Browsing: Principles of Fiqh

Principles of Fiqh

Issuing Fatwa on the Ruling of another Madhhab

The default rule for a mufti who is a muqallid is that he does not issue fatwa but on the madhhab of his Imam, according to the principles we discussed from ‘Uqud Rasm al-Mufti. However, that which we outlined in the discussion on taqlid and adopting a madhhab – that [the obligation of] taqlid of a specific Imam is a fatwa based on blocking the means and the interests of the Shari‘ah, in order that people do not fall into following desires, since collecting the concessions [i.e. the easiest positions] of the madhhabs due to desire and whim is prohibited – should not be forgotten. Otherwise, the truth is that all the madhhabs of the mujtahids are interpretations of the Shari‘ah itself, and there is no room to vilify any one of them, because every mujtahid expended all that is in his capacity of effort in arriving at the intent of the texts, and deriving the rules from them.

Principles of Fiqh

The Principle of Blocking the Means

The ummah have agreed that when an abomination is attached to a permissible or desirable action and it becomes a means to disobedience or innovation, even though that is not the intention and objective of the doer, it is obligatory to remove this disobedience whatever it may be. Thereafter, they differed: Some of them said: This desirable act should be totally abandoned in order to block the means to disobedience and to sever the substance of innovation in the religion. And some of them said: This abomination is removed, and a recognised desirable act is not abandoned for its sake.
The Hanafis, Malikis and Hanbalis have inclined to the first [view]. Their proof is in His (Exalted is He) statement: “O you who believe, do not say ra‘ina, but say unzurna,” (Qur’an 2:104).

Principles of Fiqh

Background and Methodology of the Deoband Seminary

This humble servant offers the greeting of Islam before this esteemed audience. Allah – Exalted is He – preserve you. We have sensed from you signs of nobility and interest in our condition. We feel an Islamic uprising turning towards us and you, and indeed we are needier of you than you are of us.
These are my teachers, my elders and my treasures before Allah in my day and my morrow. They asked me to extend gratitude to you for your generosity and for honouring us by your blessed presence. May Allah reward you and us, and elevate your ranks in religion, the worldly life and the afterlife. O Allah, accept! From Him we seek assistance.
Mawlana! Our story is a mixed story, and one part leads to the memory of another part. These lands of ours are a long distance away from the lands of Islam like Iraq, Sham and Egypt, so the symbols of Islam here are weak and the lighthouses of knowledge are hidden, except what Allah wills and who He wills, and these are few.
This group of ours is a group walking along an ancient path, not a new one. Our chain in religion is connected to the great fountainhead, the luminous moon, the famous imam, the great Shaykh Waliullah ibn ‘Abd al-Rahim al-Faruqi al-Dahlawi. The condition of the shaykh is more manifest than needs mentioning, for his writings have spread to the east and the west. However, some of the conditions of the shaykh need verbal retelling as do events I have received from our mashayikh.

Principles of Fiqh

The Concept of Bid’ah in the Shari’ah

The upshot is that legal bid’ah is an invented matter which does not have substantiation from the four sources of the religion, while believing it to be from the religion, and something in which one expects to be rewarded from Allah and gain good deeds. According to this, whatever the Lawgiver commanded as an obligation or recommendation of seeking knowledge, memorising it, spreading it, supporting the religion, defending it, purifying the souls and refining them, if its compliance in this age is dependent on acquiring the ways and means which the predecessors (salaf) could do without, due to reasons and states specific to them, like the composition of the sciences and compilation of books, building schools in specific ways etc. taking up these means is not from legal bid’ah.


The Condition of Pride in Isbal

In regards to wearing trousers below the ankles (isbal) it is mentioned in a hadith in Sahih al-Bukhari and Sahih Muslim that the Messenger of Allah (Allah bless him and give him peace) said that [on the day of judgment] Allah Most High will not look with mercy towards the person who lowers his izar (lower garment) with pride. The limit of this lowering [of one’s lower garment below the ankles] is mentioned in a second hadith in which the Messenger of Allah (Allah bless him and give him peace) said that [the portion of] the lower garment that is below the ankles is in hellfire. This hadith has been related by al-Bukhari.

Principles of Fiqh

Principles of Deobandi Fiqh

Firstly, it is essential to reiterate the fact obvious to anyone who studies the works of senior Deobandi scholars that their beliefs and practices are in complete conformance to the teachings of the Qur’an, the hadiths and Hanafi fiqh. Their suluk and tasawwuf is also according to the Sunnah. They are staunch Hanafis and high calibre Ahl al-Sunnah. None of their beliefs are against the Qur’an and hadiths, nor are any of their rulings against Hanafi fiqh. Deobandiyat is not a separate tract (maslak); in this era it is synonymous to the tract of the Ahl al-Sunnah wa ‘l-Jama’ah…