Imam Yusuf say to get it damped and Imam Malik is of the opinion to wash and rub.

Masah on the Head

How much Masah on the head should be performed?

Hanafis say 1/4 equivalent to the palm after he places it on the head. it could be done any side of the head. Maliki & Hanbali are of the opinion the entire head and Lastly, Sha'fee say any part of head be it small or large.

Taking water from another part of the body will not be sufficient. Also, wiping over a turban, topi, head gear is not permissible except for extenuating circumstances. Similarly, women cannot wipe over scarf except if it is thin that the water can go through. If a women has henna or dye and does masah if the henna stays normal then the masah is valid however if it takes the color of the dye then it wont be valid.

Lesson Nine - Taharah Purfication - Page 1

The Mukhtasr of Al-Quduri

Page 1

This book is split in to two:

1. Ibaadaat - This is from page 1 – 155.
2. Mua'mlaat - This from Page 156 to 720.

The author first brings the action which concern Ibadaat. Ibadat are those actions which are directly link to Allah. For instance, Salah, Zakah, Hajj etc. These actions are important for the salvation of the hereafter.

Mua'mlaat are those chapter which concern an individual to another individual.For instance, Transactions, Nikah etc. So, for this reason the author brought the chapter of purification as this worship is directly done for Allah and from all the Ibadaat acts it is a per-requites for other worships.

Now, within the the Book of Ibaadat, there are many chapters. For instance, chapter of Salah, Jum'uah, Prayer of two Ids, funeral prayer etc. From all these chapters the author brings the chapter which is most important, is Purification.

Book/Chapter of Taharah

What is the main purpose of a chapter?

• There are 62 chapters in this book.
• A chapter usually gives the reader an idea of what is forthcoming.
• The entire chapter will be regarding 'Purification', this will be the focal point.
• Chapters helps to find rulings easily.
• Organizes the books in orderly fashion.
• Who was the first author to organize the books in chapters?
• This was one of the reason many student would follow the Madhab of those the books were organized in good fashion.
• Recognising the reason why the author brings the chapter at a certain place is a interesting field.
• Predecessors would spend days analysing and thinking why the author has brought the chapter in a certain place. (E.G. Mufti Shabbir's Lecture)

Taharah means:

• Purity, Purification, to purify, to cleanse.
• Technical meaning of Tahrah is 1) remove dirt f& filth 2) cleaning specific parts of the body

• The root word is Ta – Ha – Ra is: to become pure, to be free from dirt, to become clear.

Different meanings of Taharah (Mentioned 24 times in the Quran)

Mentioned in the Qur'an: (2:25) “ In (heaven) will be clean/purified wives” (2:125) “Ibrahim & Ismaeel cleaned the Ka'ba (from idols)

Also check (2:222) (3:15) (3:42) (5:41) (7:82) (8:11) (9:103) (9:108) (11:78) (22:26) (33:33) (33:53) (56:79)(58:12) (74:4) (80:14) (98:2).

All are mentioned in different context. Pick two or three and next week bring translation and explain which context the word 'Tahara' is used.

Is the word Taharah mentioned in the Hadith?

 “Whenever the Prophet would go and visit someone who was ill, he would say, “Be of a good cheer, the illness will serve as a purifier”. (Muslim)

In another hadith, the Prophet said, “Cleasiness is half of faith”.(Muslim)

Why is Tahrah considered half of faith?

Now that Taharah is explain, the question arises what does a person has to be clean from? 

From an Islamic point of view there is two impurities a person is to be clean from, 1) Outer impurity 2) Inner impurity. Which is explained in detail below.

Outer Impurity

1. Being clean from outer impurity is taharah such as stool, blood and urine and its Opposite is Najasah which means unclean, impure, dirty. (Mentioned only once in the Quran)

As Allah says in the Qur'an, “O you who bieleve, truly the pagans are unclean” (Najas)

Inner Impurity

2. Being clean from the inner impurity such as jealousy, backbiting and arrogance is Taqwa and its opposite is ithm (Sin).

As Islam considers both the inner and outer aspect, Taharah holds an important place in Islam for this reason it is considered half of faith.

Different types of Taharah:

Najasah Galeeza/Kabath

One is to remove actual impurity which is called Najas Galeeza/Kabath. This is to clean solid impurity or that impurity which you can see. Such as blood, stool, urine, wine etc. The technical meaning is Najas/Kabath is referred to those “psychical  substances which are deemed unclean in Islamic terms”.

Najasa Muhasa/Hadath

One is to remove ritual impurity which is called Hadath/Najas Muhassha. It refers to that impurity which cannot be seen or to abstract matters. For instance, after the sexual intercourse, the person is in the state of Hadath although no impurity can be visually seen but the person is impure and not allowed to perform the ritual prayer. In simpler terms, Hadath is that state in which a person is in need of a minor or major ablution. (For entire discussion check Fiqh Ala Madahib Arab'a)

More details will come on Page 23 Insha'Allah.

What will we learn in the chapter Taharah?

• Whudu
• Ghusl
• Water
• Tayamum
• Masah over socks
• Hayd – Menses
• Impurities and their cleaning

Think how these chapters are linked to the chapter of Taharah.

Why did the author bring this chapter first?

The Prophet said “ The key to Salah is Purification (Tirmidhi)

Without purification, no Islamic action can be deemed valid.

What other authors have brought this chapter?

In terms of Hadith books, the chapter of Purification is not always mentioned first. However, Imam Tirmidhi brings the chapter of Purification first. Why?

In terms of Fiqh books, the chapter of Purfication is majority of the time brought first.

Key Words of today's lesson: Tahrah + Najasa, Taqwa + Ithm +  Najasah Galeeza + Kabath, Najasah Muhasa + Hadath

Lesson Eight - Introduction to the Mukhtasr of Al Quduri

Introduction to Mukhtasr Al Quduri

Name of Book: Mukhtasr of Al- Quduri

Author Name: Abu Hasan Al Muhammed bin Ahmed Bin Muhmmed bin Ja’far Al Quduri Al Baghdadi commonly known by his Nisbah (Surname) of Al- Quduri.

Birth Year: 362AH/973CE

Death: 428AH/1037CE

Chains to the Prophet: 14 Chains from Him to the Prophet. 8 chains from him to Imam Abu Hanifa

Teachers: Muhammed bin Yahya bin Mahdi al Jurjaani (398 A.H) who was the student of Imam Jasas.

Meaning of Mukhtasr: Concise Handbook of a treatise characterized by neatness and clarity. Originated from the Abbassid Period. Created as a facility to the quick training of lawyers without the use of lengthy volumes, but it is a fundamental of Islamic Law for a layman.

Meaning of Quduri: Qidr means Pot in which the Plural is Quduri, either derived because of a family profession of  selling pots or towards his home town called Qudurah.

The Mukhtasar of Al- Quduri is a foundational text in Hanafi Fiqh scholarship.  It was designed as a textbook for the incipient legal curricula in Iraq and Syria. Many later Hanafi texts are in forms of commentary of the Mukhtsar. Some scholars would write commentary on the entire text or phrases from Quduri. As today Qudoori holds a important place in Hanafi Fiqh scholarship. It is used as a primary textbook in many Islamic institution. For students in  Egypt, Pakistan, Yemen, India, England and Morocco.

Qudoori contains  the opinions of three main authorities from the Hanafi school (Imam Abu Hanifa, Imam Abu Yusuf and Imam Muhammed) from the 7th/8th century. Upon occasion, Quduri mentions the three or four authorities and their respected opinions on the ruling.

Hidaya by Marginani(593/1197) is a commentary on the Mukhtasar and explains Al Quduri's entire word for word. However, Marginani have change the content of the his book,  for instance he brings the chapter of marriage law and personal law before commercial law which is different to Al Quduri.  By relaying of the text of Marginani he makes the Quduri into a sort of canonical text.

Another different stance Marginani chose was to bring primary evidence (Quran & Ahaadith) and other authoritative views to prove  rulings, something Al Quduri did not do. As proven in the chapter of purification, Al Quduri mentions only two primary evidence to prove a ruling. Moreover, Marginani would not only bring the source and opinions however, he shows the different way the text was interpreted by the authorities.

How the commentaries format has changed over years 
The beginning of sixth century mainly focused on explaining the reason for the choices represented by the earlier opinions. Seventh century on wards, several generations of commentaries on Muktasar Al Quduri and Hidaya can be found. However, there are many unpublished commentaries on the Muktasar of Al -Quduri, as Wheeler (2003) mentions 10 commentaries written in the early generation which have not yet been published but can be found in libraries in Cairo, Tunis and Khairouan.

Brief points about the Book:

• Abridged
• Daily routine rules,
• Without citing evidence,
• Includes everything which scholars deem important
• 2,500 issues,
• 63 chapters
• 20 books,
• Taught for centuries across the worlds more than 1000 years,
• Considered a classic in Hanafi Fiqh,
• Main aim of book: is to provide a basic manual and do's and don’t to enable people to grasp the din and remember as easy as possible,
• Complicated because of conflicting phrases and value ambiguity in the text. Hence, a guide is needed.

Translation are available, however, they contain minor additions, omission, structure change, borrowed text from other editions of quduri and the translator may bring his own subheading and footnotes.

Book structure

Not written in fluent style but in hukm and conditions

Command to ‘do’

Command to refrain

Command ‘do’

Lesson Six - Development of Fiqh from 1258

Development of Fiqh from 1258 

By this stage from ten Madhab the four prominent Madhab alongside the Dhairi madhab had followers. (Until the 1400, when the state of Spain was conquered the Dhairi Madhab also disappeared)

Reasons for the disappearance of some of the Madhabs

• Teacher never instructed his students to compile and record his point of view in legal opinions.
• The less common Madhabs were replaced by prominent Madhabs. Students opting to study the common madhab.
• Students did not hold a high position within the society to teach the Madhab.

Alongside the the establishment of Four Madhabs, Muhadituun complied hadith.

The scholars that came in this era (After 1258), focussed on writing commentaries ion the Madhabs and the books of Hadith.

Famous commentators on books complied by their predecessors.

Imam Ahmed Ibn Taymiyya – (1263 – 1328)

Imam Nawai (1233- 1277)

Imam Ibn Qayyim – (1292 – 1350)

Ibn Hajar – (1372 – 1448)

They did not write their own books but wrote commentaries on the Prophet's life using the research left behind by the predecessors.

They recognised the brilliance of these Imams and accepted their research and elaborated on it. Hence, they would be given a title on the Madhab they followed. For example,

Ibn Barr Al Maliki,

Imam Nawawi As Sha'fee

Ibn Abidin Al Hanafi

Ibn Qudama Al Hanbali

Ibn Hajar As Sha'fee

Ibn Nujaym Al Hanafi

Imam Ghazali As Sha'fee

Ibn Kathir As Sha'fee

• The Imams from this period studied extensively with sincerity the research of the Imams that came before them.
• As they studied extensively, they had the opportunity to analyse the books of Ahadith which were not complied in the time of the four Imams.
• They acknowledged the research of the previous Imams, and if they had a view they would note it.
• Hence, if they determined a specific hadith is more preferred to a ruling they would bring in the hadith and change the ruling. That's why a person find many different opinions of a ruling within one madhab.
• They never differed in Usul only in Fur'oo.
• During this period books became organised in chapters.

Important point: When the term 'following a Madha'b is used, it means 'following the research of a person's understanding on the life of the Prophet'.

Why did the formation of forming Madhabs stop there? Why after the four Imams had established their Madhabs there are no more Madhabs? Do I have to follow a madhab or can I follow the research of a individual?

Analyse a concise book by Abdul Hakim Murad named, 'Understanding the four Madhabs'.

Lesson Five - Development of Fiqh during Abbasid period

Development of Fiqh during the Abbasid Period

The next few generation took responsibility to preserve the Quran and Hadith by studying it extensively and teaching it to others.

• The Madhabs were evolved – Period of Imams was 750 – 850.

Why was this period known as the 'golden era'?

Ibn Rush (Avverros) 

Ibn Sina (Avisenna)

Ibn Khuldun

The British philosopher Robert Flint wrote the following on Ibn Khaldun: "...as a theorist of history he had no equal in any age or country until Vico appeared, more than three hundred years later. Plato, Aristotle, and Augustine were not his peers, and all others were unworthy of being even mentioned along with him"

Ibn Haytam (Al Hazen) He made significant contributions to the principles of optics, as well as to astronomy, mathematics, visual perception, and to the scientific method.

The Guinness World Records recognizes the University of Al Karaouine, founded in 859, as the world's oldest degree-granting university Architecture, art and calligraphy was subject specialized by Islamic scholars.

The first libraries were established at that time.

Conclusion

The scholars and Muslims at that time, alongside studying Islamic knowledge they also studied the sciences of this world. This made their belief in Allah stronger. Realising the process of the World and understanding beauty behind the start would make them realise the supreme might of Allah. Hence, alongside mastering Islamic sciences we should also study the traditional sciences and link them to Islam to prove Islam is the true religion. We should look to provide contribution to the society in different ways.

For more information read the A social history of Education in the Muslim World By Ajmal M. Hussain

In each city there was a specialist in fiqh.

1. In kufa there was Abu Hanifa 2) Syria was Awzai 3) Madianh was Malik ibn Anas 4) Makkah was ibn Jurayj 5) Eygpt was Layth ibn Sa'd.

During this period, the Madhabs and the prominent Imams was formed.

In chronological order (In CE):

1. Imam Abu Hanifa (703 – 767) - Kufa
2. Imam Al Awza'i (708 – 774) – Shaam (Syria etc)
3. Imam Malik (717 – 801) - Madinah
4. Imam Zayd (700 – 740) - Yemen
5. Imam Layth (716 – 791) – Eygpt
6. Imam Thawri (719 – 777) – Kufa
7. Imam Sha'fe (769 – 820) – Gaza, Egypt
8. Imam Ahmed ( 778 – 855) Baghadad
9. Imam Dawood (815 – 883) – Kufah, spread to Spain.
10. Imam At Tabari (839 – 923) Tabraistan

Scholars of Hadith

Imam Bukhari – (810 – 870)

Imam Muslim – (815 – 875)

Imam Tirmidhi – (824 -892)

Imam Abu Dawood (817 – 889)

Imam Nasai – (829 – 915)

Commentators on Fiqh & Hadith

Imam Ahmed Ibn Taymiyya – (1263 – 1328)

Imam Nawai (1233- 1277)

Imam Ibn Qayyim – (1292 – 1350)

Ibn Hajar – (1372 - 1448)

Next Week we will analyse the Madhabs in more detail, the madhabs of the scholars of Hadith & the madhabs of the commentators of Fiqh & Hadith.

Lesson 4 - Development of Fiqh Part 1

The development of Fiqh can be divided in to five parts.

1. During the time of the Prophet (609 - 632)
2. During the time of the companions (632 - 661)
3. During the time of the Tab'iee (Successors) Umayd period (661 - 750)
4. During the time of the Abbasid dynasty (750 – 950)
5. From 950 – 1900 (Includes the Ottoman empire)

During the time of the Prophet:

• Period of revelation
• The companions would ask questions which would be answered through Wahi (revelation) as proven from the Qur'an, (2:189), (2:215), (2:217), (2:223).
• However, upon occasions the companions would understand the Qur'an or sayings of the Prophet to answer the question. Thereafter, the Prophet would confirm approved it or correct there mistake.
• Narrated Abu Saeed Al Abu Saeed Al—Khudri: Khudri: Two men set out on a journey and when the time for the Salat came they had no water. They performed Tayammum with clean earth and prayed. Later on they found water within the time of the prayer. One of them repeated the prayer and the other did not repeat. Then they came to to Allah's Messenger and related the matter to him. The Prophet said to the one who did not repeat: ³You followed the Sunnah and your prayer is enough for you´ and he said to the one who performed ablution and repeated: ³For you there is a double reward. Reported by Abu Dawood & Nasai
• Example of two companions praying Asr salah while the Prophet told them to come back before Magrib salah.
• Fiqh during the time of the Prophet.

During the time of the companions:

• How would Sayyiduna answer questions relating to Islamic laws? he would first, look in the book of Allah, then in the Sunnah of the Prophet which he knows and thereafter he would consult the companions and lastly if no answer then he would exercise his own judgement.
• Proof proving this point. 1) Giving khilafat to Sayyiduna Abu Bakr 2) Sayyiduna Abu Bakr against the those who refuse Zakah.
• Would all the companions agree with each other a sunnah of the Prophet? All companions had their own version of the sunnah of the Prophet. As each of them seen the Prophet do the act.
• Hence, many of the companions would follow the act which they seen the Prophet do themselves.
• This was the beginning of the diversity in the laws of Islam.
• Companions would teach their students (Ta'bee) the way they seen the Prophet do the act.
• How would the shift of Khilafat to Kufa have an impact on the development of Fiqh?.
• Migration of the companions. Cities for specific subjects.

During the time of the Ta'bee – beginning of the era for the Ummayd (founder Mu'awiyah ibn Sufyan)

• This period saw the rise and spread of the Islamic empire, hence the spread of Islamic knowledge.
• Two main schools: 1) Madinah school 2) Kufan School

From Madinah school:

Hence, From all the tabiun seven jurists of Madinah, well known and had the honourable title of Fuqaha Madianh.

They were, 1) Said ibn Musaib 2) Ubaydullah ibn Abduallah 3) Urwah ibn Zubair 4) Qasim ibn Muhammed 5) Abu Bakr ibn Abdur rahman 6) Sulayman ibn Yasar 7) Kharijah ibn zayd ibn Thabit

From the Kufan school;

• Thousand of companions migrated, 24 of whom participated in badr. Likes of Ali ibn Abi Talib, Saad bin abi Waqas and Ammar ibn Yasir.
• Abdullah ibn Masud, Abdullah Ibn Abi Awfa (D.87 A.H), Sahl Ibn Sa’ad (D.88), Saib Ibn Yazid (D. 91) Anas Ibn Malik (D. 93), Mahmud Ibn Al Rabi (D.99) Abu Tufayl Ibn Wathiullah (D. 102)
• Many prominent commentators and muhadithun were based in kufa such. Alqama and Aswad, Ibrahim Nakhai.

From the Basra school;

• Hasan Al Basri

From the Makkan School;

• Ata' ibn Rabah

In the next period schools of Fiqh were established in Greater Syria, Egypt, Gaza etc.

Next week we will cover the development of Fiqh during the period of the Abassid dynasty and the Ottoman empire.

Essential reading: The introduction of Dr Akram Nadwi's book, Abu Hanifah, his life, legal method & legacy. Page 2 – 20.  

Lesson Three - Meaning of Fiqh

Meaning of Fiqh

Literal Meaning of Fiqh.

'Understanding', 'discernment' and 'to be aware of.', the literal Arabic word of Fiqh have been used numerous times in the Quran.

(4:78) لهم قلوب لا يفقهون بها

(7:179)فمال هؤلاء القوم لا يكادون يغقهون حديثا

Earlier general meaning of fiqh: 

In the time of the Prophet, ilm (knowledge) and fiqh had the same literal meaning which meant understanding. However, ilm was narrowed down to the meaning of 'knowledge which came through reports and narrations. I.e Ahaadith and Athaar Shaba.¹ this separation came towards the end of first hijrah.² While the term fiqh was solely used for the knowledge of law. For this reason Imam Abu Hanifa defined fiqh as “A person's knowledge of his right and duties”.³ So the earlier general meaning was Islamic Law.

Later Shafi Meaning of Fiqh

The term was later defined by the Sha'fi jurits to:

It is the knowledge of legal rules, (Shari Ahkam) pertaining to conduct that has been derived from their specific evidences/ sources.⁴

Shari Ahkam are of two types:

1) Ahkam relatinng to belief, like the exictence of Allah, Imam Mujmal & Muffasal.

2) Aham relating to actions. Physical Islamic actions and spiritual Heart action.

Sarakshi defined fiqh with wisdom mentioning, “wisdom is the knowledge of the Ahkam with the halal distinguish with the haram.⁵

Al Ghazali had his own definition of fiqh

“An experssion for the knowledge of legal rules established specifaclly for human conduct”⁶

Al razi gave a detalied explanation to this matter

“the knowledge of the legal rules, pertaining to conduct with reference to their source when this knowledge is not obtained by the way of necessity.”⁷

Conclusion:

Fiqh is the knowledge of the Sharin Ahkam derived directly from the specific sources in the text or through general priciples laid down by the shariah in the light of its maqasid. (rules)

Analysis of definition of Fiqh

Translation of the word into english

Most common is Jurisprudence⁸ However, it cannot be assigned to that meaning because jurisprudence does not convey the entire meaning of fiqh. For instance, fiqh covers whether it is between human and god (Ibadaat) and issues concerning human and human. (Muammalat). Jursiprudence on the other hand is restricted to inter-human (muamalaat) and not issues between human and god.⁹

Topics in Fiqh

Ibaadat (Human & Allah – Purification, Prayer, Fasting, Zakah, Hajj, jumuah, inheritance

Muamlaat (Human & Human – social relationships, valid and invalid transactions, hire/lease, partnership, gifts, rules regarding slavery, shares

Uqubaat (Punishments) – For stealing, aduletry, homicides, drinking wine

Munakhat (Marriage affairs)¹⁰ suckling, divorce, iddah, nadaqat

Shariah & Fiqh

Shariah is Islamic law – covers all aspects of Muslim life in relation to individuals, societies and states. Only Allah has the right to form law. Shariah is the law itself, while fiqh is the knowledge and understanding of the law.

Shariah is quran and sunnah while fiqh is whatever is derived from there.

Difference between Shariah & Fiqh

Shariah	Fiqh
Fixed	Changeable
Found in Quran and sunnah	Derived and sometime Ijm'a and Qiyas are used
General principle	How to apply using shariah

1Imran Ahsan, pg 19

2Ahman Hasan, The Early development of Islamic Jurisprudence. He mentioned ilm means knowledge which is carried through authority from the very beginning. Prophet or Allah

3Al Tawdih fi Hall Jawamid Tanqih (Kharachi, 1979)

4Badr al din al zakashi, al nahr muhit fi usul fiqh, vol 1.

5Sarakshi, Al Mabsut vol 1.

6Ghazali, Al Mustafa min ilm usul fiqh vol 1, 3-4

7Al Razi, al mashil fi ilm usul al fiqh, vol 1, 78

8Imran Ahsan Khan & Ghaly

9Ghaly, Islam and disability pg 6.

10Ashqar, Umar Sulaiman, 1991 in Gahly 2010

11Akram Nadwi, his life, legal metod and legacy, pg 1