Shari’ah Flashcards

What are the five historical periods of fiqh?

What are the five historical periods of fiqh?

1. Foundation

2. Establishment

3. Building

4. Flowering

5. Consolidation

What happened during the foundation time period?

• Quran was learnt + understood by companions without grammar

• Companions witnessed he Prophet’s Sunnah (SAW) + shared what they learnt

What happened during the Establishment time period?

• Sahabah were in various parts of the Muslim world + various people would ask them for guidance

• they would refer back to the Quran, Sunnah + Itjihad for their answers

What happened during the building time period?

• First attempt to compile fiqh, scholars received knowledge from the Sahabah + Hadith

What happened during the flowering time period?

• Entire Sunnah was compiled and collected.

• Hadith was collected by the great Imams (Bakhari, Muslim, Malik)

What happened during the consolidation time period?

• Four major Madhabs survived without broken transmission to present day.

• Itjihad beyond the Madhab was dropped

• Comparative fiqh was created

What are the 6 levels of fatwa?

1. Fard → Obligatory

2. Mundoob → Voluntary

3. Mustahab → Preferred

4. Mubah → Permissible

5. Makruh → Disliked

6. Haram → Forbidden

What does Mukalaf mean?

• Someone who is considered accountable / morally responsible.

• Must have reached pubescent, be sane + received the message of Islam

What does ‘matters will be judged by their intentions’ mean?

• Aims to teach sincerity

• It is the foundation of all acts of worship which is the main purpose of humans

• The main goal of a Muslim should be to get their intentions correct

• “I have created not Jinn and mankind that they should worship me.” → Quran 51:56

What does ‘custom has the weight of law’ mean?

• Aims to teach tolerance and respect

• Shari’ah has an open-minded approach to customs and cultural norms

• Custom must be presumed acceptable until proven otherwise

What does ‘certainty will be overturned by doubt’ mean?

• Aims to teach Muslims to have a good opinion about everything

• Creates a positive mindset to deal with challenges in life

• Things should be presumed permissible until proven otherwise

What does ‘hardship must be alleviated’ mean?

• Hardship should be removed and replaced with something better. E.g using alternatives such as shortening prayers when travelling a certain distance

• Important for new/converted Muslims, the transition should be gradual + undemanding

What does ‘harm must be removed’ mean?

• Aims to teach Muslims to identify harms and remove them

• There is no justification for ignoring or tolerating harm

• “Harm will not be done to others, nor will harm be responded by harm.” → Hadith

What are the 5 core maxims?

• Matters will be judged by their purposes

• Certainty will be overturned by doubt

• Hardship must be alleviated

• Harm must be removed

• Custom has the weight of law

What are the 5 maqasid?

• Preservation of religion

• Preservation of life

• Preservation of intellect

• Preservation of family & honour

• Preservation fo wealth & property

What is preservation of wealth & property?

• Creation of lawful wealth, growth & protection

• Islam does not allow Muslims to obtain property wihtout a legitimate reason or proper paperwork.

• God has created laws to regulate transactions between people

What is preservation of honour & family?

• Everything essential to the welfare of the family

• Guarding against social evils is seen as a necessity

• “Those who slander chaste women, indiscreet but believing, for them is severe chastisement (punishment).” → Noor:23

What is the preservation of life?

• Ensuring that we do not place ourselves in harms’ way as well as assisting others

• Islam puts a large emphasis on the sanctity of life + forbids killing or inflicting pain on another human being

• “whoever kills a human being for other than manslaughter or corruption in earth, it shall be as if he had killed all mankind.” → Maa’idah:32

What is preservation of intellect?

• We should continuously seek knowledge + improve our intellectual capacity

• Requires safeguarding our minds from anything that might harm the ability/function of it.

What is preservation of religion?

• Ensuring our families are equipped with enough religious knowledge.

• This is so our Muslim identity will be preserved no matter what

• “And do not abuse those who call upon others beside Allah.” → Al-an’am:108

What is the purpose of the legal maxims?

• Seen as the rules of conduct

• Embody the spirit of the Islamic law

What is the difference between Maqasid and Maxims?

• Maqasid are the objectives of the Shari’ah

• Maxims are the rules of conduct

What does Qiyas mean?

• Analytical reasoning

• includes deriving new laws from old ones

What are the 4 main sources of Shari’ah?

• Quran → Word of god

• Sunnah → Actions & Sayings of the Prophet (SAW)

• Ijma → Agreement of Scholars

• Qiyas → Comparing / Analogy

What is Usul-ul fiqh?

• Explains the origin and nature of Islamic Law as well as the structure of its legal system

• Usul-ul fiqh has been defined as the principles used by the jurists to deduce the practical Shari’ah ruling from their sources

• The purpose of Usul-ul fiqh is to regulate the process of Itjihad (process of making a legal decision)

What does “Nor does he speak from (his own) desire” mean?

• The messenger (SAW) desires only what Allah desires and speaks not from his own wish.

• Abdullah bin ‘Amr said he would record Hadith until the Quraysh discouraged him. When he said this to the Prophet (SAW) he replied: “Write! By He in whose Hand is my soul, every word that comes out of me is the truth.”

What is the difference between Tanzihan & Tahriman Makruh?

• Tanzihan = An act without punishment (closer to mubah)

• Tahriman = Lack of completing an act (closer to haram)

What is Itjihad?

• Applying yourself and applying your knowledge of Islam to arrive at a decision / legal ruling

What does Isnad mean?

• Chain of transmitters

What are the 4 Madhabs?

• Hanafi

• Shafi

• Maliki

• Hanbali

What are issues with Qiyas? (AO2)

• Can be viewed as assuming the word of Allah (SWT)

• Muslims should not derive legal rulings based on assumptions + refer to the sacred text

What is the feminist point of view on Shari’ah?

• Seek full equality of men and women in the personal + public sphere

• They consider halal women wearing bikinis + hijab optional

• “And according to usage, women too have rights over men, similar to the rights of men over women.” → Quran 2:228

What is the Quranist point of view on Shari’ah?

• Quranists reject the Hadith + follow Quran only

• Their argument includes: Hadith is not mentioned in the Quran as a source of Islamic theology & it contains internal errors + contradictions

What is the liberal reformists point of view on Shari’ah?

• Rely on re-interpretation of traditional Islamic scriptures such as Quran, Hadith & Process of Itjihad

• Some reformers wanted to abandon taqlid and emphasise Itjihad

• Some Muslims have made new versions of Itjihad which emphasises moral values over traditional methods

What is Makruh Tanzihan?

• An act without the promise of punishment. Closer to Mubah (unlawful)

• E.g. wasting water whilst performing Wudhu

What is Makruh Tahriman?

• Abstaining from an act that contains speculative proof. Closer to haram

• E.g. delaying Asr prayer until the sun changes its colour

What is Makruh + what are the two types?

• Makruh = to dislike/detest. It refers to an act that is disliked within Shari’ah & Sunni and Shia Islam

• Two types are: Makruh Tanzihan & Makruh Tahriman

What proof supports the critics of Sunni/Shia Makruh?

• A narration from Ibn Umar, of a man who asked the Prophet (SAW) if he eats lizards. He said that he would not eat it but it is not prohibited, This shows that if it was prohibited, he would have said so and that it was just his personal preference.

What are two critics of Sunni/Shia Makruh?

• If one jurist declares something as Makruh, it does mean that it is accepted by Shari’ah. It is just the belief of one jurist.

• The Prophets and messengers of God were only sent to convey the religion. The personal disliking of the Prophet Muhammad (SAW) does not form Shari’ah.

What are three differences between Sunni & Shia Muslims?

1. Shia = Draws Hadith from the Prophet (SAW) + the 12 Imams

   Sunni = Only from the Prophet (SAW)

2. Shia = Qiyas is forbidden

   Sunni = Qiyas is not forbidden

3. Shia = Every consensus from the Fuqaha

   Sunni = The Fuqaha consensus is acceptable