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BackSources of Islamic LawUsool AL-FIQH is based on: Qur’an, Sunnah, Ijmaa\ and Quyaas -The Qur'an is the word of Allah as revealed to His Prophet, Mohammad, peace be upon him,, in Arabic rhyme, whose recitation is used in Salat and other forms of worship, and whose smallest chapter is a miracle in itself. Miracle of the Qur\an 1- Allah in the challenged the Arabs, as well as all mankind saying to the, \"If you are in doubt about that which We have revealed to Our servant, bring one Soorah (Chapter) similar to it.\" (Soorah al-Baqarah:23) 2- The Qur\an contains certain scientific facts which were unknown in those days. For example, Allah says that the chest of the disbeliever becomes tight as if he were ascending upwards into the sky, \"He whom He (Allah) wills to leave astray, He makes his chest tight and compressed as if he were ascending up into the sky.\" (Soorah al-An\aam:125) It was only recently that man discovered that the higher up into the atmosphere he travels, the less oxygen is present. So if one goes up high enough, he will have difficulty breathing and his chest will feel as if it is tightening due to the lack of oxygen. 3- Allah also made the Qur\an very easy to memorize. So easy, that millions and millions of Muslims have memorized it since it revelation. It is no smaller than the New Testament which Christians follow, yet no one has been known to have ever memorized the New Testament. 4- Allah has protected the Qur\an from any change at all. From the time it was revealed until now, it has remained the same. Allah made a promise in the Qur\an at the time of its revelation that He would protect it from change. \"Certainly it is We who revealed the Reminder (Qura\an) and it is indeed We who will protect it.\" (Soorah al-Hajr (15):9) If all other religious books in the world were destroyed, the only book which could be rewritten exactly as it was, is the Qur\an. Examples of Laws Derived from the Qura\n (a) Inheritance If a person dies and leaves behind wealth for his children, it must be divided up amongst his heirs according to some system of rules. The Qur\an provides certain basic laws for the division of inhertance among the relatives of the deceased. Allah says: \"Allah advises you concerning your children\s (inheritance): the male should get a portion equal to that of two females. If there are only daughters, two or more should receive two-thirds of the inheritance and if only one her share is a half.\" (Soorah an-Nisaa\ (4):11) Sunnah The Sunnah refers to the statements, the actions, and the approvals of the Prophet, peace be upon him. What are the statements of the Prophet: An example of this is “The reward of deeds depends upon the intentions” Agreed upon What are the actions: this like what narrated by Al-Sha’abe. The Prophet, peace be upon him, performed Salat (prayer) on a grave of a person after the person was buried, and made four Takberat.” (Muslim). What are the approvals: Umar Ibn Al-A’as said: In a cold night, I had a wet dream, and I was in the battle of That al-Salasel, I feared that I would die if I were to take a Total ablution. Therefore; I performed Tayamom, then I led my companions in the Fajr Prayer. Then I informed the Prophet, peace be upon him. He laughed and didn’t say anything.” (Abu-Dawud) Sunnah is the second fundamental source of divine legislation. Allah ordered us to obey His Messenger orders. Allah the Al-Mighty said:” And obey Allah and the Messenger (Mohammad, peace be upon him, and beware (of even coming near to drinking or gambling or Al-Ansab, or Al-Azlam) and fear Allah. Then if you turn away, you should know that it is Our Messenger’s duty to convey (the Message) in the clearest way.” (5:92) Allah the Al-Mighty says:” He who obeys the Messenger (Muhammad, peace be upon him), has indeed obeyed Allah, but he who turns away, then we have not sent you (O Muhammad, peace be upon him) as watcher over them.” (4:80). Allah the Al-Mighty says:” … And if you differ in anything amongst yourselves, refer it to Allah and His Messenger..” (4:59) Allah the Al-Mighty says:” And whatsoever the Messenger (Muhammad) gives you take it, and whatsoever he forbids you, abstain (from it)…” (59:7) Narrated Abu Hurairah, may Allah be pleased with him: Allah’s Messenger, peace be upon him said,” Whoever obeys Me, he obeys Allah and whoever disobeys me, he disobeys Allah…” (Al-bukhari, Vol. 9, No. 251) Ijmaa\ Ijmaa’ is the consent of all Muslim Mujtahidun on a legal question. A Mujtahid is a Muslim divine of the highest degree of learning. (A Dictionary of Islamic Terms. By deeb Al-Khudrawi) Allah the Almighty said:” And whoever contradicts and opposes the Messenger (Muhammad, peace be upon him) 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!” The Prophet, peace be upon him, said:” My nation never agrees on falsehood.” (At-Termeede) Examples of Laws drived by Ijmaa’ Ijmaa’ based on the Qur’an: Scholars agreed on forbidding to marriage from your grandmother. Allah the Almighty said:” Forbidden to you (for marriage) are: your mothers.” (4:23). Ijmaa’ based on the Sunnah: Scholars agreed on forbidding a marriage that brings together a women and her aunt, or her brothers’ daughter, or her sisters’ daughters. The prophet, peace be upon him, said:” Never second marry over married women over her aunts, nor over her brothers’ daughter, nor over her sisters’ daughter.” (Muslim and others) Collection of the Qur’an: Due to the increase of death of the reciters of the Qur’an in battles, Umar bin Al-Khtab, may Allah be pleased with him, suggested to gather the Qur’an in one book and Caliph Abu Baker, may Allah be pleased with him, and Sahabah agreed with him. Qiyaas Qiyaas by definition means to assess and equate; however, the term is used in Fiqh (Islamic Jurisprudence terminology) to mean “The equation of a branch to a root in a ruling due to a reason that is common between the two of them.” Examples of Qiyaas: Sunnah: A woman asked the Prophet, peace be upon him, If she can observe Saum (fast) on behalf of her dead mother who died before fasting her missed days of Ramadan. The Prophet, peace be upon him, said,” If you paid a debt on behalf of your mother, would this clear her debts.” She said: Yes. He, peace be upon him, said:” Then fast on behalf of your mother.” (Al-Bukhari and Muslim) Drugs: Morphine, codeine, heroin... And other such drugs are prohibited by scholars. Such drugs depresses the central nervous system and cause reduced consciousness, stupor, and possibly death. The Prophet, peace be upon him, said,” Every intoxicant is Haram.” (Al-Bukhari and Muslim). This Hadith is about prohibition of alcoholic drinks. If we go back to the definition of Qiyaas. The common element between drugs and alcoholic drinks is that both cause loss of consciousness, stupor, and possibly death. Through Qiyaas the ruling for drugs has become the same as that of alcohol due to the common reason, or wisdom. |
Today's Hadith
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Fasting Day
Teshreeq Day
