Basic Rulings and Foundations of Fiqh pdf download

Basic Rulings and Foundations of Fiqh

BASIC RULINGS AND FOUNDATIONS OF FIQH

Principle One

The first principle is entitled:

The Lawgiver orders only that which is a purely beneficial (i.e. no evil therein) or predominately beneficial (meaning its benefits exceeds any evil therein). The Lawgiver forbids only that which is purely evil or predominately evil (i.e. the good is negligible when compared to the evil), giving precedence to warding off the evil.

Qur’anic Foundation for Principle One

This foundation comprises the entire shari’ah. Nothing is irregular when considered using this foundation. There is no differentiation, whether this foundation refers to the rights of Allaah or the rights of His slaves. Allaah (subhannahu wa ta’ala) said (in the translation of the meaning):

«Verily, Allaah enjoins al-‘Adl (i.e. justice) and al-Ihsaan, and giving (help) to kith and kin and forbids al-Fahsha (i.e all evil deeds), and al-Munkar (i.e. all that is prohibited), and Al-Baghye (i.e. all kinds of oppression), He admonishes you, that you may take heed.» Surah an-Nahl (16:90)

From this ayah, it is clear that there is no justice or goodness, except that Allaah orders it. Similarly, there is no evil or munkar related to the rights of Allaah and no transgression nor oppression related to the rights of people, except that He forbade it.

This is where this foundation is deducted from.

Also, Allaah said in the Qur’an (in the translation of the meaning):

«Say (O Muhammad: sallallaahu ‘alayhi wa sallam): My Lord has commanded justice and (said) that you should face Him only (i.e. worship none but Allaah and face the Qiblah, i.e. the Ka’bah at Makkah during prayers) in each and every place of worship, in prayers and invoke Him only making your religion sincere to Him» Surah al-‘Araf (7:29)

As such, this verse comprises the basic foundations regarding the commands and reminds us of their goodness. Similarly, the following verse comprises the basis of all the prohibitions while commanding us to say away from them, stating (in the translation of the meaning):

«Say (O Muhammad: sallallaahu ‘alayhi wa sallam): “(But) the things that my Lord has indeed forbidden are al-Fawahish (great evil sins, every kind of unlawful sexual intercourse, etc.) whether committed openly or secretly, sins (of all kinds), unrighteous oppression, joining partners (in worship) with Allaah for which He has given no authority, and saying things about Allaah of which you have no knowledge.”» Surah al-‘Araf (7:33)

This verse begins by describing those acts that are lesser in gravity, continuing on to those that are the highest in magnitude and forbiddance.

In addition, Allaah said the following verse (in the translation of the meaning):

«O you who believe! When you intend to offer as-Salaat (the prayer), wash your faces and your hands (forearms) up to the elbows, rub (by passing wet hands over) your heads, and (wash) your feet up to ankles.

 If you are in a state of Janaaba (i.e. had a sexual discharge), purify yourself (bathe your whole body).

But if you are ill or on a journey or any of you comes from answering the call of nature, or you have been in contact with women (i.e. sexual intercourse) and you find no water, then perform Tayammum with clean earth and rub therewith your faces and hands. Allaah does not want to place you in difficulty, but He wants to purify you, and to complete His Favor on you that you  may be thankful.» Surah al-Ma’idah (5:6)

After mentioning the command that when one wants to perform the salaah that he must make wudhu with water if it is available or otherwise clean earth, Allaah tells us that His magnificent commands, which are from His greatest favors, are not meant to be difficult but to provide good for us and to purify us.

Furthermore, contemplate His saying in Surah al-Isra (in the translation of the meaning):

«And your Lord has decreed that you worship none but Him. And that you be dutiful to your parents. If one of them or both of them attain old age in your life, say not to them a word of disrespect, nor shout at them but address them in terms of honor.» Surah al-Isra (17:23)

In the same Surah, Allaah affirmed (in the translation of the meaning):

«This is (part) of al-Hikmah (wisdom, good manners and high character, etc.) which your Lord has inspired to you» Surah al-Isra (17:39)

To fully understand this verse, we must look at the preceding verses. Allaah said (in the translation of the meaning):

«And kill not your children for fear of poverty. We provide for them and for you. Surely, the killing of them is a great sin.

And come not near to the unlawful sexual intercourse. Verily, it is a Faahishah [i.e. anything that transgresses its limits (a great sin)], and an evil way (that leads one to Hell unless Allaah forgives him). And do not kill anyone which Allaah has forbidden, except for a just cause.» Surah al-Isra (17:31-33)

Allaah continued by affirming (in the translation of the meaning):

«And come not near to the orphan’s property except to improve it, until he attains the age of full strength. And fulfill (every) covenant. Verily! the covenant, will be questioned about. And give full measure when you measure, and weigh with a balance that is straight.

That is good (advantageous) and better in the end. And follow not (O man i.e., say not, or do not or witness not, etc.) that of which you have no knowledge (e.g. one’s saying: “I have seen,” while in fact he has not seen, or “I have heard,” while he has not heard).

Verily! The hearing, and the sight, and the heart, of each of those you will be questioned (by Allaah). And walk not on the earth with conceit and arrogance. Verily, you can neither rend nor penetrate the earth, nor can you attain a stature like the mountains in height.» Surah al-Isra (17:34-37)

Allaah then concluded with this comprehensive statement (in the translation of the meaning):

«All the bad aspects of these are hateful to your Lord.» Surah al-Isra (17:38)

We now end with the statement with which we began.

«This is (part) of al-Hikmah (wisdom, good manners and high character, etc.) which your Lord has inspired to you» Surah al-Isra (17:39)

Contemplate these verses, the commands: their utmost beauty, justice, and general goodness and benefits. And contemplate these prohibitions: the harm, evil, and mischief that can not even be enumerated. This is one of the greatest miracles of the Qur’an and of the Messenger ( sallallaahu ‘alayhi wa sallam).

«And the slaves of the Most Beneficent (Allaah) are those who walk on the earth in humility and sedateness, and when the foolish address them (with bad words) they reply back with mild words of gentleness. And those who spend the night before their Lord, prostrate and standing. And those who say: “Our Lord! Avert from us the torment of Hell. Verily! Its torment is ever an inseparable, permanent punishment.”» Surah al-Furqan (25:63-65)

Allaah continued by stating (in the translation of the meaning):

«And those, who, when they spend, are neither extravagant nor niggardly, but hold a medium (way) between those (extremes). And those who invoke not any other ilah (god) along with Allaah, nor kill such life as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace;

 Except those who repent and believe, and do righteous deeds, for those, Allaah will change their sins into good deeds, and Allaah is Oft-Forgiving, Most Merciful. And whosoever repents and does righteous good deeds, then verily, he repents towards Allaah with true repentance.

And those who do not witness falsehood, and if they pass by some evil play or evil talk, they pass by it with dignity.

And those who, when they are reminded of the ayat (proofs, evidences, verses, lessons, signs, revelations, etc.) of their Lord, fall not deaf and blind thereat

. And those who say: “Our Lord! Bestow on us from our wives and our offspring who will be the comfort of our eyes, and make us leaders for the Muttaqun”

 Those will be rewarded with the highest place (in Paradise) because of their patience. Therein they shall be met with greetings and the word of peace and respect.» Surah al-Furqan (25:67-75)

Also, in Surah al-Mu’minun, Allaah began the Surah with (in the translation of the meaning): «Successful indeed are the believers.» Surah al-Mu’minun (23:1)

Allaah then described the qualities of the believers (in the translation of the meaning):

«Those who offer their Salaat (prayers) with all solemnity and full submissiveness. And those who turn away from Al-Laghw (dirty, false, evil vain talk, falsehood, and all that Allaah has forbidden). And those who pay the Zakat. And those who guard their chastity (i.e. private parts, from illegal sexual acts) Except from their wives or (the captives and slaves) that their right hands possess, for then, they are free from blame; But whoever seeks beyond that, then those are the transgressors;

Those who are faithfully true to their Amaanat (all the duties which Allaah has ordained, honesty, moral responsibility and trusts etc.) and to their covenants; And those who strictly guard their (five compulsory congregational) Salawaat (prayers) (at their fixed stated hours).

These are indeed the inheritors. Who shall inherit the Firdaus (Paradise). They shall dwell therein forever.» Surah al-Mu’minun (23:2-11) Furthermore, in Surah al-Ahzab,