Sunday, February 16, 2014

The Application Revelation {June 08 & 09 2013} {Noted}


Part 8 & 9

June 8th 2013 / 29 RAJAB 1435 HIJRI


Notes Edited By Abu Hafiza

We have 15 different sources by which the sahabah and tabi'ee applied Allah's revelation.

So usool ul fiqh was developed over the years.

And it was Abu Hanifa (RA) who started it, but Imam Shafi'i (RA) wrote the first book of usool ul fiqh.

It is called Ar- Risalah.

So we owe it to the Four (4) great imams because they developed this knowledge.

So it is not just enough to study fiqh.

You have to study usool ul fiqh.

Narrated Muawiya: I heard the Prophet (SAWS) saying, "If Allah wants to do good to a person, He makes him comprehend the religion. I am just a distributor, but the grant is from Allah. (And remember) that this nation (true Muslims) will keep on following Allah's teachings strictly and they will not be harmed by any one going on a different path till Allah's order (Day of Judgment) is established."

[Al-Bukhari (71) and Muslim (1037)]

Prophet Musa (AS) was the first person to use the word fiqh in surah 20:25-28.

[Musa (Moses)] said: "O my Lord! Open for me my chest (grant me self-confidence, contentment, and boldness). And ease my task for me; And make loose the knot (the defect) from my tongue, (i.e. remove the incorrectness from my speech) [That occurred as a result of a brand of fire which Musa (Moses) put in his mouth when he was an infant]. That they understand my speech,

(Ta-Ha 20:25-28)

Yafqahu is when he used the word fiqh.

So in order for you to understand fiqh properly, you have to study usool ul fiqh.

The last time we spoke about the amal of medina.

And we said to you, this is Maliki fiqh.

This fiqh is popular in North and West Africa.

Imam Malik (RA) said the amal of medina is hujjah.

e.g. when the prophet (Sallallahu alayhi wa sallam) recited surah Fatiha, they would say Ameen very loudly

Imam Bukhari in his Sahih in the Chapter: The Imam saying "Amin" aloud: 'Ata' said, "'Amin' is a supplication." Ibn az-Zubayr and those behind him used to say "Amin" until the mosque reverberated. Abu Hurayra used to call out to the Imam, "Do not let me miss the 'Amin'." Nafi' said, "Ibn 'Umar did not neglect to say it and encouraged other people to. I heard him say good things about it."

[Sahih Bukhari (1/156)]

So this is hujjah to recite Ameen loudly not with a low voice.

On the authority Wa'il bin Hujr "I heard the Messenger of Allah recite, غَيرِ المَغضُوبِ عَلَيهِمْ وَلاَ الضَّالِّينَ (Not (that) neither of those who earned your anger, nor of those who went astray), and he said 'Amin' extending it with his voice." Abu Dawud's narration added, "Raising his voice with it."

[Musnad Ahmad (4/315) No. 18862, Sunan Tirmidhi (2/27) No. 248, Sunan Abu Dawud (1/246) No. 932]

Abu Hurayra narrated that "whenever the Messenger of Allah would recite, غَيرِ المَغضُوبِ عَلَيهِمْ وَلاَ الضَّالِّينَ (Not (the way) of those who earned Your anger, nor of those who went astray), He would say Amin until those who were behind him in the first line could hear him." Ibn Majah's narration added, "Then the Masjid would shake because of (those behind the Prophet (Saws)) reciting Amin."

[Sunan Abu Dawud (1/246) No. 934 and Sunan Ibn Majah (2/36) No. 853]

Another example is: the prophet (Sallallahu alayhi wa sallam) never collected zakah on fruits and vegetables.

Imam Malik is correct in this opinion because anything considered a consensus among the people of Madina that this was the sunnah, is hujjah.

The amal of Madina is an integral part of the Islamic shari'ah.

That was the seat of learning during the time of the prophet (Sallallahu alayhi wa sallam)

Another example: In adhan, you say Allahu Akbar 4 times but twice in iqamah.

So you say the iqamah in half of the adhan and this is the most accurate opinion.

The Maliki madhab should be stronger than the Hanafi because Imam Malik (RA) lived in Madina while Abu Hanifa (RA) lived in Iraq

And don’t forget the first book of hadith collection was the Muatta of Imam Malik.

And the caliph was so happy he said he would make this book the official source of knowledge.

But Imam Malik refused because this would be assabiyya of madhab.

Muwatta of Imam Malik, every Maliki has this book.

On the authority of Abu Yusuf, he said: 'I heard Abu Hanifah saying: "When a Hadith comes on authority of the Prophet (Saws), on authority of the trustworthy, adopt it; then when something comes on authority of his Companions, we do not diverge from their opinions; then when something comes on authority of the Tabi'een, I emulate them [in performing Ijtihad]."

[Saymari in 'Akhbar Abi Hanifah wa-ashabih' (pg. 24)]

Imam Malik bin Anas (rh) said: “Anyone’s opinion may be accepted or rejected, except the occupant of this grave,” (the grave of the Prophet (SAW)). [al-Bidayah Wan-Nihayah, (14/160)]


This is the verdict of a sahabi.

It is used to establish the shariah law.

The companions of the prophet (Sallallahu alayhi wa sallam) were the ones who taught us the sunnah.

They are our greatest scholars because they compiled the Qur'an for us and taught us about Islam.

They even taught us what the prophet (Sallallahu alayhi wa sallam) recited in the bedroom.

So nothing was left out.

It is important because if we allow the kuffaar to assassinate their character, our deen will be in question.

Abu Sa‘eed al-Khudri (RA) narrated the prophet (SAWS) said: ‘Do not slander my Companions, for if one of you were to spend an amount of gold equivalent to the size of Mount Uhud, you would not even come halfway up to their level."

[Al-Bukhari (3673) and Muslim (2540)]

Hussain ibn Ali related from his father Ali Ibn Abi Talib that the Messenger of Allah (SAWS) said: "Whoever curses a Prophet, kill him. Whoever curses my Companions beat him."

[Al-Mu’jam al-Awsat al-Tabarani (5/35) No. 4602]

And this was the aim of Abdullah ibn Sabah who started the Shiite movement.

It was narrated that Abu Barzah Al-Aslami said: "A man spoke harshly to Abu Bakr As-Siddiq (RA), and I said: 'Shall I kill him?' He rebuked me and said: 'That is not for anyone after the Messenger of Allah (SAW)"'.

[Sunan Nasa'i (7/108) No. 4071]

The Rafidite who are Shiites.

Rafada = to reject

From the word rafada meaning to reject.

They reject the sahabah and always look for negative aspects of the Islamic history to use it as reason to assassinate the character of the sahabah.

But the prophet (Sallallahu alayhi wa sallam) said:

Abdullah ibn Mughaffal (RA) reported that Allah’s Messenger (SAW) said, “Allah! Allah! my Sahabah do not take them as target (for blame) after me. He who loves them, loves them because of his love for me and he who despises them, despises them because of despising me. And, he who abuses them, has abused me; and, he who abuses me, abuses Allah; and, he who abuses Allah, soon He will seize him (in punishment).”

[Sunan Tirmidhi (5/696) No. 3862]

Ibn Abbas (RA) narrated the Prophet (SAWS) said: "Whoever insults my companions, may the curse of Allah, the angels and all of mankind be on them."

[Al-Mu’jam al-Kabir al-Tabarani (12/142) No. 12709]

There was a great Scholar in Egypt called Laith Ibn Saad, he was Egyptian Nubian.

Imam Shafi'i (RA) said Laith Ibn Saad had more knowledge than Imam Malik (RA).

His students did not write down a single thing and his teachings are non-existent. He took the knowledge to the grave.

In the time of the sahabah, things took place amongst them.

e.g. the battles of the camel and siffin.

You a member of Ahul Sunnah Wal Jamaah, what is your stance in regards to these fitan?

The great scholar of Islam, Hassan al Basri (RA) was asked about the fitna of Ali (RA) and Mu'awiyya (RA).

That was a nation who has passed away. They shall receive the reward of what they earned and you of what you earn. And you will not be asked of what they used to do.

(Al-Baqarah 2:134)

He answered with the ayah above.

You won’t be asked about the fitan because you were not there.

So always remember this ayah when someone asks you this question or similar to it.

Allah (SWT) won’t ask you about the khilafa and why you did not give your bay'a to so and so sahabah.

Because you were not there.

So don’t go to the rooms of Shiites.

When we asked about the shaikhs about the fitan, they said both made ijtihad.

 'Amr b. al-'As reported that he heard Allah's Messenger (may peace be upon him) as saying: When a judge gives a decision, having tried his best to decide correctly and is right, there are two rewards for him; and if he gave a judgment after having tried his best (to arrive at a correct decision) but erred, there is one reward for him.

[Sahih Muslim, Book 18, Hadith 4261]

Ali (RA) was right so he gets two rewards and Mu'awiyya was wrong so he got one reward.

As to the struggle between Mu'awiyah and Ali, it was the result of differences of opinion to discover truth by Ijtihad”

[Ihya Ulum-id-din, by Imam Ghazzali, Volume 1 page 143]

It was not a conflict between two individuals but between two systems, which, on modern phraseology, can be called a conflict between two schools of thought. In fact, the clash between the system of Caliphate (represented by Ali) and the scheme of administration (epitomized by Mu’awiya b. Abi Sufyan"

[The life of Caliph Ali, by S. Abul Hasan Nadwi, p 187]

The stand taken by Ali in this dispute was undoubtedly correct yet no evil intention can be attributed to Mu’awiyah also. He was well intentioned but made a mistake. Thus both groups were justified so far as their motives are concerned, but a peculiarity of the power is that he should wrest it for himself alone from others. It was not possible for Mu’awiyah to give up this peculiarity either for himself or for his people. This was a natural trait strengthened by one’s own predilections and the support one gets from his family and tribe”.

[The life of Caliph Ali, by S. Abul Hasan Nadwi, p 145 quoting Muqqadimah, by Ibn Khaldun p 162]

We are not allowed to insult Muawiyah (RA), because he did not march against Ali (RA), he was only trying to defend himself.

He considered it inappropriate to step down from his post of Governor of Syria, and that is why he had a clash with Ali (RA).

Umm Salamah (RA) narrated that the Messenger of Allah (SAW) said, “The transgressing party will kill 'Ammar"

[Sahih Muslim (4/2236) No. 2916]

Our stance is that both Ali (RA) and Muawiyah (RA) made Ijtihad. However, we do know that Ali was right and Muawiyah was wrong.

This is because the Prophet (Sallallahu alayhi wa sallam) classified the party of Muawiyah in his Prophecy.

Narrated By Ibn Abi Mulaika: Somebody said to Ibn 'Abbas, "Can you speak to the chief of the believers Muwaiya, as he does not pray except one Rak'a as Witr?" Ibn 'Abbas replied, "He is a Faqih (i.e. a learned man who can give religious verdicts)."
[Sahih Bukhari, Vol 5, Book 57, Hadith 109]

We are not Shi'ites. It is not our modus operandi to insult the Sahabas. We therefore give Muawiyah an excuse.

Muawiyah (RA) was an expert in Fiqh and Ibn Abbas vouched for his expertise

...'Umar did not take the Jizya from the Magian infidels till 'Abdurrahman bin 'Auf testified that Allah's Apostle had taken the Jizya from the Magians of Hajar.

[Sahih Bukhari, Vol 4, Book 53, Hadith 384]

According to Usool Al Fiqh if a Sahaba said something and the other Sahabas did not refute him, then the opinion of that Sahaba stands.

This opinion becomes a part of the Sharia.

Yahya related to me from Malik that he had heard...Abu Bakr as-Siddiq (RA) came and said, "I heard the Messenger of Allah (SAW), say, 'No prophet was ever buried except in the place where he died.'

[Maliks Muwatta, Book 16, Hadith 027]

For example: when the Prophet (Sallallahu alayhi wa sallam) died there was Fitna, about where to bury him. The Sahabas had different opinions.

Abu Bakr (RA) said a PROPHET has to be buried where he dies. The Prophet (Sallallahu alayhi wa sallam) died in the house of Aisha (RAA).

This concept of Usool Al Fiqh is called IJMAA SUKOOTEE (A SILENT IJAMAA).

However, if a Sahaba were to make a statement and the other Sahabas rejected it, than such an opinion will not be part of the Shariah.

'Urwa b. Zabair reported that 'Abdullah b. Zubair (RA) stood up (and delivered an address) in Mecca saying: Allah has made blind the hearts of some people as He has deprived them of eyesight that they give religious verdict in favor of temporary marriage, while he was alluding to a person (Ibn 'Abbas). Ibn Abbas called him and said: You are an uncouth person, devoid of sense. By my life, Mut'a was practiced during the lifetime of the leader of the pious (he meant Allah's Messenger (SAWS), and Ibn Zubair said to him: just does it yourselves, and by Allah, if you do that I will stone you with your stones...

[Sahih Muslim, Book 8, Hadith 3261]

Ali ibn Abu Talib reported that the Prophet (SAWS) forbade Mutah (temporary marriage) of women, and the consuming of the flesh of domestic asses. This was during the Battle of Khaybar.

[Bukhari 5115, Muslim 1406, Tirmidhi 1124, Nisai 2262, Ibn e Majah 1961]

For example when Ibn Abbas was of the opinion that donkey meat was halal, the other Sahabas did not agree.

The Prophet (Sallallahu alayhi wa sallam) said that the meat of WILD DONKEY (ZEBRA) is HALAL.

Half of the Islamic Sharia was established with the principle called MAFHOOM MUKHALAFA.

The Ijmaa of the Sahabas is that the Prophet (Sallallahu alayhi wa sallam) died and is buried in his grave.

However, the Barelvis go against the Ijmaa of the Sahabas.

On the authority of Abu Dharr: “I asked the Messenger of Allah (SAW), ‘Have you seen your Lord?’ He said, ‘(There is) light, how could I see Him?’”

[Sahih Muslim (1/161) No. 178]

The Barelvis claim the Prophet (Sallallahu alayhi wa sallam) is alive in his grave and did not lose his faculties.
They give the attribute of Al HAYY which belongs solely to Allah, to the Prophet (Sallallahu alayhi wa sallam).

 Narrated By Masruq: I said to 'Aisha, "O Mother! Did Prophet Muhammad (SAWS) see his Lord?" 'Aisha said, "What you have said makes my hair stand on end ! Know that if somebody tells you one of the following three things, he is a liar: Whoever tells you that Muhammad (SAWS) saw his Lord, is a liar." Then 'Aisha recited the Verse: 'No vision can grasp Him, but His grasp is over all vision. He is the Most Courteous Well-Acquainted with all things.' (6.103) 'It is not fitting for a human being that Allah should speak to him except by inspiration or from behind a veil.' (42.51)

'Aisha further said, "And whoever tells you that the Prophet (SAWS) knows what is going to happen tomorrow, is a liar." She then recited: 'No soul can know what it will earn tomorrow.' (31.34) She added: "And whoever tells you that he concealed (some of Allah's orders), is a liar." Then she recited: 'O Apostle! Proclaim (the Message) which has been sent down to you from your Lord...' (5.67) 'Aisha added. "But the Prophet (SAWS) saw Gabriel in his true form twice."

[Sahih Bukhari, Vol 6, Book 60, Hadith 378]

Ibn Abbas (RA) passed a Fatwa, saying the Prophet (Sallallahu alayhi wa sallam) saw Allah (SWT) on his night journey. However, the other Sahabas rejected this view.

Therefore it is not part of our Sharia and the Fatwa of Ibn Abbas is not a HUJJAH.

A Fatwa of a Sahaba becomes Hujjah if when it was passed, all the other Sahabas kept quiet about it, giving their silent acceptance.

Imam Malik bin Anas (RA) said: “Anyone’s opinion may be accepted or rejected, except the occupant of this grave,” (the grave of the Prophet (SAWS)).

[Al-Bidayah Wan-Nihayah, (14/160)]

We as Muslims only take what the PROPHET (Sallallahu alayhi wa sallam) said to be fact without disputing it.

Thawr ibn Zayd ad-Daili narrated that Umar ibn al-Khattab asked advice about a man drinking wine. Ali ibn Abi Talib said to him, "We think that you flog him for it with eighty lashes. Because when he drinks, he becomes intoxicated, and when he becomes intoxicated, he talks confusedly, and when he talks confusedly, he lies." (80 lashes is the same amount as for slandering) Umar gave eighty lashes for drinking wine.

[Muwatta Malik (2/45) No. 1826, Sunan al-Daraqutni (4/211-214) No. 3344, al-Sunan al-Kubra al-Nasa'i (5/137) No. 5269, Mustadrak al-Haakim (4/417) No. 8132, al-Sunan al-Kubra al-Bayhaqi (8/556) No. 17543]

When Umar (RA) became Caliph he was told that people in Iraq who had become Muslims were drinking Alcohol like the others drink water.

The Sahabas studied the situation and passed a verdict of the punishment of 80 LASHES instead of 40 LASHES.

In the time of the Prophet (Sallallahu alayhi wa sallam), there was only one AZAN.

Umar (RA) introduced the second ADHAN, and today all over the world we hear two ADHAN before prayer. 

..."I counsel you to have taqwa (fear) of Allah, and to listen and obey [your leader], even if a slave were to become your ameer. Verily he among you who lives long will see great controversy, so you must keep to my Sunnah and to the Sunnah of the Khulafa ar-Rashideen (the rightly guided caliphs), those who guide to the right way. Cling to it stubbornly [literally: with your molar teeth]. Beware of newly invented matters [in the religion], for verily every bidah (innovation) is misguidance."

[It was related by Abu Dawud and at-Tirmidhi, who said that it was a good and sound hadith]


When they legislate it’s called MASLAHA.

'Abdur Rahman bin 'Abdul Qari said, "I went out in the company of 'Umar bin Al-Khattab one night in Ramadan to the mosque and found the people praying in different groups. A man praying alone or a man praying with a little group behind him. So, 'Umar said, 'In my opinion I would better collect these (people) under the leadership of one Qari (Reciter) (i.e. let them pray in congregation!)'.

So, he made up his mind to congregate them behind Ubai bin Ka'b. Then on another night I went again in his company and the people were praying behind their reciter. On that, 'Umar remarked, 'What an excellent Bid'a (i.e. innovation in religion) this is; but the prayer which they do not perform, but sleep at its time is better than the one they are offering.' He meant the prayer in the last part of the night. (In those days) people used to pray in the early part of the night."

[Sahih Bukhari (3/45) No. 2010]

This is because the Prophet (Sallallahu alayhi wa sallam) told us that we must follow His Sunnah and the Sunnah of the 4 rightly guided Khalifas.

The verdict of a Sahaba becomes a part of the Sharia if when they pass a verdict they did not meet any opposition from their peers.

However if they were to receive any opposition then their opinion on that matter will not be considered as HUJJAH.



The URF can be defined both linguistically and Technically.

Linguistically it is derived from the word ARAFAH - THAT WHICH IS KNOWN.

Technically it is defined as the prevailing and predominant custom among the people is known as the URF.

The URF affects the SHARIA.

For example if there is a country in which people make verbal agreement.

It is the URF of that country that verbal agreements are legally binding.

Even though there was no written contract made between the two parties.

This is because the person gave you their word and the URF of the country makes the word binding like a written agreement

People believe they have to write down everything. 

However, if you propose to a girl and she says YES, this is considered a valid agreement.

It now becomes HARAM for another brother to propose to her.

The reason people believe that you need to write down everything is because the world has become full of evil people.

'Uqba b. 'Amir said on the pulpit that Allah's Messenger (SAW) said: "A believer is the brother of a believer, so it is not lawful for a believer to outbid his brother, and he should not propose an engagement when his brother has thus proposed until he gives it up."

[Sahih Muslim, Book 8, Hadith 3294]

Another example of URF, is that in EGYPT when people get married they do not write down anything. They do not involve the STATE.

Their verbal declaration is legally binding.

Another example of URF, in some North African countries people gets secretly married.

This is because people like to avoid Fitna if they already have other spouses.

Ahmad Shakir a great Egyptian Scholar had two wives and the first wife did not know about the second wife until he died.

This practice of the URF in Egypt. Many men have secret Wives. Therefore no Scholars said he did anything wrong.

The URF is taken into consideration in the Islamic Sharia, and the only time ISLAM intervene is if the URF is HARAM.

On the authority of Abu Tha’labah al-Kushanee — Jurthoom bin Nashir (RA) — that the Messenger of Allah (SAW) said: Verily Allah ta’ala has laid down religious obligations (fara’id), so do not neglect them; and He has set limits, so do not overstep them; and He has forbidden some things, so do not violate them; and He has remained silent about some things, out of compassion for you, not forgetfulness — so do not seek after them.

[A hasan hadith narrated by ad-Daraqutnee and others]

Ibn Mas'ud (RA) said, "Whatever the Muslims see as good is good with Allah, Whatever the Muslims see as bad, Allah sees as bad."

[Mustadrak al-Haakim (3/83) No. 4465, classed as Sahih by Adh-Dhahabee]

When Allah (SWT) keeps quite about the URF of a people it is out of HIS MERCY.

We must not then change them.

This is because Allah in HIS WISDOM sees as GOOD what the MUSLIMS see as GOOD.

NOTE - When you see a HADITH classified SAHIH by AD-DHAHABEE, you can be certain of its authenticity because he was considered to be a great Scholar of Hadith.

On the authority of Anas bin Malik: The Prophet (SAWS) said, "Facilitate things to people (concerning religious matters), and do not make it hard for them and give them good tidings and do not make them run away (from Islam)."

[Al-Bukhari (6125) and Muslim (1734)]

Another example of URF, is the PROPHET (Sallallahu alayhi wa sallam) advice to the Muslims in the above Hadith


For example if a man has four wives and he has a male guest, he sends his guest to sleep with his own wife.

The host does this in order to boast about his generosity.

This URF is HARAM.

It’s practiced in some AFRICAN countries.

Not every URF can be practiced when filtered through the ISLAMIC SHARIA.

Some URF can be obnoxious, repellant, repugnant and TOXIC.



This can be understood using an Example. If you are living in the UK or USA they make it mandatory to drive with Car Insurance.

To drive with Insurance is better than to go to jail. The Scholars hence, have classified this situation to be an act of choosing the lesser evil.

People get killed in jail.

When Shaikh was wrongfully imprisoned in the UK, he witnessed a man getting stabbed in his heart.

The argument broke out over bread.

The man who got killed had five days left to leave prison alive. Instead he left in a body bag

Islamic Scholars don’t want you to go to Jail because they know the White KUFFAR are evil   extortionists.

To take the lesser Evil is a principle of the Islamic Sharia. We got this principle form the Prophet (Sallallahu alayhi wa sallam).

Another example of choosing the lesser evil is NIKKAH MUT'AH. (A temporary marriage for the sole purpose of sexual intercourse).

The reason the Rasool (Sallallahu alayhi wa sallam) allowed Mut'ah because some Sahabas were seriously considering Castration.

These SAHABA wanted to do JIHAD for the rest of their lives .

Sa'eed bin al-Musayyib reported: I heard Sa'd bin Abi Waqqas saying that the idea of 'Uthman bin Maz'un for living in celibacy was rejected (by the Holy Prophet (SAWS)), and if he had been given permission they would have got themselves castrated.

[Al-Bukhari (5073) and Muslim (1402)]

NOTE Sa'eed bin al-Musayyib  is the top student of ABU HURAYRAH (RA).

The PROPHET (Sallallahu alayhi wa sallam) allowed Mut'ah because he was acting on the lesser of the two EVILS: MUT'AH Vs. CASTRATION.

Castration is Haram. A man without his reproductive organ becomes weak.

The Shi'ites still allows Mut'ah. And form the Sunnah. Ibn Abbas (RA) allowed it as well.

Also (forbidden are) women already married, except those (captives and slaves) whom your right hands possess. Thus has Allah ordained for you. All others are lawful, provided you seek (them in marriage) with Mahr (bridal money given by the husband to his wife at the time of marriage) from your property, desiring chastity, not committing illegal sexual intercourse, so with those of whom you have enjoyed sexual relations, give them their Mahr as prescribed; but if after a Mahr is prescribed, you agree mutually (to give more), there is no sin on you. Surely, Allah is Ever All ­Knowing, All­ Wise.

(An-Nisa 4:24)

The Shi'ites uses the above verse as their evidence to continue to practice Mut'ah. They say Umar made it forbidden.

Ibn Abbas (RA) believed in Mut'ah as well.

'Urwa b. Zabair reported that 'Abdullah b. Zubair (RA) stood up (and delivered an address) in Mecca saying: Allah has made blind the hearts of some people as He has deprived them of eyesight that they give religious verdict in favor of temporary marriage, while he was alluding to a person (Ibn 'Abbas). Ibn Abbas called him and said: You are an uncouth person, devoid of sense. By my life, Mut'a was practiced during the lifetime of the leader of the pious (he meant Allah's Messenger (SAW), and Ibn Zubair said to him: just do it yourselves, and by Allah, if you do that I will stone you with your stones. Ibn Shihab said, Khalid b. Muhajir b. Saifullah informed me: While I was sitting in the company of a person, a person came to him and he asked for a religious verdict about Mut'a and he permitted him to do it. Ibn Abu 'Amrah al-Ansari (RA) said to him: Be gentle. It was permitted in the early days of Islam, (for one) who was driven to it under the stress of necessity just as (the eating of) carrion and the blood and flesh of swine

and then Allah intensified (the commands of) His religion and prohibited it (altogether). Ibn Shihab reported: Rabi' b. Sabra told me that his father (Sabra) said: I contracted temporary marriage with a woman of Banu 'Amir for two cloaks during the lifetime of Allah's Messenger (SAW); then he forbade us to do Mut'a. Ibn Shihab said: I heard Rabi' b. Sabra narrating it to Umar b. 'Abd al-'Aziz and I was sitting there.

[Sahih Muslim, Book 8, Hadith 3261]


Ali ibn Abu Talib reported that the Prophet (SAWS) forbade Mutah (temporary marriage) of women, and the consuming of the flesh of domestic asses. This was during the Battle of Khaybar.

[Bukhari 5115, Muslim 1406, Tirmidhi 1124, Nisai 2262, Ibn e Majah 1961]

Imam Shafi'i (RA) said there is a lot of Fitna in Mut'ah.

It was made Haram at Khaibar, then made Halal in Makkah, then once again it was made HARAM, by the Rasool (Sallallahu alayhi wa sallam).

This is the only concept in ISLAM that shifted its STATUS from Haram to Halal to HARAM.


In al-Mughni book of Ibn Qadamah, is written: “Imam Shafi’i said: I don’t know anything that Allah permitted, then forbid, then permitted, then forbid again except Mut’ah”

RULE # 1 - The girl you practice Mut'ah with has to be a Muslim, a Christian or a Jew.

RULE # 2 - You have to give the girl a Dowry.

RULE # 3 - The Mut'ah period must be specified, on the Mut'ah certificate.

This certificate must be authenticated be an Ayatollah. However, even without an Ayatollah, the GIRL may validate it by stating the period herself without any witnesses.

RULE # 4 - When the Mut'ah certificate expire the women have to wait two Menses before she can have relations again. This is the IDDAH of Mut'ah.

There is no need for an Ayatollah to validate the Mut'ah contract.

This is because you might not be able to find an Ayatollah to issue a certificate in time of the persons need.




The ISLAMIC SHARIA is Superior to the KAFIR LAW.

This is because the ISLAMIC SHARIA believes in PREVENTION while the Kafir Law believes in INTERVENTION.

Exactly the opposite

So the Kafirs will allow factories producing Alcohol to be established in the Country. They allow you to drink and then enforce their oppression through police checks on you while you are driving.

The Kafirs like to intervene after the Crime is committed, even though they allow the crime to culminate themselves.

The ISLAMIC STATE on the other hand, deals with the ROOT of PROBLEMS. This is why the HOLY ISLAMIC LAW IS SUPERIOR THAN ANY OTHER LAW.

This is called BLOCKING THE MEANS.

In the Islamic state they separate the sexes and disallow free mixing in between them. This is called blocking the Means.

The Kafirs on the other hand, allow free mixing of the sexes and when there is a proliferation of Fornication, Diseases and Bastard Children, they set up abortion clinics, Condom festivals, and unload new pharmaceuticals on the market.

The Kafirs only know how to intervene; they do not understand blocking the means.

Have you seen him who takes his own lust (vain desires) as his ilah (god), and Allah knowing (him as such), left him astray, and sealed his hearing and his heart, and put a cover on his sight. Who then will guide him after Allah? Will you not then remember?

(Al-Jathiyah 45:23)

They cannot understand that PREVENTION IS THE CURE. This is because they worship their EVIL AND CORRUPTED DESIRES.

NOTE - Find out the person you want to marry is free of AIDS or STD's before you get married to anyone

HPV has prevention vaccines.



The scholars of usool ul fiqh have divided the Islamic rulings into 5 categories

Our human action are divided into 5 categories.

Hukm means verdict and the plural is ahkaam.

It is impossible to apply the revelation properly if you don't know the 5 ahkaam.


The Arabic word fard sometimes called fariida means compulsory

The technical meaning is a religious duty, which was ordained, by Allah (swt) or His rasul (saw) and there is no ambiguity in regards to its compulsion.

The one who acts upon it will gain a great reward and the one who neglects it will be dumped into the hell fire.

The person who denies a fard becomes a kafir, an apostate and a zindeeq.

Therefore Muslims women are haram for him and the kids are bastard kids

This fard is the fard which is the ijma among the Muslims not every fard is ijma because some fard have a difference of opinion with regards whether it is fard or not

And whoever contradicts and opposes the Messenger (Muhammad SAWS) after the right path has been shown clearly to him, and follows other than the believers' way. We shall keep him in the path he has chosen, and burn him in Hell - what an evil destination.

(An-Nisa 4:115)

An issue like the person being a kaafir if he/she doesn't pray is ijma,

Abu Bakr (RA) fought and killed those who denied zakah.

There are other issues that have a difference of opinion.

The 4 great imams have a difference of opinion in many issues but you can't make takfir on them but things like the pillars of Islam, there is no excuse.

The person who denied a fard that the Muslims have an ijma upon is a kaafir and his slaughtering is haram.

They ask you concerning menstruation. Say: that is an Adha (a harmful thing for a husband to have a sexual intercourse with his wife while she is having her menses), therefore keep away from women during menses and go not unto them till they have purified (from menses and have taken a bath).

(Al-Baqarah 2:222)

A Muslim women is not allowed to PRAY or make love to her husband until her menstrual period stops.

Another example of Fard is to eat with the right hand because to eat with the left hand is Haram.

The FARD is a religious duty that is ordained by Allah or His Rasool (saws) , this is because the Hadith has the same power of the Quran.

The Hadith can make things FARD on us and also make things HARAM on us.

Narrated By 'Ubada bin As-Samit: The Messenger of Allah (SAW) said, "Whoever does not recite Al-Fatiha in his prayer, his prayer is invalid."

[Al-Bukhari (756) and Muslim (394)]

An example of a Hadith making things compulsory for us is that there is no Salah for a man who does not recite his salah in the Arabic language.

Another example of Hadith making a thing compulsory is, when you fast in Ramadan you must pay Sadaqatul Fitr.

Allah (SWT) has given Muhammad (saws) the authority to make things compulsory on us.

And whatsoever the Messenger (Muhammad SAWS) gives you, take it, and whatsoever he forbids you, abstain (from it), and fear Allah. Verily, Allah is Severe in punishment.

(Al-Hashr 59:7)

Making your niyyah before every single salah is another example of fard.

Imam al-Nawawi said: "Our companions (may Allaah have mercy on them) agreed that a Muslim should not be buried in a non-Muslim graveyard and a non-Muslim should not be buried in a Muslim graveyard." 

[al-Majmoo' (5/285)]

You also need to intent to fast the following day in Ramadan.

Al-Nawawi said, discussing the difference of opinion on this point: the views of the scholars on rinsing the mouth and nose are four:

1. That these actions are two of the sunnahs of wudoo’ and ghusl. This is our view (Shaafa’i).

2. That they are obligatory in both wudoo’ and ghusl and are conditions of them being valid. This is the well known view of Ahmad.

3. That they are obligatory in ghusl but not in wudoo’. This is the view of Abu Haneefah and his companions.

4. That rinsing the nose, but not the mouth, is obligatory in wudoo’ and ghusl. This was narrated from Ahmad, and Ibn al-Mundhir said: This is my view.

{End quote from al-Majmoo’ (1/400)}

Hanbali (RA) madhab makes it fard to wash the mouth and nose when performing wudhu.

Humran (the freed slave of Uthman), who said that Uthman ibn Affan (RA) called for water to do wudo’. He washed his hands three times, then he rinsed his mouth and nose, then he washed his face three times, then he washed his right arm up to the elbow three times, then he washed his left arm likewise. Then he wiped his head, then he washed his right foot up to the ankle three times, then he washed his left foot likewise.

Then he said, “I saw the Messenger of Allah (SAW) doing wudo’ as I have done it, then the Messenger of Allah (SAW) said, ‘Whoever does wudo’ as I have done it, then prays two rak’ahs in which he focuses completely on his prayer, his previous sins will be forgiven.’”

[Sahih Muslim (1/204) No. 226, Musnad Ahmad (1/59) No. 418, Sunan Abu Dawud (1/26) No. 106, 
Sunan al-Nasa'i (1/64) No. 84, Sunan Darimi (1/544) No. 720]

You must follow the format listed above by Uthman al Affan (RA), without the format your wudu is Baatil

You are not allowed to wash your feet before your face, that's not the for.

Another example of Hadith making a thing compulsory is, you back has to be straight like a ruler when you come out of Ruku.

Abi Qatadah reported that the Messenger of Allah (SAW) said "The worst thief is one who steals in his prayer." Then the companions asked, "How can someone steal from his prayer?" Prophet (SAWS) answered, "He does not complete his Ruku and Sadjah with perfection."

[Musnad Ahmad (5/310) No. 22695, Sunan Darimi (1/350) No. 1328, Sahih Ibn Khuzaymah (1/331) No. 663]

If you do not straighten yourself, you are stealing from your Salah like a theif.

Another example of Hadith making a thing compulsory is that excessive fidgeting during Salah. This is the verdict of Abu Hanifa (RA).

You earn a reward for doing each FARD because it was ordained by Allah (SWT) and His Rasool (Saws).

Abu Huraira narrated the Messenger of Allah (SAW) said: “The five daily prayers, Friday prayer to the following Friday prayer, and Ramadan to the following Ramadan are expiations for sins as long as one abstains from major sins."

[Sahih Muslim (1/209) No. 233 and Musnad Ahmad (2/400) No. 9186]

Another example of FARD is fasting during Ramadan, Those who do not fast without a valid excuse will be punished in the Hellfire.

Those who deny the Fard of Hijab have become Zindeeq.

The Hanbali's declare reciting Bimillah before commencing your wudu.

The Dhahiriyya Madhab agrees with Imam Hanbal (RA) on this matter.

Abu Hurairah narrated the Messenger of Allah (SAW) said: "...the ablution of a person who does not mention the name of Allah (in the beginning) is not valid. [Sunan Abu Dawud (1/73) No. 101, Sunan Ibn Majah (1/257) No. 399, Musnad Ahmad (3/41) No. 11388, Sunan Tirmidhi (1/37) No. 25]

The Hanbali's declare reciting Bimillah before commencing your wudu is FARD.

Imam Hanifa (RA), Imam Malik (RA) and Imam Shafi (RA); do not consider it to be FARD.

Abu Hurayrah (RA) narrated the Messenger of Allah (SAW) said: “Every important word or matter that does not begin with remembrance of Allah is maimed.”

[Musnad Ahmad (2/359) No. 8797, Sunan Ibn Majah (3/89) No. 1894, Sahih Ibn Hibban (1/173) No. 1, al-Sunan al-Kubra al-Nasa'i (9/185) No. 10258]

If there is a difference among the Scholars on a matter considered by some to be FARD, then you cannot make Takfeer on a person who does not practice it.

Bara bin Aazib (RA) said that Allah’s Messenger (SAW) was asked about making ablution after eating camel flesh. He said, “Make ablution after that”. Then he was asked about mutton. He said, “It is not necessary after that.”

[Sunan Dawud (1/47) No. 184, Sunan Tirmidhi (1/122) No. 81, Sunan Ibn Majah (1/311) No. 494, Musnad Ahmad (4/303) No 18725]

The Hanbalis (RA) believe it is FARD to make Wudu after consuming CAMEL meat.

They consider the word YES in the Hadith to be an indication of FARD. The other Scholars differ and consider the word YES to be Sunnah.

You cannot make takfeer on someone who does not perform Wudu after consuming Camel meat.

If you make takfeer on someone how does not perform Wudu, after the Scholars differed, it is called AASABIYAH for your school of thought.

O you who believe! When you intend to offer As-Salāt (the prayer), wash your faces and your hands (forearms) up to the elbows, rub (by passing wet hands over) your heads, and (wash) your feet up to ankles. If you are in a state of Janāba (i.e. had a sexual discharge), purify yourself (bathe your whole body).

(Al-Ma'idah 5:6)

Hanbali (RA) Fiqh makes it FARD to wash your mouth and your nose in Wudu, otherwise both your Wudu and Salah are considered Baatil.

The Hanbali (RA) Madhab even went further and added the ears to the category of FARD. This is because your two ears are part of your head.

The Hanbalis (RA) believe it is compulsory on every Muslim male to be circumcised.

If you are not circumcised, you are living in sin.

Report narrated by Ibn Maajah from ‘Abd-Allah ibn Zayd (may Allah be pleased with him) who said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “The ears are part of the head.”

Narrated By Abu Huraira: I heard the Prophet (SAWS) saying. "Five practices are characteristics of the Fitra: circumcision, shaving the pubic hair, cutting the moustaches short, clipping the nails, and depilating the hair of the armpits."

[Al-Bukhari (6297) and Muslim (496)]

A Muslim woman is NOT allowed to marry a man who is not circumcised.




Fard ul Ayn refers to your individual duty. You must fulfill this duty yourself.

Fard Kifaaya means a collective duty, therefore if a group of Muslims should do a Duty, the burden is lifted from the rest of the community.

For example if a Muslim dies and no one in the community washes his body, then there is sin on the community.

However if two people was the body of the deceased then the community has fulfilled its obligation. This is Fard Kifaaya.

There are also two types of Jihad. 

When the Jihad is Fard Al Ayn you do not need permission of the Amir to fight.

It was narrated from Mu'awiyah bin Jahimah As-Sulami that Jahimah came to the Prophet (SAWS) and said: "O Messenger of Allah! I want to go out and fight (in Jihad) and I have come to ask your advice." He said: "Do you have a mother?" He said: "Yes." He said: "Then stay with her, for Paradise is beneath her feet."

[Sunan al-Nasa'i (6/11) No. 3104]

Ibn Qudamah (rh) said: "Jihad becomes Fard Ain in three situations:

 (1) If the two sides meet in battle and they approach each other.

(2) If the disbelievers enter a land, Jihad becomes Fard Ain upon its people.

(3) If the Imam calls a people to march forward it is obligatory upon them to march forward."

[Al-Mughni (8/354)]

However when there is Jihad that is Fard al Kifaaya you do need the permission of the Amir, and you can also be excused lawfully.

The Jihad that is being waged against the Kuffar today is classified as FARD AL AYN.

Even if the Amir has issues with his Aqeeda you must still participate in the Jihad. His Aqeeda in this situation is between him and Allah (SWT).

It was narrated from Abu Hurairah that the Messenger of Allah (SAW) said: "O Abu Hurairah. Learn about inheritance and teach it, for it is half of knowledge, but it will be forgotten. This is the first thing that will be taken away from my nation.'"

[Sunan Ibn Majah (4/23) No. 2719 and Mustadrak al-Haakim (4/369) No. 7948] (Daeef)

If nobody in the Muslim community has knowledge about the Islamic law of inheritance, the whole community is living in Sin.

The knowledge of Islamic inheritance is classified as Fard Kifaaya.

Each community must produce at least 3 to 4 experts in this branch of knowledge.

This is because if they do not do so, the whole community is living in SIN; is to be excused lawfully.

The community must also have experts in the case of washing the dead. this is another example of Fard al Kifaaya. If they don't the whole community is living in Sin.


According to Imam Malik (RA), Imam Shafi'i (RA) and Ahmad Ibn Hanbal (RA) there is absolutely no difference between FARD and WAJIB.

As far as they are concerned, both terms mean the same thing.

However Abu Hanifa (RA) and his followers beg to differ with this opinion.

The Hanafis (RA) classify that FARD is a religious duty that was ordained (made mandatory) and there is absolutely no ambiguity about its compulsion.

For example to fast in the holy month of Ramadan.

The Hanafis (RA) classify WAJIB as a religious duty that was ordained but that duty has a doubt about its compulsion.

For example they say to perform Salat ul Witr is WAJIB.

Each Madhab has its own Usool Al Fiqh.

Another example of Wajib according to the Hanafis (RA) is the performance of two EID's.

The Hanafis are correct, in that EID is not classified as SUNNAH MU'AKKADAH.

Those who say Eid is Sunnah Mu'akkadah are incorrect.

Shaikh-ul-Islaam Ibn Taymeeyah said:"...and consequently we have deemed as being the strongest opinion that the 'Eid ul-Fitr prayer is obligatory upon all individuals. Like the opinion of Aboo Haneefah Refer to Hashiyah ibn 'Aabideen (2/166) and that which comes after it.

Eid is not Sunnah Mu'akkadah, EID IS COMPULSORY.

In Sunan Aboo Dawood (1072), Musannaf of Abdur-Razzaq (no.5725) with an authentic chain of narration from Ibn Zubair that he said: "Two 'Eids coincided on the same day and so they were both joined together by making them one. He prayed on the day of Juma'h two raka'hs in the morning and he did not add to them until he prayed Asr Prayer."

The argument of the Hanafis is that if Eid is on a Jum'aa, then we cancel the Jum'aa and pray the Eid
It is not possible for a Sunnah to cancel out a Fard. Since Eid has the power to cancel out Jumaa. The Eid Salah is FARD

This is why Ibn Taymiyyah chose this opinion of Imam Hanifa as the correct opinion regarding the EID.



Note - All these matters we have discussed are called LEGAL ARGUMENTS. The one with the stronger Hujjah wins the argument.

The word Sunnah has two meanings. Linguistic and Technical.

The linguistic meaning of the word Sunnah mean the PATH.

The technical meaning of the word Sunnah is the PROPHETIC GUIDANCE OF MUHAMMAD (SAWS).

This the example he (saws) set for us in regards to the instructions on how to practice our DEEN.
Based on the definition of Sunnah, you will realize that there is a difference between Sunnah and Hadith.

The early Scholars classify the Seerah of Muhammad (Saws) as Hadith.

Hadith is defined as anything that the PROPHET (SAWS) said or did or approved of, or his description is considered Hadith.

For example, the Prophet (Saws) spent 13 years in Makkah and 10 years in Medina, this is Hadith.
Every Sunnah is Hadith, but not every Hadith is Sunnah.

This is because SUNNAH means an action that the Prophet (SAWS) recommends the MUSLIMS to DO.

Therefore there is great BARAKAH in performing the Sunnah of the beloved Prophet (SAWS).

The one who leaves of the SUNNAH, will not be dumped in the HELL FIRE like the one who leaves off a FARD.

However, the person who leaves of the Sunnah must be rebuked because by practicing Sunnah, it makes you love he Prophet (Saws).

In encouraging practicing the Sunnah, ALLAH (SWT) has reminded us in the HOLY QURAN,

Indeed in the Messenger of Allah (Muhammad SAWS) you have a good example to follow for him who hopes in (the Meeting with) Allah and the Last Day and remembers Allah much.

(Al-Ahzab 33:21)

ALLAH reminds us again,

And verily, you (O Muhammad SAWS) are on an exalted standard of character.

(Al-Qalam 68:4)

Our Prophet (Saws) was the PEAK of NOBLE CHARACTER.

The Shia say to the Sunnis that you are a WAHABI because you slander the Prophet (Saws) when you say that the Prophet (Saws) frowned.

They say that it was Abu Jahl who frowned and not the Prophet (Saws). This because the Prophet (Saws) was at the peak of Sublime character.

They the Shia have put a spin on the Ayah.

Malik related to me from Ibn Shihab from Abu Umama ibn Sahl ibn Hunayf from Abdullah ibn Abbas that Khalid ibn al-Walid ibn al-Mughira entered the house of Maimuna, the wife of the Prophet (SAWS), with the Messenger of Allah (SAW), and he was brought a roasted lizard. The Messenger of Allah (SAW), stretched his hand toward it. One of the women who was in Maimuna's house said, "Tell the Messenger of Allah (SAW), what he means to eat." Someone said, "It is a lizard, Messenger of Allah." He withdrew his hand. Khalid said, "Is it haram, Messenger of Allah?" He said, "No, but there were none in my people's land, and I find that I dislike them." Khalid added, "I chewed and ate it while the Messenger of Allah (SAW), was looking."

[Maliks Muwatta, Book 54, Hadith #010]

Anything the PROPHET (Saws) has approved of is considered to be HADITH.

The Prophet (Saws) himself did not eat the lizard, but he (Saws) did not stop Khalid Ibn Walid (RA) to eat the lizard

This is called silent approval.

Imam Malik has also agreed that you can eat alligator because the alligator is just a bigger lizard.

Every Sunnah is Hadith but not every Hadith is Sunnah.

The whole purpose of the Sunnah is to explain the Holy Quran.


Allah will dump a man in the hell-fire who doesn't believe in hadith.

In the lizard example the Prophet (saws) did not eat it because his people did not do it.

Another man practiced Coitus Interrupts. The Prophet (Saws) did not stop him.

This means it is HALAL. But you cannot practice it with you wife without her permission. You can only do this with a concubine.

This is because it's your wife's right to have children.

All these matters are considered LEGAL ARGUMENTS.

You will never be able to practice Allahs LAW correctly if you do not master these legal arguments.

Allah (SWT) has commanded us on many occasion to follow the Sunnah of the PROPHET (SAWS).


Say (O Muhammad SAWS to mankind): "If you (really) love Allah then follow me (i.e. accept Islamic Monotheism, follow the Qur'an and the Sunnah), Allah will love you and forgive you of your sins. And Allah is Oft-Forgiving, Most Merciful."

(Aali Imran 3:31)

And whatsoever the Messenger (Muhammad SAWS) gives you, take it, and whatsoever he forbids you, abstain (from it), and fear Allah. Verily, Allah is Severe in punishment.

(Al-Hashr 59:7)

The whole purpose of the Sunnah is to explain the Holy Quran.

With clear signs and Books (We sent the Messengers). And We have also sent down unto you (O Muhammad SAWS) the reminder and the advice (the Qur'an), that you may explain clearly to men what is sent down to them, and that they may give thought.

(An-Nahl 16:44)

The Sunnah is therefore the second Ahkaam, the second Hukm.

Sunnah means an action that is recommended.

The whole purpose of the sunnah is to explain the Quran.

Even though the person who does not perform Sunnah will not be dumped into the hellfire., the person who rejects Sunnah completely will be dumped in the HELLFIRE.

Verily, those who disbelieve in Allah and His Messengers and wish to make distinction between Allah and His Messengers (by believing in Allah and disbelieving in His Messengers) saying, "We believe in some but reject others," and wish to adopt a way in between. They are in truth disbelievers. And We have prepared for the disbelievers a humiliating torment.

(An-Nisa 4:150-151)

These people who do not believe in HADITH, have rejected the hadith as part of revelation.

The people who practice SUNNAH meticulously are called AHLUS SUNNAH WAL JAMAA.

Ahlul sunnah wa jamaah is the saved sect.

The opposite of SUNNAH IS BIDAA and the opposite of AHLUS SUNNAH are AHLAL BIDAA.

These people who are part of Ahlul Bidaa, change the religion and will not be allowed to drink from the fountain of Muhammad (Saws) on the Day of Judgment.

They added and subtracted from the DEEN, after the PROPHET (SAWS) had established it.

Abu Hazim added: An-Nu'man bin Abi 'Aiyash, on hearing me, said. "Did you hear this from Sahl?" I said, "Yes." He said, " I bear witness that I heard Abu Said Al-Khudri saying the same, adding that the Prophet (Saws) said: 'I will say: They are of me (i.e. my followers). It will be said, 'You do not know what they innovated (new things) in the religion after you left'. I will say, 'Far removed, far removed (from mercy), those who changed (their religion) after me."

[Sahih Bukhari (8/120) No. 6584]

Say: "Will you inform Allah about your religion? While Allah knows all that is in the heavens and all that is in the earth, and Allah is All-Aware of everything. 

(Al-Hujurat 49:16)

The above Ayat asks the people of Bidaa if they are trying to Teach ALLAH HIS DEEN.


It must be borne in mind that some Scholars use the word Mustahab for Sunnah.

While other Scholars use the word Mandoob to refer to Sunnah.


The first example is to enter to masjid with the right foot and the toilet with the left foot.



This can be milk , chocolate, honey etc.