Suhaib Webb – Usul al Fiqh Lesson Nine Usul alFiqh (laqabi) & Its Applications
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This has a history with me, Alhamdulillah, this
text.
That I'll explain hopefully in the future, but
welcome. I hope you're doing great. Insha'Allah, safe
and sound and your families
and your loved ones are doing well.
So he says,
There's a few points that need to be
made here.
Number 1 is, the turuk
is very different than, for example, if you're
in Al Azhar now studying, you know that
if you're not Hanafi, the Maqkar is Al
Minhaj of Sayna Imam Al Qadi Al Baydawi
with the explanation of Sayna Imam al Isnaawi
al Shafi'i Rahimu Allah.
And we know that Imam Abu Baidawi and
other scholars of Usulufirq, they say
Right? That usurufakk is knowing
the dalail
in a general way.
Imam Al Asnawi
offers important criticism that shows us the genius
of Abu Ishaq al Shirazi and Imam Al
Haramin.
And the
the
incredible depth of the Arabic language they possess
their knowledge
of
it. That they didn't say
they said Okay. Why? Because the word daleel
according to the majority of the Usuleen, as
I heard from doctor Abdul Salam Alatiyaq al
Azharri
who taught us in the quality of sharia,
is that
the word daleel or adillah
means according to the scholars of Usul of
Firth, the majority
something which is definitive.
So if
he would have contradicted what he said earlier
when he said that
That firk is the process of extracting rulings
with ishtihad.
Because ishtihad is not something which is definitive.
Right? It is a process which is based
on like,
negotiation,
right?
And engagement and research and theory.
So
ishtihad
means
text or no text,
scholarship,
outcome.
That scholarship process
makes this not
completely sacred.
The process is sacred, but the outcome is
negotiable. Meaning you don't have to, I don't
have to agree. You don't have to agree
with someone if it's based on istihad, if
we follow someone else's istihad who is credible.
So here we
see,
The second
is that he does not condition
He doesn't say
He
says,
That is
the
And that's very, very profound as I heard
from one of my teachers because
the other scholars, some of them say,
to know. So that means that the usula
are predicated on us knowing them.
But Sayna Imam Al Haramain and the majority
of Usuli'in from, Al Mutakalimin, they say, la,
la,
la, la.
Usur Al Fakk is here whether people know
it or not. And that means that, masha'Allah,
the responsibility
of learning and employing these
Masuliatun
Umayyah right is irresponsible of the Ummah of
the Prophet Sallallahu Alaihi Wasallam Fa'aina manuhamilhadihil
Usulah
Who's the person that's going to engage and
utilize these usula until the end of time?
And we'll talk about this more towards the
end of the text when we talk about
are there any more Mujtahids left?
You know, sometimes we hear people irresponsibly say,
there's no scholars, there's no ishtiha, there's no
Mujtahids.
Khalas, and there's no deen.
So Imam Al Haramain
Rahimu Hola, he says,
like my janky readers,
means that there is a general recognition of
what these
non definitive and definitive
evidences are.
That's why Sayyidina Imam al Hatab, he says,
what?
The statement of imam al Haramay. And then
between what and usul is a statement of
al haqqab
which you find in this book.
Right?
These are the ways that are gonna lead
you to
What does he mean by
In a general way. Then he gives examples,
You know for example, is a command.
There are 8 opinions amongst the Usuli'im.
Ijma'ad to know this. It's like general, you
know this.
Right?
It's like a general kind of thing.
What does the action of the Prophet mean?
There's tashriya,
gairo tashriya, it's more aqada, it's not more
and so on and so
forth.
Walhas walmujmal
walamwalkhas.
Right? Universal text, specific text, walmujmal, ambiguous text
like
biadihi,
So so like these kind of things are
gonna fall under like a general knowledge, not
specific. The amr means this, the nahi means
this, the action of the prophet means this,
qiyas means this, ijmaj means this. That's different
than Ara Sabir tafsir.
Ara Sabir tafsir specifically is fiqh.
As I said earlier, then Imam Al Habab
says like, does does a command mean that
it's an obligation?
Does a prohibition mean that it is forbidden?
And then there's this general kind of engagement,
are the rest of these things proof or
not like the actions of the people of
Madina? We'll talk about it in the future.
Will talk about it in the future. Will
talk about
in the future, and so on and so
forth.
And
more things to come, Al Haqqab says. Then
here Al Haqqab says something important. The difference
between
And he said,
is different than fiqh
because the tawrq of fiqh are specific to
actions
and situations,
and they come with descriptions,
right, that cause you to arrive to certain
conclusions.
And that is that the tariq,
right, the methods of fiqh,
the evidences and so on and so forth
of fiqh lead to specific
actions,
specific situations.
And those turuk
guide us to the ruling of that specific
situation. So was dealing with the text,
the evidences,
whether definitive
or not definitive, whether textual
or not specifically textual
where
is
The specific issue. So
he gives a few examples.
So fiqh is going to be something which
is
clearly coming from a text without
or there's ishihad involved or there is,
something which is going on between the intellect
of the scholar, the issue and the texts.
Allah says establish
The al Suri is gonna look at
Right? This text means obligation. The Fakkir is
gonna say this text
is
proof that establishing
prayer is an obligation and somebody who doesn't
do it makes himself eligible for punishment, and
someone who does makes himself eligible for reward.
Right? This means this this is a nahi.
The faqir is gonna say this is a
text which shows the act of adultery is
forbidden and makes someone eligible for *, and
someone who leaves it, inshallah, will be rewarded.
The prophet is praying in the Kaaba. Is
it Mu'akada? Is it
Nadab, Skarav Firkh is gonna say this is
this kind of sunnah this kind of sunnah
blah blah blah blah. Details.
There's a consensus
that the daughter of someone's son gets a
6th
if the deceased daughter is still there without
the asab,
So they're gonna say,
you feed
you feed.
There's ijma on this, so that means,
according to Osuli, this evidence means obligatory.
The Faqid is gonna say as it explained
here,
Right. So rice and bhur, there's kliya that
they are what?
So
that rice
and burr are the same.
You feed
according to the one who's making whatever he
concludes.
Permissibility,
not permissibility, whatever.
But the
is going to go into detail on the
issue.
So it's like these are specific evidences that
he gave.
Right? The actual specifics of the evidence, you're
not gonna find in Usur Ufil. The sources
of the evidence, you're gonna find in the
books of Usur Ufil.
So he's modeling these deep discussions in the
hamash here
are firk.
The understanding what I wrote on the side
of them from doctor Abdul Salam Al Atiq
is
also
How do you how do you understand these
evidence to be employed? Does
Does to do, wajib not to do?
And then he says,
after this, and
what are the qualifications of the person?
How do you seek
these things for evidences?
How do you
Baidawi says,
How do you benefit from the meaning istila?
So I have issues in my mind and
I need to use these evidences. How do
I use them
to come to a proper conclusion? How do
I use istila to come to the daleel?
And then the last part is Halal Mustafi.
What are the qualifications
of the person who can do that? That's
what we're gonna talk about for the rest
of the book.