Usul al-Shashi – Islamic Jurisprudence according to the Hanafi madhhab

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Akram Nadwi

Channel: Akram Nadwi

Episode Notes

Episode Transcript

© No part of this transcript may be copied or referenced or transmitted in any way whatsoever. Transcripts are auto-generated and thus will be be inaccurate. We are working on a system to allow volunteers to edit transcripts in a controlled system.


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Bismillahirrahmanirrahim

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so this book is all sort of Shashi.

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It is a book actually, you know, in the curriculum of madrasahs in all over Indian subcontinent, India, Pakistan, Bangladesh,

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for a long, long time, so you can see the how the book has been very popular, and also hannity people everywhere in the world. You know, they rely on this text, this is one of the important texts from Hanafi madhhab.

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It was written, more likely in the seventh, or beginning of the eighth century,

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people don't know exactly who the author is. So I do research in my in because this is a book I studied, maybe twice, and then I did editing. Because if you see the old principle, it is start from the beginning, and goes to the end. There's no chapter heading, there is no, no section, nothing, just like that. So then what I did, because I realized problems didn't buy while

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I work on the book. So I divide to section and I also put, you know, subheadings, so many, many subheadings, they explain that you know the

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issue, discuss it properly, because if you don't have some heading, you don't know what happening. So I made subheadings to make things much, much clearer. And also in any name, which come after any mom and Alice palace. I provide, you know, short biography to people know the person properly, either a Hadith, I did the hurry where the Hadees and if there are some issues, which needs more explanation than I refer to men, hanafy sources or other books of those fools. And I provide more details. And also, I relied on the LDS manuscripts. So sure, in the footnotes, that difference between, you know, different manuscripts, so 100 lie worker, you know, on the book, in the light of

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the editing properly, the publisher and the mind Dasha Taghavi.

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I said before, though, he also wrote an introduction to the book is a great honor for me, because a long, long time ago, he accepted that he loved editing. And I was surprised that, you know, once I went to Syria,

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and I met there in Harlem with a teacher, too, he gave me his own editing solution, which came after my Bible, classic image, you know, this person had done some new research that he gave me And so, when I look in the book, what he had done, even he might add them, he copied a word by word without mentioning my name, nothing there. Just you know, from everywhere he just copied and printed for him, he's no other think of why he somebody like that give the book to me, he shouldn't that I will discuss I'm the first person to discover it copy. So, you know, this another thing happening not only for my book, there are many many books people write they make effort and somebody comes and

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copy then published it in their own name, that is also happened in this area.

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So, this book, I work with, you know, very hard to make a clean book properly to the students can use it and since I did editing and publish, it has been accepted in other people teach from this version also Indian paid to Indian people, they rely on that

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from the law

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we are going to study this book on the four Sundays on Shall I hope to finish it I was discovered thinking not to criticize the book, otherwise it will come to love you know, we cannot finish but I don't really think it would be possible. I think the venom at that time I just because most of these things I don't I agree really, you know, I did eight at the book, but I know properly the mistakes what happened because universal effective what was in the past how developed it becomes something else.

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In the beginning is a few things which can help you to understand how I I look at the subject.

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First thing is in what also lefort is also affected basically is it in all those major rules, which can help you to understand a text

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meaning it also refers to basically it doesn't make a difference with a text is it Arabic or English the same thing. You know in every language people read a text and understand the Quran has been reviewed. Now you need to understand the text, whatever you know how we understand it. Same here These have been compiled, put together now to the text we need to understand that has started.

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Or maybe you can make more general to select these and not only to understand the text, I'll say speech. You know how people understand that. Hi, Mama hanifa and Molly can shuffle. These people. They used to basically make effort to understand

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animal abuse or Muhammad maybe they are they are the first people who wrote or sold but we don't have any

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Buddy Mushaf is a rusada very popular man you need to remember demand the military the company shall ever kill you and also my myself and my small book my body to a soldier that summarize all the discussion of silver properly. So, if you read that as well, it will help you inshallah, to understand discipline, but that my book is very well organized, this is not you will see. So that I wrote is more parties will organize that how to pursue solace

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that how Kim

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basaran in Islam, Greek and escape Greek people in they have their own way how to understand a text

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and the developer will look more sparingly to influence people. So then Miss people in Islam you know, in all the variety of the knowledge, they are impressed by that and accepted their way of thinking. So, even though solace was pure Islamic science muscles or do not borrow from anybody, Muslims are developed for themselves really just how to understand the Quran Sunnah, it was developed by the early people believed Islamic they never had any contact with anybody, but within a century is a god the influence of Greek people and it became something else. So, then the books written after 300 years in Islam, most of them when you read, it is not terribly sung science

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anymore, it is very much under the influence of Greek people, there are sciences.

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So, it is one thing Keep in mind though, okay people say honey feels

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the more safe but this itself is a big problem, how can also affect a bee honey feel moloko shafia humbly

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also, the fact simply means how to understand

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how to understand that Texas should be universal enough to do the honey to molecule Shafi mother basic this division, it tells you that the big problem like grammar, can you make 100 grammar maleki grammar

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You know, when you study haoran this study accounted 200 for grammar, grammar, the same grammar in or Arabic grammar, there are difference of opinion, but nothing to do with 100 fewer molecule Shafi mother, it takes per sufferable grandmother differ also less actually universal nothing to do with 100 but in somehow this problem also started it became underline of the mother, which is not really it is not how you are honey find a molecule shafia on but I remember they intended it has been developed by people later on. Do you have a sort of a con Hanafi madhhab Shafi muda muda muda muda it should never have been like that, because it actually deals with something which is more

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universal.

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Is it clear to all of you to fasting I discussed to you the to sort of thicker how to change because of the influence of Greek logical philosophy. Second thing how to also change it because of the division of the Medina schools and it becomes something else it should not that Ramana Fahim, a lot of people used to say that if I have life, I would like to see

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universal

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and 100 law, I started doing that too. I'm not finished writing

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a guide in general, nothing to do with any muscle. And I really find that you know, everybody will have an American Shafi. They used to follow same suit with this assertion that you've read. It had been made up later on.

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One of the proof that this is not a silly fact Abu hanifa American Shafi one of the proof is, since this development happened, Islam was

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lost its importance.

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Until Mr. Shafi a number of people used to follow suit.

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After that, we'll move to the fatwa there don't follow a new solution, because what they have developed it they cannot apply to it basically just a theoretical discussion discussing matters. But in the real life, nobody follows insults. When people give fatwa, they never follow any you solicit.

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When people write books on that, they never follow you solely for what they do. They're just to follow the precedents of earlier teachers to further qualify if questions come to me,

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by asked me a question, I'm not going to read the Quran. So non final so let's get to know what I'm going to do. Okay. Let me see among the earlier hanafy, who have discussed an issue similar to that,

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too, I mentioned that I say you know this in the light of this fatwa, I give this photo I extend that ruling to this new ruling. It happens every month Hanafi Maliki Shafi Hungary mother, basically what we call as soon as lead island as a you

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put extended a present to a new case. There's no extension of Parana. So not only to in other people have to go to the Quran and Sunnah and understand and then extend the same ruling to the new case. Nobody does this. This practice does

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not exist in Islam.

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I tell you if you go deeply, nobody does. Nobody follows if you go to Alaska, go to Syria, go to Morocco, go to India, go to Durban go to another ship anywhere you go nobody follow this practice that they read the Koran and therefore I'm that they extended in that room to new ruling by or solo nobody does like that ossola Farah basically has become a science which it has no use, I want to say useless but I say for too heavy, it really has no use. In practice it had no use do it was purely science, it can start with the how great that people have been.

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So this is one thing Keep in mind, you know, people like you know, come in studying you have been studying in the western academia as well. It's a really time when people come back to the soul of America for Let me think seriously, how Abu hanifa in the studio Pura how Mark understood, and how they were able to apply, you know, their understanding to the new cases of the society. Let's call them leave these people in the after that after Billy conifers, let's see what they did, you will see that it is so different. But until now, I don't find anybody has courage to do this. But that what we need to do really, we should go there make effort to apply. So this is one with you know, a

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few general characters that you should keep in mind before starting the book.

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One thing also is we're on a sieve

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because it from a book of Allah revealed Hadith. People don't understand how this is of so many different nature because the Hadees has been preserved by the human being by the people.

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The people who are concerned about the Hadees early the concern was what sooner

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so now means though the holidays, which can help you to understand, to app to act upon the Quran, how to pray, how to fast how to play soccer, you know how to do buying and selling whatever Quran C'mon, injury means what interesting is, though the Hadees which can explain you the outcome of the Quran which are more practical

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that what the sooner is

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too early people they're more concerned to find though the teachings of the Prophet which can help them to understand these verses of the Quran not every verses did was that the Quran

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that how Sahaba did they were very, very careful that for a Malik that Abu hanifa very, very careful these people,

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but certainly people have the power to listen to anything which come from the past a lot less alum became potent, and later generation, they want to put together all those details, though many of those details were not preserved properly

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or leaked, they would not pay attention, but anyway, people love them how the proper Professor live, you know, many of those details

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and some of those details, certainly could could could could be related to the outcome, do our lifting, not realize it, but could it be but they were not preserved properly

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the guard from here and there and all those things. So, you know, this basically guy between two types of formation had this until now exist, but the problem is most of you know mothers are when they study Hades in their thinking, all our sin, all the all the countries have had these are the same, they are not the same door the contents which are come there have been dealt with proper care. And God which are not aka people did not take much care about them. They basically are more likely, like the early scriptures,

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history of religion, nations, they're more like that they come in their category. But But anyway, they have been put together they have been next to each other, so many of those details which could have been helpful to understand the Quran. Now they are not so helpful reason is because they're not preserved properly. So if you accept them, you change the meaning of the Quran.

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But people did you accepted them and the Cora habit change. People don't care people think these are more clear. They don't understand they're clear because the human interface and the people who did this, they do not care that a better discussion or not. So now those are stories from the life the parser from this person became more important than the Quran.

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in touch with everyone to many and then then if it wasn't for either, because they study the same information, they're not like Abu hanifa Malik and Shafi David the different people, these people when they study Bukhari, Muslim Abu down to Medina

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Medina to say this texture the concern was to get the sooner that things in about process, they're not so concerned for the iron all those things, but now you read all of them. And then you understand that when I in light of all them to that how you

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meanings of the Quran became corrupted by military people and all the tacit agreement that now if somebody comes back more often I have somebody else criticize people to go what you said nobody said,

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you know, we vote against autopsy, the autopsy, they follow the same methodology. They don't make difference between different types of reports and their current lack reports more important, the foreign word currency not important, what does to do today interpret the Quran in the light of the stories and those things that how the corruption happened in understanding of the haka. So, this Keep in mind, and if I gotta finish the book in four weeks, otherwise, I could explain distinct much detail with much examples. But if you you know, attend some of my classes, distant you shall come to anyway. But there are other things which are more related to solar, solar.

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You know, telling me, in the general life, when you speak, to your wife, to your children, to your family, to your mother, to your friends, you can have a message, you say something and then this time

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you relax, you know, you, you say and then sometimes misunderstanding, then you can make yourself clear. Tell him what happens when you come to the court.

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Then what is your thinking? Now, you can speak as you speak with the family.

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Now, you know, you're in front of people who are more specialized, they will only interpret interpret human language in a certain way. They don't have so many different meanings. When you talk to your mother. She knows that when my son said this word, he missed it, he did not mean what other people mean. Your sisters know when you said this, what you mean this, your friends know, when this person makes a joke he makes like that somebody is like that. And you will let everybody understands you. But you come to the court, your audience have changed. Now you're not facing in common people you're not facing in people who are you know, generally in the life you're facing people who are

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more specialized people. Now you're not really your language you will it be interpreted occurred to certain criteria in Article two what your society understand, no cart, what did the expert understand how they understand the language, you have to be careful now in front of them? You can't say what will people will tell you when you come to the court? Be careful, you can know whatever you say, it is it has a very directed, specialized meaning. Is it clear that happen? It happens in every science when studying, you know, physics in that classroom, when What's our use, people understand a kind of the terminology used in that field of integral logic, philosophy everywhere simpler.

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Somehow what happened is now in Islam laws became very important for a reason, you know, there's good reason for that. But the problem is these people when the gut reading of the law and the law, very specialized language,

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they interpreted

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languages which are not specialized, not professional, highly specialized

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Quran and Sunnah. Allah did not speak in legal language. The Prophet Muhammad did not speak in legal language. The Prophet Muhammad used to talk the people in their language, a common language for animal review, as a guide into other people's learning how to communicate. Now the Parana Sana are treated by Marisa people, I the legal text,

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this is a difference that is the problem to put in to every single thing you know, if it if it is said like that, it must mean we've serially cut a minute, but now we are obliged to follow them because they are the one who wrote in all this no this Or have we agreed?

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That what because there were people who are professional Master, they force you to understand from their angle that no other angle we have every other academic aside, there's no no it's not it is not legal, legally, we don't accept this, how are professors to say,

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the foreigner put, they will say somebody use it in a word.

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I try the general meaning that the meaning region

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unless they prove it, they you know, the speaker intended something specific otherwise the meaning was gentle, though me and you both know really in the society that people use the word jumble but they don't mean gentle

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people so what happened to the people, but they don't mean all the people. But when dissenters come up with agree, he thinks people are the people

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that think he will not never accept any exception.

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So this thing you know, General became general unconditional became unconditional. People don't speak like that. When people make an unconditional is still conditional.

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So that how the Quran asuna had built a kurata sooner became a legal text, book of the law. And that is

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I'm telling you because I know I've studied that is something on which all schools agree that no exception really everybody Hanafi the Maliki Shafi Hungary, everybody will destroy the Quran, this study either book of law,

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either prevent very specialized people, like I'm a I'm an I'm lawyer, I want to write a book on the law, I intend to follow that terminology.

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too, if you understand my book in the, in the light of the, you know, legal terminology, the fine cut that was intended, and I should do like a book on the road, you know, when I like write a book, on the grammar,

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I should follow the terminal grammar, people expect the grammar because the book on the grammar.

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So, you know, this is another problem happened by the by by the people, they're basically treated in non specialized text, especially if somebody texted and you've treated specialized, that's fine.

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But we're also not they are not as special as they are basically in the common human language, and treated them by the books of law. And that you can straightaway basically also become irrelevant, because what it teaches, in reality,

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everybody knows you cannot work. This is not our life book. This is not what how the Prophet spoke. And when they apply their understanding, or as soon as they keep doing mistakes, you know, when a Koran says I'm a newcomer,

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believe either people believe

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or not in Arabic names on all the people, but did the Quran or the people

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Musa, the followers of the Prophet at that time companies go kurata NASA means that you know, some people that Quran does not mean all the people.

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Sometimes you say,

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the mind

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40 will save you the word of man, it means marriage cannot mean a woman. If Koran had any religion, it must be men, than women, that you cannot apply to the woman. If her this man it must be a woman cannot woman though in the human language, it is possible you say mine, and you mean men or women both.

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It could be the professor said any man who prays in JAMA gets a reward 25 more compared to when he plays alone. He said a word of mine. But he means any human being with a man or woman Why is it mine? why people say mine because they talk to their audience people who are there they're meant to get all of that they don't want to exclude the women intention not to sue the women in because this human languages you don't make it Don't talk in the legal term. You use the language as kind of meanness that how people understand it never even mind Do you want to sue the women?

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You know if I said to her any man who works hard and gets first position I'm going to give reward that you know that in one night assume the women The reason I said man because that's how the muscles because they'll help you think meaning of any student I said rajul by met all the students to some Tommy's use it what do we do in a specific meaning, but actually many of the more gentle and sometimes you the word general but meaning more specific. Sometimes you said people or you mean one person

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what happens you saw one case and he said what happened to the people that do this?

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You're not even the prophets and Arsalan sometimes he knew the story he had come to the most and he gives his piece of marble who knows what happened to the people? Do you think the process of knew or the people he just knew one story and the base of the story he gives a communist piece what happens up people now your legal man these are nasty and nasty all the people in Mr. Medina all the people like that

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which is just one person one person we have like that. But he made more agenda because this house because do a speaker don't want to point that person they want to make a more general to people know who they speaking about to harass some time sharing something more general meaning the one to one person, not many people.

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Anyway, the summary of the whole matter isn't that Oran Suna they are not professional, the daughter professional and with the daughter of legal language, but RFI totally in a mother Assad they have been treated as illegal books.

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And that is the one of the key problem in understand the Quran. So now the problem that happens is that people because the treated them either books of law.

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People don't do this. And this really is so bad. You cannot imagine how how not only that people wrote books on this they call a camera person

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which I never liked.

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Because what happened there Luke in the Quran from land and get off in lawmen? manner the law?

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It is correct the Quran is good if possible Quran does not mean that that legal meaning it was something more general yeah there are legal verses in the Quran. The Quran talks about inheritors, that a very specific, it's a one to three verse, there's three verses are illegal. Sometimes there is a certain punishment, to they are more likely very legal, you know, properly is still actually not as legal people think is still more human language, but could be more specific, but generally speaking the language of the law people, but you know, sooner or

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later I'm not in Abu hanifa Imam, Abu hanifa Malik and these people, they will treat every single verse because its implication and understanding. They don't follow this. It will later people that are on either book of law or not in the notebook of law. Here this is not in our sole source of the law. You know, you can take some guidance on it actually. Basically simple thing Oran is the guy holder guidance. It guides people guide NASA does not need necessarily to be in legal language. It should be more economic matters.