The Fiqh Book
BISMILLAHIRRAHMANIRRAHIM
THE FIQH BOOK
THE FIVE PILLARS OF ISLAM
1. Saying with faith ‘La ilahe illallah Muhammadur Rasulullah’ or a bit longer ‘Eshedu ella ilahe illallah wa eshedu anna Muhammadan abduhu wa rasuluhu’.
2. Doing salah five times a day as rasulullah (sas) taught and showed us himself.
3. Fasting – during Ramadan.
4. If we have the means paying ‘Zakat’ and
5. If we are able both bodily and financially doing the hajj.
There are no other farz in Islam. Although jihad is usually regarded as a farz, it is farz al kifaya. When some Muslims do it others may not be required to do it. The Prophet (sas) never imposed jihad on all but rather encouraged his Muslims and made do with only the number who volunteered. There has never been compulsory conscription in Islam.
THE SOURCES OF FIQH
The essential sources of jurisprudence are as follows in descending order:
1. Al-Kitab
2. Al-Sunna
3. Qiyas ul Fuqahah
4. Ijmaa ul Ummah
1. Al-Kitab
This means al-qur’an al kereem. Among the ‘muhkamaat’ verses of the qur’an are verses which command ‘salah’ ‘zakat’ ‘sawm’ and ‘hajj’ but not all the details are given. This makes it necessary for the prophet (sas) to tell us the rest in his own words. The details were given him again by gabrial (as) but was not put in the Qur’an but Allah commanded his prophet to teach them us separately because they could not be taught only by words but by practical example, which the prophet (sas) again learned from gabriel (as). In fact we have proof from hadeeth and the qur’an that anything rasulullah (sas) teaches us and shows us as part of Islam are all wahy to him. Only his words unrelated to faith, ibaadeh, legal matters or morality are his own words which may not be always right. So if he speaks about farming or commerce he is speaking as a man and he said so. So in a hadeeth he says when I give you anything about your religion you must take it from me, if I am talking about worldly things I may not know enough about, I am like one of you.
2. Al-Sunna
This word means a trodden path which is a metaphor for a settled accepted tradition. In Islam it means the commands, recommendations and actual practise of the prophet (sas), which practise is more about religion than otherworldly affairs. Rasulullah (sas) said “If I give you something for your religion you must take it from me, if I talk about something from this world, I am like one of you. Sometimes you know worldly things better than me, in that case my words may not bind you”. (approximate meaning)
We learn about the prophet’s sunna from hadeeth books, which means the hadeeth is a record of rasulullah’s (sas) sunna. Over the first century of Islam perhaps a few thousand reports about the prophet’s (sas) sayings and doings came up among Muslims. Naturally as time went by thousands and thousands of hadiths were floated until a very large and unwieldy as well as unreliable bulk swelled up. Unfortunately the majority did not satisfy many ulama and eventually only a few thousand could pass their scrutiny. But these proved enough to build up the islamic shari’ah. These reliable Hadeeths are graded from the best down as follows:
I. Mutawaatir
II. Muttafaqun aleyh
III. Saheeh
IV. Hasan
V. Dayif
VI. Mawdu
1. Mutawaatir
Mutawaatir means a very reliable Hadeeth coming down from many chains. That rasulullah (sas) was a real person, was born in mecca, was given prophet-hood at 40, that he emigrated to Medina etc, are all Mutawaatir, as are many other features of his biography and the way how he worshipped are all very reliable. But the most reliable hadeeth, the mutawaatir is the qur’an kereem. In fact it is so perfect that doubting it is Kufur.
2. Muttafaqun aleyh
When a hadeeth is contained in exactly or nearly exactly same words in the books of earliest and greatest imams it is called muttafaqun aleyh which means agreed upon.
3. Saheeh
This is the next most reliable category. It can be used to decide legal or ritual matters.
4. Hasan
Hasan is a bit less good than saheeh. If the problem is not too serious a hasan hadeeth can be relied on.
5. Dayif
Not good enough for legal rulings but probably good enough to stimulate piety.
6. Mawdu
Mawdu is a hadeeth which has either such a dubious or broken chain of transmission or the text seems to offend common sense or stronger hadeeths is called a mawdu, an invented hadeeth. These often go into great details of historical events which look very unlikely or prophesy things or praise things and persons which serve the interests of some dubious persons or groups. Sometimes they even describe in very upsetting terms like ‘He (God) became a boy with golden sandals’ etc, silly things, Estagfirullah!
3. Qiyas ul Fuqahah
When a faaqih cannot find the subject of a problem in the qur’an and the hadith he then tries to find some analogy (likeness) between the new problem and another problem solved in the qur’an or in a good hadith, e.g. is blood transfusion halal? In olden times there was no blood transfusion but now there is. Can a muslim receive blood seeing that eating blood is haram? Then the faaqih may say “but pork is haram and still allowed to save life if there is no other food. Since saving life is paramount blood transfusion should be halal.
4. Ijmaa ul Ummah
(But by ummah is not meant all muslims big or small but all competent and interested muslims)
This is the consensus unanimously agreeing on a solution by the great Ulama in an age). Such Ijmaa can be in a single Medhab like Abu Hanafis, Imam Muhammad, Imam Abu Yusuf, all agreeing. Or it can be among all Medhabs like agreeing that men must call Azan even when praying alone.
Other than these four essentials Hanafis include, Urf, which means a useful local tradition which stood the test of time and another source, Istihsan, which means doing the best for somebody in the middle of a situation, seeing that one solution will create less problems and more happiness for all concerned.
OUR GREAT PIONEERING IMAMS
Some Imams did original things rather than imitating old imams. Three kinds of imams did pioneering work (original work).
1. Those who did legal work who defined and detailed the Shari’ah. The four standout with the most lasting success:
A- Imam Abu Hanifa
B- Imam Idris al Shafi’i
C- Imam Ahmad Ibn Hanbal
D- Imam Anas bin Maalik
Seeing that 80% of Muslims are Hanafi today you can say that Abu Hanifa is the most successful. He and his three greatest students Imam Abu Yusuf, Imam Zufar, and Imam Muhammad Ibn Sheyban together developed the hanifa medhab by making many Ijtihads. An Ijtihad means a great successful effort to find a solution to a problem by using all means at hand beginning with the Qur’an and the Hadeeth. Such imams are called Mujtahid which means a man who does Ijtihad. A Mujtahid must be a very great Aalim and also very pious Aalim. All above Imams fit this description.
There has been many other Mujtahid Imams who founded Meshebs but their Meshebs died out. Lastly many great Imams are such competent ones that they can make Ijtihad on their own without necessarily following a Medhab Imam. Imam Muhammad al Ghazaali was such great Imam (an example).
2. Some Pioneering Imams worked the field in theology which in Islam is called Ilim ul Kelaam. These Imams studying the Qur’an and Hadeeth and criticizing the claim of philosophers or scientists define Allah’s attributes using the ayaats of the Qur’an and of the Hadeeth of the prophet. All Sunni Muslims recognize Imam Matureedi and Imam Ash’ari as the two greatest Mutakellim which means Ilmi Kelaam experts. They fought against many philosophers who were influenced by the greek philosophy and especially among them were the Muttazilites who for a while deceived the Abbasid caliphs and used pressure on Sunni Imams to subscribe to their silly philosophical claims about Allah. One such silly claim was that Allah only knew the main parts of things but not the details while Allah says in
“Does not the One Who created know? He is the Subtle and Aware.”
So in practise our Imams in theology are the two Imams above.
3. Third kind of pioneering Imams. These did original work in Tassawuf, the spiritual side of Islam. For quite a few centuries many expert and good Ulamaa were not happy with some claims and practices of the Sufis’, while the Sufis accused them for being narrow minded without insight into Islam’s secrets. Both sides were right in some of their claims and also wrong in others. In some things Ulamaa were the right side, Sufi the wrong and in some other things the Sufis were right, Ulamaa wrong. They had to wait for the likes of Imam Ghazaali who was the first great professor of Islam able not to follow any Mesheb Imam but do his own Ijtihad. The later became a Sufi and in the end built strong bridges between Fiqh, theology on the one side and Tassawuf on the other. Since then good Sufis and good Ulamaa became more agreeing on many matters and in-fact all the greatest Sheikhs of Tassawuf are great Faaqihs as well.
KITAB UL-TAHARA - BOOK OF PURIFICATION
INTRODUCTION
Allah Azza wa Jalla says:
“Indeed Allah loves those who cleanse themselves” (verse no put here)
Cleansing is most precious for the heart, without heart being cleansed cleaning body is just washing your-self for health reasons; it has no value with Allah.
In every sense a Mu’min must be clean inside and out. Religionists who think that neglecting your body by starving it and never washing it and not curing its ailments get these inspirations only from Sheytaan. With such inspirations Sheytan makes them both to come to harm and feel proud as well.
Read if you wish:
“Say: Shall I tell you who are the worst losers as regards the outcome of their deeds? (103)
They are those whose efforts go to waste while they calculate that they are doing nice things (104)
Chapter 18 –
Purification of the heart is only when it is full of purest thoughts, ideas, emotions and intentions and all these are modelled on Allah’s graceful qualities. That is to say in effect a heart is pure only when it is full of Allah and only those things which Allah loves and approves.
1: SUNNAT – Doing is better, not including the farz and wajib, other acts of our prophet (sas) performed, and also commanded us to do.
2: MUSTEHAB – If performed there is no reward, but if not performed then there is no harm in it.
3: MUBAH – (Allowed), when performed there is no reward, and when not done, no harm, e.g., to eat, drink.
4: HARAM – (Don’t do), things that we have been clearly commanded not to do by Allah (ta’ala).
5: MEKRUH – (Better not do), things not liked during worship, like talking whilst performing ablution.
6: MUFSID – (Spoils the act), things that nullify/break an already started act of worship, like the things which nullify prayer, fast. Laughing during prayer or eating/drinking whilst fasting are called mufsid.
FILTH AND FILTHY MATERIALS
In Fiqh terms, filth means some substance or event which makes the believer unable to pray Salah or make Hajj or touch the Qur’an.
- As for substances, these are blood according to Hanafis, semen, any dead bodies and what issue from men and animals from the front or from the back.
- As for events, they are sexual contact when parts touch with or without anything coming out. When one of these are on us or happen to us we must cleanse ourselves in appropriate ways.
1. If our clothes or body or the place we are is filthy we have to remove the filth.
2. If we have a sexual experience we have to wash the whole body. A wet-dream neads purification.
3. If we slumber or sleep laying down we cannot pray without Wudu. Any old Wudu becomes lost but according to Hanafis slumbering firmly seated without falling does not annul any existing Wudu.
Prophets (sas) sleep does not annul his Wudu and that is only for his person because while sleeping he is on Illiyun in divine realms and active.
CLEANING MATERIALS AND METHODS
1. The chief cleansing agent is Water. A body of water to be regarded clean and cleansing must not have any signs of filthy contamination like seeing bits and pieces of filth in it or the water’s colour, taste or smell giving a filthy impression.
But in a big body of Water like a river or a sea or a pool of at least 20 feet in diameter, if an isolated body of filth is found but does not make the whole water impure unless the colour or the smell or the taste is affected.
Such big body of water is called big pond (in Arabic is Al Hawdul Kabeer).
- If some animal especially animals which are inedible and are regarded filthy drown in a well, both the dead animal and enough water should be taken out of the well until the remainder thanks to new water coming in from underground looks free from filth.
- Parts and droppings of edible animals in water do not necessarily make the water impure but it is better to cleanse it more.
2. The second cleansing material is Dry Clean Earth. This can be used to rub off filth from shoes, especially from kitchen utensils from any ground or wall or often solid object like a sword.
The Same Day Earth also is used for Wudu when there is no water. Such special Wudu is called Tayammum.
3. Stones completely desiccated, organic matter found in earth, textiles, etc, can be used to cleanse body parts when water is not available or in short supply.
This is especially the case when you must cleanse parts after going to the toilet. But when you have water which is enough and usable it is the Sunna to use the water above or at least make yourself cleaner with use of water and toilet paper. Modern toilet paper because it is absorbent. It is as good as stones to make Preliminary Purification.
- What makes our body filthy makes also our clothing, the things we have, the place we are, the bed we sleep in, etc, filthy – All them should be cleansed.
- What is not filthy in only a Ritual Sense like, Spittle, Sweat, Mucus, Vomit are not regarded filthy as far as prayers are concerned but they are often regarded filthy by common taste and acumen and should be removed as far as possible.
So when Rasulullah (sas) spat on the ground he rubbed it out under his shoes and asked us to do the same. When you spit somewhere rub it out.
These things do not cancel your Prayer but they are Makruh, you should avoid them.
EDIBLE AND INEDIBLE ITEMS
1. All Sea Animals are edible without the need to cut and kill them unless there are indications that they contain filth or are poisonous.
2. All Hoofed Grazing Animals are Halal to eat except that eating Donkeys and Horses unnecessarily are Makruh.
3. All Predator Animals which eat others like Dogs, Cats, Lions, Hyenas, Snakes, Crocodiles, are Haram to eat except to avoid Starvation.
4. Pigs, and under the opinion of many Fuqaha animals which look disgusting are to be avoided. The Pig is Haram outright, others are Strongly Mekruh. All Filth and Carrion Eating Animals like Rats, Vultures, Crow are Strongly Mekruh.
5. Birds Domesticated and eating mixed food like Hens sometimes eating Mice must first be confined to Clean Food like Grain for several days before eating them.
ISSUES AFFECTING WOMEN
MENSTRUATION
Females begin Menstruating around 10 years of age which continues about 40 years, more or less.
- During this time about every Four Weeks a Tiny Egg is released from the Ovaries. It plants itself inside the Womb Wall where it awaits Male Sperm to come and Fertilise it. If that doesn’t happen then the Egg and the part of the Womb Wall, which produce some flesh to house and feed the Egg, break down and come out in the form of Filthy Blood. This is called Hayd or Menstruation.
- The Bleeding lasts up to 10 Days, 6 being the Average. During this time a woman cannot Pray or Touch the Qur’an or keep her Fasts. She may not also have Sex with her husband.
- After the Blood Stops and she washes herself she can do all these although all Missed Salah she does not have to make up, all Missed days at Ramadan, she must pray (Kaza).
CHILDBIRTH
A similar situation arises after Childbirth for about 40 Days following the Childbirth the woman is Exempt from both Salah and Fasting. But at the end she only pays for Fasting.
In case her Blood does not stop after 10 Days the woman is regarded Clean and she can both Pray and Fast.
If there are irregularities the more Usual Period of Menstruation is taken as basis and any Days in Excess are Disregarded when it comes to Fasting and Praying.
MENS PROBLEMS
The mere stiffening of a man’s Sexual Organ does not constitute Impurity unless Semen comes out.
The clear water which may come out is called Maazi and although it Cancels Wudu it does not cause a Full Wash or Ghusl.
- If a man or woman has an orgasm in sleep then must wash.
TAYAMMUM
Tayammum is replacing Wudu by water by a Modified Wudu with Dry Earth which is Clean.
Tayammum is allowed when Water is Scarce, it will be Dangerous to use up Water for Wudu or the weather is Too Cold and Use will be Dangerous or the Person is
- In these cases one must Dust his Palms and Rub his Face then dust his hands again and on each arm on all sides. Nothing need be done for the feet or any other part.
However as soon as Water becomes Available or Illness or Harm is no more a possibility Wudu by Tayammun is Cancelled and Wudu with Water must be done.
Tayammun also passes for Ghusl when there is no Water or any little Water must be kept for Drinking or when the person if he Washs himself with Water will become