The Development Of Fiqh 7 30 94
Channel: Jamal Zarabozo
File Size: 7.85MB
Giving back all of you, brothers and sisters, as well as our learners color. As you know, our now the second session is going to start
garbage bozo from state, he's going to highlight and he's going to address you on the subject development of thick in the light of
thick, his understanding and comprehension disarming and the light of tomato he is going to address you. So may ask request better than here to please be quiet and give their patience and time and please
share jamaludin Please forget about the Matura.
As you see, as you can see, according to the schedule, I only have 10 minutes, so I have to speak as quickly as possible in order to fit the 45 minutes worth of material that I was supposed to have into those 10 minutes. And let's sit for a while before dynasty, let me go beyond three o'clock.
The topic, I don't know from the title that has been given if it is clear exactly what it is referring to the development of second the light of the sun now.
What I mean by that shall be made clear as we go along.
If you're familiar with the two topics, and
that being we could call your parents and orphans, we could call it Islamic legal theory.
Both of these are two independent sciences in Islam.
And both of them in fact, existed during the time of the problem 100% of
like almost all sciences, the sciences codified and the sciences developed
in the sense of writing about and so forth after it already exists.
I don't think there's any I prefer few not.
Maybe there's a language at speak English and the temporaries we
just say that's me to try to make things a little bit lighter since the first session was a little bit heavier. And had he not said that probably I could have told you interesting anecdotes to begin with, because he said that I haven't been able to think of anything, don't work under pressure like this.
inshallah, that will be sufficient. That's one that one fixture for today.
Those things the field of hip and also the depth. They of course existed before people begin to write about them, before people get began to record them. And of course, they existed during the lifetime of the farmer hematoxylin and existed during the lifetime of the Sahaba or the companions of the former president.
And what we see during that time during the signing process anymore, more importantly,
such as he had are such token buddies he had during the time of the Sahaba
he had with the main principles and rules of HIPAA, or legal theories were being implemented, and so forth. As you situations arose. We can see in the heart of the difference the harbor, we can see that they're applying some theory or some legal way that later became known as
however, there were some characteristics, outstanding characteristics during the time of the Sahaba
or during the time of the province of Finland, which are some of the basic characteristics of a foodstuff.
And these basic characteristics are based are two.
Do obedience is huge on us and handling data, that absolute obedience is due to all of our data. And also we understand Islam and we will be able to handle it to Allah by following the way of the problem of homelessness in
this is clear many places in the Quran Allah subhanho wa Taala says yeah, you're letting me know. I feel love was the little tool for only a min from thinking that somebody
in concrete to mean we'll be late William an acid, which Allah subhana wa tada says, all you who believe or believers obey Allah and obey the messengers. And those in authority among you the word, the verb to obey, has been used in front of Allah, and has been infused in front of the name of processing over the messenger, because they demand absolute obedience, whatever they order, we have to follow. And then comes those in authority among you, the obedience to them, is restricted to what they say, as long as it is consistent with what Allah Subhana Allah has revealed in the Quran or through the similar format.
And then the reverse continues by giving us a very important principle. If in fact, this principle were to be applied, much as the differences mark of the thumbs that we have amongst the Muslim Ummah will not exist today. And that is that whenever we differ about any matter, whenever we differ about any matter, we have to take that matter to Allah and the messenger. And as the Sahaba themselves, and as a necessity and after them, explain picking it to Allah means taking it through the book of Allah put on. And taking it to the messenger means what he's alive ticket directly to him, and after his death ticket to the sooner, but similarly, I'll listen handling data,
in numerous places in the forum points out the importance of obeying Alon His Messenger, and whenever they have decided anything or anything has come from them, either one of them, then we don't have anything in the metal, we have to sit this completely, or mechanically, meanwhile, Illuminati is a follower to the woman, and you're gonna lose. And you can almost hear from him. For me.
Allah subhanho wa Taala thing that the characteristic of the true believer,
whether it is a male or female, is that whenever I'll listen to what Allah or the messenger have decided anything, then they don't have any say in the matter, they don't have any choice, but they must admit to it completely, and wherever disobey the law, and the messenger has agreed for a straight. So these two principles, we find them very clearly in the drip, or the second one is the term of the Sahaba. From dating from the time the public settle in the way of the harbor. And as we know, the Sahaba, or that generation, which Alyson Henrik islands declared that they are a pious people, and almost ahead of what God has declared that he is pleased with them. And the lead
generation took these two basic principles as the founding points of their fifth and silver.
However, over time, we see that individual, six schools or or regional, six schools begin to develop.
And these six schools had some kind of characteristics, some common characteristics among them. And they differ also on some points. For example, a school developed in Medina, a school developed in Iraq, a school developed in Syria. And so
probably the most important of those I mentioned are those of Medina and Iraq, because they are the ones who are basically still alive today and having the most
influence today. The School of Medina and the teachings of Medina led to of course, the great, our great, Mm hmm.
I love the please.
Well, in America, one of the principles of their way of teaching one of the principles of their school
is they had a tendency that when it came to the present system, they had a tendency to judge those candidates in the light of the the ways or the practices of the people of Medina.
Now theoretically, theoretically speaking, there is some argument I mean, they are not allowed in these great scholars who are not
acting on their own Hello, their own desire. They have some basis for their arguments. But unfortunately, if we study their argument, their argument is somewhat somewhat weak, when we're familiar with the history of Hades and how it is possible for the people in Medina, not to know some Hadith, that somehow they may have narrated to people of different areas. So they had a tendency to judge at ease in the light are the practices of the people in Medina, for example, fit fasting six days into us,
Mr. Malik is absolutely against it even he considered it a kind of innovation to fat six days in the month of July following the month of Ramadan, because he did not find that to be a practice of the people in Medina. So one of his one of his points, one of his guidelines, is that when it comes to him, if it goes against basically the can
consensus of what the people of Medina were doing, then he will neglect that Hadith and follow the way of the people of Medina. Now some of his, some of his own students disagreed with him, and tried to show to him that perhaps this is not the best way. And
unfortunately, though, as you can see from the life
in America, he was always convinced at this point of the importance of the actions of the people in Medina. Unfortunately, also, this discard kind of developed in Kufa and also in Egypt. But not, of course, to the point that it's developed in the medical model, obviously, because Medina had a special place that the other places could not clean for them.
Now, the case of Iraq also was somewhat of a sicko case.
With respect once again to the heads of the former president.
And that is that
as you as if you're familiar with the history of ad Ops, at that time, there was lots of fits in or there were lots of problems.
So to speak, coming from or existing in India, there are lots of the groups have what are known as our the heretical group. They were based in Iraq, where they have done much of the support from Iraq, and they were very lively in Iraq, and also some of the earlier forges of Hades, you can take them to Iraq. So because of that situation,
the stores of Iraq
took a different approach to to have you come back to the the Iraq. So some of the other stores, for example, from Medina and other areas, they know they knew that Iraq, many of the ladies were not passed on properly in Iraq. Some of them used to say that Teddy, if you leave this long from the hijab, and come back from it off to this room, and because of the fabrication or the editing, or the lack of proper transmission of Hades in Iraq, due to many, many circumstances. So therefore, some of the scholars of Kufa or it also in general, we're very careful when it came to sipping Cadiz.
And they used to add some conditions,
which were beyond what was necessary because of their own particular situation. And because of the status and the situation of heavy in opposition. Now, Hamdulillah, they had, of course, the scholars of Hadees, they had great scholars of Hadith in Iraq. But the general situation, and the problems with respect to Hadees were something specific, and it often particularly
towards this means now is that some things developed from the time of the problem of necessity,
to the time of the real development of these different mazahub, like the Hanafi madhhab, in the medical,
there began to be some trends developing. The one thing I mentioned in Medina about
never speak after lunch.
Water doesn't won't help now, the heart stuff is already there. And
with effective, they said to the people of Medina,
some ideas they used to study us in the light of their own practices, and therefore, they will not necessarily apply some of these ideas. With respect to the people of Cuba, the situation was, was somewhat worse than they used to put much more stringent conditions upon accepting headaches and some conditions, in fact, that if you study them, you'll see that they have very little or no basis whatsoever, from the point of view of the city of
one of the one of the conditions, for example, that is a famous conditions. And the hand of you might have although if you study some of the early books, of canopy, or how to do sort of stuff, I guess, I should say, you'll find that this actually isn't necessarily part of the hannity model, although it has become the very famous part of the Hanafi madhhab. But obligees in Bukhari and early scholar who wrote the shot or commentary, one of the earliest books of Hennessy which, by the way, he says, in fact, this is not the hannity murder, but anyway, this is known as the happy mother. And that's one of the things we have what is known as a certain mother isn't always the mother. And this
is this is the point that if Heidi for example, contradicts but yeah, so analogy is strong analogy, then the headache is neglected. And the strong analogy is, quote, a strong analogy I'm using my own term there.
It has a specific characteristic. How this if you just think about it logically, you can understand why later scholars criticize this view and criticize this you heart
Because the store analogy, analogy is supposed to be based on what's supposed to be based on the the cases, or the issues decided in the Quran. In
other words, you go to the Quran and he goes to the seminar. And you see this approximate says this about case a, case b looks similar to a few. So you say that the ruling for B must be the same as doing great.
But again, what are you basing your fear? So, you know,
you're basing your fiachra analogy on the foot on or, in other words, the heavy performances are the basis for
now, so if you come to a case where the father says, tell him, what have you please to judgment a about a certain case, we'll call that case.
And then there's another heading is about a different case, we'll call that case v. And the two rulings are different. Now, if you come along and say, Here's Casey, Casey looks like a for your arm. So you look again, at case B, you look again, at case B, whether the heads of the processor, I'm above case B, and you look at and you say look a B looks like this A so therefore, the ruling of case b should be the same as the ruling of cases.
Even though there's a Harris proposes that I'm showing us that the ruling for case D is different on the basis of C if you reject that Hadees. And you say that it must be the same as the roaring 40s.
Fortunately, you don't have a chalkboard, anything that I could write all of this up. Sometimes when you start lecturing, you begin to wonder why you got into certain niches and whether or not it was good to get into this particular issue. The point here is that the products are selling is showing us that A and B are different. The province SLM his IDs are showing us that A and B are different, there are two different cases, you cannot make analogy between A and B, and say that the ruling for B should be the same as a
again, the heading is the decision, the ruins of the Bronson that this is when we base our analogy for so we have to accept B as a separate case, and a as another case. So but unfortunately, it developed through time, and some of them are hubs
that if the head is developed, tested and vulnerable, rejected, rejects, or contradicts a strong theist, and we reject that Hadees. And we follow instead.
Again, as I said, if you look at it logically, from the point of view that these are clear to be based on Heidi's judgment and judgment, this reasoning actually does not make any sense at all. And as I said, Buhari himself said that this is not the opinion of the Hanafi madhhab. The Hanafi madhhab is the cover or the report always takes precedence to see us sometimes also is the narrative of
what someone did they cannot consider, they did not consider a strong defeat.
And if someone's strong and so
for example of a raider,
unfortunately, I'm worried I begin to get this.
people begin to say this about Aveda that he is not a puppy, he is not a good Europe.
So therefore, they will question some of his Hadees if it goes against once again, they're fully up and some of their principles if it goes against some of their principles, they will sometimes reject the idea of override on the basis that oredo is not a good
writer and so I'll be pleased with him. And he's the one who said that is not a good book a probably is not that familiar with him as a narrative Hadees Of course, his narration cannot be questioned. And even in depth he was known to give some power and he was respected by the other Sahaba although he was not from among those Sahaba used to give a large number of patella. So these are some of the developments, developments that occurred over time from the time the prophets I send them to the beginning of some of them. And a vacuum amateur Hey, he noticed some of these developments. And this is what was the some of these are some of the developments that LED MR. McAfee to write his book of
return, which is considered by some, although there's always debate about this kind of thing considered by some to be the first book on authority.
And some of the issues that he was most concerned with are these kind of issues were addressed as a product that didn't come to us through authentic narration. We have no reason to question whether or not the public sector them said this.
We have no reason to question this whatsoever from the point of view of this narrated to us from someone who is suffer and suffer means is trustworthy. That means is both
Boba Fett is both proficient and he is also added or a person of righteousness. So the comes to us from these kinds of people all the way back to the promises, and then we have really no right to questions, we have no really, we have really no right to use our opinions and to use to ignore that Hadees and start making own judgments based on other sources, whether it be put on or the headies. So, mmm shall be spent much of his time, both in retail and also and other smaller books that have been published and hamdulillah with
refuting these kinds of trends and showing that from the from, from the from the from the way of the Sahaba It is our obligation to obey Allah subhana wa tada and obey the province of Salem, and whatever comes to us from them in a way that we cannot question the authenticity of it, then we have to accept it, and we have to apply it. And we cannot use our opinion on personal judgment, to reject or not to apply anything that has come directly from the problem or from the front.
And this is really one of the basis or the most important aspect of the knowledge of these techniques, or his revival, reliable tools just because as I said, although he was one of the first people to write the book on tourism, what he was really doing was trying to Revival to the depth or bring it back to the way it was during the time. And the problem is
he noticed these things straying from the way of the brawn and from the way of the entrepreneur. And so therefore, he tried his best
through these writings to bring back the sort of depth or legal theory and the practice of sitting
back to the way it was during the time of the problem.
Know, there were even further developments after Mr. McAfee or from about that time, especially when
and this is also an unfortunate development world.
or legal theory begins to get mixed with many times MLM or
the study of scholastic theology, and many issues, many strange kind of issues born to those soldiers up from the time of the Sahaba began to be entered into this discussion.
And one of the things that occurred, which I'm sure Jeff
will talk about in his lecture, is at the beginning, the development of the idea that any hobbies which is not motivated
and I guess I can't wait
for him to explain to you the medium with weapons. So I guess I better give you some sense of what was in the way that the classical hydrazine define it. And this is not actually the definition of mutawatir from the point of view of itself. They define it that narration or Hadees, that is narrated by so many people are through so many chains, that there's no question that it was not the result of a deliberate forgery. And there's no question that they all could have made the same mistake and then there is.
So, this kind of was developed
an idea develop that this kind of Hadees gives you certain or definitive knowledge, this is called copy it gives you a definitive knowledge
and any ideas which is not motivated,
will give you probable knowledge or then it'll be considered done.
Now, what happened and he this, so, you have some hobbies which they consider definitive and some hobbies which are considered probable Now, obviously, and also death or legal theory anything which is definitive takes precedence over anything, which is probable. Now, as we can see in the bronze.
One of the rules of the Roman system was to explain the Quran. The polycephalum was given the Quran and he was explaining it, who has the haba he was putting it into practice in front of them. And he was teaching them the meaning of the verses and showing them how the Quran is to be applied. And anything which was
that needed to be explained from the from the publisher silom would explain it to this house. And that was his goal when they look at the civilian immunity manual the name that was part of his responsibility with respect to the fun that was revealed to him in order for him to explain to mankind what had been revealed for them.
However, this later developments of calling some heavy squatting and other than knee, which is something that we don't see again from the time of the Sahaba
they did not break eddies into this kind and say this if it comes to someone, and he's the only one who narrates the Hadees they'll say
Okay, this is only we'll leave it for now. And we'll apply some other principles.
On the contrary, even Solitaire, how do you think we came to them from trustworthy sources, they would accept it in the applied. And we can give many examples of that. And I'm sure the chip that Haven is lectures will give examples of that.
But what happens
is that if you call some heavy copy and somebody and you call all the foreign copy, then the sooner is no longer an explanation before on because now the person is saying one thing and explained is being claimed by the center. However, according to this view, it cannot be explained by the center because the Quran is a stronger source, then goes ahead, Eddie, let me just give you an example.
To try to make this clear, I can see on your face is this done done in LA that I shouldn't have gone down? What can I say?
Allah subhanho wa Taala. And in discussing the what recite in the Quran, the Quran and the salon, basically say that we should recite what is easy for us to recite in the salon.
So this is a general statement, and this is from the Quran. So therefore, from some scholars point of view, and particularly the Hani atapi point of view, they'll say this as puppies and Delilah as definitive as evidence,
as well as copies of both independences as an authority as with respect to transmission.
So this is all that it says about what we should write what we should recite, and the thought we should simply recite what is easy for us to service. Now there's How do you think about the film? There's many How do you propose the film in which he shows that?
It is obligatory? Or there's no facade for the one who does not recite, sort of in fact.
Now, I won't get into the question about what if it's good or not that are most of the members reciting aloud or blindly? I don't? I'm not getting into that. The question is any prayer, any prayer for some of these had to be solid, they'll say that the
this reciting circles that you have in the slot is not is not a strict obligation. It is simply words, if someone needs it, if someone doesn't want to do it, according to them, that is
possible in the sense that the laws will not be as good, but a lot will still be valid. And they got to this conclusion, and they ended up with this result, because they divided this unknown ideas into two types. And basically, they said this type is a very weak type, even though they're authentic ideas. And so therefore, we don't apply them when we are applying the general
principles of the Quran. So over time, now we can see, and we can study different modalities. And it's not just a kind of human effort. There's also other modalities, where over time based on principles that have been developed from the census and the Sahaba, then were unknown to the Sahaba. All of a sudden, people are rejecting Hadees, as well says no more. They're not applying Heidi's proposal films. And some scholars have mentioned For example,
some and I'll just mention some Heidi's this
particular mother, however, particular schools do not apply because of things that they have developed in their own zip or in their legal theory, that are really foreign to what existed during the time of the former president.
The principal, for example, if a man gets married to a second or third or fourth wife, if that woman who is married is a virgin, he should stay with her for seven days and then make equal time for all of his wife. And if she's not a virgin, then he stayed with her for three days and make equal time for his wife and so forth. This is a Harry Potter, venomous inauthentic. Hadees but many of the mothers say no, this is not correct. This is not the principle that they apply also with respect to the one who commit fornication the non married person who commit fornication is Hadith of the Prophet system, that says that the besides the flogging such a person should be banished for one
year. And again some god they say no, this is in addition to what the Quran says. And this is a headies that we cannot accept or put on saying put at the same level as the put on put on doesn't mention this. So therefore, we will not apply similar hedges about people who
speak out of forgetfulness, or out of ignorance before or in the case or for in real in retaliation for a non believer. This How do you suppose SLM is not is not applied for some reason.
There's no marriage except with the Willie or guardian for the woman. Again, this does not apply from some of the heaven, I can tell you stories, horror stories of from the United States of how
the lack or the abuse of this Hadees has led to many difficulties. And I'm sure you can probably give me your own story. But we'll leave that for another thing. mentioned, you also mentioned a mean thing, I mean, allowed in the slot after 30, and so forth.
Putting the right hand or the left hand and the in the prayer,
even the head if about Africa, there's some mazahub that don't apply the principle or the action of Africa whatsoever. Performing silicon via or the funeral prayer for someone who has who had died someplace else and does not have anyone to pray over him. This again is not applied, but some of the methods and so forth. And either many, even if I'm as mentioned quite a few others, then he has mentioned quite a few in the booklet that he has. And he these are all Hadith which are authentic hadith of the prophets assylum. But because
this has strayed from the time, the prophet system from the way it was during the signup process, and new concepts, new ideas were added. Because of that these IDs will foster system B's authentic ID from process cillum were not or are not supplied by some
different some of them.
So what we see now, basically, I've just been discussing one aspect of Seoul, Japan has it is related to the place of the sooner and Islam and in particular,
whether or not we are allowed to accept different principles and use those principles that were not principles used by the Sahaba. Were not caught by the promises lm, can we use those principles to reject authentic IDs and profit system? How do you think we can trace back
to the problem.
And in as I said, Because of this, now we have a fifth which is different actually from the practice of the practice of the province of Salem, and the practice of his harbor. Finally, let me just say in in ending that the real sort of the authentic, or the authentic legal theory, the authentic is that when we take and we find the province of Finland, and it is authentic, then we have no right to question that on the on the any on the basis of our own opinion or basis around judgment. And as the Suki once wrote, and your approach to such Harris should be as if the province of Salem was in front of us telling us that you must do this or you must do that. If we're standing in front of the
province. And the province of Salem is telling us that this is the case you must do this you must not do them so forth. Obviously none of us would ever say well, let me see if what you say is correct according to some standards I have, let me see if what you say is correct according to some classic developments over the heads of their authentic that is the basis of our Deen we take that as the basis and we apply and we get our principles from that. And we apply that and instead of developing our own principles that are formed to the way of the Sun and the way of the Sahaba and judging Hadees based on those
four principles on shallow with that that will end to help us inshallah, catch up a little bit on our schedule.