Tuesday, March 22, 2016

(NOTES & Audio) The 12 Sources for Islamic Shariah Parts 1 & 2

The 12 Sources for Islamic Shariah Part 1
by Shaikh Abdullah Faisal

Notes typed live by AT8
Formatted and Edited by AT19 & Shaikh Faisal

Monday, March 21, 2016

Part 1



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Part 2



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  • The Islamic Shairah is Allah’s heavenly revealed laws revealed to guide mankind to the straight path. 
  • In order to derive the Islamic Shariah we must go to the correct sources 
  • The Shariah is not derived from whimsical ideas and opinions or arbitrary rituals and customs.
  • Neither is it derived from the evil and corrupted desires of men as is the case with man made laws
  • In fact the Shariah is derived from 12 specific sources 
  • As a muslim it is incumbent upon you to prefer the Shariah over man made laws, because Allah said: 
     
Is not Allah the Best of judges? (At-Tin 95:8) 

  • There are different Shariahs at different times 
  • Every messenger has been given his own Shariah 
  • However, tawheed remains unchanged and therefore, tawheed cannot be abrogated with a new tawheed 

WHAT ARE THE 5 MOST IMPORTANT REVELATIONS OF ALLAH?

  1. The Scrolls of Abraham
  2. The Torah of Moses
  3. The Psalms of David
  4. The Injeel of Jesus
  5. The Quran of Muhammad ((saw))
  • The Quran abrogated all the previous revelations and laws that came before it
  • It is for this reason the Prophet (saw) became angry when he saw Umar reading the Torah
  • The Hadith below explains further 
  • All of the above revelations, except the Quran, were tampered with by evil men. 
  • Only the Quran has been protected from corruption by Allah, hence Allah said:

Verily, it is We who have sent down the Dhikr (i.e. the Qur'an) and surely, We will guard it (from corruption). (Al-Hijr 15:9) 

  • The reason Allah made it necessary to protect the Quran, is because it is the final revelation 
  
It was reported that the Prophet (SAW) became angry when he saw that ‘Umar had a page with something from the Torah written on it, and he (SAW) said: “Are you in doubt, O son of al-Khattab? Have I not brought you something shining and pure? If my brother Musa were alive, he would have no choice but to follow me.” [Musnad Ahmad (3/387) No. 15195 and Sunan al-Darime (1/126) No. 435]

WHAT IS THE FIRST SOURCE FOR ISLAMIC SHARIAH?

  • The first source of  the Islamic Shariah is the Holy Quran 
  • The Quran is Holy because the Quran is Kallamullah i.e. the Speech of Allah
  • Those who say we are not allowed to describe the Quran as holy are woefully misguided because the speech of Allah is holy 

DONT SAY THE "HOLY QURAN" BILAL PHILIPS: https://www.youtube.com/watch?v=h1qDf0h6NAM 

  • Because the Quran is holy, the Prophet (saw) use to say in his khutbahs the best speech is the Book of Allah

Jabir ibn Abdullah (RA) narrated the Messenger of Allah (SAW) said in the Jumu’ah khutbah: "...To proceed. The best of the speech is embodied in the Book of Allah, and the best of the guidance is the guidance given by Muhammad. And the most evil affairs are their innovations; and every innovation is error..." [Sahih Muslim (2/592) No. 867] 

  • Because the Quran is the best source of Islamic Shariah, the Prophet (saw) said that the best statement and the best speech is the Words of Allah and the best guidance is the guidance of Muhammad (saw) 
  • Allah mentioned that the Quran is His Hadith 

Allah has sent down the best Hadith, a Book (this Qur'an), its parts resembling each other in goodness and truth, oft-repeated. The skins of those who fear their Lord shiver from it (when they recite it or hear it). Then their skin and their heart soften to the remembrance of Allah. That is the guidance of Allah. He Guides therewith whom He pleases and whomever Allah sends astray, for him there is no guide. (Az-Zumar 39:23) 

  • The word Hadith means statement. Hadith also means News. Quran is the best Hadith because it has no mistakes or fabrications in it. 
  • The Quran does not contradict itself. The Quran does not checkmate itself. Its parts complement each other; hence, it is the best Hadith
  • Some Hadiths are weak. Some Hadiths are fabricated. Ex. Jihad of the Self is the greatest Jihad. Fabricated by the Goofy Sufi. 

It was narrated that the Prophet (SAW), said to his companions when they returned from a military campaign, “We have come back from the lesser Jihad to the greater Jihad.” They said, “Is there any greater Jihad than Jihad against the kuffaar?” he said, “Yes, Jihad al-nafs (Jihad against the self).”

Ibn Taymiyyah (rh) said: "This Hadith has no sources and nobody whomsoever in the field of Islamic knowledge has narrated it. Jihad against the disbelievers is the most noble of actions and moreover it is the most important action for mankind." [al-Furqan (pg. 56)]

  • Evil people fabricate Hadiths to support their nefarious agenda. 
  • The Hadith below was fabricated by the Shia  

I am a city of knowledge and Ali is the gate by which you pass to obtain that knowledge. (Classified fabricated by Imam Bukhari) 

  • Every dodgy group is fabricating Hadiths to spread their Zandaqa (heresy) 
  • The gullible muslims who are not learning their deen keep quoting fabricated Hadiths and spreading false statements about the Prophet (saw)
  • The two Hadiths below are examples of fabricated Hadiths

The members of my household are like the stars in the sky whichever one you follow you shall he guided. [Related by Abu Na'eem and classified fabricated by Adh-Dhahaabee who said a liar was found in the Isnaad called Ahmad Ibn Ishaaq] 

11. My companions are like the stars in the sky. Whichever one you follow you shall be guided. (Related by Ibn Hazm who said a liar was found in the isnad called Salam Ibn Sulayman) 

  • If a liar or a Shia was found in the chain of Hadith, the Hadith is classified fabricated 
  • If a person with a weak memory was found in the chain of transmitters, the Hadith is classified as weak
  • If the Hadith contradicts the Quran it is classified as batil [false]

THE SECOND SOURCE OF ISLAMIC SHARIAH IS THE SUNNAH

  • We did not mention that the second source is Hadith 
  • We have mentioned that the second source is Sunnah. This is because the Sunnah denotes actions which we were commanded by the Prophet to do.
  • Concerning the importance of following the Sunnah, Allah said:

Say, [O Muhammad], "If you should love Allah, then follow me, [so] Allah will love you and forgive you your sins. And Allah is Forgiving and Merciful." (Aali Imran 3:31)

  • The Prophet [saw] was from the Quraishi tribe. That is Hadith. The Prophet [saw] loved a specific shoe from Yemen. That is Hadith. The Prophet [saw] rode a camel. That is Hadith 
  • All of the above are Hadiths. They are not Sunnah. You the Muslim are not commanded to do the above. 
  • Every Sunnah is Hadith but not every Hadith is a sunnah 
  • When the Prophet (saw) ate with his right hand, it’s fard
  • Because the Shaitan eats with his left hand, and we cannot follow the Shaitan
  • The Prophet (saw) was allowed nine wives. That is Hadith, but it is not a Sunnah
  • Because we cannot marry more than four wives.
  • The news about the Prophet (saw) is called Hadith 
  • The commands of the Prophet (saw) is called Sunnah 
  • There are some deviants in the Ummah who follow Quran but reject Sunnah 
  • They are called Quraniyoon 
  • These people are outside the fold of Islam. 
  • In fact they are the enemies of Islam
  • If one is a follower of Quran he must automatically follow the Sunnah. 
  • because the Quran commands us to follow Sunnah in the Ayah below
  
And whatsoever the Messenger (Muhammad SAW) 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) 

  • Allah  commanded us to follow the Prophet (saw)
  • therefore we have no choice but to follow the Prophet’s Sunnah 

And We have also sent down unto you (O Muhammad (saw) 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 Prophet’s Sunnah explains the Quran to the Muslims. 
  • Therefore we have absolutely no choice but to follow the Sunnah 
  • Anyone who rejects the Sunnah is a five star kaafir and is an enemy of the Muslims 

EVIDENCES FROM SUNNAH TO PROVE THAT IT IS FARDH TO FOLLOW SUNNAH 

  • How many Rakahs are there in the Fajr prayer? 
  • There are two rakahs 
  • How did you arrive at this conclusion when Allah did not mention that Fajr is two rakahs in the Quran 
  • How did you find out the units of the rest of the prayers are specific as well. 
  • None of them are found in the Quran 
  • The answer is, we found all of these specific details about Salah in the Sunnah of Muhammad (saw)
  • Hence, Allah said:

And whatsoever the Messenger (Muhammad saw) 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) 

  • concerning the Eid Salah, we learned from the Sunnah that it has no Adhaan and no Iqama

Jaabir ibn Samurah (RA) said: "I prayed the 'Eid ul-Fitr prayers, with Allah's Messenger many times, without an Adhaan or an Iqama." [MUSLIM 887]
  
  • When we pray Salatul Eid, there is no Adhaan and no Iqama for it. This was taught to us through the Sunnah of Muhammad (saw) 
  • Another important aspect of Shariah which was taught to us via the Sunnah is that silk and gold are haram for men but halal for the woman 

Abu Musa Ash’ari reported that Allah’s Messenger (SAW) said, “Wearing silk and gold is forbidden to the men of my Ummah. But (they are) allowed to their women.” [Sunan Tirmidhi (4/217) No. 1720, Sunan An-Nasa'i (8/161) 5148]
 
  • Likewise the Sunnah instructed us to take Jizya from the fire worshippers of Persia.

Umar did not take the Jizya from the Magian infidels till 'Abdur-Rahman bin 'Auf testified that Allah's Apostle had taken the Jizya from the Magians of Hajar. [Sahih Bukhari, Vol 4, Book 53, Hadith #384]
  
  • How did you find out that we take Jizya from the Zoroastrians of Persia, as mentioned in the above Hadith. We found out from the Sunnah pf Muhammad 
  • How did you find out that when you practice polygamy you are not allowed to marry the aunt and the niece simultaneously?
  • We found this out from the Sunnah and not from the Quran

Abu Hurayrah narrated (may Allah be pleased with him) that the Messenger of Allah (blessings and peace of Allah be upon him) said: “One should not be married to a woman and her paternal aunt, or a woman and her maternal aunt, at the same time.” Bukhari (5109) and Muslim (1408)

Ibn Qudama said: The reason for the prohibition on being married to two sisters at the same time is that it would cause enmity among relatives and lead to severing the sacred ties of kinship, and this reason is also applicable in the case of marriage to a woman and her maternal or paternal aunt at the same time.  

If they quote as evidence the general meaning of the words of Allah: “All others are lawful,” [al-Nisa’ 4:24], then the report we have narrated makes exceptions from that. Al-Mughni, 7/89.

  • When you fast in Ramadan you pay Sadaqatul Fitr for each member of your family. 
  • How did you find out about this important aspect of the Shariah which is fard? 
  • You found out from the Sunnah of Muhammad (saw) and not the Quran 

Ibn 'Umar (may Allaah be pleased with him) said: “The Messenger of Allaah (Sallallahu alayhi wa sallam) made zakaat al-fitr, one saa' of dates or one saa' of barley, obligatory on the Muslims, slave and free, male and female, young and old, and commanded that it should be given before the people went out to pray.” (Al-Bukhaari, 1407) 

Say (O Muhammad SAW 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) 

  • There are hundreds of commandments only to be found in the Sunnah of Muhammad (saw).
  • Therefore you must believe in the Sunnah as a primary source of Islamic Shariah

WHAT IS THE THIRD SOURCE TO DERIVE THE ISLAMIC SHARIAH?

  • The third source to derive the islamic Shariah is called Ijmaa
  •  Ijmaa means a total agreement without any differences of opinion among the people 
  • When the Ijmaa is established everyone agrees without disagreeing on the verdict

The Holy Prophet Muhammad (saw) said: “Allah will never allow my Ummah to unite upon misguidance and incorrect beliefs. Allah’s mercy, blessings and protection are with the largest group of Muslims. And he who deviates from this largest group of Muslims will be thrown into Hell.” (Tirmidhi) 

  • The Prophets (saw) mentioned to us that his Ummah will never unite on misguidance 
  • This means the Ummah, as a community, is infallible
  • But one individual Muslim is not infallible
  • there are three types of Ijmaa, classified by the scholars 
  • The first Ijmaa is the Ijmaa of the Sahabas 
  • An example of the Ijmaa of the Sahabas is that when the Rasool (saw) passed away, Umar r.a. became upset and threatened to kill anyone who claimed that the Prophet (saw) has died. 
  • however, Abu Bakr took charge of the situation and calmed the people down by making a public statement 

Abu Bakr said, "To proceed, if anyone amongst you used to worship Muhammad , then Muhammad is dead, but if (anyone of) you used to worship Allah, then Allah is Alive and shall never die. Allah said: "Muhammad is no more than an Apostle, and indeed (many) apostles have passed away before him...(till the end of the Verse)... Allah will reward to those who are thankful." (3.144) By Allah, it was as if the people never knew that Allah had revealed this Verse before till Abu Bakr recited it and all the people received it from him, and I heard everybody reciting it (then). [Sahih Bukhari, Vol 5, Book 59, Hadith #733] 

  • When Abu Bakr witnessed the Prophet’s death, he publicly announced the death of the Prophet (saw) and all the sahabas present accepted the verdict of Abu Bakr that the Prophet had died
  • Umar was corrected and Ijmaa was established by the sahabas that the Prophet had passed away
  • The Ayah below was quoted by Abu Bakr to calm the sahabas:

Muhammad (SAW) is no more than a Messenger, and indeed (many) Messengers have passed away before him. If he dies or is killed, will you then turn back on your heels (as disbelievers)? And he who turns back on his heels, not the least harm will he do to Allah, and Allah will give reward to those who are grateful. (Aali Imran 3:144) 

  • About the death of the Prophet (saw), Allah said:

Verily, you (O Muhammad SAW) will die and verily, they (too) will die. (Az-Zumar 39:30) 

  • To claim that the Prophet (saw) did not die is to go against the Ijmaa of the Sahabas 
  • Allah mentioned in the above Ayah that the Prophet (saw) and all his companions will taste death 
  • The promise of Allah is always true. To go against the words of Allah makes you a Kaafir. 
  • The Barelvis claim that Muhammad (saw) is still alive in his grave
  • This would mean that the Sahabas buried the Prophet (saw) alive. 
  • They claim that Muhammad is alive in his grave and that he is fully aware of all the affairs of the Ummah and when we celebrate his birthday, he is present in all the masjids of the world simultaneously 
  • because he, the Prophet (saw), is hazir nazir i.e. everywhere
  • If you prove that the Prophet (saw) is dead, they will say you do not love the Prophet. 
  • So how do you checkmate the evil barelvis?
  • The Hadith below is used by ahlus Sunnah wal Jama’ah to prove to the Barelvis that the Prophet is not alive in his grave and is fully aware with all the affairs of his Ummah

Abu Huraira narrated that the Prophet said, "On the Day of Resurrection a group of companions will come to me, but will be driven away from the Lake-Fount, and I will say, 'O Lord (those are) my companions!' It will be said, 'You have no knowledge as to what they innovated after you left; they turned apostate as renegades (reverted from Islam)." [Sahih Bukhari (8/120) No. 6585] 

  • On the Day of Judgement, the prophet (saw) will be at Lake-Fount and will not understand why his companions will be taken to the hell fire. the above Hadith explains the incident
  • they will be denied from drinking from the Lake-Fount because they turned back on their heels as apostates from Islam
  • Another example of the Ijmaa of the Sahabas is that they never made Takfir on anyone except if they did not perform the Salah 
  • The Hadith below explains further:

Says 'Abdullah ibn Shaqiq al-'Aqeely, "The companions of Muhammad (SAW), did not consider the abandonment of any act, with the exception of prayer, as being disbelief." (Related by at-Tirmizhi and al-Hakim, who said it met al-Bukahri's and Muslim's conditions.)
  
  • Therefore if you do not pray, you are a Kaafir. That is the Ijmaa of the Sahaba 
  • Another Ijmaa of the Sahaba is that you are not allowed to shave your beard 
  • The second type of Ijmaa is the Ijmaa of the Scholars 
  • The scholars referred to are the four great imams primarily 
  • When women menstruate, they make up for the fasting that they missed but not the salah that they missed 
  • This is the Ijmaa of the Scholars
  • The khawaarij women used to make up for the salah that they missed due to their menses.
  • This is an innovation and extremism in deen 

Narrated By Mu'adha: A woman asked 'Aisha, "Should I offer the prayers that which I did not offer because of menses" 'Aisha said, "Are you from the Huraura' (a town in Iraq?) We were with the Prophet and used to get our periods but he never ordered us to offer them (the Prayers missed during menses)."'Aisha perhaps said, "We did not offerthem." [Sahih Bukhari, Vol 1, Book 6, Hadith #318] 

  • The khawaarij think it is piety to make the Deen a burden on themselves and others 
  • but Allah said in the Ayah below He wants for us ease and comfort not hardship

Allah intends for you ease, and He does not want to make things difficult for you. (Al-Baqarah 2:185)

  • Another Ijmaa of the scholars is that when you make a Haram matter into a Halal matter, you are a Kaafir  

Shaykh al-Islam Ibn Taymiyyah (d. 728H):  “Whenever a person makes halal what is haraam by consensus or makes haraam what is halal by consensus or replaces the Sharee’ah that is agreed upon by consensus, then he is a Kaffir by the agreement of the scholars of Fiqh.” – “Al-Fataawa”, Vol. 3/267

  • The third Ijmaa is the Ijmaa of the Muslims 
  • an example of this Ijmaa is that all Muslims believe that Muhammad (saw) is the last Prophet 
  • Hence, Allah said:
Muhammad (SAW) is not the father of any man among you, but he is the Messenger of Allah and the last (end) of the Prophets. And Allah is Ever AllAware of everything. (Al-Ahzab 33:40) 

  • The Qadianis have gone against the Ijmaa of the Muslims by claiming that Mirza Ghulam Ahmed [la’natullah alayhi] was a Prophet after Muhammad
  • Hence, they are not inside the fold of Islam 
  • The Nation of Islam of Chicago claim Elijah Poole [la’natullah alayhi] was a Prophet after Muhammad.
  • This man was an illiterate liar who did not go to high school. 
  • He use to have sex with his secretaries 
  • When Malcome X exposed him, the Nation of Islam had him killed
  • The followers of the Nation of Islam are some of the worst infidels in the world today.
  • Anyone who claims that their is a Prophet after Muhammad has gone against the Ijmaa of the Ummah
  • Hence, he is a five star kaafir
  • About Muhammad (saw) being the last Prophet, the Hadith below explains further:

Abu Hurairah (RA) narrated that the Messenger of Allah (SAW) said: “My likeness and the likeness of the prophets before me is the likeness of a person who built a house, made it beautiful and made it complete, except the place of a stone in the corner. So people began to go round and to wonder at him and say: ‘Why have you not placed this stone?’ I am that stone and I am Khatam an-Nabiyyin (the Seal of the Prophets)". [al-Bukhari (3535) and Muslim (2286)] 

  • If you hear someone claiming that he is a Prophet after Muhammad (saw) and you doubt he is a kaafir, then you (the doubter) becomes a kaafir as well.
  • This is because when you refuse to make takfir on a kaafir, you become a kaafir as well
  • This hukum [ruling] is applied only when the kufr is clear
  • there is Ijmaa among the Muslims that the practitioners of magic are kuffar because of the Ayah below 

They followed what the Shayatin (devils) gave out (falsely of the magic) in the lifetime of Sulaiman (Solomon). Sulaiman did not disbelieve, but the Shayatin (devils) disbelieved, teaching men magic and such things that came down at Babylon to the two angels, Harut and Marut, but neither of these two (angels) taught anyone (such things) till they had said, "We are only for trial, so disbelieve not (by learning this magic from us).” (Al-Baqarah 2:102) 

  • People fear making takfir when it is needed because they fear being labeled as Khawaarij
  • Another example of the Ijmaa of the Muslims is that pork is haraam 
  • Another example of the Ijmaa of the Muslims is that Jumuah is on a Friday 
  • Another example of the Ijmaa of the Muslims is that Hajj is performed in the month of Dhul Hijjah 
  • Another example of the Ijmaa of the Muslims is that Eidul Adha is the tenth day of Dhul Hijjah 
  • Another example of the Ijmaa of the Muslims is that we cannot marry more than four wives 
  • Anyone who marries five wives is a kaafir for making haram into halal, his punishment is death 
  • This is because he is claiming to be the legislator by making haram into halal and Allah is the only legislator
  • Allah ta ala has threatened anyone who goes against the Ijmaa of the Muslims with the Hell fire. Hence, He said:

And whoever contradicts and opposes the Messenger (Muhammad SAW) 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) 

  • It is worthy of mentioning that anyone who contradicts the Messenger (saw) is a Kaafir 
  • The scholars of Islam use the above Ayah to prove that it is incumbent on you to follow the Ijmaa of the Muslims and Allah has promised him the Hell fire. 
  • The man who goes against the Ijmaa of the Muslims is classified as a Zindeeq because he makes up his own religion
  • Another example of the Ijmaa of the Muslims is that the Quran is free from corruption because it is eternally protected by Allah
  • The Rafida went against the Ijmaa of the Muslims by claiming the Quran is tampered with
  • The Ijmaa's of the Muslims are called matters that are known of Islam by necessity [ma'loom min ad-deen bid-daroora].
  • Allah promised to protect the Quran in the Ayah below

Verily We: It is We Who have sent down the Dhikr (i.e. the Qur'an) and surely, We will guard it (from corruption). (Al-Hijr 15:9) 
  • For example, a marriage can only be between a man and a woman. 
  • This is known of Islam by necessity 
  
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] 

  • The companions of the Prophet (saw) saw a funeral procession and spoke well of the dead
  • and the Prophet did not say anything because the Muslims are the witnesses of Allah on Earth

Anas Ibn Malik narrated, "A funeral procession passed by and they were praising the dead man. The Prophet (SAW), said, 'It is mandatory.' Then another passed and they were speaking ill of the dead man. He said, 'It is mandatory.' 'Umar ibn al-Khattab said, 'What is mandatory?' He said, 'You praised this one, and so the Garden is mandatory for him and you spoke evil of this one, so the Fire is mandatory for him. You are the witnesses of Allah on the earth.'" [al-Bukhari (1367) and Muslim (949)] 

  • the Prophet (saw) did not reprimand his companions and say you should not judge the people. 
  • in fact he reinforced their statements with his agreement
  • We the muslims are the witnesses on earth because we have with us the Furqaan gifted by Allah to the believers 

O you who believe! If you obey and fear Allah, He will grant you Furqan a criterion [(to judge between right and wrong), or (Makhraj, i.e. making a way for you to get out from every difficulty)], and will expiate for you your sins, and forgive you, and Allah is the Owner of the Great Bounty. (Al-Anfal 8:29) 

  • People who do not know good from bad due to tha fact that they have no fear of Allah 
  • you can only be given Furqaan if you put between yourself and the wrath of Allah, a barrier which is taqwa 

THE FOURTH SOURCE TO DERIVE THE SHARIAH IS CALLED QIYAAS 

  • Qiyaas means deductive reasoning and analogy 
  • Qiyaas is defined as comparing two situations and to issue the same verdict or judgement for both situations because the two scenarios are the same in their nature 
  • We have four schools of thought in Islam. 
  • The first scholar who used Qiyaas was Abu Hanifah 
  • Abu Hanifah is considered to be the father of Ahlus Sunnah wal Jamaa
  • You are not allowed to say anything bad about any of the four scholars because they have done for islam what no one else has done 
  • Imam Ghazaali mentioned that Qiyaas is so important that if you do not use it, you are being sinful 
  • The Ayah below is an example of how the scholars used Qiyaas

And after the slave girls have been taken in wedlock, if they commit illegal sexual intercourse, their punishment is half that for free (unmarried) women. (An-Nisa 4:25) 

  • An example of Qiyaas is that the punishment of the slave girl who commits zina. 
  • She must be given 50 lashes. 
  • The scholars used Qiyaas to prescribe the same punishment for the slave boy.
  • Because Allah kept quiet about the slave boy, the scholars were obliged to use Qiyaas and prescribe the same punishment for the slave boy. 
  • Another example of Qiyaas is that the Prophet (saw) said that when your wife gives birth, you must sacrifice two sheep for the baby boy and one sheep for a baby girl. 
  • If you live in a place where you cannot find sheep, you are allowed to sacrifice a goat. This is derived from Qiyaas 
  • However the Dhaahiriyyah who do not believe in Qiyaas will make the deen a burden on you and say you have no choice but to sacrifice the sheep 
  • Another example of Qiyaas is found in the purpose for which you can keep a dog

Abu Hurayrah (RA) narrated that the Messenger of Allah (SAW) said: “Whoever keeps a dog that is not a dog for hunting, herding livestock or farming, two qiraats will be deducted from his reward each day.” [Sahih Muslim (3/1203) No. 1575] 

  • The Prophet (saw) mentioned the hunting dog, the dog to guard your flock and a dog for farming. the scholars used qiyaas to arrive at the permissibility of keeping guard dogs for your home as well 
  • Another example of Qiyaas is when Allah mentioned not to say ‘uff’ to our parents. 

And your Lord has decreed that you worship none but Him. And that you be dutiful to your parents. If one of them or both of them attain old age in your life, say not to them a word of disrespect, nor shout at them but address them in terms of honour. (Al-Isra 17:23) 

  • If you are not allowed to say Uff to your parents then you cannot beat your parents. 
  • This was arrived at by using Qiyaas 
  • However according to the Dhaahiriyah Madhab you can beat your parents as long as you do no say ‘uff’ while doing it 
  • Another example of Qiyaas is taken from the Hadith below: 

Thawban (RA) reported that the Prophet (SAW) said, ‘The woman who seeks divorce from her husband for no reason will not even smell the fragrance of Paradise.”[Sunan Abu Dawud (2/268) No. 2226, Sunan Tirmidhi (3/485) No. 1187, Sunan Ibn Majah (3/207) No. 2055, Sunan al-Darime (2/216) No. 2270, Musnad Ahmad (5/283) No. 22493] 

  • Because of the above Hadith, the four great Imams said if a woman ask her husband for a divorce without a valid reason, she will not enter Paradise
  • however, the Dhaahiriyah claim she will still enter Paradise, but she will not smell it while she is in there.
  • The Dhaahiriyah arrive at that conclusion because they don’t believe in Qiyaas
  • However the correct analogy is that the woman will not enter the paradise at all 
  • Qiyaas is to take one Shariah ruling and apply to another case because both cases have the same nature
  • Even the Prophet (saw) used Qiyaas when teaching his sahabas Islam
  • the Hadith below explains further:  

Ibn ‘Abbaas (RA) reported that a woman came to the Prophet (SAW) and said: "My mother made a vow to perform Hajj but she died before she could do it. Can I perform Hajj on her behalf?" He said, "Yes, perform Hajj on her behalf. Don’t you think that if your mother owed a debt you would pay it off?" She said, "Yes." He said, "Then pay off what is owed to Allaah, for Allaah is more deserving of having vows fulfilled." (al-Bukhaari, al-Fath, 7315) 

  • In the above Hadith the Prophet (saw) told the woman if your dead mother owed someone a debt, you would pay it for her.
  • Likewise, Hajj is a debt your mother owe to Allah 
  • so perform Hajj on her behalf to pay off the debt
  • Another example of Qiyaas is when Umar r.a. kissed his wife during fasting
     
Narrated Umar ibn al-Khattab: I got excited, so I kissed while I was fasting, I then said: Messenger of Allah, I have done a big deed; I kissed while I was fasting. He said: What do you think if you rinse your mouth with water while you are fasting. The narrator Isa ibn Hammad said in his version: I said to him: There is no harm in it. Then both of them agreed on the version: He said: Then what? Sunan Abi Dawud : Book 13, Hadith 2379 

  • The Prophet (saw) was the greatest teacher and that is why he used Qiyaas to teach his sahabas

WHAT IS THE FIFTH SOURCE TO DERIVE THE SHARIAH? 

  • The fifth source to derive the Shariah is called Mas'laha 
  • The arabic word Mas'laha means public interest 
  • Mas'laha is a law that will bring benefit to the community and there is nothing in Shariah to disallow that law 
  • Mas'laha is a new law that the Prophet (saw) did no practice himself 
  • examples of mas'laha include the time when 70 sahabas who were memorizers of Quran got killed at the battle of Yamama fighting against the false Prophet Musaylima [la’natullah alayhi]
  • This scenario prompted Umar to plea with Abu Bakr to compile the Quran in book form 
  • After some hesitation, Abu Bakr accepted the idea and the Quran was compiled into book form for its preservation
  • What Abu Bakr did is called Mas’laha

Zayd ibn Thabit (RA) narrated: Abu Bakr (RA) sent for me because so many had been killed at al-Yamaamah, and I found 'Umar ibn al-Khattab with him too. Abu Bakr said: 'Umar came to me and said: Too many of the reciters of the Qur'an were killed on that day of al-Yamaama and I am afraid that many more reciters will be killed in other battles, and much of the Qur'an will be lost. I think you should issue orders that the Qur'an be compiled. I said to 'Umar: How can I do something that the Messenger of Allah (SAW) did not do? Umar said: By Allah, this is a good thing. He kept pushing the issue until Allah opened my heart to that which He had opened 'Umar's heart, and I thought as 'Umar did. Zayd said: Abu Bakr said: You are a wise young man, and we trust you. You used to write down the Revelation for the Messenger of Allah (SAW), so seek out the Qur'an and compile it. [Sahih Bukhari (6/183) No. 4986] 

  • Another example of Mas'laha is when people started disputing about the different Quranic recitations in different dialects 
  • Uthman then complied the Quran in a single dialect for public interest. 
  • He compiled the Quran in the Quraishi dialect to unite the Ummah of Muhammad and to keep fitna at bay
  • this was the greatest accomplishment during the Caliphate of Uthman. 

Narrated Anas bin Malik: (The Caliph `Uthman ordered Zaid bin Thabit, Sa`id bin Al-As, `Abdullah bin Az-Zubair and `Abdur- Rahman bin Al-Harith bin Hisham to write the Qur'an in the form of a book (Mushafs) and said to them. "In case you disagree with Zaid bin Thabit (Al-Ansari) regarding any dialectic Arabic utterance of the Qur'an, then write it in the dialect of Quraish, for the Qur'an was revealed in this dialect." So they did it. BUKHARI : Vol. 6, Book 61, Hadith 507 

  • Another example of Mas'laha is when Umar went to the Masjid and witnessed the people reciting Taraweeh individually. 
  • Each person’s recitation interfered with the other 
  • Umar used Mas'laha and united the muslims behind one imam reciting the Quran for Taraweeh prayers

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. [Sahih Bukhari (3/45) No. 2010] 

  • What Umar did was to unite the Muslims for taraweeh 
  • and this is one of the greatest accomplishments during the Caliphate of Umar
  • because unity is strength
  • The evil Shia do not perform taraweeh because they claim its a Bid'ah by Umar. 
  • They have no memorizers of the Quran due to their hatred of taraweeh and Umar
  • Many muslims don’t know the difference between Mas'laha and Bid'ah
  • they call Mas’laha good Bid'ah
  • Another example of Mas’laha is to build the masjid with a minaret so that visitors to the city will recognize the building as a masjid
  • When I was in Africa, he found one masjid due to it having a minaret and another masjid was hard to find due to it having no minaret. 
  • To have every masjid built with a minaret is Mas’laha 
  • Today we have traffic lights in cities to avoid accidents and killing fellow motorist and pedestrians. 
  • The traffic light is considered Mas'laha by the scholars of Islam  

THE SIX CONDITIONS FOR MAS'LAHA TO BE VALID 

1. The Mas'laha must bring good to the community, not harm 

  • You cannot establish a brothel and claim that it benefits the men who do not have wives. 

2. The Mas'laha cannot be used by opportunists to fulfill their evil and corrupted desires 

3. The Mas'laha should be real and not hypothetical or imaginary 

  • Some scholars refuse to answer questions that are hypothetical 

4. The Mas'laha should conform with Shariah 

5. The Mas'laha should be Kulliyya
  
  • This means it should benefit all the people and not just the elected elite 

6. The Mas'laha should be legislated by a panel of sincere Islamic scholars and not by wicked scholars or ignorant people 

WHAT IS THE SIXTH SOURCE FOR DERIVING THE SHARIAH?

  • The sixth source to derive the Shariah is called Istis'haab 
  • Istis'haab is called a legal presumption 
  • Istis'haab is defined as presuming a scenario to be continuous unless we have hard evidence to prove that it is no longer continuous 
  • An example of Istis'haab is that you are sure you made wudu but cannot remember if you nullified it. 
  • In this case your wudu is presumed to be still valid 
  • Another example of Istis'haab is that the meat of Jews and Christians is halal for us to consume 
  • so we cannot classify their meat as Haram unless we have hard evidence to prove otherwise.  

The food (slaughtered cattle, eatable animals, etc.) of the people of the Scripture (Jews and Christians) is lawful to you and yours is lawful to them. (Al-Ma'idah 5:5) 

  • Because according to Shariah Law, doubt cannot be used to make a verdict on the meat of Jews and Christians haram
  • The same Ayah that says we can eat the meat of the Jews and Christians
  • is the same ayah that mentions the legality of marrying their women
     
The food (slaughtered cattle, eatable animals, etc.) of the people of the Scripture (Jews and Christians) is lawful to you and yours is lawful to them. (Lawful to you in marriage) are chaste women from the believers and chaste women from those who were given the Scripture (Jews and Christians) before your time, when you have given their due Mahr (bridal money given by the husband to his wife at the time of marriage), desiring chastity (i.e. taking them in legal wedlock) not committing illegal sexual intercourse, nor taking them as girl-friends. (Al-Ma'idah 5:5) 

  • Another example of Istis'haab is we cannot pronounce water to be impure unless we see filth dropping into the water 
  • this is because the original state of the water is purity
  • Another example of Istis'haab is when a man leaves for Jihad, he is alive until proven dead. 
  • Therefore his wife cannot divorce him just because she did not hear from him 
  • The presumption of a matter stays continuous until we have hard evidence to prove otherwise.  

On the authority of Ibn Abbas (RA), that the Messenger of Allah (SAW) said: Were people to be given everything that they claimed, men would [unjustly] claim the wealth and lives of [other] people. But, the onus of proof is upon the claimant, and the taking of an oath is upon him who denies. A hasan Hadith narrated by al-Baihaqee and others in this form, and part of it is in the two Saheehs. RELATED BY BAIHAQI

  • The Prophet (saw) himself used Istis'haab because he mentioned that every man is innocent until proven guilty in the above Hadith
  • In the courts of the Kuffaar you are guilty until proven innocent. 
  • especially if you are black and living in Europe and America
  • However, under Islamic Shariah you are innocent until proven guilty. This is because the Shariah brings justice whereas the Kuffaar system breeds injustice and oppression
  • in the Ayah below, Allah told us to stay away from dhann [doubts and conjectures]
  • because some conjectures are sins
O you who believe! Avoid much suspicions, indeed some suspicions are sins.. (Al-Hujurat 49:12)
  • Allah told us in the Ayah below that a doubt cannot be used as evidence in a Muslim court house, only hard evidences are acceptable
And most of them follow nothing but conjecture. Certainly, conjecture can be of no avail against the truth. Surely, Allah is All-Aware of what they do. (Yunus 10:36)
  • The Prophet (saw) also instructed us in the Hadith below to abandon the hudood [legal punishment] when we have doubts that the defendant is guilty

The Prophet (saw) said that if there is doubt abandon the legal punishment Ibn Abbas (RA) narrated the Messenger of Allah (SAW) said: "Abandon the Hudood when there is doubt." [Musnad Abu Hanifa (Kitab al-Hudood) No. 4]


* * * * * * * * * *

The 12 Sources of  Islamic Shariah Part 2

by Shaikh Faisal

Notes typed live by AT19
Formatted and Edited by AT19 & Shaikh Faisal

Wednesday, March 23, 2016

SEVENTH SOURCE BY WHICH WE EXTRACT THE SHARIAH: - ISTIH’SAAN

Istih’saan means to use your discretion. It also means to abandon one hujjah for another hujjah which is better because the preferred hujjah brings ease to the Ummah.

  • Example of istih’saan: it is haram to drive with car insurance
  • why? because it is money for nothing
  • and Allah has forbidden us to eat up the wealth of each other wrongfully. Hence, Allah said:

O you who believe! Eat not up your property among yourselves unjustly.. (An-Nisa 4:29)

  • many drive for 20 years and never have an accident
  • yet they keep paying insurance for 20 years
  • hence, the insurance company is eating up the wealth of people wrongfully
  • Allah forbade this in the above ayah
  • even life insurance is haram 
  • people will kill you to claim the insurance money if they know you are insured
  • everyday, in Europe and America, people kill their relatives to claim insurance money
  • although car insurance is haram 
  • if you drive without car insurance in darul kufr 
  • the police will arrest you 
  • therefore, you can take the least amount of car insurance in order to avoid the humiliation of going to jail in darul kufr 
  • the Ulama allows this in the name of istih’saan
  • another example is share cropping 
  • meaning a rich land owner allows people to plant on his land
  • and when they harvest the crop, they give him a portion of the crop
  • share cropping is haram because the poor farmers are exploited by the rich land owners
  • however, it can be allowed if there is a shortage of food for the people 

  • another example for istih’saan
  • according to Shariah law, the wali of the girl has to be pious and God fearing
  • he cannot be evil and impious
  • but in a case where the wali of the girl is her father who is rich, powerful
  • but he is a fasiq who drinks and misses his prayers
  • it could be that he is the Mayor of a City or Governor of the State
  • if the Qadi should stop the marriage on the grounds that the wali is a fasiq, it will cause great fitna in the community because his pride will be hurt
  • in this case, the Qadi will allow the marriage to go ahead with a wali who is a fasiq to avert fitna
  • this ruling of the Qadi to allow the marriage is called istih’saan
  • however, under normal circumstances he would not be allowed to be her wali because he is a fasiq

another example for istih’saan: 
  • the Muslim cannot look at the private parts of strangers 
  • someone asked a shaikh if they could look at videos to learn how to make love because he is a virgin. 
  • the shaikh said no because you cannot look at the private parts of strangers and these videos expose the private parts of strangers
  • the shaikh said Adam, the father of mankind, didn't have videos to learn how to copulate with Eve
  • if you are a Muslim male gynecologist and need to deliver a breached child 
  • the Qadi will tell the Muslim doctor that under normal circumstances, this is not allowed 
  • but because it is your profession,  it is allowed  
  • sometimes there are no female doctors in life saving situations 
  • a male doctor cannot be an extremist and cause a woman to die because the haram becomes halal under abnormal circumstances

another example for istih’saan: 
  • a group of Muslim girls go swimming in the sea 
  • one is about to drown 
  • you cannot say "let my daughter drown" 
  • do not touch her because you are a man and a non-mahram for her
  • you have to allow the lifeguard to save her 
  • in Makkah a fire broke out in a girls’ school 
  • I heard some of the girls died because they didn't have niqab or hijab on
  • and the school didn’t allow them to run out in the street without being covered properly
  • they should have run out without hijab and niqad
  • Imam Shafi doesn't follow istih’saan
  • Abu Hanifa, Imam Malik,  and Ahmed allow istih’saan 
  • Imam Shafi said if istih’saan is used, people will use it to fulfill their evil and corrupted desires and people will use istih’saan to practice Islam according to their personal opinions 

Ali (RA) observed, "If the religion was based on opinion, the bottom of the sock would take preference in being wiped to the top of the sock." [Related by Abu Dawud (1/90) No. 162 and ad-Daraqutni (1/378) No. 783 with a hassan or sahih chain.] 

  • the other Imams refuted Imam Shafi 
  • they said when Umar was the Caliph he used istih’saan 
  • Umar abandoned the law of cutting off the hand of the thief during a famine 

EIGHTH SOURCE BY WHICH WE EXTRACT THE SHARIAH: IJTIHAAD 

  • ijtihaad means an independent judgement of the Mufti 
  • it is called an independent judgement because the issue cannot be found in Quran or Sunnah 
  • the scholars do not disagree about ijtihaad because of the following Hadith" 

Some companions of Mu'adh ibn Jabal said: 'When the Apostle of Allah (SAW) intended to send Mu'adh ibn Jabal to the Yemen, he asked: "How will you judge when the occasion of deciding a case arises?" He replied: 'I shall judge in accordance with Allah's Book.' He asked: "(What will you do) if you do not find any guidance in Allah's Book?" He replied: '(I shall act) in accordance with the Sunnah of the Apostle of Allah (pbuh).' He asked: "(What will you do) if you do not find any guidance in the Sunnah of the Apostle of Allah (pbuh) and in Allah's Book?" He replied: 'I shall do my best to form an opinion and I shall spare no effort.' The Apostle of Allah (SAW) then patted him on the chest and said: "Praise be to Allah Who has helped the messenger of the Apostle of Allah to find something which pleases the Apostle of Allah."' [Sunan Abu Dawood (3/303) No. 3592] 

  • an example of ijtihaad 
  • artificial insemination 
  • if the sperm is from the husband to his wife, it is halal 
  • if the sperm is from a stranger it is haram 
  • sperm banks are haram 
  • women may go to the sperm bank and ask for specifics in the donor 
  • black, white, asian, blond hair, blue eyes, tall, smart... this is eugenics 
  • in Germany Hitler use to force ugly women to be sterilized 
  • if you are not intelligent you can not give birth in Germany 
  • Hitler believed in Eugenics 
  • the father of Eugenics, Francis Galton, is a cousin of Charles Darwin 
  • who believed the whiter you are the more intelligent and more hansom you are 
  • both men were breathtakingly racist
  • artificial insemination is halal only if the sperm is from a husband to his wife 
  • the worst thing is for a man to ejaculate into a woman who is haram for him 
  • abortion is permissible if it is before six weeks 
  • this is the Hanbali view, they are very lenient in regards to abortion
  • example: a girl is 12 years old with a perverted step-father who pins her down and impregnates her
  • some will say it is Qadr for her to get pregnant so she should keep the baby, but there is nothing in Quran and Sunnah that says we have to be pleased with Qadr so abortion is allowed for this 12 year old girl in this case because you cannot impose Qadr on someone 

  • another example: if you lose your feet in an accident, how can you be pleased with that even though it is Qadr? 
  • we are not obliged to be pleased with Qadr; however, it is incumbent on us to be patient with Qadr
  • because if you are not patient with Qadr, you will apostate from Islam 

  • another example: can a woman rent the womb of another woman to carry her baby? 
  • only if the woman is your co-wife, otherwise being a surrogate mother is haram 
  • plastic surgery is permissible if there are no side effects 
  • what about a 50 year old who wants to beautify herself for her husband? This is halal because she is not changing the creation of Allah. She is beautifying it 
  • to change from a man to a woman is changing the creation of Allah 
  • female genital mutilation [fgm] is also changing the creation of Allah, so it is haram
  • fgm has nothing to do with Islam 
  • the Prophet (saw) had four daughters and never mutilated any of them
  • the Ulama used the verse below to pronounce fgm haram:

Verily, I will mislead them, and surely, I will arouse in them false desires; and certainly, I will order them to slit the ears of cattle, and indeed I will order them to change the nature created by Allah." And whoever takes Shaitan (Satan) as a Wali (protector or helper) instead of Allah, has surely suffered a manifest loss. (An-Nisa 4:119) 

  • not everyone is born normal, some people were born deformed
  • kids who were born deformed will be bullied in school if they don’t have plastic surgery 
  • a hermaphrodite is a person born with both private parts 
  • if the hermaphrodite has an erection, he has to have surgery to become a man 
  • if the hermaphrodite cannot have an erection, she has to become a woman because erection is your manhood
  • the door of ijtihad is open until Day of Judgement to make Islam workable in all time and place

  • another example of ijtihad is the matter of GM crops 
  • GM crops are permissible to eat if they do not cause tumor or cancer 
  • the scholars disagree regarding stock markets, this is because at the stock markets people sell goods that do not exist and call it invisible assists
  • for example, they sell oranges that are not yet on the tree
  • when Umar was the Caliph he prohibited selling fruits that did not appear on the tree
  • the concept of invisible assets is a capitalist concept from the West
  • because the system in the West is unfair and oppressive
  • buying things online is also differed on by the scholars because before you can buy something you have to see what you are buying
  • people sell counterfeit items online everyday 
  • buying things online is only permissible if you can reclaim your money in case of a fraud or deception or if you have a way of knowing the item is not fake

THE RULES OF IJTIHAD 

1. Ijtihad is open until the Day of Judgement to make Islam workable and applicable for all time and place


  • if you close the door of ijtihad, Islam will become outdated 
  • we have modern day discoveries everyday 
  • therefore, to close the door of ijtihad will make the religion become obsolete 
  • Muslims embrace modernity so we cannot close the door of ijtihad

    2. Only a sincere scholar who is firmly grounded in knowledge can make ijtihad 

    • the ignoramus or the munafiq is not allowed to make ijtihad 

    3. It is haram to make ijtihad when the text is clear 

    • A person who ask if they can go to the fortune teller to have their palm read 
    • how can you make ijtihad on this matter when the Hadith clearly states it is haram?
       
    4. It is haram to make ijtihad in matters of aqeeda 
    • you only make ijtihad in matters of fiqh 

    NINTH SOURCE BY WHICH WE EXTRACT THE SHARIAH: DAROORA 

    Daroora means necessity 

    • example: you are shipwrecked on an island and all you see are pigs to eat 
    • in this case you are allowed to eat the pig to save your life 

    He has only forbidden to you dead animals, blood, the flesh of swine, and that which has been dedicated to other than Allah. But whoever is forced [by necessity], neither desiring [it] nor transgressing [its limit], there is no sin upon him. Indeed, Allah is Forgiving and Merciful. (2:173) 

    • a person is considered under daroora when he fears losing his life, family or property 
    • Ammar ibn Yaasir's mother and father were killed by the pagan Arabs 
    • the pagan Arabs were going to kill him next
    • so he apostated with his tongue to save his life 
    • so Allah revealed the following for him: 

    Whoever disbelieves in Allah after his belief... except for one who is forced [to renounce his religion] while his heart is secure in faith. But those who [willingly] open their breasts to disbelief, upon them is wrath from Allah, and for them is a great punishment; (16:106)

    • if you are choking an found alcohol only, you are allowed to drink it to clear your throat 
    • a person is under daroora if you fear losing your family 
    • if a  person left Islam under taqiyyah you are not suppose to hold it against him because Ammar ibn Yaasir did it to save his life
    • taqiyyah is allowed to use against the enemy 
    • taqiyya means to hide your belief 
    • you are allowed to lie to the kuffar by using taqiyya 
    • it is allowed in darul harb because darul harb is the land of the enemy and the Hadith says war is deception:

    Narrated Ka'b ibn Malik: When the Prophet (SAW) intended to go on an expedition, he always pretended to be going somewhere else, and he would say: "War is deception". [Abu Dawud 2629, Tirmidhi 1681, Ahmed 14312] 

    TENTH SOURCE BY WHICH WE EXTRACT THE SHARIAH: THE AMAL OF MADINAH 

    The Amal of Madina means the practices of the people of Madina

    • This source is used by Imam Malik only 
    • he was living in Madina and established his madhab in Madina
    • Imam Malik believed since the Prophet (saw) established the Islamic State in Madina, the best people to learn Islam from is the people of Madina because they were living in the land of the revelation
    • in the Muwatta of Imam Malik he said you should pray with your hands on your chest 
    • when the Imam recites Fatiha, those who pray behind the imam say "AMEEN" loudly 
    • because this was the practice of the people of Madina
    • the people of Madina were closest to the Prophet (saw) so they understand Islam best according to Imam Malik 
    • Abdullah ibn Zubayr was the first child to be born in Islam because he was born after the hijra in Madina 
    • he was called the first child born in Islam because he was born after Shariah was implemented
    • this means there is no Islam without Shariah
    • it is worthy of mentioning that Islam should not be confined to books, but it should be practiced in order to give meaning to the religion 

    ELEVENTH SOURCE BY WHICH WE EXTRACT THE SHARIAH: QUAL SAHABA 

    The fatwas and tafsir of the sahabas are called Qual Sahaba 
    • in regards to the fatwas of the sahahbas, the Prophet (saw) said:

    Prophet (SAW) said: “I urge you to adhere to my Sunnah and the way of the Rightly-Guided Caliphs after me; cling tightly to it.”  [Majmoo’ al-Fataawa (22/234-235)] 

    • the above mentioned Hadith is clear evidence that Qual Sahaba is hujjah
    • if Qual Sahaba was not hujjah, why did the Prophet Muhammad command us to follow his Sunnah and the Sunnah of the rightly guided Caliphs?
    • when the Rasool (saw) died, there was a difference of opinion where to bury him 
    • some said bury him in Makkah because he was born there and the kaaba is there. 
    • others said bury him in Madina because he established the Islamic State there. 
    • and others said bury him in Jerusalem because he led the other Prophets in salah there and he went to the seven heavens to speak to Allah from Jerusalem
    • but Abu Bakr said bury in Madina because a Prophet is buried where he died

    Yahya related to me from Malik that he had heard...Abu Bakr as-Siddiq 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]

    • Qual Sahaba is hujjah because it is assumed that they got the verdict from the Prophet (saw) himself like the Hadith of Abu Bakr above
    WHO IS A SAHABA? 

    • A shahaba is a Muslim who met the Prophet and died believing in him 
    • therefore, we cannot call Abdullah ibn Ubayy a sahaba because he was the most famous hypocrite of Madina
    • the definition says a Muslim who met the Prophet
    • it did not say a munafiq who met the Prophet
    • secondly, the definition says “he died believing in him”
    • so those who apostated from Islam after the death of the Prophet cannot be called his sahabas
    • some people became apostates after the death of the Prophet by refusing to pay Zakah
    • while others became apostates by following the false Prophet Musaylima [la’natullah alayhi]
    • the fuqaha do not except this definition for a sahaba
    • they say a sahaba is a Muslim who met the Prophet and became firmly grounded in knowledge due to spending a long time in the company of the Prophet and died upon Islam 
    • they say how can you meet the Prophet for one hour and call yourself a sahaba? 
    • they believe a sahaba has to be a scholar like the four rightly guided Caliphs and Abu Hurairah, Ibn Umar, Ibn Abbas , Talha Zubair, Aisha, Umm Salima, etc.
    • another example of Qual Sahaba  was when Abu Bakr Saddiq pronounced the Prophet Muhammad (saw) as dead, but Allah is alive and cannot die

    Abu Bakr said, "To proceed, if anyone amongst you used to worship Muhammad , then Muhammad is dead, but if (anyone of) you used to worship Allah, then Allah is Alive and shall never die. Allah said: "Muhammad is no more than an Apostle, and indeed (many) apostles have passed away before him...(till the end of the Verse)... Allah will reward to those who are thankful." (3.144) By Allah, it was as if the people never knew that Allah had revealed this Verse before till Abu Bakr recited it and all the people received it from him, and I heard everybody reciting it (then). [Sahih Bukhari, Vol 5, Book 59, Hadith #733]

    • if Qual Sahaba wasn’t hujjah, why all the sahabas accepted the verdict of Abu Bakr Saddiq and his verdict became an ijma among the sahabas?

    • another example: Qual Sahaba becoming hujjah is when Abdur-Rahman bin Auf testified in the Hadith below that the Prophet (saw) took Jizya from the Zoroastrians 

    Umar did not take the Jizya from the Magian infidels till 'Abdur-Rahman bin 'Auf testified that Allah's Apostle had taken the Jizya from the Magians of Hajar. [Sahih Bukhari, Vol 4, Book 53, Hadith #384] 

    • another example of Qual Sahaba becoming hujjah was when Umar increased the punishment for drinking alcohol from 40 lashes to 80 lashes
    • 40 lashes for drinking alcohol was done by Ali when he was the Caliph
    • however, Umar gave 80 lashes when he was the Caliph and this is considered Qual Sahaba
    • to make the tawareeh behind one Imam is under Quad Sahaba 
    • to bring about two adhan for salatul Jumuah is Qual sahaba 
    • Anas bin Malik says menses does not last for more than 10 days and this is also Qual sahaba 
    • any day over that is considered a sickness, not menses 
    • Qual Sahaba is better than Qiyas according to Imam Malik and Ahmed 
    • concerning Qual Sahaba we say it is accepted if he pass a fatwa and no other sahaba appose the fatwa 
    • Ibn Abbas allowed Mut’a marriage and eating of donkey meat and this is not accepted because it wasn't ijma among the sahabas 

    TWELTH SOURCE BY WHICH WE EXTRACT THE SHARIAH: URF 

    Urf means the prevailing custom of the people 

    • the Prophet (saw) retained some custom of the pagan Arabs because they did not contradict Shariah 
    • example: if you are running after a man to kill him and he ran until he reached the kaaba and holds onto the cloth of the kaaba, you are not allowed to kill him out of respect for the kaaba because the kaaba is Allah’s house
    • this was the prevailing custom of the Pagan Arabs, yet the Prophet (saw) retained that aspect of their custom 

    • if you killed a man who is innocent, the male members of the family has to pay the blood money (dia)
    • his father, grandfather, uncle, brother... the entire tribe has to come up with the blood money equivalent to 100 camels or 200 cows 
    • this figure of 100 camels was set by the pagan Arabs long before the Prophet (saw) was born 
    • yet Islam retains that aspect of their custom
    • the Urf impacts on the Shariah as a source for extracting the Shariah 
    • when Umar conquered territories, he allowed the people to keep their religion and customs and to continue to conduct trading transactions according to their customs
    • if you buy a lemon car, and a man takes you to court to get his money back because the car broke down, the Qadi may decide to make the seller give your money back if it was within the 30 day warranty
    • this is so because in the Urf of many people, when you buy a used car you have 30 days to take it back if it breaks down
    • people that sell used cars are often dodgy and they hide the faults of the cars and lie to sell as many cars as possible
    • therefore, to protect the customers, the Urf says you have one month to change your mind and get your money back 
    • to hire Quranic teachers and pay wages to him is the Urf of many countries 
    • this is because the Prophet (saw) gave a woman away in marriage to a man and the mahr was for him to teach her what he knows of the Quran

    Sahl bin Sa'd As-Sa'idi narrated that: A woman came to the Messenger of Allah and said: "I present myself to you (for marriage)." So she stood for a long time. Then a man said: "O Messenger of Allah! Marry her to me if you have no need of her." So he said: "Do you have anything to give her as a dowry?" He said: "I have nothing except this Izar." So the Messenger of Allah said: "If you give her your Izar then you will have no Izar, so search for something." He said: "I did not find anything." He said: "Search for something, even if it just an iron ring." He said: So he searched but he did not find anything. The Messenger of Allah said: "Do you have any Qur'an (memorized)?" He said: "Yes. This Surat and that Surat." And he named the Surat. So the Messenger of Allah said: "I marry her to you for what you have (memorized) of the Qur’an." TIRMIDHI Vol. 2, Book 6, Hadith 1114

    • today you rent cars, correct? 
    • long before the Prophet (saw) was born, people rented horses and an integral part of their custom
    • and Islam retained this aspect of their custom
    • when Islam enters a city or village, it retains the custom of the people because if you take away the custom of the people, they will find Islam oppressive and too restrictive
    • however, if the custom is haram, you have to take away that custom 
    • a man in some African countries with two wives will give one wife to his guest to sleep with 
    • this Urf is haram because it is zina and is against Shariah 
    • when Umar conquered large sections of the world he found an Urf there 
    • people would tax the traders who come from other countries to buy and sell in their countries
    • they told Umar this is their Urf in their country and they were not willing to give it up
    • so Umar continued the practice of taxing foreigners who come to their country to do business