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Al Waraqt: Sh.

Tariq Appleby Alkauthar Student Guild SG1 Term 6




This translation of al-Juwayn's Al Waraqt is based on a translation of Jall al-Dn al-Maall's commentary and is available online.
First edition Ramadan 1432/August 2011 Reproduction permitted for non-commercial use provided no changes are made to content,
structure or format of the text. All moral rights asserted. Please send corrections or clarifications to alkautharstudentnotes@gmail.com
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Imm al Haramain Al Juwayn

Al Waraqt
In the Name of Allh, Most Merciful and Compassionate

Authors Introduction
These pages [waraqt] comprise some of the topics of jurisprudence.

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Usl al Fiqh
This term refers to the science of the principles of Islamic jurisprudence, by which Islamic law is derived.
The Benefits of Usl al Fiqh
It enables us to deal with new issues which may not have been present at the time of the Prophet or the
companions or the scholars who came after them, where there is no clear text on the matter. By understanding
the principles by which rulings are derived from the Qurn and Sunnah and the maqsid or goals and purposes
of the Shariah, we can draw rulings for these issues.
It enables us to give tarjh or preference to the stronger opinion where there are a number of opinions among
the scholars on issues of fiqh, through knowledge and sound academic research and analysis. This ability is
based on an understanding of what can be used as evidence, its conditions, the relative strength of various
forms of evidence, and an understanding of how the scholars have come to their opinions.
It enables us to identify, avoid and refute innovations in the religion and corruptions of the original message of
the Prophet . For example, we can analyse and refute claims that certain aspects of the Shariah no longer
apply through an understanding of the limits on the extent to which and the reason why rulings can be
abrogated and who has the authority to set aside rulings.
It enables us to understand the illa or reason behind certain rulings. This is not a condition for acting upon a
practice, for as Muslims our first duty is to submit to the will of Allh ,. However, understanding the illa does
enable us to appreciate the wisdom of the Shariah and assists in the effort to derive new rulings where required
through qiys or analogical reasoning.
The Ruling on studying Usl al Fiqh
The study of usl al fiqh is a fard kifyah or a communal obligation; this is an obligation addressed to the community
as a whole but if some members fulfil the requirement, the others are absolved of it.
The Evolution of Usl al Fiqh
At the time of the companions, they intuitively understood the nature of the rulings of Islm as they were present at
the time of revelation and understood the context and causes of revelation, were taught directly by the Prophet ,
and understood the Arabic language in the same manner as him (note that linguistic differences comprise a large
proportion - some scholars state up to a third - of the issues arising in usl al fiqh).
Imm Shafi is credited with being the founder of the science of usl al fiqh by codifying and documenting in his Ar
Rislah what his predecessors had been applying and discussing prior to that. These principles were well known and
widely implemented in general, but it is often the case that drafting actual rules and guidelines is a more substantial
task than the practice of those rules and guidelines. Ar Rislah was a letter to one of his contemporaries, the
muhaddith Abdur Rahmn ibn Mahdi al Lului, who wanted to know the principles which a scholar required to
properly understand the Qurn and the ahadith.
Al Waraqt: Sh. Tariq Appleby Alkauthar Student Guild SG1 Term 6

Imm Shafi had grown up among the Bedouin, who at that time were the custodians of the pure Arabic in use at the
time of the Prophet , and was therefore very well versed in the Arabic language and many students came to his fiqh
classes in order to just benefit from his linguistic skills.
After Imm Shafis initial groundwork, further contributions were made by subsequent scholars, which lead to an
initial division of the science into two schools of thought, although later on a synthesis was achieved in a third school:
i. The methodology of Shafis and those who agreed with them, such as the Malikis and Hanbalis. Their approach
was to analyse the Qurn and Sunnah and deduce from this thorough study of the evidences the principles by
which they can be understood and rulings derived.
A benefit of this approach is that they go straight to the sources and therefore there is no element of taqld of
specific (fallible) personalities. However, this approach can be quite academic and lack a practical aspect,
therefore one finds that their books lack many examples.
Texts which relate to this school of thought include:
Al Burhn by Juwayn; it is a comprehensive study of usl al fiqh but lacks a multitude of examples.
Al Mustasfa by Imm Ghazli, which is a very beneficial book and has been summarised or commented by
other scholars. Ibn Qudmah al Hanbali summarised, commented and checked this text in a book entitled
Rawdat an Ndir, which is the textbook on usl al fiqh which is taught at the Islamic University of Madnah
and other universities.
They are often termed the mutakalimn or those who engage in scholastic theology, although this is a term
which is also applied to the Ashirah, Maturiydiyyah and Mutazilah schools of aqdah.
ii. The methodology of the hanifiyyah. Their approach was to look at the fatwa and rulings of their main scholars,
such as Ab Hanifa and his two students Ab Yusuf and Muhammad ibn Hasan ash Shaibani, and deduce
through careful study of their opinions the principles by which rulings are derived.
A benefit of this approach is that there is a practical aspect to the subject and it indirectly teaches one a great
deal of fiqh. However, one is now attached to the limited product of fallible individuals, therefore the scope for
flexibility and further academic research is restricted and the attachment to personalities encourages
partisanship. Instead we should attach ourselves not to the personalities but to the texts and values which they
attached themselves to and lived for.
Texts which relate to this school of thought include:
Usl al Bazdaw which is taught at various institutions.
Usl ash Shshi which is taught in many Dar ul Ulooms.
They are also referred to as following the way of the fuquha, a term which is a reference to the fact that the
Hanafi school arose out of the school of Rai or opinion in Iraq.
The key difference is therefore what each school took as its basis, with the majority taking the Qurn and Sunnah as
foundation, whereas the Hanafis taking the rulings of their founding scholars. Each approach might often, but not
always, reach the same conclusion.
Example: Each school would respond to the following verse in a different manner:
=9# #%& and establish the prayer)
Al Baqarah 2:110 (one of a number of examples)

The Shafis would consider this verse to be a command (as it is in the imperative tense in Arabic) and therefore (as it
is a command) it is obligatory to obey it. The Hanafis acknowledge that the ruling from their scholars is that salh is
compulsory, and understand that therefore their scholars must have come to that ruling as they considered a
command in Arabic to denote obligation.
Texts which seek to join between the two schools include:
Al Bahra al Muht by al Zarkashi, who was a Shafi scholar but discusses both schools approach to each issue.
Irshd al Fuhul by ash Shaukani; in this book the author gives preference to one opinion over the other in each
issue or sets out the authors own opinion contrary to both schools.
Al Waraqt and its Author
The author is Ab Maliy Abd al Malik ibn Abdullh ibn Ysuf Imm al Haramain al Juwayn an Naisapuri (419-477
or 478 AH /1028-1085 CE). His father was one of the main Shafi scholars at that time and held that the person who
fabricated ahadith against the Prophet had left the fold of Islm.
At a young age he travelled to Baghdd at a time when it was a global centre of learning, thereafter staying in
Makkah and Madnah for four years, where he studied and also lead the people in prayer; this is why he was given
the title Imm al Haramain.
The author was one of the major ashari scholars in his aqdah and one of its main promulgators and promoters;
however our approach is one of justice, fairness and academic impartiality and therefore we can take what is
beneficial and correct from his work and whatever we find that is not in accordance with the Qurn and the Sunnah,


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or with the understanding of those whom Allh , has commended and endorsed (i.e. the companions), can be
rejected.
The book has come to be entitled Al Waraqt, the meaning of which is pages ( waraqah); however, the Imm
never gave the work a title himself - this title derives from the Imms statement in the introduction that these are a
few pages on usl al fiqh. It contains only very few questionable points made due to the authors aqdah.
There are a number of explanations, commentaries and other works based on this text, including:
the brief explanation by Jall ad Dn al Mahalli;
the more extensive explanation by Al Qsim al Abdi, based on the explanation of Jall ad Dn al Mahalli; and
the versification by Sharaf ad Dn al Amriti of the text into approximately 200 verses.
The introduction states that the text constitutes a few pages, indicating that the text will be concise. It does not state
the purpose for which the text was written, although some scholars expect it was written to educate people about
extracting rulings from the Qurn and Sunnah.
The Meanings Of base, branch, and understanding
The phrase jurisprudence [ul al-fiqh] is composed of two individual components.
The reference to the mudf/mudf ilayhi grammatical construction is for the benefit of the beginner.
The word base [ al, ul] is a thing upon which another thing is built.
Linguistically, asl is the foundation or basis for anything e.g. roots of a tree, or its origin, cause or reason.
Technically, asl in general means principle or axiom, but has a number of forms of usage in the Shariah:
a synonym for a proof or evidence e.g. a particular hadith on a matter
a basis or position in an issue e.g. the asl for fajr is that it comprises two rakah of salh
a constant principle e.g. all seafood is hall to eat
it is the original ruling upon which one makes qiys e.g. wine as an intoxicant compared with narcotics.
The term usl is therefore a reference to a foundation or base set of principles.
The word branch [ far, fur] is a thing that is built upon another thing.
Linguistically, far means twig, branch, derivative, subdivision, subsidiary. Legally, fur can refer to the branches
of fiqh generally, and far is used to refer to the secondary case whose ruling is established by qiys on an
original ruling. This is set out as matters are best understood through their opposites.
The word fiqh is knowing the legal rulings which are reached through ijtihd.
Linguistically, fiqh means understanding, comprehension, knowledge.
Technically, it means knowledge of the practical rulings (of the Shariah) with its detailed proofs. This applies
primarily to legal rulings rather than linguistic or grammatical rulings, and excludes theological rulings (i.e.
concerning aqdah) as there is no scope for ijtihd or independent reasoning when it comes to beliefs. Many
scholars contend that true fiqh is the understanding of the complicated and detailed aspects of fiqh.

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Categories of Rulings [ hukm, ahkm]
There are seven rulings:
1. Obligatory [wjib]: obligatory is anything for which one is rewarded if performed for the
sake of Allh alone, and punished for if omitted.
The definition of wjib is that which the Shariah has commanded in an unequivocal manner. The author has
instead set out the consequence of a wjib act.
The process by which an action becomes obligatory is known as jb, whereas the act itself is known as wjib.
2. Recommended [mandb]: recommended is anything for which one is rewarded for if
performed for the sake of Allh alone, yet not punished for if omitted.
The definition of mandb is that which the Shariah has commanded in an equivocal manner, so that it is
understood that Allh , does not intend for the action to be compulsory but rather Allh , is encouraging us to
perform that action. The author has instead set out the consequence of a mandb act.
The process by which an action becomes recommended is known as nadb, the linguistic meaning of which is to
invite to an action. There are a number of synonyms used for this term, including sunnah, nafl, mustahab and
tatawwa.
3. Permissible [mub]: permissible is anything for which one is neither rewarded if
performed, nor punished for if omitted.
The definition of mubh is that which is not subject to any command or prohibition, or those matters on which
the Shariah has not given particular instructions. The author has instead given the consequence of a mubh
act.
The process by which an action becomes recommended is known as al ibhah, whereas the act itself is known
as being mubh.
Although some scholars have commented that this is not a formal ruling and therefore does not need to be
included in this categorisation, it is nevertheless important as it provides a clear term for where there is no sharii
ruling on a matter.
4. forbidden [mar]: forbidden is anything for which one is rewarded if omitted for the
sake of Allh alone and punished for if performed.
The definition of muharram is that which Allh , has explicitly prohibited; the author has instead set out the
consequences of a muharram act.
The process by which an action becomes prohibited is known as tahrm, whereas the act itself is known as
harm or muharram, terms which are synonymous with the term mahzr.
If a person refrains from the muharramt due to the sake of Allh he will be rewarded, but if a person refrains
from sin for some external reason (e.g. inability) they will be punished for their attempt or intention.
The proof for this is the hadith of the Prophet : When two Muslims confront one another with their swords, the
slayer and the slain will both be in the Fire. I said, or it was said: O Messenger of Allh (we understand about
the slayer), but what about the slain? He said: He wanted to kill his companion
Bukhri 7083 and Muslim [7252] 14 (2888)
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The slain person omitted to perform a harm act (the killing of his opponent) but was punished rather than being
rewarded for this he was not able to perform the harm act due to external circumstances (being killed by his
opponent first) rather than being omitted for the sake of Allh .
5. offensive [makrh]: offensive is anything for which one is rewarded if omitted for the
sake of Allh alone, yet not punished for if performed.
The definition of makrh is that which the Shariah has prohibited in an equivocal manner, so that one is not
obligated to avoid it but nevertheless is discouraged from such an act. The author has instead given the
consequence of a makrh act.
The process by which an action becomes disliked is known as karhah, whereas the act itself is known as
makrh.


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One is only rewarded if one avoids the makrht for the sake of Allh alone. The commission of mukrh acts
however, leads to the commission of harm acts as one becomes desensitised to and have less respect for the
instructions and guidance of the Prophet .
And let those who oppose the Messenger's Commandment beware, lest some Fitnah befall them or a painful
torment be inflicted on them.)
An Nr 24:63

6. sound [a]: the valid is anything upon which completeness hinges, and [that which]
is of consequence.
This is a ruling applied to an act after it has been completed in accordance with all its pre-conditions and its
arkn (pillars or integral parts) and its wjibt (compulsory aspects). The process of determining something to
be valid is known as as sihah.
7. invalid [bil]: the invalid is anything upon which completeness does not hinge, and is
of no consequence.
This is the ruling applied to an act which has not been completed in accordance with its pre-conditions and its
arkn (pillars or integral parts) and its wjibt (compulsory aspects) e.g. prayer without wud, or the sale of an
item by a person which does not have the right to sell that item. Where this act was performed in order to meet a
particular responsibility, it must be re-performed in the correct manner. The process of determining something to
be invalid is al butln.
The terms set out by the author are not used by the usliyyn (i.e. in the study of usl al fiqh) but are terms adopted
by the fuqaha (i.e. in the study and application of fiqh), as these are terms concerning the substance of the final ruling
itself rather than the process by which the ruling is reached. For example, the faqh is interested as to whether a
particular act is compulsory or not, whereas the usli is interested in how things become compulsory. The inclusion of
these fiqh terms here is merely to assist the beginner rather than confuse them initially with the equivalent technical
terms in usl al fiqh.
Where something has been ordered by Allh , this may be directly through the Qurn or indirectly through the
guidance of the Prophet .
Say (O Muhammad to mankind): If you (really) love Allh then follow me, Allh will love you and forgive you your
sins. And Allh is Oft-Forgiving, Most Merciful. Say (O Muhammad ): Obey Allh and obey the Messenger
(Muhammad ). But if they turn away, then Allh does not like the disbelievers.)
l Imrn 3:31-32

The reward for such actions are contingent upon them being performed purely for the sake of Allh . If the intention
is in fact to perform something for other than the sake of Allh , it would in fact be punishable as a form of major
shirk, minor shirk or riy depending on the circumstances.
These rulings can also be categorised in a number of ways, including:
i. Al ahkm at takhlfiyyah: those rulings where one is subject to a legal responsibility to act upon or refrain from
something.
ii. Al ahkm al wadyyah: those rulings which are signs or indicators that a particular hukm taklifi applies. Forms of
hukm al wad include:
As Sabab: the reason or a cause for the ruling for an act, with the technical definition being that which
necessitates the existence of something else by its own existence, and necessitates the non-existence of
something else by its non-existence.
Examples: the cause of dhuhr becoming compulsory is the movement of the sun beyond the meridian, or
the cause of inheritance is a particular blood relationship.
As Shart: the conditions for the validity of an action, with the technical definition being that which
necessitates by its absence the absence of something else, but which through its presence has no bearing
on the presence of something else. Conditions can either apply to the obligation arising (shart wujb) or
apply to the validity of an action (shart sihah).
Example: in salh facing the qiblah is a condition for its validity and being sane is a condition for its
obligation.
Al Mni: the preventative measure which when in place makes the hukm no longer apply. Technically, its
existence prevents the existence of another, but its non-existence has no bearing on the presence of
something else. These also apply to the obligation arising (mni wujb) or the obligation being valid (mni
sihah).
Example: if a son kills his father, this acts to prevent the son inheriting from his father.
A comprehensive example would be zakh: the sabab or the cause of zakh becoming applicable is that ones
wealth reaches the level of the nisb, the shart is the passing of a year on ones wealth, and the mni is the
existence of a debt.


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Clarifying the meanings of knowledge, suspicion, and doubt etc.
Fiqh is more constrained than knowledge [ilm]. The word ilm [means] knowing
knowledge as it is in reality.
Fiqh is the understanding of Islamic rulings (particularly the complicated and difficult matters) and is specific to a
particular field, whereas ilm can include a number of branches such as grammar, tafsr or secular sciences.
Knowledge is only knowledge if it is accurate and correct.
Ignorance [jahl] is conceptualizing something contrary to what it is in reality.
Jahl is of two types:
i. Jahl bast: simple ignorance i.e. the lack of knowledge about a matter. For example, where a person does
not know what a pen is.
ii. Jahl murakkab: compounded ignorance i.e. mistaken knowledge so that the person is also ignorant of their
mistake. For example, where a person sees a pen but thinks it is a screwdriver.
Compulsory knowledge [al-ilm al-arr] is that which does not depend on pondering
and evidence or investigation or experimentation, whereas acquired knowledge [al-ilm al-
muktasab] depends on pondering and inference.
Ilm al darri is that which is known by itself without the need for further investigation or experimentation. It is
knowledge which is gained through one of the five senses or that which is known through tawtur means (that
which so many people have narrated, it is impossible that they gathered together upon a lie or mistake). It is a
form of knowledge which cannot be denied and is similar to the concept of deductive knowledge.
Ilm al muktasab is that knowledge which is obtained or gathered through investigation, experimentation or
enquiry. It is a form of knowledge which is speculative and is similar to the concept of inductive knowledge.
Pondering [nar] is contemplating the state of the object of contemplation.
Nazr is the process of investigation or experimentation concerning something.
Inference [istidll] is seeking evidence [al-dall].
Evidence [al-dall] is what guides to what is being sought.
One should adopt an evidence-based approach, so that one is lead by the evidence to ones conclusion, rather
than adopting a conclusion and finding evidence to support it.
Probable [ann] is when two matters are possible, with one being more likely [ahar]
than the other.
Zann is where something is more probable than any alternative.
Doubt [shakk] is when two matters are possible, while neither possesses something
distinguishing it over the other.
Shakk is where two matters are equally probable e.g. where one is 50:50 with regards to whether one has
wud or not.

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The Meaning of Jurisprudence
Jurisprudence [ul al-fiqh, lit. the foundations of understanding] is the ways of fiqh, in
abstract, and the manner in which they (evidences) are used to guide.
The Definition of Usl al fiqh
Usl al fiqh is the science by which the following is known:
i. the evidence or dall;
ii. the person extracting the ruling from the evidence (the mujtahid); and
iii. the person who will benefit from the ruling which is extracted from the evidence (the muqallid).

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Clarifying the Topics of Jurisprudence
The topics of jurisprudence are:
1. categories of phrases [aqsm al-kalm]
2. commands and prohibitions [al-amr wa al-nah]
3. general and particular applicability [al-m wa al-kh]
4. ambiguous and clarified [al-mujmal wa al-mubayyan]
5. probable legal significance [al-hir]
6. actions of the Prophet [al-afl]
7. the abrogating and the abrogated [al-nsikh wa al-manskh]
8. scholarly consensus [al-ijm]
9. declaratives and reports regarding the sunnah of the Prophet [al-akhbr]
10. analogical reasoning [al-qiyys]
11. [the default of] prohibition and permissibility [al-ar wa al-iba]
12. the order in which evidence is cited [tartb al-adilla]
13. the attributes of those who give legal verdicts and their petitioners [ift al-muft wa al-mustaft],
14. and rules pertaining to personal reasoning [akm al-mujtahidn].

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Categories of Phrases
The bare minimum from which a phrase can be composed is
1. two nouns (ism), e.g. this is a house < >, where this is a demonstrative noun or ism al ishrah.
2. one noun (ism) and one verb (fil), e.g. Muhammad came < >
3. one verb (fil) and one particle (harf), e.g. he did not stand < > or
4. one noun (ism) and one particle (harf), e.g. O Allh < >
Phrases divide into:
1. orders (amr - seeking that something be done) and prohibitions (an nah - seeking that something be
refrained from),
2. declaratives (khabr - a phrase which could be true or false, verification of which requires some external
evidence or investigation e.g. Khlid travelled), and
3. interrogatives (istikhbr - a question seeking a khabr e.g. Where is Muhammad?).
Phrases also divide into:
1. tamanin (fancy), a statement which comprises of a wish or hope e.g. if only I had some funds for hajj
2. ara (urging, suggesting), gently suggestion e.g. would you not stay with us?
3. and oaths. e.g. I swear by Allh I will perform hajj
This is not exhaustive of the classifications of phrases but the matters above are set out by the author in order to aid
the understanding of the beginner.

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Clarifying the Literal and the Metaphorical
From another perspective, phrases divide into:
1. Literal [al-haqqah]:
i. that whose usage remains according to its original meaning [maw]
Example: the use of lion to refer to the large carnivorous feline mammal with a tawny-coloured coat, tufted
tail and in the male, a heavy mane around the neck and shoulders.
ii. that which is used according to the convention of the audience or speakers.
Example: although the haqqi meaning of salh < > is dua, the Islamic convention is that it refers to
prayer.
Literal phrases are either:
i. linguistic [lughw],
Example: siym literally means abstention, as can be seen from the following verse revealed in relation to
the response of Maryam following the birth of s ~: and if you see any human being, say: 'Verily! I
have vowed a fast (saum) unto the Most Gracious so I shall not speak to any human being this day.)
Maryam 19:26

ii. legal [sharii],
Example: siym according to the shariah refers to fasting and abstaining from that which breaks ones fast
from a specific person during a specific time.
iii. conventional (customary) [urf].
Example: dabb is a word used for any animal which crawls or walks on the earth but according to the
custom of the speakers of Arabic, its meaning has come to mean four-legged livestock. In some areas it
has even taken on the meaning of animals used for transport only.
2. Metaphorical [al-majz]: that which has exceeded its conventional meaning.
Example: I saw a lion fighting on the battlefield; this is a reference to a brave and courageous fighter.
Metaphor is by means of either:
i. Addition [ziydah]: this is the addition of something for a purpose, such as emphasis.
This is like the saying of Allh ,:
9 There is nothing like Him)
Ash Shra 42:11
=W. " ...
The literal meaning of the wording of the verse would be There is nothing like what is identical to him but
this is not what is meant as in reality there is nothing identical to Allh , and whether there is anything
similar to his similitude is of no theological consequence. This verse instead emphasises the denial that it is
possible for there to be any similitude for Allh .
ii. Deletion [naqn]: this is the omission of something, such as a well known or understood aspect.
This is like the saying of Allh ,:
` And ask (the people of) the town)
Ysuf 12:82
)9#
What is understood is that one should not ask the village but its people. Those who dispute majzi
meanings in the Qurn use this as their proof, as the intended meaning is immediately understood from
the verse to the extent that it cannot be said to be metaphorical.




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iii. Transfer [naql]: this is the transfer of meanings from one use to another use.
This is like using the word ghi for what a person excretes.
The original meaning of ghit was a place with low and depressed ground, which was conducive to
defecation as one would not be seen. It then came to be a euphemism for the act defecation itself or for
going to the toilet:
& ...or one of you comes after answering the call of nature...)
Ysuf 12:82
$_ n& 3 $9# ...

Whenever the Prophet came out from the place of answering the call of nature (ghit), he used to
say O Allh! Grant me your forgiveness (Ghufrnaka)
Narrated Aishah in al Khamsa; Ab Htim and al Hkim graded it sahh.

iv. Borrowing [istira]: this is the borrowing of one meaning in place of another.
This is like the saying of Allh ,:
#` Then they found therein a wall wanting to collapse)
Al Kahf 18:77
$ ##` ` & )
Clearly a wall cannot want as it is not a sentient being; the figurative language is meant to convey that the
wall was about to collapse.
The Author does not discuss whether metaphorical interpretations are valid; this is a matter for aqdah; the
correct opinion is that there are metaphors but these cannot be used to change the meanings of words or
support unfounded opinions e.g. about the attributes of Allh ,.
It is He Who has sent down to you (Muhammad ) the Book (this Qurn). In it are Verses that are entirely
clear, they are the foundations of the Book; and others not entirely clear. So as for those in whose hearts there
is a deviation (from the truth) they follow that which is not entirely clear thereof, seeking Al-Fitnah (polytheism
and trials), and seeking for its hidden meanings, but none knows its hidden meanings save Allh. And those
who are firmly grounded in knowledge say: We believe in it; the whole of it are from Our Lord. And none
receive admonition except men of understanding.)
l Imrn 3:7



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1 .
2 .
3 .
4 .
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Amr: Command
A command [ amr, awmir] is using an utterance to demand an action from an
inferior, in a way that conveys obligation.
As the command must be an utterance, this excludes signals and gestures.
If the persons involved are not in a superior/inferior relationship, the utterance is likely to be a request.
There needs to be no external factors which indicate that the utterance is anything other than an obligation.
Other manners in which something may become obligatory include the following words and their derivatives:
i. The use of the word command or order <> (amara)
Verily, Allh commands justice and the doing of good)
An Nahl 16:90

The Prophet said to a visiting delegation: I order you to do four things and I forbid you from four things
1

Bukhri 523
ii. The use of the word prescribe or enjoin <> (farada)
Allh has already ordained (farada) for you (O men), the dissolution of your oaths. And Allh is your
Maula (Lord, or Master, or Protector) and He is the All-Knower, the All-Wise.)
At Tahrm 66:2

The Messenger of Allh prescribed (farada) Zaktul-Fitr as a purification of the fasting person from
senseless and obscene talk, and as food for the poor. Whoever fulfils it before the (Eid) prayer, it will
be an acceptable Zakt, and whoever fulfils it after the prayer, it will be counted as a Sadaqa
(voluntary alms)
Ibn Abbs; Ab Dawd 1609 and Ibn Mjah 1827.

iii. The use of the word obligate <> (wajaba)
iv. The use of the word duty < > (haqqa)
v. The use of the word written <> (kataba)
O you who believe! Observing fasting is written (kutiba) for you as it was written for those before you, that
you may become pious.)
Al Baqarah 2:183
He () said Allh has prescribed (kataba) proficiency in all things, so if you kill, kill well, and if you
slaughter, slaughter well. Let one of you sharpen his blade and spare suffering to the animal he slaughters
Saddd bin Aws; Muslim [5055] 57 (1955)
A threat of punishment is also an indication that an action is an obligation.
The verbal form for conveying commands is ifal (the imperative tense).
Example: =9# #%& and establish the prayer)
Al Baqarah 2:110

When a command is categorical (itlq) and free of contextual circumstances, it is
interpreted to convey obligation unless there is evidence indicating that what is
intended is it being recommended (mandb) or permissibility (mubh).
The evidence for an utterance being recommended or permissible comprises either some equivocation in the
language of the utterance or the context in which the utterance was made.
Example: The Prophet said O you people! Spread the salm, feed (others), and perform salh while the
people are sleeping; you will enter Paradise with (the greeting of) salm
Tirmidh 2485

The utterance and perform salh while the people are sleeping is not taken to be a command as we know from
other sources that there are only five salawt in any day. This utterance is therefore a command of
encouragement rather than a command of obligation.
#) But when you finish the ihrm, then hunt)
Midah 5:2
==m #$$ Example:
Hunting is prohibited for the person in ihrm and this verse appears to command the person who ceases to be
in a state of ihrm to hunt. However, this verse only returns the ruling back to its original position of being
mubh.

1
The four commandments related to the shahda, salh, zakh and al khums (the 1/5
th
of the war booty to be
distributed according to the Shariah). The four prohibitions related to various utensils used in the production of
alcoholic drinks.


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A command does not entail repetition or [performing it] a single time, according to the
sound position, unless there is evidence indicating that repetition is intended.
A command need only be fulfilled once unless there is an indication that it must be repeated:
i. The command may be restricted to once due to an evidence from the Qurn or Sunnah e.g. the verse below
implies one should repeat the Hajj as it is predicated on ability; the implication being that whenever one is able
one must perform Hajj. However, it is the hadith which specifies Hajj as being only required once.
And Hajj to the House (Ka'bah) is a duty that mankind owes to Allh, those who can find a way; and whoever
disbelieves (i.e. denies Hajj), then Allh stands not in need of any of the 'Alamn (mankind and jinns and all that
exists))
Imrn 3:97

The Messenger of Allh addressed us and said, Allh has made obligatory upon you the Hajj (pilgrimage).
Al Aqra bin Hbis then stood up and asked, Is it to be performed annually, O Messenger of Allh? He replied,
If I were to say that it is, it would have become obligatory. However, the Hajj is (to be performed) once (in a
lifetime), and any (Hajj) extra is voluntary
Ibn Abbs; Ahmad, Ab Dawd, an Nasi, Ibn Mjah, Bulgh al Marm (589); its basic meaning is also
reported by Ab Hurayrah in Muslim.
ii. The command may require obedience repeatedly only where certain conditions are met:
if you are in a state of janba, purify yourselves...)
Al

Midah 5:6
Therefore whenever one is in a state of janba one is required to perform ghusl. If one never enters into the
state of janba again, one is never obliged to perform ghusl pursuant to this command (but one would still
perform ghusl for other reasons!)
iii. The command is not subject to any external evidences at all, in which case we assume that it is to be performed
once only.
Repetition is therefore only where external evidence or dall exists or where conditions are specified as per the two
cases above.
Commands do not entail immediacy.
Whether or not the command necessitates immediate implementation is subject to a difference of opinion:
i. A command must be fulfilled immediately; this is the stronger opinion due to the following evidences:
The requirement to hasten in the Qurn
So hasten towards all that is good)
Al Baqarah 2:148

Race one with another in hastening towards forgiveness from your Lord)
Al Hadd 57:21

A person in authority naturally expects tasks to be done immediately e.g. if ones parents send one on an
errand, they may be irritated if it was not done immediately.
When a command has been immediately implemented, one has absolved oneself of the burden of that
command. If one were to delay even though one had an opportunity to carry out that command and then
die upon that position, one may die as a sinful person in that respect.
The default rule should be that one should consider the obligation to be immediate unless there is some
evidence to indicate that it may be delayed.
ii. A command may be delayed; the evidences for this position includes:
Hajj was obligated in 8AH but the Prophet only performed his Hajj in 10AH, showing that it is permissible
to delay the implementation of the command.
However, the scholars mention two possible reasons for this:
The Prophet wanted to avoid the sight of the mushrikn performing hajj, particularly as some of them
would perform tawf in a state of nakedness. This practice was later prohibited for the mushrikn and they
were barred from the masjid al harm.
The jahiliyyah Arabs had a practice of moving the months around the year in order to accommodate their
desires and it is thought that this had occurred in the year 9AH so that the month of hajj was not at its
proper time in the year.
Ali ; was known to have stated to the people that they should perform the Hajj immediately upon becoming
able to do so, as one does not know when one will die.
The command to bring about the existence of the action is a command to perform it and
everything else required in order for it to be completed.



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All pre-requisites to perform a command also become obligatory:
The command to pray obligates one to fulfil the conditions of prayer e.g. to cover ones awrah. In order to cover
ones awrah one is obliged to purchase clothing.
This also applies to the mandb actions:
The recommendation to apply perfume on the day of jumuah is indirectly a recommendation to purchase
perfume, to the extent that Umar ; stated that it would not be extravagance if a person were to spend a third of
their wealth on perfume.
If the command is performed then the person to whom the command was addressed is
released from the charge laid upon him.
If a person fulfils a command according to its requirements in the Shariah, he is absolved of any liability for fulfilling
that command. The reward for fulfilling that command is not secured purely by virtue of fulfilling it, but depends on
how one fulfilled that command and with what intention.
The Messenger of Allh ; said Whoever does not abandon falsehood and action in accordance with it and
foolishness, Allh has no need that he should abandon his food and drink
Ab Hurayrah; Bukhri 1903, Ab Dawd 2382, Bulgh al Marm
(538)

Mandb: Indications that something is recommended
These include:
i. If the Prophet offers encouragement that an act is done.
ii. If the Prophet mentioned a reward for doing that act.
iii. If there is a command but the context negates an obligation.
iv. If the Prophet performed a religious act but there is no indication of obligation.
Makrh: Indications that something is disliked
These include:
i. If the Prophet mentioned a reward if it is left but there is no evidence for its prohibition.
ii. If an act is prohibited but the context indicates that this is not an absolute obligation to avoid that act.
iii. If the Prophet piously avoided a particular action.

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Whom Commands and Prohibitions Include
The ones who enter into the address of God are the believers.
The commands and prohibitions of Islm are addressed to the believers, and they are the ones who are responsible
for fulfilling them.
Those who are absentminded, minors, and insane do not enter into those addressed.
i. Forgetfulness: a person is not held accountable for their forgetfulness with regards to the commands and
prohibitions. For example, a person who forgets an element from the prayer and does not realise it, they are not
accountable for doing so, but once the realisation arises he should rectify the situation.
The Prophet said, If anyone forgets a prayer he should offer that prayer when he remembers it. There is no
expiation except to offer the same
Anas; Bukhari 597, Muslim [1566] 314 (684), Abu Dawd 442
ii. Minors: the author uses the word saby which refers to a child from the birth to the age of weaning, which is
normally two years old. In fact, childhood continues until the age of takhlf or bulgh, which is when they reach
puberty.
The Messenger of Allh said, The pen is lifted from three: from the child until he reaches puberty, from the
sleeping person until he awakes, and from the lunatic until he comes to his senses
Ab Dawd 4402
Children have either reached the age of discernment and are termed mumayyiz, or have not reached that age
and are termed ghair mumayyiz. This is where the child is able to understand and perceive matters and
differentiate between matters (e.g. the difference between a camel and a horse). There are numerous opinions
as to the age of discernment e.g. the age 5 or 7.
The child who is ghair mumayyiz by ijm has no responsibility upon them.
The child who is mumayyiz is subject to a difference of opinion; one opinion states that they are
responsible under the Shariah at this age, whereas the stronger opinion is that such a child is not
responsible until they reach the age of puberty.
iii. Insane: the mentally ill and mentally deficient are not held responsible; they are defined as those who do not
understand matters in the manner that normal people understand them.

The Messenger of Allh said, The pen is lifted from three: from the child until he reaches puberty, from the
sleeping person until he awakes, and from the lunatic until he comes to his senses
Ab Dawd 4402
iv. Sleep: a person is not held accountable if they do not fulfil a command or contravene a prohibition due to sleep.
For example, a person who sleeps through a prayer is not accountable for doing so, but once they awaken they
should rectify the situation. This does not apply where a person intentionally (or recklessly) sleeps in order to
avoid the obligation. Another example is where someone talks in his sleep and says words of kufr or curses.
He () said, There is no negligence in sleep, negligence is only while one is awake. So when one of you
forgets a prayer, or sleeps through it, then let him pray when he remembers it
Ab Qatdah; at Tirmidh 177

The Messenger of Allh said, The pen is lifted from three: from the child until he reaches puberty, from the
sleeping person until he awakes, and from the lunatic until he comes to his senses
Ab Dawd 4402
Non-believers are addressed by the branch issues of the Sacred Law and by that which
they are invalid without Islam because of the statement of God , What led you into the
flame? They will say: Because we were not of those who prayed... (Al Muddaththir
74:42-43).
The kuffr are also responsible for fulfilling those secondary obligations of the Shariah which flow from faith (e.g.
salh, Hajj, zakh etc.) based on the verse above and that such secondary obligations are stated to have been a
cause for their entering into the Fire. However, faith is a pre-requisite for such actions being valid in Islm and such
people are not expected to perform such obligations in this life by the Islamic authorities.
This is a discussion for usl ad dn i.e. the foundations of aqdah.


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The command to perform something is a prohibition from performing its opposite. The
prohibition of performing something is a command to perform its opposite.
A commandment to do something is a prohibition from doing any of its opposites.
Example: O you who believe! When you meet (an enemy) force, take a firm stand against them)
Al Anfl 8:45
In this case this is a command to remain steadfast and an implicit prohibition of turning away and fleeing.
A prohibition from doing something allows you to do any of its opposites.
Example: The Messenger of Allh said: Do not drink in silver or gold utensils, and do not eat in plates (made
from such metals). Indeed such things are for them (the disbelievers) in this world and for you (the believers) in
the Hereafter
Hudhaifa bin al Yamn; Bukhari 5426, Muslim [5400] 5 (2067), and Bulgh al Marm (14).

In this case this is a prohibition of using silver or gold utensils and plates, but one may use them in other ways
(e.g. currency) provided there is no other evidence that is relevant to that use.

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Nahy: Prohibition
A prohibition [ nhiya, nawhin] is using an utterance to invitei.e., requestan action
from an inferior, in a way that conveys obligation to abandon.
Where one is prohibited from doing something in the Qurn and Sunnah, it is obligatory to abide by that prohibition.
As the prohibition must be an utterance, this excludes signals and gestures.
If the persons involved are not in a superior/inferior relationship, the utterance is likely to be a request.
There needs to be no external factors which indicate that the utterance is anything other than a prohibition.
The terms used to convey prohibition include the following words and phrases and their derivatives:
i. The use of the phrase l tafal < > which means do not do.
And do not come near to zina (unlawful sexual intercourse))
Al Isr 17:32

ii. The use of the word harm <> meaning prohibited or forbidden.
Forbidden to you (for marriage) are)
An Nis 4:23

iii. The use of the term nah <> meaning to prohibit.
The Messenger of Allh forbade (nah) fasting on two days, the day of Al-Fitr (breaking the fast of Ramadn)
and the day of Al-Adha (offering sacrifices)
Ab Sad Al-Khudri; Bukhri and Muslim, and Bulgh al Marm (558)

iv. The use of the phrase l yahill < > meaning you are not permitted.
O you who believe! You are forbidden to inherit women against their will)
An Nis 4:19

The verbal phrase for imperatives may be mentioned while what is intended is mere
permissibility, a threat, two things being equal, or spontaneous formation [al-takwn].

.
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Harm: Indications that something is prohibited
These include:
i. The use of the term nahy or prohibition.
ii. The use of the term tahrm or unlawfulness.
iii. A threat or wad in relation to the act.
iv. Labelling an act in a negative manner e.g. sin, corruption, error, disobedience.
v. The indication of a punishment for that act
vi. Equating that act to another whose prohibition is known.
vii. Indicating that such an act will invalidate ones deeds.


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m: General Applicability and Khs: Specific Applicability
General applicability [m umm] is what includes two or more things, from the phrase I
included Zayd and Omar with the gift, and I included men in their entirety with the gift.
Linguistically: m means comprehensiveness, generality, and the inclusion of everything.
Technically: m is used when one is including two or more things, but not when one is including proper nouns or set
numbers.
The phrases (of general applicability) are (at least) four:
1. Nouns made definite using the definite article [alif-lm];
) Verily, man is in loss.)
Al Asr 103:2
}# 9 z Example:
This verse indicates generality as insn or man is preceded by the definite article.
As a general rule, if the noun can be prefaced by kull <> or every instead of the definite article <>, then the
phrase is general. Note if kull prefaces a definite noun it instead means all of rather than every i.e. all of the
house rather than every house.
2. mass nouns made definite by the definite article;
) Verily, to us all cattle are alike)
Al Baqarah 2:70
)69# 7? $= Example:
Definitive collective nouns (e.g. the sheep) are general, as in the example above. A way of distinguishing
collective nouns is that one makes them singular by adding a tmabta on the end, in this case <> or
baqaratun (a cow).
M7= The Romans have been defeated.)
Ar Rm 30:2
`9# Example:
Another way of making a collective noun singular is by adding a y <> at the end, in this case < > or
rumyun (a Roman).
3. ambiguous nouns, like:
who < > with sentient beings,
And whoever does righteous good deeds)
An Nis 4:124
Ms=9# Example:
what with non-sentient beings,
! $ N9# $ {# Example:
To Allh belongs all that is in the heavens and all that is on the earth)
Al Baqarah 2:284
$ `. $ !# $/ f9 Example:
Whatever is with you, will be exhausted, and whatever is with Allh (of good deeds) will remain)
An Nahl 16:96
which with them both (or all),
O V/ =9 & /t:# m& $9 #W69 #& Example:
Then We raised them up (from their sleep), that We might test which of the two parties was best at
calculating the time period that they had tarried.)
Al Kahf 18:12

where with the spatial,
' Then where are you going?)
At Takwir 81:26
7? Example:


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when with the temporal,
L When (will come) the help of Allh?)
Al Baqarah 2:214
` !# Example:
what in interrogatives,
Example: What do you think you are doing?
whatever with consequences and other things,
Example: We will have to deal with whatever happens.
Another example of a general phrase is the term kull <> or every/each
Example: Every soul shall taste death)
Ankabut 29:57

4. and the negative with indefinite nouns.
Example: There is no man in the house
General applicability is an attribute of utterances (nutq), and it is not permissible to claim
general applicability for actions and other things taking their course.
Utterances or nutq are texts from the Qurn and Sunnah (which by implication have been conveyed verbally) and
can be general or specific.
Actions from the Qurn and Sunnah cannot be general e.g. the action of the Prophet in praying in the Kabah
cannot then be generalised to all prayers (whether wjib, sunnah or nafl).
Specific applicability [kh khuss] is the opposite of general applicability.
A text is taken on its general meaning until there is proof that it should be specified.
For example, in the following hadith the companions can be seen understanding zulm in a general sense until the
Prophet made its meaning specific:
When the verse: They who believe and do not mix their belief with injustice)
Al Anm 6:82
was revealed, we said O
Messenger of Allh! Who is there amongst us who has not done wrong to himself? He replied, It is not as you say,
for injustice in the verse They who believe and do not mix their belief with injustice) means shirk. Have you not
heard Luqmans saying to his son O my son, do not associate [anything] with Allh. Indeed, association [with him] is
great injustice)
Luqmn 31:13

Abdullh ibn Masd; Bukhri 3360 and Muslim 124


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o
o
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o
o
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Specific Applicability
Declaring something particular [takh] is excluding part of the sentence (i.e. ruling).
[Phrases for] declaring something particular are divided into connected and disjointed.
Muttasil or connected is where the specification is in the same verse or hadith
Munfasl or disjointed is where the specification is understood on the basis of evidence from different sources.
Connected includes:
1. istithn or exclusion,
2. shart or conditionals, and
3. sifah or qualification using an attribute.
Exclusion [istithn] is removing something (by the preposition illa or any of its sisters) that
otherwise would have been included by the phrase.
Certainly, you shall have no authority over My slaves, except those who follow you of the Ghwn (Mushrikn and
those who go astray, criminals, polytheists, and evil-doers).)
Al Hijr 15:42

Exclusion is valid only with the condition that something remains from that which the
exclusion is being made.
Example: the statement give the boy the money except $10 contains a valid exclusion, unless the sum total of
money is $10, in which case the exclusion no longer makes sense.
One of its conditions is that it be linked to the phrase.
The exclusion is usually made in the same sentence but if it was clear that an exclusion was intended but there was
a short break (e.g. the person had a fit of coughing for a minute) the exclusion would still be valid.
It is permissible to put that which is excluded before that from which it is excluded.
Example: Other than Abdullh, everyone may leave.
Stylistically there are not may examples of this in the Qurn and Sunnah, if at all.
It is permissible to exclude from the [same] category [jins] and other things.
Example: I owe this man a thousand gold coins except a garment.
In this example, the person who owes such sums could subtract the cost of the garment and hand over the balance.
However, not all agree that this is possible, such as the Hanbali madhab and Imm al Hiraqi in his Mukhtaser. The
correct opinion is that this cannot be done unless it is stipulated in advance.
This type of syntax is adopted by the Qurn on occasion, as in the following example the salm cannot be
considered to be vain speech:
No vain speech will they hear therein, nor any sinful speech. But only the saying of: Salm!, Salm! (greetings with
peace)!)
Al Wqiah 56:25-26

Conditionals are permitted to precede (or come after) that which is stipulated by it.
Example of where the condition precedes that which is stipulated:
And if they are pregnant, then spend on them till they lay down their burden)
At Talq 65:6

Example of where the condition comes after (and also where the condition comes before):
In that which your wives leave, your share is a half if they have no child; but if they leave a child, you get a fourth of
that which they leave after payment of legacies that they may have bequeathed or debts)
An Nis 4:12



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1 .
2 .

1 .
2 .
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4 . .
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Mutlaq (unqualified) and Muqayyid (qualified)
A ruling can be qualified by a particular attribute:
Example: The Messenger of Allh said: If somebody sells pollinated date-palms, the fruits will be for the seller
unless the buyer stipulates that they be for himself (and the seller agrees)
Bukhri 2204 and Muslim [3901] 77 (1534)
2

In this example the date palms are qualified by the act of pollination, therefore in a case where the date palms are not
so qualified, the ruling in the hadith above does not apply and we take the mutlaq or unqualified meaning that the
date-palms now belong to the buyer in totality.
[When] something is qualified by an attribute, the unqualified is interpreted as qualified,
such as a slave girl qualified by belief in some places and left unqualified in othersthus
the categorical is interpreted as conforming with the qualified.
i. Where something is qualified in one text by a particular attribute, other references to that thing may be
interpreted as being qualified by that same attribute i.e. we should carry the Mutlaq onto the Muqayyid if it is the
same ruling.
Example: the Qurn states that the expiation for accidental killing is to free a believing slave, whereas in a case
of dhihr (a jahiliy practice where someone tells his wife that she his like his mothers back) the Qurn states
that the expiation is to free a slave.
It is not for a believer kill a believer except (that it be) by mistake; and whosoever kills a believer by mistake (it
is ordained that) he must set free a believing slave and a compensation (blood money i.e. diya) be given to the
deceased's family unless they remit it )
An Nis 4:92

And those who make unlawful to them (their wives) by Dhihr and wish to free themselves from what they
uttered, (the penalty) in that case is the freeing of a slave before they touch each other. That is an admonition to
you (so that you may not repeat such an ill thing). And Allh is All-Aware of what you do.)
Al Mujdilah 58:3

In the latter case, the freeing of a slave is interpreted as being a reference to a believing slave as both are
essentially the same ruling.
ii. If it is a different ruling, one does not carry the Mutlaq upon the Muqayyid; a different ruling may be interpreted
by external evidences which specify whether the Mutlaq should be carried upon the Muqayyid.
Example: the verse on wud refers to rubbing ones hands but qualifies the meaning by stating that this rubbing
is up to ones elbows (as linguistically hands refers to ones hand and arm up to the shoulder), whereas the
verse on tayammum merely refers to the hands and is therefore unqualified.
O you who believe! When you intend to offer the prayer, wash your faces and your hands (forearms) up to (and
including) the elbows, rub (by passing wet hands over) your heads, and (wash) your feet up to (and including)
the ankles)
Midah 5:6
and you find no water, perform tayammum with clean earth and rub therewith your faces and hands)
an Nis 4:43
In this case, the unqualified reference to hands in the latter verse is not qualified in the same way as the
reference to the hands in the former verse. This is because we know from the ahadith that the Prophet did not
rub his hands up to the elbows when performing tayammum.

.

2
The Shaykh reverses the wording in his explanation, may Allh make us benefit from his knowledge.


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What Can Be Rendered Specific and By What
These are munfasl forms of takss i.e. disjointed specification.
It is permissible for:
1. the Qurn to be rendered specific by the Qurn,
And divorced women shall wait (as regards their marriage) for three menstrual periods)
Al Baqarah 2:228

O you who believe! When you marry believing women, and then divorce them before you have sexual
intercourse with them, no Iddah [divorce prescribed period] have you to count in respect of them)
Al Ahzb 33:49

The former verse is general i.e. it includes all women including those who have consummated their marriage
and those who havent. However, in the latter verse, the women who have not consummated their marriage are
specified as being excluded from the ruling.
2. the Qurn to be rendered specific by the Sunnah,
After setting out the prohibited degrees for marriage, Allh , states:
...All others are lawful, provided you seek (them in marriage) with Mahr (a dowry))
An Nis 4:24

However, the Prophet specified the general rule found in the Qurn by stating that a woman is not to be
married with her paternal aunt nor her maternal aunt
Bukhri 5108 and Muslim [3436] 33 (1408).
3. the Sunnah to be rendered specific by the Qurn.
The Messenger of Allh said: I have been commanded to fight the people until they say L ilha illallh (none
is worthy or worship except Allh)
Bukhri 392, and also Muslim [124] 32 (20)
until they pay the Jizyah with willing submission, and feel themselves subdued.)
At Tawbah 9:29
The hadith on its own would indicate that it was the duty of all Muslims to fight the disbelievers until there are no
more disbelievers; however, the Qurn in this instance specifies that although in general Muslims should fight
the disbelievers until they accept Islm, hostilities can also end if they elect to join the Islamic state and pay the
Jizyah.
4. the Sunnah to be rendered specific by the Sunnah;
The Prophet said: A tenth is payable on what is watered by rain or springs or by underground water, and a
twentieth on what is watered by irrigation [through human efforts]
Slim bin Abdullh on the authority of his father; Bukhri, and Bulgh al
Marm (495a)

The Messenger of Allh said: No sadaqa (Zakt) is payable on less than five awsq
3
of dates or grains
Ab Sa
d; Muslim, and Bulgh al Marm (494b)

The requirement to pay zakh on ones agricultural produce at the rate of either 10% if reliant on rain water or
5% if reliant on irrigation in the former hadith is specified by the latter ahadith which sets a de minimis level for
agricultural products.
5. and utterances to be rendered specific by analogical reasoning (qiys). By utterances
we mean utterances from God , and the Messenger .
The fornicatress and the fornicator, flog each of them with a hundred stripes)
An Nr 24:2

and after they have been taken in wedlock, if they commit illegal sexual intercourse, their punishment is half
that for free (unmarried) women)
An Nis 4:25

The first verse establishes that the punishment for unmarried persons, whether male or female is 100 lashes,
whereas the latter verse specifies that the punishment for the female slave is half i.e. 50 lashes. The qiys
involves stating that the punishment for the male slave is also 50 lashes rather than the full 100 lashes, due to
the similarity between the female and male slave.




3
There are various opinions on the weight of a single wasq (which is thought to be the equivalent of 60 s) but calculations
on the value of five awsq range from 652.8 to 675 kilograms.


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1 .
2 .
3 .
4 .
5 . .


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Significance & Indication

Ambiguity & Clarification
Ambiguity [mujmal] is that which is in need of clarification.
Mujmal
i. The definition of mujml according to the Salaf is that which is not sufficient to be acted upon alone i.e. without
further elucidation.
Example: And they were not commanded but that they should worship Allh (alone) making the religion
sincerely for him, and to perform prayer, and to give zakh and that is the right religion.
Bayyinah 98:5
On the basis of the above verse alone, one would not know exactly how to perform prayer nor pay zakh.
ii. The definition of mujml according to the usliyn is that which has two or more possible meanings, where we
have no evidence to indicate which meaning is the correct, preferred or intended meaning.
M)=9# `/I '/ W=O `% Example:
And divorced women shall wait (as regards their marriage) for three qur)
Al Baqarah 2:228

The term qur ( qur) refers either to the menstrual period or to the period of cleanliness between menstrual
periods. As the term can have either meaning and one meaning cannot be deemed to have preference over the
other, this term falls within the mujmal or ambiguous. It is not to be acted upon until clarified through further
evidence, which in this instance indicate that it is the menstrual period itself that is intended.
iii. The causes of ijml in the Qurn and Sunnah include:
Where there are two or more meanings of a word or phrase and no external evidence is available at
present to indicate which is correct.
There is a lack of understanding with regards to how any obligation or ruling is due to be performed.
There is no indication in a text with regards to the quantity e.g. number of circuits in tawf.
iv. The ruling on those evidences which are mujmal to the person considering them is that such evidences are in a
state of suspension until clarification has been achieved by that person i.e. it is not acted upon nor disregarded.
v. Ijml applies to both the Qurn and the Sunnah
vi. An evidence may be mujmal in one respect but mubayyan from another aspect.
Example: and give its due right on the day of its harvest
From this hadith it is mubayyan that there is an obligation to give something, but it is mujmal in terms of amount.
Clarification [al-bayn] is taking something from the realm of ambiguity into the realm of
being evident.
Mubayyn
That which is clarified is the mubayyan and that which clarifies is the mubayyin.
The unequivocal [na] is that which can not be interpreted except as having one single
meaning; or: whose interpretation is [just] as it was revealed. It is derived from minaat
al-urs, which is the platform (of the bride) (i.e. when she sits on that platform everyone knows her).
Nass
i. The definition of nass is that text from the Qurn and Sunnah which has only one meaning.
Example: Whosoever performs the Umrah in the months of Hajj, before (performing) the Hajj, (i.e. Hajj-at-
Tamattu and Al-Qirn), he must slaughter a Hady such as he can afford, but if he cannot afford it, he should
observe Saum (fasts) three days during the Hajj and seven days after his return (to his home), making ten days
in all...)
Al Baqarah 2:196

This verse relates to the person performing hajj but who is not able to afford the sacrifice, in which case they are
ordered to fast three days during hajj and seven days when they return home, making ten days in all. This is
clear and unequivocal.
ii. The ruling of the nass is that it must be acted upon, unless it transpires that this text had been abrogated.


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: .




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Probabilistic Legal Significance & Interpreted
Probable legal significance [al-dhhir] is that which can be interpreted in two ways, where
one [interpretation] is more preponderant than the other.
Dhhir: The Apparent Meaning
There are two definitions of dhhir
i. It is what is understood from a word according to its original usage even though it is possible for it to have other
meanings.
ii. It is whatever has two or meanings, one being more obvious or probable than the others.
Example: I saw a lion on the battlefield
In this case it is possible that one saw a lion being an animal, but the more probable meaning is that one saw a
brave person based on evidence.
Probable legal significance [dhhir] is given [figurative] interpretation if there is evidence.
It is called probable through evidence [dhhiran bi-l-dall].
Muawal: Interpreted
i. The muawal is the product of tawl, which is defined in two manners by the salaf:
According to the salaf, the first meaning is the outcome of something or product of something.
$% M/' # `'? ' Example: `6%
and He said: "O My father! This is the interpretation of my dream aforetime!...)
Ysuf 12:100

Ysuf ~ made this statement after his brothers prostrated in front of him after recognising him i.e. it was
the outcome of his dream from before.
According to the salaf, the second meaning is the interpretation or explanation of something.
ii. According to the later scholars, tawl means to change the obvious meaning of a word to another less obvious
meaning of that word on the basis of evidence.
Tawl can be based on valid evidence:
#) when you stand to pray)
Al Midah 5:6
`F% <) =9# Example:
The literal meaning would be that the verse (which sets out the obligation to perform wud before prayer)
applies only when one gets up to pray (i.e. from a sitting or reclining position) but in fact it applies to
whenever one intends to pray as is known from other ahadith and from the context.
Tawl based on invalid evidence, which can be performed either because the person sincerely considers
the evidence to be valid when it is in fact invalid, or where the person has a more sinister intention:
Example: The Messenger of Allh said Whichever woman marries without the permission of her wal
(guardian) her marriage is invalid, her marriage is invalid, her marriage is invalid
Tirmidh 1102

The reference to a woman in this verse has been interpreted to mean a woman who has not yet reached
the age of takhlf (i.e. the pre-pubert girl) but this is an interpretation is based on invalid evidence.
Tawl based on no evidence whatsoever:
) Verily, Allh commands you that you slaughter a cow.)
Al Baqarah 2:67
!# .'' & #t2? )/ Example:
The Shia claim that this cow was really Aishah radiallahu anh, which is a baseless falsehood.
iii. The conditions for valid tawl are as follows:
There must be a linguistic basis for that interpretation:
# they have forgotten Allh, so He has forgotten them)
At Tawbah 9:67
!# Example:
The word nasiya can linguistically mean forget but it can also mean to ignore or turn away from. This
verse is therefore not interpreted according to its obvious meaning as other verses of the Qurn
emphasise that Allh does not forget and that he is free from that deficiency, and it is confirmed as
meaning that Allh ignores or turns away from the people referred to in the verse, being the hypocrites.


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30
There must be a valid proof for adopting another interpretation:
#* N&% #)9# G`$ !$/ 9# _9# Example:
So when you have read the Qurn, seek refuge with Allh from Shaitn (Satan), the outcast (the cursed
one).)
An Nahl 16:98

The literal meaning of this verse is that one should make istidhah or seeks refuge in Allh from accursed
shaytn after one has finished ones recitation. However, it is authentically reported that the Prophet
would recite the istidhah before commencing his recitation.
There must be something that necessitates the exercise of tawwl.
The example is as above, which would have otherwise lead to a contradiction between the Qurn and the
action of the Prophet . In order to avoid such conflict, it is necessary to resort to tawl.
There must be conditions to limit tawl as otherwise one will find that those with sinister intentions will try to
distort the pristine message of Islm.


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Actions (and Tacit Approval)
Obeying the Prophet
The actions of the Prophet are a legal evidence in the Shariah due to the verses quoted below and many others
4
.
O you who believe! Obey Allh, and obey the Messenger () and render not your deeds in vain.)
Muhammad 47:33

There are four preliminary points regarding the actions of the Prophet
i. It is compulsory to obey the Prophet .
ii. The Prophets actions or statements indicate the ruling on particular matters. For example, the Qurn
appears to require a person to take two witnesses whenever entering into a commercial contract (2:286), but
this was not always the practice of the Prophet which indicates that the verse in the Qurn should be
understood as a recommendation rather than as an obligation.
iii. There is a difference of opinion on what matters have been made specific to the Prophet and which ones
have not, e.g. the Prophet did not pray the janaza prayer for those who had committed suicide or stole from
the booty before its distribution. The general rule is that the Prophet is to be followed in everything that he
does unless there is evidence to suggest that it is specific to him.
iv. Following the Prophet is in general to do whatever he did for the sole reason that he did it.
This however has its limits as explained below. Misunderstandings on this topic are common, for example,
tahnk (the action of chewing a date and placing it in the mouth of a newborn) is specific to the Prophet in the
sense that he was mubarak and that it was permissible to make tabarruk through him or his clothing, sweat,
saliva etc. However, pious people other than the Prophet are not mubarak in the same manner, therefore the
analogy does not fit as there is a difference between the primary and secondary persons in terms of the illa or
reason behind the ruling.
The actions of the Legislator (the shib as shariah i.e. the Prophet ) are either in the manner
[wajh] of being acts of worship and obedience, or not.
If no evidence indicates this (i.e. that it is restricted to him ), then the action is not restricted to
him, because God , said, In the messenger of Allh you have a good example for him who
hopes in Allah and the Last Day, and remembers Allah much, (Al Ahzb 33:21).
[The action] is interpreted as being obligatory according to some of our [Shfi]
colleagues. Some of our colleagues opined that one must withhold judgment.
If the action is not in the manner of worship and obedience, then it is interpreted as being
merely permissible.
When there is evidence indicating it being particular to him , then it is interpreted as
being restricted [to him].
The actions of the Prophet (where not accompanied or explained by his statements) can be classified as follows:
i. The Prophets appearance and his natural actions and inclinations e.g. his way of walking, standing, sleeping
or eating. Following the Prophet in these matters is mubah but if one does do these acts with the intention of
following the Prophet one is rewarded for that intention. For example, if someone ate with three fingers
because this was his preferred manner of eating this would not be rewarded, but if he did so in order to emulate
the Prophet it becomes rewardable. These acts are not acts of worship per se but are known as qurba or
means of nearness to Allh through the intention to emulate the Messenger .
ii. The Prophets specific matters are exclusive to him, for example the Prophet married more than 4 women
at one time. It is harm for us to follow the Prophet in these actions.
iii. The Prophets actions which are meant to be an example to us and explain a ruling to us. These are acts of
worship and take on the ruling of the matter being explained unless there is evidence to suggest otherwise.
For example, Hajj is a duty owed to Allh : And Hajj to the House (Ka'bah) is a duty that mankind owes to
Allh, those who can find a way)
Imrn 3:97.
Therefore everything the Prophet did on Hajj is compulsory unless
there is an indication that it is not so compulsory.
These principles do not apply to actions which are already fully explained by statements, for example if the Prophet
ate with his right hand this might indicate that it is better to eat with ones right hand but not prohibited to eat with
ones left hand, however, the ruling has in fact been clarified by the Prophet through his statements that one must
eat with ones right hand.

4
See 3:182, 4:13-14, 4:42, 4:59, 4:80, 4:115, 8:12-13, 8:20, 9:71, 24:54, 24:56, 33:36, 48:10, 58:9, and 72:23.


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The tacit approval [iqrr] of the Legislator of a statement is the statement of the
Legislator , and his endorsement on an action is just as his action.
Taqrr: Tacit Approval
Whatever practice was done with the knowledge of the Prophet , and the Prophet did not disapprove of it, it is as
if the Prophet has approved of it. This is because the Prophet was under an obligation to clarify matters to the
people.
Example: We used to pray two rakah after sunset and the Prophet used to see us, but he neither commanded us
nor forbade us
Anas; Muslim, and also Bulgh al Marm (286c)
There are therefore two conditions:
i. The Prophet new about the practice due to:
the practice being in front of him e.g. the consumption of the dabb by Khalid bin Wald ;;
the practice was done in his absence e.g. the act of ghla, which is the act of intercourse with the
breastfeeding woman; or
the practice was so widespread among the companions that the Prophet would have known about it e.g.
azl or coitus interruptus.
ii. The practice must be the action of the Muslims and not the kuffr.
Tark: Abandonment of an action by the Prophet
Where the Prophet did not do something:
i. If it is explicitly mentioned and narrated by the companions that the Prophet did not do something, then it is
sunnah not to do it and bidah to do it.
Example: The Prophet offered the Eid prayer without an adhn or an iqma
Ibn Abbs; Ab Dawd, and also Bulgh al Marm
(392) with its basic meaning in Bukhri
The Prophet never had the adhn or iqma be given for the Eid prayer therefore to do so now is a bidah.
ii. If it is not reported from the Prophet at all and no comment is made by the companions, then one assess
whether the reasons or need for the action existed at the time of the Prophet and whether there was anything
preventing him from performing it.
If the Prophet did not do something, and the reasons or need for that existed at his time and nothing
prevented the Prophet from doing it, it is likewise sunnah for us to not do it and a bidah if we were to do it.
Example: the practice of mentioning a verbal intention before prayer was never reported from the Prophet , the
reasons for doing it existed at his time, and nothing prevented him from so teaching the companions, therefore it
is sunnah not to do it and a bidah to do so.

: .
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) : (
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Naskh: Abrogation
The meaning of abrogation [naskh] is to efface; one says, the sun effaced the shadow
when it removes it. Or, it means to transfer, from the saying, I transferred what was in
the book when he transfers it in the manner in which it was written.
Definition of Abrogation
Linguistically naskh or abrogation refers to effacing and also transcribing something.
Legally, it is the suspension or replacement of one sharii or legal ruling by another sharii or legal ruling, provided
that the latter is of subsequent origin.
According to the salf, the term naskh meant more than just abrogation but also meant explanation. Therefore if
takhss was made of one evidence by another (i.e. one was specified by the other) this was also termed naskh. The
commonality between naskh and taskhss is that both include the disapplication of the ruling. The benefit of this is
that in early books one may see takhss referred to as manskh.
That which abrogates is the nsikh (i.e. the active participle) and that which is abrogated is the manskh (i.e. the
passive participle). The nsikh is therefore the new ruling and the manskh is the previous ruling.
The effect of naskh in its wider meaning includes:
The replacement of one ruling by a contradictory ruling
The replacement of one ruling by a compatible ruling
There are two sharii ruling simultaneously depending on the circumstances e.g. if a person passes away, there
is no abrogation of the ruling as such it merely transfers to a new ruling based on the persons death.
If we do not know which one came first, then it is not possible to verify that naskh has taken place.
Conditions for naskh:
i. There must be two sharii rulings, with the latter ruling replacing the former ruling.
ii. The nsikh must be from the Qurn and Sunnah, as only Allh , and his Messenger have the authority to
abrogate a ruling. If there is ijm that abrogation has occurred, the fact that there is ijm does not constitute the
evidence itself, but is merely an indication that there was an underlying evidence from the Qurn and Sunnah.
iii. The nsikh must come after the manskh. There are a number of ways of checking the sequence of rulings:
The statement or action of the Prophet himself e.g. I had forbidden you to visit the graves, but you may
now visit them
Buraida bin Husabi Al-Aslami; Muslim [2260] 106 (977).

The statement of the companion indicating that abrogation had taken place e.g. Aishah stated that the
ruling of radah had initially been 10 sucklings to establish a mahram relationship, whereas the later ruling
was that it would only take 5 sucklings.
Ijm that one ruling predated the other ruling.
The principle that the niama or blessings of Allh only increase and therefore the ruling which indicates
a higher reward is likely to be later than the ruling that indicates a lower reward e.g. the ahadith concerning
whether prayer in congregation is rewarded 25 times or 27 times the prayer prayed individually.
iv. It is not possible to act upon or join both rulings i.e. if they can be reconciled both would continue to apply.
v. The manskh must be a legal ruling rather than a statement. This is because facts cannot be abrogated, but the
hukm or ruling of Allh is part of his authority. It is for this reason that aspects of aqdah cannot be abrogated.
An issue is whether the nsikh must be stronger in strength than the manskh.
The wisdom behind naskh has been considered by the scholars who have stated that the wisdom for naskh includes
the following:
It is a mercy from Allh ,, which is apparent when Allh abrogates a difficult ruling and replacing it with an
easier ruling.
Example: the Qurn alleviated the burden on the Islamic army by abrogating the ruling that they must fight if
they are only outnumbered 10:1, so that the new ruling was that they must fight if they are now only
outnumbered 2:1.
O Prophet (Muhammad )! Urge the believers to fight. If there are twenty steadfast persons amongst you, they
will overcome two hundred, and if there be a hundred steadfast persons they will overcome a thousand of those
who disbelieve, because they (the disbelievers) are people who do not understand.)
Al Anfl 8:65

Now Allh has lightened your (task), for He knows that there is weakness in you. So if there are of you a
hundred steadfast persons, they shall overcome two hundred, and if there are a thousand of you, they shall
overcome two thousand with the Leave of Allh. And Allh is with As-Sbirn (the patient).)
Al Anfl 8:66



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There is an increase in reward.
Example: if the ruling has been removed from the Qurn but the wording remains, one is still rewarded for
reciting it.
As a test to determine who is strong in faith and obedient.
Example: the abrogation of praying towards Bait al Maqdis in favour of praying towards the Kabah. Those
companions who were informed of this as they were praying in congregation exemplified this spirit as they
immediately turned their direction of prayer whilst in prayer.
Whenever one ponders over the wisdom of the Shariah as one is encouraged to do, one must recognise that one is
not able to know or fully appreciate that wisdom, as it is ultimately something which only Allh could confirm.
Its definition is an address indicating the subsequent removal of a ruling established by a
previous address, in such a way that without which the ruling would remain established.

: : :
.
: .
Divisions of Abrogation

Focus & Locus
It is possible for:
1. the writing to be abrogated while the ruling remains,
Example: the ruling on adultery by any married man or married woman is stoning; this had been the subject of a
verse in the Qurn but the ruling remained but the wording of the verse abrogated during the time of the
Prophet , as stated by Umar ;
Bukhri 6829 and Muslim [4418] 15 (1691).

2. the ruling to be abrogated while the writing remains,
This is the most common form of naskh.
Example: the abrogation of the requirement to fight if one is only outnumbered 10:1 for a new ruling whereby
one is obliged to fight if one is only outnumbered 2:1, as per the verses above.
3. both [writing and ruling] to be abrogated.
Example: the statement from Aishah that the Qurn had initially stated that 10 sucklings were required to
create a mahram relationship; the wording of this verse was removed during the time of the Prophet and the
ruling was abrogated so that only 5 sucklings would create a mahram relationship.


1 .
2 .
3 . [both at once]


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Abrogation is divided into that which has a replacement, and that which does not.
The most common form of naskh is where there is a replacement and a minority of scholars state that this is the only
form of naskh on the basis of the following verse:
$ # & $ N' 2 $] & $=W 9& =? & !# ? . ` '%
Whatever a Verse (revelation) do We abrogate or cause to be forgotten, We bring a better one or similar to it. Know
you not that Allh is Able to do all things?)
Al Baqarah 2:106

However, there are examples in the Qurn and Sunnah where something has been abrogated without a
replacement.
Example: at one point one had to give charity before speaking to the Prophet in private, but this was later
abrogated.
O you who believe! When you (want to) consult the Messenger (Muhammad ) in private, spend something in
charity before your private consultation. That will be better and purer for you. But if you find not (the means for it),
then verily, Allh is Oft-Forgiving, Most Merciful.)
Al Mujdilah 58:12

Are you afraid of spending in charity before your private consultation (with him)? If then you do it not, and Allh has
forgiven you, then (at least) perform salh and give zakh and obey Allh. And Allh is All-Aware of what you do.)
Al
Mujdilah 58:13

[Abrogation with a replacement is divided into] stricture, and leniency.
The new ruling arising through abrogation can either be stricter or more lenient, or equal.

.
Relative Strength of Nsikh and Manskh
This has been subject to much debate among the scholars. It was the view of Imm Shafii that the Sunnah is an
explanation of the Qurn and on that basis cannot then abrogate the Qurn.
If this is based on the view that the Qurn is of a higher strength than the Sunnah, as it is mutawatta in
transmission, this is also the case for parts of the Sunnah.
If one considers the Qurn to be the highest source of evidence over and above the Sunnah, one should
remember that the source of both is the same and that both are forms of revelation.
It is possible by ijm for:
1. the Qurn to abrogate the Qurn,
2. the Qurn to abrogate the Sunnah,
3. and the Sunnah to abrogate the Sunnah.
It is possible for mass-transmitted reports [mutawtir] to abrogate mass-transmitted
reports; and for solitary reports and mass-transmitted reports to abrogate solitary reports
[d]. However, it is not possible for solitary reports to abrogate mass-transmitted
reports.
Can the Sunnah abrogate the Qurn?
The authors opinion is that of the majority i.e. the Sunnah can only abrogate the Qurn if it is narrated in mutawatta
form, and that ahad ahadith cannot form the basis for abrogation.
The stronger opinion is that if the ahad ahadith is firmly established as being authentic, it can also abrogate that
which is mutawatta.
In part this is based on the view that normally one is abrogating the ruling rather than the wording and that fiqh is not
based on absolutes but on the most probable conclusion. If the wording as well as ruling was being abrogated, the
level of proof would clearly need to be much higher.


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1 .
2 .
3 . .
.


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Conflict of Evidence
There is no such a thing as contradiction in the Qurn and Sunnah; the contradiction is only in the mind of the
mujtahid or person analysing the evidence. If they have understood the evidences fully, the conflict would no longer
be apparent.
i. Jam: reconciliation of the two reports so that both can be affirmed and acted upon.
ii. Naskh: if one is positively established and meets the conditions for naskh, it abrogates the other.
iii. Tarjih: superiority is sought between the evidences, based on their authenticity and many other principles.
iv. Tawaqquf: neither is confirmed or denied but one desists from further comment until further evidence becomes
available.
When two utterances (i.e. texts from the Qurn or Sunnah) conflict, it is inescapable that they are
either:
1. both of general applicability,
2. both of specific applicability,
3. one of them is universal and the other specific, or
4. each one of them is universal from one perspective and specific from another.
If they are both of universal applicability and it is possible to combine [yajma] them, they
are combined.
Example: the following ahadith appear to conflict with regards to whether one should make use of the ihb or skin of
an animal which died as carrion (as opposed to having been slaughtered for the sake of Allh):
The Messenger of Allh said: When the ihb (animal hide) is tanned it becomes purified
Ibn Abbs; Muslim [812] 105 (366)
Do not make use of the ihb (skins) or sinews of dead animals
Abdullh bin Ukaim from the Prophet

; Ab Dawd 4127

The reconciliation is to state that one may make use of the ihb when it is tanned, but one may not make use of the
ihb if it is untanned.
If it is not possible to combine them, then one must withhold judgment if their history is
not known.
This is the practice of tawaqquf. This is only a temporary measure as there is an answer within the Shariah; if one
scholar cannot find the answer, there will always be a multitude of other scholars with the answer.
If their historical order is known, the previous is abrogated by the subsequent.
It is the same if they are both of specific applicability i.e. the previous is abrogated by the
subsequent.
Some of the scholars consider prohibition preponderant out of caution, while some
consider lawfulness preponderant since the default [ruling] within wedlock is lawfulness.
If one of the two texts is of general applicability and the other is of specific applicability,
the general applicability [of one text] is restricted by the specific applicability [of the other
text] i.e. takhss.


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Example: the iddah of the widow is set at four months and ten days (2:234) but the iddah of the pregnant woman is
set at the duration of her pregnancy. The iddah of the widow is thought to be general and that of the pregnant
woman specific, therefore if a pregnant woman gives birth the day after becoming widowed, her iddah period is only
up to that point.
If each one of the two texts is of general applicability from one aspect and of specific
applicability from another, then the general applicability of each one is restricted by the
specific applicability of the other.

:
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2 .
3 .
4 . .



.

.


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Ijm: Scholarly Consensus
Scholarly consensus [ijm] is [when] the scholars of an epoch agree upon. By scholars
we mean the jurists [fuqah]. By new issue we mean a new legal issue.
Definition of Ijm
Linguistically ijm means resolution and also agreement.
Legally, the definition of ijm is the agreement of the Mujtahidn of the ummah of the Prophet Muhammad of a
particular era or generation on a particular issue.
Agreement: this is unanimous agreement with no conflicting or opposing views. The extent to which silence from
a particular Mujtahid or group of Mujtahidn when an opinion has been expressed can be taken to be agreement
is discussed below.
Mujtahidn: the agreement must be among the Mujtahidn of the fuqah i.e. those scholars of Islamic law who
are capable of going back to the evidences and independently deriving rulings. The opinion of a Mujtahid in
other sciences, such Arabic language, is not relevant for the purposes of establishing whether there is ijm in a
matter of fiqh but will be relevant for establishing ijm within their own subject matter. It is evident that there
may be ijm in other Islamic sciences also, such as usl al fiqh, mustalah al hadith, nahw, sarf.
Islm: the Mujtahidn who are relevant for the purposes of assessing whether there is an ijm must be from the
ummah of the Prophet . It is evident that among the orientalists there are certain non-muslims whose
knowledge of fiqh might otherwise qualify them to be scholars of Islm were it not for their disbelief.
Era: the agreement must be evident at a particular time or generation; once there is such agreement then the
ijm is established from that point onwards.
Specific issue: this must be a fiqh issue.
Types of Ijm
There are three types:
i. Ijm as Sariah or explicit ijm: where everyone expresses their agreement.
ii. Ijm as Sukti or tacit ijm: where one or more people express their view and none of the others object.
iii. Conduct ijm: where everyone is doing a particular action without criticism.
If a scholar expresses an opinion and there is no criticism, refutation, expression of a contrary opinion or any
reservation whatsoever, this can constitute a valid ijm. This is provided that such lack of consent is not due to some
extraneous obstacle such as political repression. This type of ijm is only accepted when it is known that the other
Mujtahidn had the opportunity to hear the view expressed and were free to object without criticism.
Status of Ijm as a Source of Law
Ijm is a valid source of law in the Shariah:
And whoever contradicts and opposes the Messenger (Muhammad ) 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 Nis 4:115

Imm Shafi stated that this verse refers to the ijm of the believers and that to follow other than that ijm of the
believers is a cause for entering the Fire and therefore it is obligatory to follow that ijm.
There will not cease to be a group from my Ummah victorious upon the truth, not being harmed by those who
oppose them, until the command of Allh comes, and they are like that (i.e. victorious)
Narrated Thawbn in

Muslim [4950] 170
(1920), Ibn Mjah 3952.
This hadith implies that where the ummah becomes a single group on a particular issue, they must therefore be upon
the truth.
Indeed Allh will not gather my - or Muhammads - ummah upon deviation, and Allhs Hand is over the jamah,
and whoever deviates, he deviates to the Fire
Narrated

Ibn Umar; Tirmidh 2167

This hadith is a clear evidence for the validity for ijm as Allh will protect the ummah from agreeing on deviation.
My nation will not unite on misguidance
Narrated Anas bin Mlik; Ibn Mjah 3950

The authenticity of this hadith has been disputed, but the majority consider its various confirmatory reports or asnd
raise its grading to that of hasan li ghayrihi i.e. where the multiple confirmatory reports reinforce one another. Some
scholars have even given the view that its multiple reports raise it to the level of mutawtir This is in addition to the
fact that its meaning is correct as it is supported by other verses and ahadith.
Many scholars have mentioned many other proofs. There is a very small minority of scholars who do not consider
ijm to be a valid source of law but it is so small that the main body of scholars do not give credence to their view.


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Qualification as a Mujtahid
The majority opinion is that none of these texts exclude the fsiq or sinful Mujtahid; if that person is a scholar their
opinion counts towards forming an ijm.
Evidential Basis of a Valid Ijm
Ijm must be based on evidence from the Qurn and Sunnah and not the discussions of the scholars. If there is
ijm on an issue but the evidence from the Qurn and Sunnah is not explicit (e.g. that something has been
abrogated), one can infer that there is an underlying evidence from the Qurn and Sunnah which was known to such
Mujtahidn and that they relied upon that evidence in coming to their agreement.
Ijm can also be based on qiys despite the differing views on this matter. This is because such differences are only
differences of language as one of the pre-requisites for qiys is that there is a basis for the analogy in the Qurn and
Sunnah, therefore indirectly any such ijm would be based on the Qurn and Sunnah.

.
The Binding Legal Value of Consensus
The consensus of the Muslim community [ummah] is binding [ujja] - but not that of other
communities. This is because he said, My community will not come to consensus over a
misguidance. The Legislation has been conveyed [to us] through this communitys
protection.
Consensus is binding over the next generation, no matter in which generation it takes
place.
Ruling on Ijm
It is obligatory to follow the explicit ijm of the scholars and to go against it would cause someone to become a
disbeliever. This does not apply to any ijm that has been claimed but is disputed or which does not have sufficient
evidence to support it.
Once an ijm is in place all subsequent generations are bound by that ijm in terms of its specific ruling.
In order for it to be binding, it is not a condition that the [entire] generation pass away.
The ijm becomes binding at the moment of the agreement; if a person was to become a Mujtahid soon after and
disagreed with the ijm, this would not affect the validity of the ijm even if some of the original Mujtahidn who had
given rise to the ijm have not yet passed away.
If we were to say that the generation passing away is a condition, the opinion of someone
who was born during their lifetime and who became a jurist qualified to make personal
reasoning would be of consideration; they (the new Mujtahid) would be entitled to renege from
that ruling.
Consensus is valid by means of their statements and their deeds. And consensus is valid
by the statements and deeds of [just] some of them, when that statement or deed spreads
while the remainder keeps silent.
Ijm as Sukti is of practical benefit today where the various fiqh bodies, such as the Majma al Fiqhi al Islmi or
Islamic Fiqh Academy (established by the OIC in 1982), are able to gather and provide rulings even though not every
single Mujtahid is able to be present.
Ijm by conduct might include, for example, where all Mujtahidn are known to practice a certain action e.g. if in our
time all scholars were to engage in the form of purchase form a shop involving picking the goods off the shelves,
paying the shopkeeper and not speaking a word other than perhaps salm. This is contrary to the Shafii opinion
being that all commercial transactions require an explicit offer and acceptance.


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The opinion of a single Companion (God be well pleased with them all) is not a binding
proof over anyone else, according to [Imam al-Shfis] new school.
Fatwa or Opinion of Companion
The ruling on the opinion or fatwa of a companion may either be that it is proof in the Shariah or that it is an example
of ijtihd which may or may not be followed, depending on the circumstances.
i. If the opinion is expressed on a topic where there is no scope for personal reasoning, deduction or insight e.g.
matters of the unseen or an indication of any specific reward, this is considered to be a proof and is marf in
hukm. This is because it can be assumed that the companion heard this information from the Prophet .
ii. If there is a single opinion among the companions this constitutes an ijm of the companions on that issue and
is strongest form of ijm and proof in the Shariah.
iii. If there are a number of opinions amongst the companions on any topic, the scholars will try to establish which
is the stronger based on other evidences rather than on the status of each companion involved.
iv. If an opinion of a companion spreads and becomes widespread without any criticism or refutation or reservation
from other scholars, it forms the basis of tacit ijm according to the majority.
v. If an opinion of a companion in an area where there is scope for personal reasoning or insight, but it does not
become widespread and no other companion comments upon it, such an opinion can be an proof provided that
the opinion does not oppose any text, in which case the text is followed rather than the opinion of the
companion.
The proof for this includes:
Allh testifies to the trustworthiness and righteousness of the companions:
And the foremost to embrace Islm of the Muhjirn (those who migrated from Makkah to Al-Madinah)
and the Ansr (the citizens of Al-Madinah who helped and gave aid to the Muhjirn) and also those who
followed them exactly (in Faith). Allh is well-pleased with them as they are well-pleased with Him. He has
prepared for them Gardens under which rivers flow (Paradise), to dwell therein forever. That is the
supreme success.)
At Tawbah 9:100

The companions were the most knowledgeable about the Qurn and Sunnah as they were present during
the revelation and were aware of the context, and were best able to understand the language of revelation.
The basis for a fatwa of a companion can be as follows, all of which should be accepted as a valid
evidence in itself except for the last:
a. It was heard from the Prophet directly.
b. It was heard from another companion who heard from the Prophet directly.
c. It was understood by the companion in a way that is not available to us.
d. The companions agreed on a particular view but only this specific companions statement reached us.
e. The companion understood the evidences in light of their proper context in a way that we cannot.
f. The companion misunderstood the Prophet or evidence.
If the opinion of a companion conflicts with a valid qiys, some scholars state that the opinion should be
preferred over qiys as his opinion is a valid evidence in itself, but other scholars state that the opinion of the
companion is only one view and that another view is possible through qiys, because qiys is also based on the
Qurn and Sunnah.

)) : ((
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Akhbr: Declarative Statements
This is a discussion with regards to the manner in which the Sunnah has reached us.
A declarative statement [ khabr akbr] is a statement wherein truth and falsehood
enter. Declarative statements are divided into solitary [d] and mass-transmitted
[mutawtir] reports.

.
: .
Mass-Transmitted and Solitary Reports
Mass-transmitted [mutawtir] reports are those that necessarily convey sure knowledge
[ilm]. A mass-transmitted report is that which is related by a group the likes of which
cannot simultaneously agree upon a lie, from a similar group, [and so on,] up until the
thing being reported; and the thing being reported being something observed or heard
not personal reasoning.
Mutawtir
Mutawtir reports convey ilm ad dhurri or sure knowledge, being knowledge which has to be accepted as authentic.
The linguistic meaning of the concept of tawtur is something which comes continuously one after another. The legal
definition is a narration by such a large number of people from different places and backgrounds that it is impossible
that they all came together on a lie or a mistake.
Conditions:
i. It is impossible for the narrators of each tabaqah or level to come together on a lie or mistake.
ii. The basis of their narration must be something they themselves perceived (i.e. something they saw or heard),
rather than personal reasoning.
iii. The basis of their narration must be something that they are sure about as opposed to being in doubt.
iv. The large number must be constant in each tabaqt from the era of the Prophet up to the time of the compiler
e.g. 10 in each level.
There is a difference of opinion as to the minimum number of narrators required in each tabaqt; opinions include 4,
7 and 70. However, there is no proof for a specific number of individuals; the Prophet himself would send a few
companions to convey teach the Qurn and Aqdah, considering such numbers sufficient.
Solitary reports [d] are those that necessarily lead to action but do not necessarily
convey sure knowledge [ilm] because of bearing the possibility of it being a mistake.
The definition of ahad ahadith is that which does not meet the conditions of tawtur i.e. those hadith which are
mashhr, aziz or gharb in terms of their tabaqah.
i. The linguistic meaning of mashhr is a clear or well-known matter, whereas the technical definition is a hadith
which has a minimum of three narrators in each tabaqah, but does not reach the level of mutawtir.
Example: the hadith Allh does not take away knowledge by taking it away from (the hearts of) people, but he
takes it away by the death of the scholars
Bukhri (100) and Muslim [6796] 13 (2673)

ii. The word aziz linguistically means rarity or being strengthened. Its technical meaning is where there are a
minimum of two narrators in each tabaqah. It is also stronger in the sense that having two narrators in each
level is stronger than having one.


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Example: None of you will have faith till he loves me more than his father, his children and all mankind
Bukhri (15)
and Muslim [169] 70 (44).
This hadith is narrated by Anas ; and by Ab Hurayrah ;. It is related from Anas ; by two narrators, Qatda
and Abdul Aziz ibn Suhaib, and from them, two narrators each respectively being Shuba and Sad ibn Ab
Urba (from Qatda), and Abdul Writh and Ismail ibnu Ulayah (from Abdul Aziz ibn Suhaib).
Al Hkim in Marifat Ulm al Hadith gives the impression that being aziz is the minimum condition for
authenticity, but he has been misunderstood. Others claim this view is shared by Bukhri, but this is refuted by
the very first hadith in Bukhri which is narrated by only one companion:
Verily all deeds are by intentions Bukhri (1)
Umar ; is the only narrator at the level of the companions and al Qamah is the only narrator at the level of the
tabin to narrate the hadith.
iii. The word gharb linguistically means the person who is alone, far from home or a stranger. Its technical
meaning is a hadith which contains a single narrator at any of the levels. The words fard and gharb are
synonymous.
Certain scholars, such as Ibn Hibbn, thought that there being two narrators was the limit for a hadith to be
authentic i.e. a hadith with only one narrator at any level of the isnd could not be held to be authentic.
However, the scholars have accepted such ahadith e.g. the very first hadith in Sahh Bukhari has only one
narrator in each level of the isnd.
There is a difference of opinion as to whether ahad ahadith can lead to certain or qat knowledge, with the opinions
expressed including:
i. There are insufficient ruwt for certain knowledge therefore it only provides speculative or dhan knowledge.
ii. It provides certain knowledge without restriction.
iii. It provides certain knowledge if the ahadith meets all the conditions for authenticity through the existence of
external indicators.
In principle, it is clear that the companions would rely upon the announcement of one person, such as the
announcement of the prohibition of alcohol, or that of the prohibition of the flesh of donkeys, or that of the change in
the qiblah. The Prophet sent Musab ibn Umair to Madnah to teach the people there about the beliefs of Islm prior
to the Hijrah, at a time when there were very few rulings in fiqh. He did not send a vast multitude of companions and
so we can assume that tawtur or multiple confirmatory reports are not the only manner of attaining sure knowledge.
It is fine to adopt such divisions for the purposes of classification and understanding, but it is not permissible to then
accept or reject proofs from the Qurn and Sunnah on that basis.



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Mursal and Musnad: Expedient and Grounded Reports
Reports divide into two divisions:
i. Expedient (mursal), and
ii. Grounded (musnad).
Grounded reports [musnad] are those possessing a continuously connected chain of
transmitters [sanad].
The term musnad among the ulliyyn is any report which is grounded, whereas among the muhaddithn it is where
the report is grounded to the Prophet specifically.


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Expedient reports [mursal] are those lacking a continuously connected chain. If the
expedient report is not from one of the Companions ;, it is not a binding proof - unless it
is an expedient report from Sad bin al-Musayyab ;.
The definition of mursal among the ulliyyn is any report with any missing links, whereas among the muhaddithn it
is where the missing link is specifically the companion (so that a tabii reports directly from the Prophet ).
The mudal (double break) hadith or munqati (two non-consecutive breaks) hadith cannot be used as an evidence,
but the mursal hadith can be used if it is from Sad bin al-Musayyab as it has been established that all his marsl
ahadith are in fact grounded (through external indicators).
[Reports using] indecisive hadith transmission terminology [anana] enter into grounded
reports:
When the shaykh reads, it is permissible for the transmitter to say: he related to me
[addathan], or: he informed me [akhbaran]. When he reads to the shaykh, he says:
he informed me, but does not say: he related to me.
If the shaykh authorizes him without reading, the transmitter says: he authorized me,
or: he informed me through an authorization.

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Qiys: Analogical Reasoning
Analogical reasoning is returning a derived case [far] back to the original case [al] due to
an effective cause [illa, i.e. ratio] that joins them in the ruling.
Definition of Qiys
Linguistically it refers to measuring something or equating something with something else. Legally, it refers to
equating a secondary case upon the primary case due to something that joins them in the ruling of the primary case.
From this definition it is evident that qiys has four basic pillars
i. Asl: the primary case, which is an established issue supported by texts from the Qurn and Sunnah (or ijm).
ii. Far: the secondary case; this is a new issue which requires a ruling where no ruling is evident from the Qurn
and Sunnah (or from ijm).
iii. Hukm: this is the ruling on the primary case based on the texts from the Qurn and Sunnah (or ijm).
iv. Illa: the common factor present in both the asl and the far which allows one to conclude that the ruling should
be the same.
Example: the Prophet in the hadith of the riba of fadl or the interest of exchange mentions barley explicitly, but did
not mention other substances such as rice. The asl is therefore barley, the far is rice, the hukm is the prohibition of
the riba of exchange, and the illa in relation to commodities is that they are measured by volume and are staple
foods. Other scholars mention that both commodities can be stored for long durations.
The Status of Qiys as a Source of Law
There is a difference of opinion on qiys:
i. The most vocal opponents being the dhhiriyyah who are opposed to anything but a literal interpretation of the
texts. For example, the hadith on not urinating in stagnant water is restricted to its facts and they would state it
would be permissible to urinate into a container and pour this into the stagnant water, even though the majority
would state that this has defeated the purpose or cause for the prohibition.
ii. The majority opinion is that qiys is a valid proof in the Shariah:
There is ijm of the companions on the use of the qiys and there are many examples of its use by them.
There are examples of qiys in the Qurn such as where Allh orders us to consider the negative
consequences for the people of the past who belied their prophets; this is a qiys between the people of
before and the people now addressed by Islm.
There are examples of qiys from the Sunnah, such as where a person approached the Prophet
informing him that his wife had given birth to a child with a darker complexion even though he and he wife
were of a light complexion. The Prophet made qiys with the way traits follow through generations of
camels and informed him that it must be a trait of one of their ancestors coming through.
There are examples of qiys from the companion, such as the instruction from Umar ; in a letter to Ab
Msa al Ashari ; to perform qiys.
The Conditions for Valid Qiys
1. The hukm of the asl must have been established explicitly the Qurn, Sunnah or ijm.
2. The hukm of the asl is capable of being rationally understood. There is therefore little scope for qiys in ibdt
as much of it is tawkfiyyah.
3. The illa must be present in the far. There may be more than on illa in any particular matter.
4. There must be no explicit hukm on the far in the Qurn, Sunnah or ijm, otherwise there would be no reason to
perform qiys. If there is already a ruling in the far it is possible to be further supported by qiys.
5. The hukm of the far should be the same as the hukm of the asl.
6. The illa of the asl should not be specific to the asl but should be capable of transfer to other issues.
7. The illa is established from one of the maslik ( maslak) or set manners of identifying the illa;
8. If the illa is deduced, it must not oppose a text from the Qurn and Sunnah, or ijm.
9. The illa must be rationally appropriate.
10. The qiys is in a matter of fiqh (and not therefore in aqdah).
An example of invalid qiys is that some people erroneously claim that as the companions made tabarruk of the
Prophet , they can make qiys on this with certain pious people with whom they feel they can make tabarruk due
to their piety.
If the illa is prophethood, there is no equivalence between the Prophet and any pious person today. If the illa is
righteousness, we do not have a proof of anyones piety unless found in the Qurn and Sunnah. In either case, the
same illa does not apply to the asl and the far here.


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The maslik are of three types:
i. An indication from the Qurn and Sunnah.
Example: the Prophet stated that no two people should have a private conversation to the exclusion of
another if there only three people, as this might cause the third person to be sad. In this case, the Prophet has
explicitly mentioning what the illa is.
ii. An indication from ijm on what the illa is.
iii. Istimbt or deduction. The following is an example of deduction, the verse Were they created by nothing, or
were they themselves the creators?)
At Tr 52:35
deduces that something created the universe and it was not the
universe itself, therefore there must have been some outside agency of creation.

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Divisions of Analogical Reasoning
Analogical reasoning divides into three divisions (according to the illa):
1. causative,
2. indicative, or
3. similitude.
Causative inference [qiys al-illa] is that in which the ratio legis necessarily requires the
ruling.
Another way of describing this form of deduction is that it applies where the far is even more deserving of the ruling
than the asl.
Example: the Qurn prohibits taff which is the practice of saying words of disrespect (uff 17:23); it can therefore be
inferred that to hit your parents would be worse, as the illa of not hurting ones parents applies to a greater extent.
Indicative inference [qiys al-dalla] is using one of two identical things as evidence for
the other. It is when the ratio legis indicates the ruling without necessarily requiring the
ruling.
This is a form of deduction where the illa is not explicit but is indicated through reason.
Example: a person is prohibited from consuming the wealth of an orphan, and this indicates that similarly one is
prohibited from burning it, destroying it or otherwise disposing of it.
Inference of similitude [qiys al-shabah] is when the derived case resembles two source
cases, so it is attached whichever one it most resembles.
This is the weakest form of qiys.
Example: if a man kills a slave, does he have to pay the diya or blood money, or does he have to pay the market
value for that slave. In this instance, the issue would be whether the slave is more similar to a person or to an asset,
with the strongest opinion being that he is more similar to an asset.

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2 .
3 . .
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Conditions for the Integrals of Analogical Reasoning
A condition of the derived case (far) is that it be appropriate to the original case (asl) with
respect to what joins the two together for the ruling.
A condition of the original case is that it is established through evidence that is agreed
upon by the debating parties.
Example: it is claimed that once pebbles have been used to stone the jamart in Hajj, they cannot be used again,
based on qiys upon m mustamal or used water which is thought by some to lose its purifying capacity due to
having been used. However, in this instance there is disagreement about the asl as the stronger opinion is that used
water does not lose its purifying capacity.
A condition of the ratio (illa) is that it is constant in the rulings wherein it exists, so that it
not be inconsistent in phrase or meaning.
Example: it is not permissible to buy and sell after the second adhn of jumuah (62:9). Making a gift, which is
another form of transaction, is not included in this prohibition as it does not resemble buying and selling as there is a
lack of negotiation regarding pricing, however, hiring something would be included in the prohibition as it does
resemble buying and selling due to the competing economic interests.
A condition of the ruling [ukm] is that it be similar to the ratio (illa) with regard to
absence and presence.
Whenever the illa is present the hukm should be present, and when it is not present the hukm should not be present.
Example: whenever hayd or menstruation is present, fasting becomes impermissible for women, but when hayd has
ceased, a woman can fast.
The ratio legis is what attracts the ruling, and the ruling is that which is attracted by the
ratio legis.
The illa does not cause the hukm, in reality it is Allh , who has caused the ruling to apply by causing the illa to
apply. The author makes this statement due to the emphasis by the mutakalimn that cause and effect are not
necessarily linked but it is Allh , who makes any effect follow a cause (a philosophical concept known as
occasionalism).

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Impermissibility and Permissibility
As for impermissibility and permissibility: some scholars say that things are impermissible
unless the Legislation declares it permissible. And so, if nothing in the Legislation is found
that indicates permissibility, one adheres to the original stateimpermissibility.
Some scholars hold the opposite: that the default state for things is the opposite
[permissibility], except for what the Legislation has declared impermissible.
The specific default ruling in the Shariah depends on the subject matter, with the general rule being that everything is
permissible until proven impermissible. For example, this general rule applies to dt (matters of tradition and
custom), mumalt (societal transactions) and food.
He it is who created for you all that is on earth...)
Al Baqarah 2:29

Say (O Muhammad ): I find not in that which has been revealed to me anything forbidden to be eaten by one who
wishes to eat it, unless it be Maitah (a dead animal) or blood poured forth (by slaughtering or the like), or the flesh of
swine (pork) for that surely is impure, or impious (unlawful) meat (of an animal) which is slaughtered as a sacrifice for
others than Allh)
Al Anm 6:145
Specific default rules:
Ibdt: all acts and forms of worship are prohibited until proven to be permissible.
Meat: all meat is prohibited until proven permissible.
Women: relations with women are forbidden until proven permissible.
Wealth of others: this is impermissible to someone other than its owner unless proven permissible.


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Presumption of Continuity
The meaning of presumption of continuity [istib al-l] is that the original state is
presumed to continue in the absence of legal evidence.

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Evidence and Its Order of Precedence
Manifest evidence is given precedence over the hidden.
Evidence that necessarily leads to sure knowledge [ilm] is given precedence over evidence
which leads to probable knowledge [ann].


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Something stated is given precedence over analogical reasoning.
Manifest analogical reasoning [qiys jal] is given precedence over concealed analogical
reasoning [qiys khaf].
If something stated categorically is found to change the default state of absence [it is
used], otherwise the original state is presumed to continue [istib al-l].




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The Mufti, His Petitioner, and Emulation

The Muft
Conditions of the muft include:
1. being knowledgeable in fiqhits foundations and branchesin the differences of
opinion and the schools position;
2. being versed in the tools necessary for ijtihd, including Arabic grammar and
lexicography;
3. being versed in narrators, and
4. being versed in the commentaries of Qurnic verses and prophetic hadiths
concerning rulings.


1 .
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3 .
4 .
5 . .
The Petitioner
A condition of the one petitioning the muft [al-mustaft] is being from those who imitate
scholars, so he follows the muft in his verdict.
It is not permissible for a scholar to imitate.

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Taqld: Imitating
Imitating [taqld] is accepting anothers opinion without its evidence. Consequently,
accepting the opinion of the Prophet is called imitation.
Some said that imitation is to accept anothers opinion while you do not know from where
he took it.
If we hold the opinion that the Prophet gave rulings based on analogical reasoning,
then it is permissible to call accepting his opinion imitation.

.
:
: .
Independent reasoning
Ijtihd is expending all efforts in reaching the goal. When a mujtahid exercises
independent reasoning in branch issues and he has complete [mastery of the] tools for
independent reasoning and he hits the markhe has two rewards; if he exercises
independent reasoning and misses then he has one reward. Some scholars held the
opinion that every mujtahid in derived issues hits the mark.


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Al Waraqt: Sh. Tariq Appleby Alkauthar Student Guild SG1 Term 6

It is not possible to hold the opinion that every mujtahid in root theological issues hits the
mark since it would lead to declaring those who are misguided [e.g.,] Christians,
Zoroastrians, non-believers, and atheists, as hitting the mark.
The evidence for those who say that every mujtahid does not [always] hit the mark is the
saying of the Prophet : Whoever exercises independent reasoning and hits the mark
gets two rewards, and whoever exercises independent reasoning and misses gets one
reward. The wajh of the evidence is that the Prophet declared some mujtahids missing
the mark sometimes, and declared them hitting it in others.


. : .
:
.
: )) :
.(( .
Finished.



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Al Waraqt: Sh. Tariq Appleby Alkauthar Student Guild SG1 Term 6

Points of Benefit from Al Waraqt
Lesson 1
A good book for further reading is Principles of Islamic Jurisprudence by Mohammad Hashim Kamali, a
professor at the International Islamic University of Malaysia.
The best version of Ar Rislah in the Arabic language is that whose tahqq or checking has been done by Sh.
Ahmad Shkir.
Sometimes Allh , places barakah in a book, so much so to the extent that people write summaries and
explanations of it or they memorise it. This is one sign that Allh has accepted something from us.
The students are advised to memorise whatever texts they study.
Lesson 2
The exams are a mere formality; what is important about this knowledge is that the student is internalising the
knowledge, benefiting from it, and passing it on to others.
Muslims are very careful with their technical terms and where they place their words generally e.g. the recitation
of the Qurn is only in the manner it was recited to the Prophet , and we strive to pronounce our ahadith in the
manner which the Prophet would have pronounced them.
Question 1: what is the definition of wjib according to the author and what is its definition according to scholars
of usl al fiqh in general.
Question 2: what is the definition of sahh and what is the term used for the process of authenticating
something, and provide an example of the correct usage of the term sahh.
Books and hastening towards knowledge are more valuable than any worldly items.
Lesson 3
Mini-assignment: find 5 examples of the imperative tense in the Qurn which convey an example. It is important
to find practical examples of what were studying.
Question: a) what is the definition of an amr? b) what is the example given by the author for majz through
deletion and what is the correct ruling on the matter?
Lesson 4
How many people do we know who had the ability to perform a duty such as Hajj but procrastinated until they
were unable to perform it, or unable to perform it properly, or have died early.
Extravagance is not purchasing that which is expensive when you are able to do so, it is purchasing and
accumulating that which you cannot afford or make use of.
We should ensure that we place a firm barrier between ourselves and the anger of Allh by not contravening his
prohibitions. For example, with regards to zina there are many guidelines to protect us from this prohibited act,
such as the lowering of the gaze, dressing modestly, not being alone with the opposite gender, the restriction on
women using strong perfume outside of their homes.
Mini-assignment: find five examples from the Qurn where Allh , states do not do.
Question 3: What is the definition of command and does it entail repetition and why?
Question 4: Name the two types of children and discuss their responsibility for their actions.
Lesson 5
Question 1: provide an example of where the Qurn specifies the Qurn.
Question 2: provide an example from the Sunnah of Mutlaq and Muqayyid.
Question 3: provide an example from the Sunnah where the Prophet uses the word Kull.
Lesson 6
The students are encouraged to study Arabic as in doing so the lessons become even more enjoyable as one
sees the beauty of the language used.


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Al Waraqt: Sh. Tariq Appleby Alkauthar Student Guild SG1 Term 6



53
If the students feel that the translation provided can be improved please do so but inform the Shaykh of any
changes in the translation of any terminology. These terms where translated by fellow students of the Shaykh at
al Madnah University and are not fixed. This may be particularly suitable for those students in the legal field, as
this subject closely resembles their area of specialism.
The methodology of the salaf is to assess the evidence first before coming to a view, whereas the methodology
of the deviant sects and innovators is to start out with an outcome which they desire and try to find evidence
which supports their view.
The use of the principles for analysing tawl is a good way to clarify matters, and this is not just restricted to
texts from the Qurn and Sunnah but can be used in everyday situations such as contractual interpretation.
There are different methodologies adopted by authors on the subject of usl al fiqh, with some first giving the
student the tools to analyse the sources (i.e. the Qurn, Sunnah, Ijma and Qiys), whereas others discuss the
sources first and then provide the tools to analyse them.
The Shaykh recommends certain books on the topic of the Sunnah, including The Authority of the Sunnah by
Sh. Zarabozo, and The Sunnah: a Source of Legal Legislation by Mustapha as Sibi (published by IPH).
The more you teach, the more you learn and better understand your subject matter.
Lesson 7
If a person immerses himself in fiqh, usl al fiqh and mustalah al hadth, this would be an excellent foundation
and would take someones knowledge to a new level.
Question 1: find two more examples of the Sunnah abrogating the Sunnah.
Question 2: find an example of the Sunnah abrogating the Qurn.
Question 3: find an example of conflicting evidence in the book of purification from Bulgh al Marm.
Lesson 8
Whenever considering a scholars book or statement, one should always be conscious of the perspective that
scholar is approaching a subject i.e. if they are a muhaddith, usli, faqih etc.
Question 1: what is the proof that ijm is source of law?
Question 2: what is the opinion of the majority of the scholars regarding an opinion of a companion?
Lesson 9
Question 1: name one example of qiys al illa.
Question 2: is it permissible to make qiys in aqdah.


Please email corrections or clarifications to alkautharstudentnotes@gmail.com

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