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Old 06-14-2004, 08:20 PM   #1
AlMurabit
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Different Fiqh?

Assalamu Alikum

I am currently reading Shaykh Yusuf Al Qaradawi's book called "Priorities of the Islamic Movement in the coming phase". I knew there were different types of Fiqh, only five. But he mentioned about 4 more which really suprised me.

My questions

1) Will you discuss these different types of Fiqh, their definition and how they are used in the seminar?
2) Are there more different types of Fiqh?

Fiqh Al 'Aqaliyaat (Minorities) or Mahgr?
Fiqh Al Awluwiyaat (Priorities)
Fiqh Al Muwazanat (Balances)
Fiqh Al Waqi' (Reality)
Fiqh Al Nawaazil (don't know how to translate)
Fiqh of Sunan in universe (understanding the creation of Allah)
Fiqh of Goals of Shari'ah (understanding of what Allah orders)
Fiqh of Ikhtilaaf
Fiqh of practices and levels of actions

The ones you won't mention in class, can you give me a brief definition of them and why we use them?

I still haven't read the whole book, and i don't know why but i have a feeling he will explain some later on in the book, but i don't think that detailed. If you want me to wait till i finish the book then you will answer my question then i will do it Insha'allah. Thank you for taking the time to read this.

Wasalam
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Old 06-14-2004, 11:57 PM   #2
UmmSarah
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Re: Different Fiqh?

Quote:
Originally Posted by AlMurabit
Fiqh Al Nawaazil (don't know how to translate)
Unprecedented events (Things that have never happened before.)

I'm reading a book about this by Sh. Bakr Abu Zaid. So far, I've been reading the arguments for and against:

Following a set code of laws VS. making own ijtihaad

Following a Set Code of Laws: Supporters think that a state should gather a group of scholars to investigate these new issues, come to a conclusion about them, then make them into state law and force everyone to rule/give fatwa based on these laws. In summary, their logic is that if everyone judges with the same ruling there will be more credibilty, more unity, and less of a chance for judges giving incorrect fatwaa.

Each Judge Making His Own Ijtihaad: Supporters of personal ijtihaad (for the judges) believe that codifying fiqh is dangerous mainly because they are establishing LAW for Islaamic rulings based on human ijtihaad. What if their ijtihaad is wrong? What if a judge has come to the opposite conclusion, based on his ijtihaad? How could it be permissible for him to give a fatwaa to the people which is the opposite of what he truly believes Allaah wants? Can he say halaal when he believes the evidences in Qur'aan and Sunnah point towards haraam?

*The proofs for the "Codifiers" is given. It is then refuted. Then the proofs for the "Ijtihaad Advocates" is given. I'm almost done with this section.

*I think the second volume goes into examples of things like test-tube babies and stuff...haven't gotten there yet.

Wallahu A'lam.

I hope I haven't made any mistakes. My Arabic is not as good as it should be but, inshaa'Allaah, my general understanding of the material is correct. Sh. Yaser, please correct any mistakes I've made or add important points I may have left out.
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Old 06-15-2004, 08:25 AM   #3
AlMurabit
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Re: Different Fiqh?

Thank you UmmSarah for your reply, that was very interesting. I wonder if there is a general book just on the different kidns of Fiqh, like an introduction?

Jazaki Illah Khairan

Wasalamu Alikum
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Old 06-15-2004, 12:00 PM   #4
Yaser Birjas
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Re: Different Fiqh?

I’ll just wait until you finish the book and then; you give me the answer.
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Old 06-18-2004, 11:16 AM   #5
AlMurabit
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Re: Different Fiqh?

Assalamu Alikum

Alhamdulillah i finished the book. I know the definitions of a lot of the different kinds of Fiqh. But still there are some i don't know, which are

Fiqh of Sunan in universe (understanding the creation of Allah)
Fiqh of Ikhtilaaf
Fiqh of practices and levels of actions

As for the others, alhamdulillah i got a good idea from research and other things.

Jazak Allahu Khair

Wasalam
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Old 06-18-2004, 11:52 AM   #6
Yaser Birjas
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Re: Different Fiqh?

Quote:
Originally Posted by AlMurabit

Alhamdulillah i finished the book.

Congratulation, how does it feel to finish a book?
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Old 06-18-2004, 11:57 AM   #7
Yaser Birjas
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Re: Different Fiqh?

Quote:
Originally Posted by AlMurabit

I know the definitions of a lot of the different kinds of Fiqh. But still there are some i don't know, which are

Fiqh of Sunan in universe (understanding the creation of Allah)
Fiqh of Ikhtilaaf
Fiqh of practices and levels of actions
The categories of Fiqh you’ve listed are not technically Fiqh issues, they used the term ‘Fiqh’ in it’s linguistic meaning ‘understanding’.

Fiqh of Sunan ‘understanding the signs of Allah in his creation.
Fiqh of Ikhtilaf ‘understanding the ethics of disagreement’
Fiqh of Practice and levels of actions ‘understanding the value and priorities of your Ibaada’

Wallahu Aa’lam
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Old 06-20-2004, 06:28 PM   #8
Yaser Birjas
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Re: Different Fiqh?

Quote:
Originally Posted by AlMurabit
ya subhanallah, now that makes sense. This what he's been saying like "Farida takes precedence over Nafilah" also "Farida with time constraint takes precedence over Faridah with no time constraint" and tons of other principles.

What clicked was when Ibn Al Qayyim examined the various opinions on which Ibadah is better. He said "For every time, there is an Ibadah which is preferred the most" like at times of famine, providing food is the best action.

Jazak Allah khair ya shaykh

Wasalamu Alikum
exactly right.

Last edited by admin2; 07-24-2006 at 09:49 AM.
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Old 11-29-2004, 11:38 AM   #9
AlMurabit
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Re: Different Fiqh?

Assalamu Alikum

I got permission by Shiekh Yasar to post this. I basically just compiled all the definitions for the different kinds of "Fiqh" out there.




-------------------------------

Fiqh Al 'Aqaliyaat (Minorities)
-The idea that the Muslim Jurist must relate the general Islamic Jurisprudence to the specific circumstances of a specific community, living in specific circumstances where what is suitable for them may not be suitable for others. The Jurist must not only have a strong background in Islamic sciences, but must also be well versed in the sociology, economics, politics, and international relations relating to that community. Purpose of this Fiqh is not to recreate Islam; rather it is a set of methodologies that govern how a jurist would work within the flexibility of the religion to best apply it to particular circumstances.

-To sum up, the fiqh of minorities is concerned with the legal rulings regarding the issues that concern the Muslim communities living in non-Muslim societies.
-Fiqh Al Aqaliyaat studies the Nawazil of Muslim minorities in non-Muslim countries.

Fiqh Al Awluwiyaat (Priorities)
Putting everything in its true perspective; no prominent issue should be postponed, and no minor issue should be given prominence, no big matter should be underestimated and no small matter should be exaggerated.

Fiqh Al Muwazanat (Balances)
1) Balancing interests against each other in terms of size and capacity, value and effect, as well as endurance; so as to determine which should be given precedence and which should be discarded.
2) Balancing evils against each other in the same way of balancing interests, so as to determines which could be accepted and which has to be avoided.
3) Balancing interests against evils if they contradict, so as to determine when to give the avoidance of evil precedence over the gaining of interests.

Fiqh Al Waqi' (Reality)
Based on the precise study of the contemporary reality; covering all its aspects and dependant on the most accurate information.

Fiqh Al Nawaazil (Unprecedented events)
Any unprecedented event or problem that befalls the Ummah. New events, problems and situations that did not happen during the time of the prophet. Therefore, they are problems that need Fiqh solutions.

Fiqh of the Sunan
Understanding the creation of Allah
Understanding Sunan of Allah

Fiqh of Goals of Shari'ah

Fiqh of Ikhtilaaf

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Old 11-29-2004, 11:38 AM   #10
UmmSarah
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Re: Different Fiqh?

JazaakAllaahu khairan, Brother.
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