Schools Of Islamic Law Part 1
Channel: Bilal Philips
File Size: 13.57MB
Salatu was Salam and out of Sunni and Karim,
Allah and he was happy for many standing up recently to Medina
offers due to a lot and a lot of Peace and blessings in his last prophet muhammad sallallahu alayhi wa sallam,
and then all those who follow the path of righteousness until the last day.
The topic of this evening's presentation, as my brother pointed out, is that of the four schools
Islamic law, which are called the four mvat hibore.
by this topic, what we intend to look at is the position that a Muslim
have to take
or is recommended to take with regard to the subject,
due to its shortness,
and due to the fact that this is not
a university class,
as such, will not be going into that much of the academic issues of the four schools. But really, just to
briefly pass over the evolution of these schools.
In order for us to understand how they came about,
why they came about,
what are the differences, why are the differences and how do we as Muslims today, deal with the differences and with the schools themselves?
For those of you who would like to read about this topic in more detail, there is a book which I have written, it is called Narvik, tidy unmodifiable fit here in English, it is the evolution of fit
in this book, I have gone into extensive detail in explaining the sources of Islamic law, and all of the basic things about the covering this evening, but there will be in more detail, all of the evidence, all of the references etc, you know, can be found there and inshallah, in the next month or so, copies of the book, as well as others of my books will become available. Sr shifa will be, has ordered a number of these books, they'll be brought here for distribution, and also the Imam of the masjid Imam
will also be getting some copies of these books. So those of you would like to look more into this topic or in other topics on which I've written, they may approach either a mom or sister chifa in the not too distant future to obtain copies of these books.
which causes a Muslim,
who is a thinking Muslim,
to reflect on the four schools of thought,
the way in which it has been presented to us traditionally
in such a way,
which makes us
have to accept them all.
Everything which is within them
divinely ordained, the Word of God to man.
as I was taught, when I first came into Islam, it is required of each and every Muslim that he or she follow a
if they don't follow a particular madhhab
So, this is to scare us into feeling that we must definitely follow Him and
certainly, it is usually explained that
all of them have I have all of the four must haves are equal.
differences amongst them, each one is correct.
who you happen to move with,
I'm speaking for myself now as a new Muslim, coming into Islam, trying to learn about Islam. It so happened that
I joined the Jamaat
or Tablighi Jamaat and traveled extensively with them for about three months, seeking knowledge of Islam.
They were the only people that I came in contact with who are active.
told me that it was possible for me to gain knowledge of Islam through traveling with them. So I set out with them. Now, what I told you about the man tabs is what they told me.
those people who might traveled with them, the Germans
were from the Hanafi madhhab,
after telling me that all of them are equal.
They went on to tell me However,
most Muslims follow the Hanafi madhhab.
So they're all equal. Most Muslims in the world, follow the Hanafi madhhab.
imaam, Abu hanifa was the first of the amounts.
And they give him the title. And he ma'am.
Or he must be awesome. They call them in order to
the greatest of the amounts.
So now, after telling you that they're all equal,
you see, something else has been put in there,
favoring one over the ref, because after hearing all that, naturally, if most Muslims are following this particular map, and the Imam of that madhhab is the first of the amounts, and he is the greatest of the moms when they're naturally his mother is the one that we should follow
the best if I'm going to choose one, so naturally, I became
And, you know, after returning to
Canada, after traveling with the Jamaat,
I moved into a new apartment in a building, which was owned by a brother from Egypt.
His brother his father used to be was a student of Hassan al Banna
scholar amongst the scholars in Egypt.
And this brother himself was quite knowledgeable about Islam, and I began to study Arabic from Arabic grammar.
Of course, in the course of my studies with him, I would ask him different questions
or questions pertaining to,
and I found him giving me different answers from the answers that I had gotten when I traveled for three months with the Jamaat.
And he was bringing evidence to support
the positions which he expressed, which were from, as it turned out, the Shafi school of thought.
And later on, I met some brothers from Sudan,
following the Maliki school of thought,
who had other answers?
And this caused me to start to wonder.
There seemed to be something wrong here.
no, everybody was saying that whatever is in the schools, is all correct.
What it seemed to imply,
or require of me, was to do something which I rejected in Christianity.
When I was a Christian,
we were obliged to shut off our brains
turn off our intellect
and to accept
that God was one and three at the same time.
Because for somebody to accept that God is one and yet
He's three, but yet he is one. This requires an individual to turn off his brain. Because his brain, his intellect, his logic, senses, good self is all tell him, No, this is illogical. It doesn't make sense. One plus one plus one equals three can't equal one.
So having rejected this concept, in Christianity, that is where you turn off your brain, and you just accept ideas that are contradictory in themselves.
I found myself in this dilemma that here I was being told that all that is in the schools of thought, is correct.
And I heard after asking questions, that's
it a person, if a man
brushes against a woman, he's getting on the bus,
a woman happens to be there, when she got to hold the,
the column in there to keep himself steady, so he won't fall down any in reaching out to touch the hand of a woman, if he was in would do, he no longer is it will do.
His will do is finished.
This is what I was told by those following this shafran.
However, those following the Hanafi madhhab, informed me that if this happened,
I still had to do.
Now, here was a situation which was now incomprehensible for me
how it is
that I could be in trouble and out of Voodoo, at the same time, because if both of these rulings are correct, then it means I have to do and it means that also didn't have to do
so to accept the idea that all of the schools,
everything in them is all correct. This requires
that he or she turn off their sense of logic, reasoning and understanding
and accept something as illogical, as the Trinity.
And, in fact, Islam has not asked us to do anything like this at all.
This led me to
set out on a journey, seeking to understand the foundations of knowledge in Islam.
So that I could put these different things in perspective.
And this situation, it may be unique for me because I am a convert to Islam. Whereas the vast majority of you here
having been born in Muslim families, and I hope that by now you have chosen Islam, and not that you are just carrying on simply because you have been born in western families. Because we all know that Islam is a choice.
Islam is not.
You know, it was just by chance that you happen to be born in a Muslim family, you know, you know that that Islam is not acceptable to God. What is acceptable to God is the choice when you choose to be a Muslim.
since as I said, This situation is somewhat unique to myself.
I would, however, point out from my own experiences that
those people who are involved in Islamic activities,
who strive to work for the cause of Islam, together as a community, coming from a variety of different backgrounds, they also will run into a similar problem
where differences occur
how to resolve these differences.
The first point
what some people have done
is that when they have found these differences,
and these differences
don't seem to be resolvable. Some people have rejected the schools of thought altogether.
say I don't want to have anything to do with these matters.
However, this approach
is as dangerous
as the approach in which people look at demand tabs as being infallible, each and every one of them completely correct
as that creates problems for us, this other idea that we will reject
the must haves altogether also creates a problem, because if one rejects the must haves all together,
the must haves which are a result of the efforts of early Muslim scholars to
convey to us a methodology, by which we may be able to apply the Sharia, if we reject the efforts of the scholars before
then we also open ourselves up for possible deviation. Because when now we try on our own, with our limited amounts of knowledge, to go back now to the crime into the center, to extract and to, to make to make rulings and judgment for ourselves and for others, then it is very likely that we will end up into deviation unless we are scholars of the highest level where we have mastered the various you know, sciences of Islamic
which is the case of very few.
So, why Then,
should a Muslim do?
It is important for us to understand, where did these schools of thought come from? If we have understood, then it is easier for us to determine
how should we deal with them? What should we do?
The first point I would like to make
is that there is a difference between what we call
and what we call shediac.
Though in English, both of these terms are commonly translated as
Islamic law, Sharia Islamic law, although they're translated commonly in English as being one of the same thing, in fact, they are different.
And the fundamental difference is
represents the divine laws, as revealed in the Quran, and the Sunnah, in the Quran, and the Sunnah, because these
were both sources of Revelation,
the Quran, the direct Word of God to man, the sooner the indirect Word of God,
on the other hand, represents an attempt
by scholars through the different generations to apply the Sharia to their circumstances,
circumstances of their life
what represents is
human understanding, human interpretation, I thought,
it is fallible,
it is not revelation, therefore, it will of necessity contain some error, because perfection belongs only to God.
The second major difference between the two
is that Sharia is unchangeable.
From the time of revelation
to the end of this world,
the Sharia will always remain the same.
in the case of sick,
sick will vary
Based on the information that scholars receive, the change is the differences in circumstances which they find themselves.
And the example which I gave of that to you all, in the previous lectures, is the classical example of smoking,
where 500 years ago, Western scholars ruled that smoking was mukou that is disliked. If you didn't do it, you could get
a reward, but if you did it, there was no sin on you. However, that was based on limited knowledge on the on the knowledge that the only harm which came from smoking cigarettes was that of bad breath. And the ruling and Sherry are regarding things which produce bad breath is that such things are considered mccoo for Muslims to partake, and to be amongst other Muslims to come to the masjid.
Whereas 500 years later 1981 it was
related to the masses of people of the world, that it was conclusively proven that smoking causes cancer, cancer causing death. Therefore, smoking causes death, smoking being a killer.
Naturally, the Islamic ruling with regards to smoking had to change.
So, for one to stand up today and say Oh,
that is to deny the development
of human knowledge over the last 500 years.
And to turn the Sharia into a rigid set of rulings, which are divorced from human knowledge and the changes in human society.
If we go back to the time of the Prophet Mohammed Salaam,
the period known as the period of foundation
in this time, the basic source of Islamic law was the Quran and Sunnah.
However, the prophet muhammad sallallahu alayhi wa sallam encouraged his companions to make it, he had
the problems are solved the marriage the ad itself,
that is sought to the use, ruling
for circumstances based on
And in the case of the he had of the Prophet Muhammad Salah, which was like a demonstration to the companions,
a practical encouragement to them to make
a law would correct the Prophet Muhammad wa sallam when he made mistakes,
as in the case of the prisoners of the Battle of mother, after the Battle of battle was over, and the decision had to be made as to what to do with the pagan prisoners
from homicide, sell them at the opinion of some of his companions. Some suggested that they should all be killed. Others suggested that they'd be set free, and he chose the ruling or the decision that they be set free. However, Allah revealed the verses in the Quran, which corrected the problem is I felt that it was not befitting for him to take prisoners at this time, before he had established himself in the land. So it was really the duty.
It should have been the rule and should have been, the prisoners should have been executed because of the lives of Muslims that were lost in Mecca at the hands of the pagans, it was necessary to put fear in their hearts. They would not do this and get away and come back to fight again another day. No, and then they tackle Muslims they will have to pay for their crimes. So this was the correct judgment. However Prophet Mohammed Salah had made he had chosen a letter
judgment that of setting them free.
A lot of course, forgive the Prophet Salaam, his decision
And the decision was she made,
as I said, was an example to the companions of the need
and the encouragement to make he had or to strive to come to conclusions with regards to circumstances based on divine revelation.
We also had in the case of the Sahaba, circumstances where they needed jihad. And this ditch Jihad was not a source of law. In the case of problems or salon, it was examples to the companions, encouragement, but it was also a source of Islamic law, because the law would either
approve the decision that he had made by the problems, or he would disapprove and correct it. So however, it was, it became a source of guidance and knowledge.
law for the oma
an example of the height of the Sahaba, which most common one usually given, is that of the tribe of graver. The battle which took place with regards to them. The problem was my friend of mine instructed his companions to hastin, to the fortress of the Jewish tribe of forever. And he had told them
none of you should pray author, except in the fortress of
the tribe of
the companions, went on their way.
However, the time for offer came while they were in the middle of the journey to the area.
Some of the companions
reasons, that's what the problem was, that Salim said was we should not pray, except in
the area controlled by the kind of battle, that we should just keep on going.
Others reasons that the intent of the Prophet monosol limb here was to encourage us to hasten to Valley for a lot to the place where the river tribe controlled.
But the basic principle of making one's prayer in its appointed time, this principle must stand.
As the law says in the Quran, that Salah is at a prescribed time. So they stay back. May the philosopher author the others who decided they would take pifan II solid statements, as he said, literally, they continued on.
After the battle.
The Companions mentioned what happened to the fella and he did not
chastise either of the two groups of companions.
However, he himself
on his way, when the time for awkward came phrase on the way
he did not be named after into the time of mother.
So, his action actually confirmed the understanding of the group, which interpreted the problem of silence.
statements as being one encouraging them to hasten, as opposed to one which was to be taken literally.
However, the problem with them did not
chastise the other set of companions, because what he had said could have been interpreted in both ways.
he gave a principle
at that time to the companion, which bit became a basis for he had in Islam
and how we should view the restaurant afterwards. However, you have
to find out the correct path.
Now, in the period following that of Prophet Muhammad,
that period, the first part of it
being that of the righteous cannon
Abu Bakr, Omar, men and Ali.
May Allah be pleased with them all.
In this period of time,
we find the other two basic components of Islamic law are being added.
rulings in that period of time were made in accordance with Quran and Sunnah. And ej Ma, whatever the companions all agreed upon,
became a source of Islamic law
based on the statement on the problem of fandom, that the nation of Muslims would not agree upon something false.
And the first principle that what is known as tr, or deduction by way of analogy, this also came into being at that time.
An example of each law
is that of the
three a ban of Joomla,
the three of them, of Joomla people call it the first of them, it is the three of them, because there is only one of them.
In the title of
the only event, which was called was when the mom
sat down, and then was given
in the time of Abu Bakar, it was the same
in the time of Walmart was the same.
It wasn't until the time of horsemen, that
the marketplace became so large,
and the noise you know, people are in the marketplace, selling and buying, screaming, shouting became so noisy, that VLAN which was to be made in the masjid, could not be heard. So, men gathered the companions together to try to find a solution. And it was proposed that a three of them be made
a pre event, a person was sent into the marketplace, who would then call an event
in order to inform the people that the event with Juma was coming
soon. So, start closing up your shop will make your doodle and head towards the matches to the intent. And of course, this was based on the prayer than which comments are seldom instituted during the month of Ramadan before the end of the year,
after which no one is allowed to eat
used to make a pre event
to let the people know that the event of fudger would be coming shortly thereafter, so that they could wind down their meals that they were having a bad time.
finish things off.
or the President on which
are the man and the companions
decided to add a pre event in the case of salatu wa.
And this was agreed upon by all of them and it became Islamic law.
In the case of PR
we can say that in fact, every edge ma
Julian which was made based on the consensus of opinion of the companions of the utmost I fell in love, it was based on the principle of PR that is analogy because they did not make rulings which did not have an origin in the Quran and the Sunnah.
So whatever judgments rulings they made, whether it was collecting the Quran, into one text,
expanding the masjid, a variety of different things that they agreed upon and did fighting those who refuse to pay the cost.
All of these decisions were based on
principles which already existed in the Koran or sooner
During the period of the righteous commits,
which lasted almost 30 years,
we found that the madhhab if we say that the madhhab in the time of the Prophet Muhammad wa sallam, or the School of Islamic jurisprudence was that of the Prophet,
there was no other school of Islamic jurisprudence in the time of the Prophet.
In the time of the companions, the Caliph the School of jurisprudence would then be the School of the Caliph himself,
Abubakar, he made rulings and judgments. And
the rest of the oma including the meeting, combined with the problems that went along with his judgment,
even though they may have disagreed with him, they went along with his judgment. When Omar took over after the time of aboubaker, then he would change some of the rulings of Abu Bakr.
He would change some of the rulings.
you put in its place, his own what he considered to be the most correct ruling.
And in his time, then all of the remainder, remainder of the companions, they would follow his rules, even if they disagreed with him on certain issues.
So we could say
that the school of Islamic law during the time of the color was that of each of the candidates themselves.
After their time, we have the era known as the the dynasty of the Sumerians.
This lasted approximately 100 years.
And in this period of time, the leadership became
soon deteriorated into kings,
who carried disciple of
did not apply the Sharia with the kind of care that it was applied in the time of the righteous can
follow the deterioration taking place.
no longer accepted
the decision of the cabinet to be the mother
or the final decision with regard to Islamic law.
What you found them is that Muslim scholars
arose in different parts of the Ummah, in different parts of the Islamic states,
rulings based on the needs of the people in the various areas.
What you found here also
in the rulings of the scholars,
there was an attempt
to preserve the HCI made in this time of the righteous
because new rulings are being made by a leadership which was now devious, which could not be trusted. And there was fear that these rulings would now overshadow the rulings of the righteous companions of the putnams fellow who made their rulings in accordance to the teachings. An attempt was made then, to gather the rulings of the companions and to preserve them for later generation.
Part of that effort involves the collection of the traditions of Prophet Muhammad wa sallam
because there was also a movement
which had arisen during the time of the formation
in which individuals attempted to fabricate
traditions tradition, which will later attributed to Prophet Mohammed Salah in order to cause deviation amongst the oma
without them realizing what is going on. So scholars
who were involved in the transference
of the traditions of the problem of SLM also began the process of
Identifying the fabricated traditions and separating them out from the authentic tradition. Now,
there were two modes of approach to
Islamic jurisprudence of
which began from the time of the Sahaba.
And increase in their
development during the time of the Romanian.
This was that the two schools could be called the School of hobbies,
and the school of athletes.
That is, the school of the people who concentrated on the traditions of the Prophet Muhammad wa sallam. And the other school was that of those who allowed
One, the school of the people of Hobbes was called the School of practical
and the other was called the School of hypothetical.
And these schools were represented by the time of the Omega
they were represented by Abu hanifa, who was in Iraq,
representing the School of hypothetical
and Malik, in Medina, representing the School of practical
the difference in their approach
Malik would not tackle any problem,
which did not have
an origin in reality,
a problem which
existed in his circles of learning, whenever someone approached him,
saying to him, what
would be the wounding If so, and so happened? He would say,
go to Iraq.
Go to the people of opinion,
here, we only deal with what exists.
knows, scholars of Iraq came to be known as the era I say,
that is known to us to ask the question, what is
wherever, whereas those in Medina, concentrated on existing circumstances,
those in Iraq, led by Abu hanifa, they had a rationale for their their approach. Their rationale was that it is better to prepare for circumstances before they occur.
That does work out the various possibilities.
In order that when such circumstances occur, people will be already prepared for them.
So what you would find is that in these two different schools, you found a different approach to
in the case of the people of Iraq, what you would find is that Abu hanifa, he would introduce an issue, or you would ask the students to introduce an issue. And then they would discuss this issue
and debate and discuss with them until they could convince them
with regard to a particular ruling,
after they were convinced that this was the ruling, then he would take the opposite position and argue with them until he convinced them that it was another ruling.
This was training that he gave them, you know, in terms of intellectual training and reasoning.
But this was how he taught and he would forbid them made students abusive. He would forbid them from writing down his rulings because he said
I make a ruling today and I change it tomorrow.
You take your rulings from
the court sooner
mode of teaching, of course, they would bring when they were discussing an argue or proven points they would bring forth from the Quran
does not just mean an intellectual exercise, I mean, they were using the sources of Islamic knowledge.
They in Medina, instead what you found was
in my mother, what he would do
was, he would narrate to them, traditions of the Prophet Muhammad wa sallam, and
statements or opinions of the companions of the Prophet.
He had gathered in self, a body of tradition,
he calls as a whole, and what was a well beaten path.
And he would narrate these traditions.
As he narrated the traditions, people would discuss or raise questions of existing
issues, which needed rulings, and he would
quote for them, some of the traditions from the Mata to resolve their problem for his approach.
It shouldn't be known
at this point
the number of schools of Islamic law were many,
not just the four that we knew about.
10s and 20s 30s. And 40s.
There were many different schools of Islamic law.
And the scholars who added these schools
were as great
as the four scholars who we now know, as the founders of the main four schools, if you follow.
Some people mistakenly think that the reason why we only have four now and there were 1020s and 30s. Before because these four were the most outstanding, the most knowledgeable of all of these. This is why there remain that the others disappeared. But actually, when you go into the history of the various schools of Islamic law, you find that the scholars who are the contemporaries of
mine to keep an eye on it,
Sharpie and admittedly humble. These scholars were their contemporaries, were as
knowledgeable as they were. In some cases, they were more knowledgeable. However, their schools of law disappeared for a variety of different reasons. For example, you had the outside.
Most people never even heard about your mom, Jose.
This, he was a contemporary of Abu hanifa.
Had a school which was as strong with as many followers
in the area of Syria.
in time, to school disappears. It was very strong, and he was a scholar of the eighth century all the way up until the 10th century. for 200 years, his school was a prominent school in Syria, Palestine, Lebanon, and in Spain.
Jordan included. This was the main school.
However, in the 10th century,
the leading scholar who was a plaque was appointed as the main judge for that region.
His name was Abu Dhabi.
And he was from the shop a school of thought.
And as the judge based in Damascus,
he offered 100 dinars
for anyone who memorize
the concise book of
Shafi jurisprudence known as more tougher moodily
and the students who are studying in the schools at the time,
were encouraged to the offering of such a prize to memorize this book and of course, in memorizing
book now, this is a book of sharp eyes when you fall chapter if this was starting to take precedence over, outside,
and with by the 11th century, the old guy school of thought had disappeared.
Not because the mom I was it was a lesser scholar than a sharpie, or Abu hanifa. But simply because of this political appointment
and the offering of a prize for the memorization because what would happen also is that Abu Zubaydah being the chief judge in democracy, when he was appointing local judges, he would appoint judges who were following the same method as himself. So this was further encouragement to students who are studying that if we want to get an appointment, after we graduate, then it's best to learn the shaft.
So this political
method was the main reason why the School of Islamic law died out.
Another example is that of the salary mishap,
which was based also in Kufa, and he
used to be an authority was a contemporary also of Abu hanifa.
during the abaxis era,
I was sore,
appointed a governor to the region
demanded that susiana story become a part of the official judge
structure, judiciary of the region
to Fianna So, we did not want to become a part of that official
because he believed that there was deviation which has taken place, and that if he allowed himself to become a judge within that system, he would his ruling to the effect that he would not have the freedom to rule in accordance with what he thought to be correct. But he would be obliged to follow the official state line. So when the appointment or the order to come for appointment was sent to him, he's torn it up and threw it in the Tigris.
And of course, when he did that, he was also obliged to go into hiding.
Because now, the governor when he heard of that, he said, people to track him down and bring him
So to piano sorry, mom to piano sorry, was obliged to spend the rest of his life in hiding. He still has students. But you know, he has to be charming and moving from place to place to place. So naturally,
students, it was difficult for students to keep up with him.
in fact, actually, before he died, he instructed his main students, Amar, even safe to erase all of the trappings
instructed him to erase all of the rulings that he admitted.
Because, as he felt the rulings were rulings he made based on requirements for his time and his era. It wasn't to be something for all times in all areas.
So instructed that they be raised. His ruling, however, you know, have been recorded by other scholars who are involved in debates with him. So you will find in the various books of Islamic law and jurisprudence, the opinion of Sufi Allah is recorded the evidence which he used, and in fact, in recent times, one of the scholars from that region from Syria has compiled a book called of soufiane authority, in which he gathered from all of the various books that are out there, which mentioned is rolling into one book which gives an idea a general idea of his train of thought, his line of reasoning in his jurisprudence.
The third example I'd like to give of major scholars of that time, and this is just so you will understand that there were major scholars and there was a reason why these scholars and their schools of thought no longer exists is that of Imam lace. In fact, his school of thought was called the Navy, Messiah. Of course, most people who ever heard of
it was a major school of thought. And the marmalade was a contender.
wary of Mr. Malik. And in fact,
studied under Mr. Malik.
For close to 13 years,
he became one of the directors of the Warthog.
The completion of Mr. Malik, after studying under Mr. Malik for 30 years after my medic died, then he went to Iraq to study under the students of Abu hanifa. Because by that time,
and after studying under them under Mohammed, even the shibani
he then set out to Egypt to study under him late. However, by the time he got Jerry, mom lace was already dead. He died a few years before. So he studied under the students of Mr. bliss.
After studying under them,
and absorbing the knowledge which they had, he made a statement,
is a greater scholar of jurisprudence than Imam.
However, his students called his school of law
and weak students. He did not have outstanding students like those of him and so his school of thought became lost. What it is, is that it was absorbed by mama Shafi and became a part of the School of jurisprudence, which was established by a man shop in Egypt, which supplanted or displaced the lady.
what we have
some examples to let you know, that there were many schools of thought. And the reason why they disappeared was not because the scholars was not great scholars, but for a variety of different reasons, some of them political, some of them having to do with their students,
some of them having to do with
the inability to maintain due to the fact that scholars were at odds with the political leadership of religion.
The other point to note here, and this is limited take into account the claims made by some people that Eman Abu hanifa is the greatest of the
This is a travesty.
This is incorrect for us to do this. Because the scholars, these scholars did not
encourage this kind of partisanship. where people are going to hold on to their moments they will this is the greatest the moment he's better than all the others. That's why we should follow him. No, they never end curses and their students never understood.