Fiqh

Madhhab

History of Fiqh – From the Sahabah to the Madhhabs

ο How we went from the Sahabah to the Madhhabs

→ The Sciences From Which Usul al Fiqh (legal theory) Derived its Academic Basis, Origins and Development of Usul al Fiqh, Methods For Deriving Rulings From the Sources (Quran and Sunnah).

→ The Era of the Great Sahabah, The Time of Abu Bakr al Siddiq ,Special Features of Fiqh in that Period, The Time of ‘Umar Ibn al Khattab, The Time of ‘Uthman Ibn ‘Affan, The Time of ‘Ali Ibn Abu Talib, The Fuqaha’ Among the Sahabah and the Tabi’un.

→ Law after the Tabi’un: The Time of the Mujtahid Imams, Rationalists and Traditionists: Ahl al Hadith and Ahl al Ra’i.

→ The Method of al Imam al Shafi’i in His Book: Al Risalah.

→ Developments in Usul Al Fiqh After al Imam al Shafi’i, The Role of the Followers of Abu Hanifah in the Writing of al Usul, The Methods of the Followers of al Imam al Shafi’i, or the Mutakallimun, and those of the Hanafiyah, The Method of the Hanafi Scholars of al Usul, The Science of Usul al Fiqh During the Sixth Century AH and The Following Period.

About the Author and Footnotes

ο A Closer look at the Principles of Law Formulated by the Early Scholars and Where They Came From

ο The Differences of The Imam’s – Why Differences of opinions Exist

 varying commands for different people and circumstances. A special case is taken as a general order. A general order is taken as a special case. A difference of perception. Intentional action vs coincidence. Words have multiple meanings. Fundamental And Subsidiary Differences. Differences: A Source Of Mercy.

Narration by meaning. Abrogation. The problem of human error. Excessive links between narrators. Weak narrators. Fabrication of hadiths. Tampering with sound narrations. Weak hadiths in the later generations.

The main reason for the diffeences between the imams. Some principles of hadith. Types of hadiths .The basis of rejection and preference. Assessment of a narrator. Some principles of fiqh: principles of the jurists for the validity of hadiths. The most basic reason for differences. The four schools of fiqh: the opinions of the imams are all from the hadiths. Examples of the multi -faceted methods of inference

About the Author and Refrences

ο The Reason For Following a Madhhab What did the Salaf do

 The concept of Taqleed in the Quran. Taqleed in the Sunnah.

 The Need For Following A Particular Imam. The Taqleed Of An Individual. Why The Four Schools Of Thought?

 The Taqleed Of The Lay Person. The Taqleed Of An Expert Scholar. The Taqleed Of An Absolute Mujtahid.

 The Following Of Forefathers Is Condemned In The Qur’an. The Condemnation Of Taqleed Of Savants And Sages. The Hadith Of ‘adi Ibn Hatim Ra. The Statement Of Abdullah Ibn Mas’ood Ra. The Statements Of Mujtahid Imams Themselves.

 Is Taqleed A Defect?. The Taqleed Of An Individual And Following One’s Whims And Fancies. The Taqleed Of An Individual And New Issues.

About the Author.

Principles of Law

Usul Al Fiqh

Usul al Fiqh (Usul is plural of Asl) the bases or roots of Islamic Law, expound the methods by which Fiqh (detailed Islamic law) is derived from their sources (Quran and Sunnah). In this view, Usul is the methodology (like Ijtihad, Qiyas (analogy) or Ijma (consensus) ) and the Fiqh is the product.

ο Introduction to Usul Al Fiqh

ο The Foundational Principles Of The Four Imaams

~ Hanafi Usul

ο The Fiqh and Usul of Imam Abu Hanifah

→ The transmission of Hanafi fiqh. The Musnad of Abu Hanifa. Abu Hanifa’s knowledge transmitted by his students. Abu Yusuf. The books of Abu Yusuf. Muhammad ibn al-Hasan ash-Shaybani. Zafar ibn Hudhayl. The place of Abu Hanifa’s fiqh in relation to earlier fiqh. Abu Hanifa and hypothetical fiqh. The fundamental principles on which Abu Hanifa based his fiqh. Abu Hanifa and legal evidence. The Quran. The Sunna. Fatwas of the Companions. Consensus. Analogy. Istihsan (Discretion). Custom (‘urf).

~ Maliki Usul

ο The Fundamental Principles of Imam Malik’s Fiqh

ο The ‘Amal of Madina – Used in Fiqh

ο The Seven Fuqaha’ of Madina

~ Hanbali Usul

ο The Principles of The Hanbali Madhhab – An Introduction

Qawaid Al Fiqh

Legal maxims (qawa‘id al-kulliyah al-fiqhiyyah) are theoretical abstractions, usually in the form of short epithetical statements, that are expressive, often in a few words, of the goals and objectives of the Shari‘ah. While Usul al Fiqh is the method used, Like Ijtihad and Qiyas, Qwaid are the general rule’s of fiqh which apply to its related branches, for example “a person is presumed innocent until proven guilty”.

Fiqh

Hanafi Fiqh

ο How to Find the Hanafi School’s Relied-Upon Position 

ο Mukhtasar al Quduri – A Manual of Hanafi Fiqh

Shafii Fiqh

ο How to Study the Shafi’i Madhab

Maliki Fiqh

ο The Risala of ‘Abdullah ibn Abi Zayd al-Qayrawani – A Treatise on Maliki Fiqh

ο Al-Muwatta’ of Imam Malik

Islamic Economics

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