Interpretation of Ayat al-Ahkam - 1 Study Notes

Course Introduction: Objectives and Curriculum

The course "Interpretation of Verses of Rulings (1)" at the International University of Africa is designed to provide Level 3, Semester 6 students with an exhaustive understanding of the legal verses within the Holy Quran. The core objectives include familiarizing students with the primary sources of legal exegesis, both classical and modern, and understanding the methodologies employed by jurists (Fuqaha) to derive legal rulings (Ahkam) and benefits from the text. Specific areas of focus include the rulings on worship, family law, clothing, adornment, and the concept of Muwalah (alliance). The curriculum is structured around twelve primary topics: Surah Al-Fatiha, the orientation toward the Kaaba, verses concerning magic, fasting, Zakat, Hajj and Umrah, the sa'i between Safa and Marwa, the permitting of good things and prohibition of evils, the prohibition of allying with disbelievers, fighting during the sacred months, family law, and clothing and adornment.

Fundamental References in Legal Exegesis

The primary reference for this course is Rawa'i al-Bayan: Tafsir Ayat al-Ahkam by Al-Sabuni. Additionally, the course draws from a wide array of specialized sectarian references including:

1. Hanafi School: Ahkam al-Quran by Al-Tahawi (d. $321\,H$), Ahkam al-Quran by Al-Jassas (d. $370\,H$), and Al-Muhit al-Burhani by Al-Marghinani (d. $616\,H$).
2. Maliki School: Ahkam al-Quran by Ibn al-Arabi (d. $543\,H$), Bidayat al-Mujtahid by Ibn Rushd (d. $595\,H$), and Al-Jami' li Ahkam al-Quran by Al-Qurtubi (d. $671\,H$).
3. Shafi'i School: Al-Hawi al-Kabir by Al-Mawardi (d. $450\,H$), Ahkam al-Quran by Ilkiya al-Harrasi (d. $504\,H$), and Mughni al-Muhtaj by Al-Shirbini (d. $977\,H$).
4. Hanbali School: Al-Mughni by Ibn Qudamah (d. $620\,H$), Al-Mubdi' by Ibn Muflih (d. $884\,H$), and Sharh al-Mumti' by Ibn Uthaymeen (d. $1421\,H$).

Definition and Scope of Ayat al-Ahkam

Ayat al-Ahkam are defined as the Quranic verses that encompass legal rulings pertaining to the interests of servants in both their worldly and hereafter lives. They are verses from which of Fiqh rulings can be derived either through direct text or inference. Scholars vary as to the exact number of these verses; some suggest there are $500$ verses, others say $200$, and some suggest $150$. Those who favor the count of $150$ typically refer to verses containing direct, explicit rulings, though others argue that even parables and stories in the Quran contain inferred legal weight. Historically, Muqatil bin Sulayman (d. $150\,H$) was among the first to isolate these verses, followed by Imam Al-Shafi'i in a work attributed to him by Al-Bayhaqi. Modern contributors include Muhammad Salih ibn Uthaymeen and Muhammad Ali al-Sabuni.

Unit 1: Surah Al-Fatiha and its Legal Rulings

The first ruling concerns the Basmala ($\text{In the Name of Allah, the Most Gracious, the Most Merciful}$). While scholars agree it is part of a verse in Surah Al-Naml, they disagree on its status in the Fatiha and other surahs. The Shafi'i view considers it a full verse of Al-Fatiha and every other surah. The Maliki and Hanbali view holds it is not a verse of Fatiha or other surahs. The Hanafi school adopts a middle position, stating it is a full Quranic verse revealed as a separator between surahs, but not an intrinsic part of Al-Fatiha. Supporting the Hanafi view is a narration from Ibn Abbas stating that the Prophet did not know the end of a surah until "In the Name of Allah…" was revealed. Shafi'is argue based on a hadith that when one reads Al-Fatiha, they should read the Basmala as it is the "Seven Oft-Repeated Verses" and the Basmala is one of them.

Related to this is the ruling on the obligation of reciting Al-Fatiha in prayer. The majority (Jumhur), including Maliki, Shafi'i, and Hanbali schools, argue that reciting Al-Fatiha is a condition for the validity of the prayer, citing the Prophetic statement: "There is no prayer for the one who does not recite the Opening of the Book." Contrastingly, the Hanafi school and Sufyan al-Thawri maintain that the prayer is valid with any Quranic recitation based on the verse: "Recite what is easy for you of the Quran," arguing that the Fatiha specifically is a requirement for perfection but its absence does not nullify the essence of the prayer. Furthermore, regarding the follower's recitation behind the Imam, Hanafis forbid it entirely, Malikis recommend it for silent prayers but forbid it in vocal prayers, and the Shafi'i/Hanbali view mandates it in all prayers based on the general requirement of the hadith.

Unit 2: Orientation Toward the Kaaba

This unit explores the verses transitioning the Qibla from Jerusalem to the Kaaba. The primary legal issue is whether a worshipper must face the exact physical structure of the Kaaba ('Ayn al-Kaaba) or merely its general direction (Jihah). Shafi'is and Hanbalis argue that facing the exact structure is mandatory, as the command is to "Turn your face toward the Sacred Mosque." Conversely, Hanafis and Malikis argue that for those distant from Mecca, facing the general direction is sufficient. They cite the Prophetic tradition: "Between the East and the West is a Qibla." Furthermore, scholars discussed praying on the roof of the Kaaba. Hanafis permit it but discourage it as a lack of etiquette, while Malikis, Shafi'is, and Hanbalis generally regard it as invalid for obligatory prayers because the person is not technically "facing" the structure. Regarding where to look during prayer, Hanafis and Shafi'is prefer looking at the place of prostration (Sujud) to maximize humility, while Malikis argue the worshipper should look straight ahead in the direction of the Qibla.

Unit 3: Fasting (Sawm) Rulings

The rulings on fasting address Surah Al-Baqara verses $183-185$. Scholars agree that Ramadan was made obligatory to replace previous fasts like Ashura or three days per month. Key debates involve the criteria for breaking the fast due to illness or travel. The majority of jurists define the sickness justifying breaking the fast as that which causes significant harm or delayed recovery. Similarly, travel must be of a long distance—Shafi'is and Hanbalis define this as approximately $16\,farsakhs$ (two days' journey), while Hanafis define it as three days' journey ($24\,farsakhs$). Regarding the pregnant or nursing woman who fears for herself or her child, Hanafis require only making up the days (Qada), while Malikis, Shafi'is, and Hanbalis often require a compensatory feeding (Fidyah) in addition to Qada if the fear is specifically for the child. The month is confirmed by the sighting of the crescent by one trustworthy witness for starting the month, while two witnesses are generally required to end the month (Shawwal).

Unit 4: Magic (Sihr) and Sorcery

The reality of magic is a point of contention; the Mu'tazila view it as mere optical illusion and deception without reality, whereas the majority of the Sunnis (Ahl al-Sunnah) affirm its reality, citing verses where magic is used to "separate between a man and his wife." Types of magic include imaginative illusion (as with Pharaoh's sorcerers), astrological influence, and those involving jinn. Jurists disagree on the punishment for a magician: Abu Hanifa, Malik, and Ahmad hold that a magician is an unbeliever and should be executed, while Al-Shafi'i distinguishes between magic involving disbelief (Kufir) and magic that does not, prescribing the death penalty only if the magician admits to a Kufir-level belief or has killed someone using magic. Treating magic through Nushra is permissible if it uses Quranic verses and lawful supplications, but forbidden if it involves counter-magic or demonic aid.

Unit 5: Alliance and Muwalah with Disbelievers

Surah Al-Imran verse $28$ prohibits taking disbelievers as allies (Awliya) instead of believers. This prohibition led to discussions on the legality of seeking assistance from non-believers in war. Malikis generally forbid it, while the majority (Hanafi, Shafi'i, Hanbali) permit it under the conditions of necessity and trust. The concept of Taqiyya (precautionary dissimulation) is also derived from these verses, allowing a believer to outwardly show alliance while the heart remains secure in faith if facing destruction. Furthermore, the use of non-believers in administrative or state positions is generally discouraged or forbidden by many scholars based on the requirement of preserving the authority and dignity of Muslims.

Unit 6: Family Law and Domestic Resolution

Family law verses cover marriage, divorce, and internal friction. Marrying polytheists is strictly forbidden unless they convert. However, marrying women from the People of the Book (Jews and Christians) is permitted by the majority based on the verse in Surah Al-Ma'ida, though Ibn Umar considered it forbidden due to their beliefs in Shirk (polytheism). On the subject of marital discord (Nushuz), if the woman is the one causing it, the Quran prescribes a tiered response: admonishment, shunning in the bed, and finally, a non-painful striking (Darban Ghayra Mubarrih). If the man is the cause of discord or indifference, the solution is reconciliation through compromise. If reconciliation is impossible privately, two arbiters (Hakamain)—one from each family—are appointed. Scholars disagree on whether the arbiters have the inherent power to divorce the couple or if they only serve as mediators who must obtain the husband's permission to finalize a separation. The majority of Malikis and some narrations from Ali bin Abi Talib suggest the arbiters act as judges who can enforce a separation if they see no other path.