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Culture -
Usul & Fiqh
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|  The following is a translation from the Usul Al-Fiqh masterpiece of the Arabic book “The Islamic Personality Volume 3” by Sheikh Taqiuddin an-Nabhani. Please refer to the original Arabic for accurate meanings.
The Prohibition [al-Harām]
The prohibition is that which textual evidence indicates upon as being the address of the legislator with a decisive request to abstain from an action. The one who performs it is legally blameworthy, and it is synonymous with al-mahdhūr.
The Permissible [al-Mubāh]
The permissible is that which textual evidence indicates upon as being the address of the legislator with a choice given in it between performance and abstention, without one being preferred over the other. The permissibility [ibāhah] is from the legal rulings, because it is ascertained from the legislator’s address, and cannot otherwise be established. The ibāhah is not the removal of harm from the commission of an action or its omission. If this were the case then its legislation would be established before the advent of the revelation, whilst there is no revelation prior to its coming. Rather the ibāhah is that which the address of the legislator came with of choice between performance and abstention. It is established from the revelation and after its advent; hence it is from the ahkām shari’ah.
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Culture -
Usul & Fiqh
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The following is a translation from the Usul Al-Fiqh masterpiece of the Arabic book “The Islamic Personality Volume 3” by Sheikh Taqiuddin an-Nabhani. Please refer to the original Arabic for accurate meanings.A thing required to fulfill a wājib can be of two types: i) it can be such that the obligation is conditional upon it, or ii) it can such that the obligation is not conditional upon it. If the obligation is conditional upon it then there is no difference in that fulfilling that condition is not a wājib. Rather the wājib is that whose obligation is established by the evidence. An example of this is the obligation of a specific salāt, which is conditional upon the attainment of purity. Yet the purity is not an obligation from the perspective of the address which establishes the obligation of the salāt. Rather it is a condition for the performance of that obligation, and that obligation in the address of salāt is but that salāt if the condition exists. |
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Culture -
Usul & Fiqh
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| The wājib and the fard have one meaning, without distinction; the two are synonymous. As for what some of the mujtahideen held that if the ruling is established by a definite evidence such as the Qur’an and the mutawātir hadith then it is fard, and if it is established by a preponderant [dhanni] evidence like the solitary report [khabr al-wāhid] or legal analogy [qiyās] then it is wājib, then this position is arbitrary and without evidence. There is nothing in the language or the revelation to establish it, nor is it correct for this to be a conventional position for those who hold it, because convention [istilāh] is the application of names upon referents [musammayāt], and this issue is not of this sort, rather this matter is of the definition of a specific referent and thus it must be in accordance with the reality. The reality of this referent is that which the legislator decisively requested, regardless of whether that request was established by a definite or indefinite evidence. The issue is related to the indication of the address, not to its establishment. |
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| Friday, 22 January 2010 09:59 |
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| The Hukm Shar'ai (Divine Rule)
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Culture -
Usul & Fiqh
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| يَا أَيُّهَا الَّذِينَ آمَنُواْ اسْتَجِيبُواْ لِلّهِ وَلِلرَّسُولِ إِذَا دَعَاكُم لِمَا يُحْيِيكُمْ "Oh you who believe, answer the call of Allah and the Messenger when he calls you to that which gives you life". [Al-Anfaal, 8:24] In the tafseer of Al-Qurtubi and Ibn Kathir it says about the above verse, "Respond to what is good for you and what makes you better and that is obeying Allah and following the Qur'an and [what is in it] from the obligations. Doing this will result in success and eternal life". In other words, we are required to obey the commands of Allah سبحانه وتعالى. This includes fulfilling the fardh (obligatory) actions that Allah سبحانه وتعالى has prescribed for us and not doing that which He has made haram (prohibited) for us. Fulfilling one's fardh and steering clear of the haram is the only way to attain success in this life and in the akhira (Hereafter). |
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| Thursday, 17 December 2009 21:40 |
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| Categories of Hadith
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Culture -
Usul & Fiqh
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|  The khabar (report) which is synonymous to the terms hadith and sunnah is divided, in terms of the line of transmission (sanad), into the khabar mutawatir (continuously recurrent report) and khabar ahad (isolated report).
Mutawatir The mutawatir comprises of four issues, and these are: 1. The number of transmitters should be such that they are a group and not be restricted to any specific number. So whatever number proves to be a group, that is considered mutawatir. However, the minimum requirement is five. Four is not enough, because four are in need of another to attest their integrity (tazkiyah) if nothing is known about them when they give testimony for zina. The group accredited for tawatur (continuous transmission) is that it should not need any attestation (tazkiyah) so as to be definite by the mere notification of the report. |
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