Suhaib Webb – Usul al Fiqh Lesson Seven Fiqh’s Definitions Of The Shari’ah Rulings
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The speakers discuss various court rulings and ruling related to the internet, including a ruling on "naqna" and its potential consequences, as well as the use of "naqna" in Arabic language and its potential implications for one's behavior. They also discuss the legal framework for avoiding evil, including avoiding intention and the consequences of bribery and fraud, and the impact of "naqna" on one's behavior. Additionally, they address the issue of repugnant actions and the definition of a decision to avoid, as well as the consequences of a contract.
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Let's continue now our reading
of the warakat of Saydna Imam al Juwayni.
And last time we talked about quite a
bit in detail the idea of hokum, the
different types of hokum.
We mentioned the Imam Al Berji's incredible, you
know, just beautiful
kind of discussion on that in his introduction
to the Muwata in his Al Muntaqah.
And you recall
that I noted that imam al Haramain in
his text is using
the words for rulings,
the descriptions of rulings
which are applicable to actions. So he says
and so on and so forth. That
wasf is for an amal.
Those words are used to describe an action.
Okay?
In as
I mentioned before, we have ijab,
These are used to describe texts.
Right? And the intensity of the command or
prohibition of the text or the lack thereof.
But I want to read his book just
to be honest. Right. We wanna go through
his entire book, and I'm not going to
get too much into this unless it's necessary
or I feel that's going to come later
on.
Because as I heard from
Doctor.
Abdul
Salam
Atiq
that
Imam
Al
Haramain
wants to help people begin to craft and
understand and scale
the ideas of in their minds. So the
warakat
to is
what
is to Arabic.
A primer introductory text. What what is
is to
a specific madham.
So he says
The word wajib, it's important to note that
the majority of scholars of Ulsu do not
differentiate between al wajib and fard.
Only the Malekis do this for example in
Hajj, they have what's called fard and wajib
but other than that you don't find it
very often.
And it's important now that I tell you
that there are actually 2
madhabs
in the study of Usur Al Fikh within
the Sunni community.
The first is what's called
and is specifically in reference to the Hanafi
school in Usul.
Is
in reference to the Madakis, the Shafi'is and
Hanavila.
So our our method that we're following here
is Al Mutakallimun
and and the Mutakallimun
do not for the most part differentiate between
wajib and fard. They use them as Imam
Al Khazali mentions in Al Mustasfa.
They use them as synonyms as interchangeables.
The word Wajib actually means to stop. We
say
when the sun reaches its zenith, it stops.
So a is something that you and I
stop at. When Allah
commands us to do or not to do
I surrender myself to the command of Allah
for.
That's why it's called wajib, subhanAllah.
And that's why Imam,
al Junaid,
he said if you see
someone even if you see someone flying in
the heavens,
you know, in the sky, right, don't
don't emulate them until you see how they
act in front of the
meaning
The obligatory
acts.
Whatever the prophet
has brought you commanded you do it.
Whoever obeys the messenger has indeed obeyed Allah.
So the wajib is something that
and that's why subhanAllah
he says and here he's describing the action
Again, there's a lot of discussion about this.
We're not gonna unpack that now. We're just
gonna read what he says. He says that
the wajib is what if somebody does it
correctly, of course, with the niya
and following the prescriptions,
given to us through the Sharia, he or
she will be rewarded for it.
And if he or she doesn't do it,
they'll be punished. Here is where Ulemaah said,
you know, Allah Subhanahu Wa Ta'ala
says,
Allah can punish forgive who he wants. So
just to open up the idea that, you
know, just because I do something, if I
may not have done it right, I may
not have done it correctly
with the right intention that may impact my
reward. And if I fail to do something,
I may be forgiven by Allah Subhanahu Wa
Ta'ala. But who would want to make them
eligible
right for for that type of, like, kind
of doubt or fear subhanAllah.
After talking about
alwajib, he
then moves on
to the next ruling.
And and I have it here. He says,
that after the wajib is the mandub.
He says wal mandub and actually
was told to me by doctors,
Zaidan.
Zaidan is one of my teachers in Esar.
He was really
phenomenal human being
He's very old now. He used to be
the the dean of the college there.
He says that, you know, in the sheikh
he says,
something which it's recommended to it.
Again, a lot of discussion about this. A
lot of things that can be broken down.
It's not my purpose now. And Mandub is
synonymous with sunnah and fadilla
and other terms that kind of carry that
meaning. And there's different levels as we'll talk
about when we go through the Madiki Usul
inshallah.
Hope to read the inshallah to say,na imam
Labaje in other texts which kind of break
down al Mundub.
But al Mundub is synonymous with sunnah. So
the wajib, like salah,
the sunnah is like, you know, where do
I put my hands in salah?
Or, you know, praying 2 rakat
which
you know someone will be rewarded
for observing it properly
and they will not be punished if they
do not perform it. Although again,
a big discussion about like continually missing
certain aspects of the sunnah
could cause someone some serious,
issues. We ask Allah
The
third
the
haram.
And the someone
will be rewarded for it if they don't
do it. And here there's a lot of
discussion. Does a person have to have intention
for not doing the haram? Does one intention,
like, cover all of the forbidden I heard
from Sheikh Mohammed Hassan that,
like, yes, you don't have to have intention
for avoiding the haram, like you'll be rewarded
for it,
masha'Allah, out of Allah's generosity and mercy. The
fact that we are default
avoiding evil.
We ask Allah
But there's discussion on this that we'll we'll
address in the future. He says,
so not doing it, you'll be rewarded insha'allah.
By doing it, you make
yourself eligible for punishment. So, for example, not
praying
or, not treating our parents well,
spousal spousal abuse,
you know, stealing,
all of these things fall under the forbidden.
The 4th he
says
which is repugnant,
right, an act which is disliked.
Again, a lot of discussion on this issue,
but the general idea is you'll be rewarded
if you don't do it with intention
or not. Talk about that in the future.
And you will not be punished if if
you do it if you do it.
And then
he says, well,
and then he says,
right, that the is
something
which somebody is not going to be rewarded
or punished for it.
So if they do it, if they fall
into the permissible,
they're not gonna be punished for it because
it's permissible. Again,
you know, there's quite a bit of discussion,
on that issue.
And then
they also will not be punished for it
if they fall into it.
But, you know, what if someone starts wasting
their time or the
the Mubah leads to the Haram or to
the Makru?
This is where especially
you're gonna find in other texts,
you know, some discussions,
about that.
Then he continues
and he says
and this is where he adds 2 more
rulings that weren't there before.
Means that something is not observed before the
act starts.
So therefore, it renders the act,
ineligible.
So for example, marriage without witnesses,
salah without wudu,
this is and
largely it applies to
contractual
agreements.
And what that means is since the contract
is
from
it's void,
then that means that the the outcome of
the contract
is suspect.
So for example I heard from Sheikh Hamal
Tahirayn,
you know
what they call
where people are getting married and then they
are foregoing, like,
major rights just to have, like, physical relationships.
In the Maliki school, he said to us
that this is not recognized.
But if
it
there was a physical relationship
and if there were children and so on
and so forth, then here we find something
beautiful. It's called
The Malekis would recognize that contractual outcome.
So even though here's an example of something
which is,
but because of the harm
that could come to the children and to
the family and maybe the parents were ignorant,
right?
Then the rights of the marriage continue.
The the the the marriage would be what's
called then the the the the the the
marriage would be what's called because
of it's it's being bought.
The foundations of the marriage aren't there.
This also applies to things like business transactions
where people find out that the contract that
was crafted is, like, illegal.
It has things which contradict,
religious law as well as, of course, now
we're living in in in different legal
system. This is botlan. So botlan means that
the shorut of the act,
the conditions of the act and the foundations
of the act weren't there. Like if I
prayed
wudu
on purpose, not not out of forgetfulness.
I purposely prayed wudu.
Some people even say this is kufr, may
Allah protect us. Then that will be like
the prayer Khalas. I have to go back
and pray it pray it again. So Imam
Al Haramain, he says,
Right? That it is
it's carryover is not going to be recognized.
Right? The impacts of a contract which are
rooted in something called
as I mentioned except in a few situations
like shivar and the Maliki and some other
things within the Maliki school,
the outcome of that contract is going to
be rendered void. Then he says, well Sahih
is the opposite.
Right? It is going to be related
to
and its
impacts are going to be recognized. So for
example,
somebody they get married correctly,
one of them dies, the the contractual contractual
kind of outcomes of the marriage is how
the inheritance is going to be distributed. That's
called sahi.
Sahih. The majority of
the they mentioned here that Batal and Sahih
actually are going to fall under what's like
wajib,
mandub, haram and makru, right? Or haram and
wajib,
like wajib to do, wajib not to do.
So there's no need to separate them as
2 different categories. And also sometimes we find
people doing this with arruksa
and alazimah. But again, those 2 also are
going to fall under what's considered
an obligation to do or highly encouraged to
do. So Alhamdulillah, now we went through Imam
Al Haram main definitions of the rulings. It's
not really that important to me for you
because he's talking about what is applicable to
the science of fiqh as was Abu al
Ishaq al Shirazi and al luma. What's more
important is that you understand the definitions that
I gave previously from the scholars of Ulsul
That wajib is Amrun jazim. Right? That
that hijab is a definitive order
to
do that,
Right? That
is something which is either
let me correct myself.
Highly encouraged to do or highly encouraged not
to do, but it's not definitive.
Right?
Is
a command to avoid which is definitive, immutable.
And makru is an order to leave which
is not immutable. There is some leeway.
And then muba is Adam. What imam ibn
Hazm called Adam.
Right? That there is no text, that there
is nothing there that signifies
the thing
is forbidden.