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IN THE NAME OF ALLAH,IN THE NAME OF ALLAH,MOST COMPASSIONATE,MOST COMPASSIONATE,MOST MERCIFUL.MOST MERCIFUL.
INTRODUCTION TO THE STUDY OF FIQHINTRODUCTION TO THE STUDY OF FIQHAnd say: O Lord! Increase for me my knowledge
Using text & curriculum he has developed especially for Using text & curriculum he has developed especially for Muslim converts and young Adult English-speaking Muslims. Muslim converts and young Adult English-speaking Muslims.
““To seek knowledge is obligatory upon every Muslim (male & female)”To seek knowledge is obligatory upon every Muslim (male & female)”
UPDATED – 27 UPDATED – 27 January 2016 January 2016
BATCH # 5 INTAKE – [ January - May 2016 ] Intermediate Level course in English for AdultsIntermediate Level course in English for Adults
conducted by Ustaz Zhulkeflee Hj Ismailconducted by Ustaz Zhulkeflee Hj Ismail
IN THE NAME OF ALLAH,IN THE NAME OF ALLAH,MOST COMPASSIONATE,MOST COMPASSIONATE,MOST MERCIFUL.MOST MERCIFUL.
* Muhammad ibn al-Hassan Abu ’Abdallah al-Shaibany r.h.m. said:
““Give yourself up to the study of jurisprudence (FIQH), for the
knowledge of jurisprudence is the best guide to piety and the fear
of God and it is the straightest path to the ultimate goal.”.”
• REFLECTION:REFLECTION: “ “FiqhFiqh” – literally means “profound understanding (of the ” – literally means “profound understanding (of the
Deen)” – ref: al-Qur’an Surah Taubah : 9: 122, which later Deen)” – ref: al-Qur’an Surah Taubah : 9: 122, which later was used to refer to the studies of Islamic jurisprudence.was used to refer to the studies of Islamic jurisprudence.
Whatever is outside of person – Whatever is outside of person – to be regarded as information to be regarded as information ( ) – and not knowledge ( ) – and not knowledge
( ( ).).
Information may not necessarily Information may not necessarily convey any meanings, but can be convey any meanings, but can be subjected to process or subjected to process or interpretation – by a human - to interpretation – by a human - to arriving at meaning.arriving at meaning.Every one may have equal access Every one may have equal access to a given information.to a given information.
Knowledge resides in the Knowledge resides in the person – and is also an person – and is also an attribute (attribute (sifatsifat) of himself.) of himself.
Knowledge has to do with Knowledge has to do with “meanings” – which may “meanings” – which may include abstract concepts and include abstract concepts and construct beyond the material construct beyond the material forms.forms.Yet, there can be difference in Yet, there can be difference in levels and depths of knowledge levels and depths of knowledge to a given information, to a given information, depending upon who depending upon who contemplates upon it.contemplates upon it.
Just as raw data input are Just as raw data input are meant to be processed by the meant to be processed by the computer; observations, news, computer; observations, news, data and information etc. are data and information etc. are objects to be understood and objects to be understood and possible meanings from it to be possible meanings from it to be comprehended by man.comprehended by man.THUS the Qur’an categorize THUS the Qur’an categorize these (information) as: “Signs” these (information) as: “Signs” – – aayataayat ( ) ( )
It is when cognition of man are It is when cognition of man are applied to process these applied to process these information, that he may be said information, that he may be said to arrive at knowledge (i.e. when to arrive at knowledge (i.e. when it becomes meaningful).it becomes meaningful).
THUS the Qur’anic approach for THUS the Qur’anic approach for man’s education enjoins him to man’s education enjoins him to
“Read” (“Read” ( ) these signs these signs to arrive at the “meanings” – the to arrive at the “meanings” – the REALITY.REALITY.
NoteNote: The Arabic word “universe” and : The Arabic word “universe” and “a scholar; one who knows or is “a scholar; one who knows or is knowledgeable” are both spelt knowledgeable” are both spelt as: as: ( )( )
““Say, "O Allah, Say, "O Allah, Owner of SovereigntyOwner of Sovereignty, You give sovereignty to whom You will , You give sovereignty to whom You will
and You take sovereignty away from whom You will. You honour whom You and You take sovereignty away from whom You will. You honour whom You
will and You humble whom You will. In Your hand is [all] good. Indeed, You are will and You humble whom You will. In Your hand is [all] good. Indeed, You are
over all things competentover all things competent.”.”
( “( “’’A-da-laA-da-la ” ) – to act justly, equitable, ” ) – to act justly, equitable, treating everyone with indiscriminate treating everyone with indiscriminate justice, etc. it also implies ( “ justice, etc. it also implies ( “ ‘adl ‘adl ” ” ) to straighten, to be straightforward, ) to straighten, to be straightforward, justice, rectify, put in order, balance etc.justice, rectify, put in order, balance etc.
( “( “QistwQistw ” ) meaning: “justice, fairness, equity, ” ) meaning: “justice, fairness, equity, fair-mindedness, etc.” as in allotment of share fair-mindedness, etc.” as in allotment of share or portion, also in the appropriate instalments.or portion, also in the appropriate instalments.
ThusThus “ “( “( “muqsitwmuqsitw ”) – is “acting justly, or with ”) – is “acting justly, or with fairness, correctness and appropriateness.”fairness, correctness and appropriateness.”
Although both terms imply “Although both terms imply “justicejustice”, yet there is a ”, yet there is a slight difference in their meanings :slight difference in their meanings :
In a transaction between 2 parties (e.g. Buying and In a transaction between 2 parties (e.g. Buying and selling), to accord to both parties their due rights selling), to accord to both parties their due rights whence both are satisfied (win-win) – the Arabic whence both are satisfied (win-win) – the Arabic term . (term . (QISTwQISTw ) is used. This may ) is used. This may require willingness on one or both party to show require willingness on one or both party to show benevolence, goodwill and generosity to the other.benevolence, goodwill and generosity to the other.
In an adjudication (In an adjudication (judging judging ), where justice requires ), where justice requires that one party gains and one party has to suffer that one party gains and one party has to suffer loss, the Arabic termloss, the Arabic term ((‘‘ADL ADL )) is used. This, is used. This, perhaps is the minimal form of justice required.perhaps is the minimal form of justice required.
Even to those amongst your enemy whom you hate, Even to those amongst your enemy whom you hate, you must not deprive them of the you must not deprive them of the ‘ADL‘ADL..
Thus, (Thus, (QISTwQISTw ) would be a higher form of ) would be a higher form of justice – a justice tempered with justice – a justice tempered with IIHHSANSAN and and generosity. Examples:generosity. Examples:
Thus, (Thus, (QISTwQISTw ) would be a higher form of ) would be a higher form of justice – a justice tempered with justice – a justice tempered with IIHHSANSAN and and generosity. Examples:generosity. Examples:
“And therein We had ordained for them: 'A life for a life, and an
eye for an eye, and a nose for a nose, and an ear for an ear, and
a tooth for a tooth, and for all wounds, like for like. But
whosoever forgoes it by way of charity, it will be for him an
expiation. Those who do not judge by what Allah has revealed
are indeed the wrong-doers..”
(Qur’an: Maa-idah: 5: 45)
Thus, (Thus, (QISTwQISTw ) would be a higher form of ) would be a higher form of justice – a justice tempered with justice – a justice tempered with IIHHSANSAN and and generosity. Examples:generosity. Examples:
“And if you punish [an enemy, O believers], punish with an
equivalent of that with which you were harmed. But if you are
patient - it is better for those who are patient.”
(Qur’an: An-Nahlu: 16: 126)
Thus, (Thus, (QISTwQISTw ) would be a higher form of ) would be a higher form of justice – a justice tempered with justice – a justice tempered with IIHHSANSAN and and generosity. Examples:generosity. Examples:
“When you are greeted with a salutation then return
it with a better one, or at least the same. Surely Allah
takes good count of everything.”
(Qur’an: An-Nisa’: 4: 86)
Thus, (Thus, (QISTwQISTw ) would be a higher form of ) would be a higher form of justice – a justice tempered with justice – a justice tempered with IIHHSANSAN and and generosity.generosity.
As Muslims, we are to strive for this higher As Muslims, we are to strive for this higher standard, . (standard, . (QISTw QISTw ), if not, then uphold the ), if not, then uphold the minimal . ( minimal . ( ‘ADL ‘ADL ).).
““ADAABADAAB “ encompass both these understandings. “ encompass both these understandings.
[1] The loss of Adab in the community. Thus restoration of Adab has higher priority for Adab precedes even learning. [2] Wan Mohd Nor Wan Daud’s “The Educational Philosophy and Practice of Syed Muhammad Naquib Al-Attas” (ISTAC publication 1998) p 74
“This state of perpetual confusion at all levels of societal leadership is ingeniously termed by al-Attas as the loss of ADAB. This can be describe as follows:
1) Confusion and error in knowledge; creating the condition for:
[1] The loss of Adab in the community. Thus restoration of Adab has higher priority for Adab precedes even learning. [2] Wan Mohd Nor Wan Daud’s “The Educational Philosophy and Practice of Syed Muhammad Naquib Al-Attas” (ISTAC publication 1998) p 74
“This state of perpetual confusion at all levels of societal leadership is ingeniously termed by al-Attas as the loss of ADAB. This can be describe as follows:
1) Confusion and error in knowledge; creating the condition for:2) The loss of ADAB within the Community. The condition arising out of (A) and (B) is:
[1] The loss of Adab in the community. Thus restoration of Adab has higher priority for Adab precedes even learning. [2] Wan Mohd Nor Wan Daud’s “The Educational Philosophy and Practice of Syed Muhammad Naquib Al-Attas” (ISTAC publication 1998) p 74
“This state of perpetual confusion at all levels of societal leadership is ingeniously termed by al-Attas as the loss of ADAB. This can be describe as follows:
1) Confusion and error in knowledge; creating the condition for:2) The loss of ADAB within the Community. The condition arising out of (A) and (B) is: Rise of False leaders
[1] The loss of Adab in the community. Thus restoration of Adab has higher priority for Adab precedes even learning. [2] Wan Mohd Nor Wan Daud’s “The Educational Philosophy and Practice of Syed Muhammad Naquib Al-Attas” (ISTAC publication 1998) p 74
“This state of perpetual confusion at all levels of societal leadership is ingeniously termed by al-Attas as the loss of ADAB. This can be describe as follows:
1) Confusion and error in knowledge; creating the condition for:2) The loss of ADAB within the Community. The condition arising out of (A) and (B) is:
“The rise of leaders who are not qualified for valid leadership of the Muslim Community, who do not possess the high moral, intellectual and spiritual standards required for Islamic leadership, who perpetuate the condition in (1) [1] above and ensure the continued control of the affairs of the Community by leaders like them who dominate in all fields.” [2]
[1] The loss of Adab in the community. Thus restoration of Adab has higher priority for Adab precedes even learning. [2] Wan Mohd Nor Wan Daud’s “The Educational Philosophy and Practice of Syed Muhammad Naquib Al-Attas” (ISTAC publication 1998) p 74
Another term perhaps ‘abused’ is Another term perhaps ‘abused’ is ULIL-AMRIULIL-AMRI – being applied to – being applied to
whomsoever assume leadership of the Muslim community, without even whomsoever assume leadership of the Muslim community, without even
considering whether such ‘leaders’ fulfill the criteria spoken of as the considering whether such ‘leaders’ fulfill the criteria spoken of as the
ULIL -AMRI - MINKUM ULIL -AMRI - MINKUM in the Qur’an and elaborated in As-Sunnah. in the Qur’an and elaborated in As-Sunnah.
Originally, the Originally, the WALIYUL ‘AMRI WALIYUL ‘AMRI was the leader who was both an was the leader who was both an ‘ALEEM ‘ALEEM
(recognized as learned Islamic scholar) as well as being the (recognized as learned Islamic scholar) as well as being the AMEERAMEER
(political leader of the community) – modeled after the Prophet (political leader of the community) – modeled after the Prophet ملسو هيلع هللا ىلصملسو هيلع هللا ىلص Even if he was not the best Islamic scholars of the time, he is expected Even if he was not the best Islamic scholars of the time, he is expected
to seek the advice of the best learned scholars (to seek the advice of the best learned scholars (‘ULAMA‘ULAMA) in the ) in the
THE PROPHET THE PROPHET ملسو هيلع هللا ىلصملسو هيلع هللا ىلص ‘ALEEM and AMEERPowers both spiritual and temporal,yet commanded to consult (SHURA)
KHULAFA’ RASHIDUUNKHULAFA’ RASHIDUUN ‘‘ALEEM ALEEM and and AMEERAMEERBoth spiritual and temporal,Both spiritual and temporal,
Yet consultation with the seniorYet consultation with the seniorand other learned Companionsand other learned Companions
‘‘ULAMA ULAMA and and SHUYUKHSHUYUKH of the of the UmmahUmmah.
UMMAYYAD DYNASTYAsAs AMEER AMEER only.only.
Held temporal power, Held temporal power, but sought legitimacy but sought legitimacy from endorsement from endorsement of the of the ‘ULAMA ‘ULAMA . .
ABBASID DYNASTY
BEGINNING OF SEPARATION
‘‘ULAMAULAMASpiritual – religious Spiritual – religious leadership. Some patronize leadership. Some patronize the ruler or served as the ruler or served as judges and administrators, judges and administrators, yet many remain yet many remain Independent from these Independent from these rulers but were there to rulers but were there to serve the serve the Ummah.Ummah.
Later these two roles (function) of an Islamic leadership became Later these two roles (function) of an Islamic leadership became
separated, one is the separated, one is the UMARA’UMARA’ (Administrative – political leadership) and (Administrative – political leadership) and
the other the other ‘ULAMA ‘ULAMA (Religious leadership - authority). (Religious leadership - authority).
It is the It is the ‘ULAMA , ‘ULAMA , (specifically the (specifically the FUQAHA’ – FUQAHA’ – the jurists-scholars), who the jurists-scholars), who
must remain true (trustworthy) to the legacy of the Prophet must remain true (trustworthy) to the legacy of the Prophet ملسو هيلع هللا ىلصملسو هيلع هللا ىلص and and
be courageous to speak-up independently, advise and, even if need be, be courageous to speak-up independently, advise and, even if need be,
to exhort or warn those who are ruling over the community. to exhort or warn those who are ruling over the community.
Their accountability ultimately is to Allah SWT and His Messenger Their accountability ultimately is to Allah SWT and His Messenger
and not to these rulers nor to whatever written constitution , and not to these rulers nor to whatever written constitution ,ملسو هيلع هللا ىلصملسو هيلع هللا ىلص
formulated by human beings whenever they are opposed to the principle formulated by human beings whenever they are opposed to the principle
teachings of teachings of Ad-Deen Al-IslamAd-Deen Al-Islam..
““The pursuit of knowledge is not carried on without six The pursuit of knowledge is not carried on without six things which I shall inform you through words that are clear: things which I shall inform you through words that are clear: [1] Ingenious acumen, [1] Ingenious acumen, [2] fervent desire, [2] fervent desire, [3] patience, [3] patience, [4] sufficient sustenance, [4] sufficient sustenance, [5] guidance of a teacher, and [5] guidance of a teacher, and [6] length of time.”[6] length of time.”
IN THE NAME OF ALLAH,IN THE NAME OF ALLAH, MOST MOST COMPASSIONATE,COMPASSIONATE,MOST MERCIFULMOST MERCIFUL
Allah SWT says: “ O mankind, worship your Lord (ROBB), who created
you and those before you, that you may become righteous”
(Qur’an: Surah al-Baqarah: 2: 20)
** Note: the first MUROBBI are our Muslim Note: the first MUROBBI are our Muslim parents-guardian; then Asaatizah / Ustaazat etc.parents-guardian; then Asaatizah / Ustaazat etc.
REMEMBER WITH
REMEMBER WITH
MUCH GRATITUDE
MUCH GRATITUDE
“ Educators are like gardeners, the best of them are the local gardeners with the most experience, who have been living with
and nurturing the plants and being the caretaker of its ornaments. Although they are often unassuming by avoiding the gaze of people admiring the garden, yet ignoring them is indeed
ignorant heedlessness, compounded with ingratitude, while preferring others less able over them is injustice ”
'If you are grateful, I will surely increase you [in favour]; but if you deny, indeed, My punishment is severe”
(Qur’an: Surah Ibrahim: 14: 7)
IN THE NAME OF ALLAH,IN THE NAME OF ALLAH, MOST COMPASSIONATE,MOST COMPASSIONATE,MOST MERCIFULMOST MERCIFUL