Sharh Al-Waraqat – Book Sampe
TABLE OF CONTENTS- Sharh Al-Waraqat
- IMPORTANT TERMINOLOGY ……. 4
- FOREWORD …….. 1
- THE DIFFERENCE BETWEEN LAW AND LEGAL METHODOLOGY … 15
- TYPES OF REVELATORY RULINGS: …… 16
- TYPES OF KNOWLEDGE: …… 29
- SUBDIVISIONS OF THE DISCIPLINE: …. 32
- USING LANGUAGE IN ITS LITERAL AND FIGURATIVE SENSES… 34
- TYPES OF SPEECH
- COMMANDS AND PROHIBITIONS…… 42
- THOSE WHO ARE INCLUDED IN THE AUDIENCE OF COMMANDS AND PROHIBITIONS AND THOSE WHO ARE NOT …. 44
- GENERAL AND SPECIFIC UTTERANCES …… 47
- GENERAL AND SPECIFIC UTTERANCES AND THEIR TYPES … 47
- CLEAR (MUBAYYAN) AND UNCLEAR (MUJMAL) EXPRESSIONS… 55
- THE LEGAL IMPLICATIONS OF PROPHETIC ACTIONS …. 57
- ABROGATION 60
- TYPES OF NASKH IN TERMS WHAT GETS ABROGATED:…. 62
- TYPES OF NASKH IN TERMS SOURCE FOR ABROGATION: …. 63
- DECODING APPARENT CONFLICTS RECONCILIATION VS. PREPONDERANCE
- CONFLICT AND PREPONDERANCE …… 65
- SCHOLARLY CONSENSUS…… 68
- TRANSMITTED REPORTS
- WORDING OF TRANSMITTED REPORTS: …… 72
- PROHIBITION, PERMISSION, AND THE PRESUMPTION OF CONTINUITY.. 77
- PRIORITIZATION OF EVIDENCES AND PROOFS:…. 77
- INDEPENDENT INTERPRETATION & FOLLOWING QUALIFIED SCHOLARSHIP .. 79
- IJTIHAD, GIVING FATWA ……. 79
- FOLLOWING…….. 84
- DILIGENT INQUIRY (IJTIHAD -…… 87
- APPENDIX 1: HADITH CLASSIFICATION …… 89
- COMPONENTS OF HADITH…… 90
- CLASSIFICATIONS OF HADITH…… 90
- REFERENCES: …….. 97
Usul al-Fiqh is a science dealing with Islamic jurisprudence and encompasses knowledge and skills required of Muslim jurists in deducing rulings. It elaborates the correct methodology, sources of guidance and approach that is required to be followed in the process.
These requirements and etiquette set standards for an answer, hukm or fatwa being sound, valid and acceptable to follow, minimizing the potential for errors. If the correct methodology of Usul Al-Fiqh is not followed, it results in misguidance and deviant ideologies such as that of Khwarij, Rawafidh, and the likes.
Just as rules of grammar protect those who follow them from mistakes in expressions, jurisprudence sets standards for interpreting legal texts and making legal arguments which, when followed correctly, protect from making mistakes in arriving at legal rulings. Imam al- Juvaini, in Al-Waraqat, gives a primer on basics of Usul al-Fiqh with regards to what it encompasses, the rules for interpreting Quran and Sunnah and tools that are available for mujtahids to utilize in their interpretation of sacred texts and deducing rulings.
Commentary aims to elaborate key concepts mentioned in this book while keeping in consideration that this book is intended for beginners and those who have just started their journey to learn the wonderful field of Usul al-Fiqh.
About the Author of al-Waraqat
Al-Juwayni was born in 1028 BC in a village on the outskirts of Naysabur called Bushtaniqan, Iran, he was a prominent Muslim scholar who was known for his gifted mind on Islamic legal issues. Al-Juwayni was born into a legal family.
His father Abu Muhammad ‘Abdallah b. Yusef al-Juwayni was a well-known lawyer in the Shafi’i community as well as a Shafi’i teacher, and his older brother, Abu’l-Hasan ‘Ali al-Juwayni, was a Sufi teacher of hadith. Al-Juwayni grew up in Naysabur, an intellectually flourishing region that attracts academicians.
At that time, the teachings of the Shafi’i school were closely related to Ash’arite theology, which al-Juwayni wanted to study for a few years after his father’s death. At this point, he took over from his father and began his teaching career at the age of just 19.
Al-Juwayni traveled to Mecca and Medina in search for knowledge. He taught and studied for four years in Hijaz. During this time, al-Juwayni became very popular due to his father’s importance in the scientific world and his exile. He gained a large following and was invited to Nishapur by the founder of Shafii Madrasa, Khwaja Nizam al-Mulk. Upon his return, Juwayni was appointed to teach the doctrine of the Ash’arites at the Nizamiyya Madrasa until his death in the year 1085 BC.
Al-Juwayni has spent his life studying and producing influential treatises within the Muslim jurisprudence. Most of his works (below) are believed to date from the period after his return from Mecca and Medina. Al-Juwayni was the teacher of one of the most influential scholars in the Islamic tradition, especially Sufism: Al-Ghazali.
Some of his works in fiqh, usûl, kalām
- Ghiyath al-Umam
- Mughith al-Khalq
- Nihaya al-Matlab fi Diraya al-Madhhab (“The End of the Search for School Knowledge [Shafi’i]”), his magnum opus, which Ibn ‘Asakir said had no precedent in the Islam
- Mukhtasar al-Nihaya.
- Kitab Al-Irshad Ila Qawatis Al-Adilla Fi Usul al-I’tiqad, also known as Al-Irshad in short
- al-‘Aqida al-Nizamiyya
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