The Principles and Codes of law in Hanafi Fiqh pdf

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Table of Contents – THE PRINCIPLES AND CODES OF LAW IN HANAFI FIQH

• THE PRINCIPLES AND CODES OF LAW IN 1
• HANAFI FIQH 1
• Preface:  16
• About the Book 17

CHAPTER ONE 18

• What is Fiqh? 18
• The Definition of Fiqh  19
• The reality of Tafaqquh-fi-Deen (in-depth understanding in Deen)
• Fiqh is amongst the most difficult and delicate from the other faculties and sciences (of Deen)  20
• Fiqh is not the mere superficial reading of kitaabs 20
• The rank and acceptance of the Fuqahaa  21
• It is impermissible to make any criticism on a Mujtahid by means of Usool-e-Fiqh 22
• The status and ranking of Usool-e-Fiqh 23
• The difference between the Usools of the earlier Mujtahiddeen and the latter  23
• If there is any doubt in the Masaa`il enumerated by the Mujtahiddeen, then we are not responsible for it  24
• The ruling regarding the proclaimed laws of the Fuqahaa 24
• The difference between the Fuqahaa and Muhadditheen 25
• The rank and status of the Fuqahaa and Muhaqqiqeen 25
• The comparison between the Fuqahaa and us 26
• CHAPTER TWO 27

THE DISCUSSION ON THE PROOFS OF THE SHARIAH  27

• There are four proofs of the Shariah 27
• PART ONE – IJMA 27
• The proof and evidence for Ijma  27
• The reality of Ijma  27
• Zanni Ijma  28

• Definition of Qiyaas 28
• An example of Qiyaas 29
• The ruling regarding when to make Qiyaas and when not 29
• Do the angels also make Qiyaas?  29

PART 3 – THE DISCUSSION ON RECOGN`AINIBLE KNOWLEDGE 30

• The reality of Ilm-e-I`tibaari  30
• The different types of Qiyaas – Tafaawul, I’tibaar Ta’beer 31
• The difference between Fiqhi Qiyaas and Qiyaas-e-Tasarrufi and their respective rulings 31
• The Qur`aanic proof for Ilm I’tibaar 32
• An example of Ilm-e-I’tibaar  32
• The proof for Ilm-e-I’tibaar (Qiyaas-e-Tasarrufi) 33

PART 3 – THE DISCUSSION ON ILLAT AND HIKMAT  34

• To extract the illat of a ruling through Ijtihaad and then to make it causative is permissible 34
• Who has the right to extract an illat and on what occasions?  34
• Not every person has the right to extract illats 35
• It is not correct for every person to ask the illat of a ruling  36
• It is improper to discuss the illats of the various Shar`i laws with the masses 36
• The Fiqhi ruling regarding the underlying mysteries of rulings 37
• The difference between illat and hikmat 37
• The proof of rulings not being based on the hikmat 38
• The mansoos hikmat is also not the basis of the ruling  39
• The clear distinction between illat and hikmat with examples  39
• The status of the illats mentioned in the Qur`aan Majeed  40
• The preferred view regarding research into the underlying mysteries of rulings 40

PART 5 – THE DISCUSSION ON ZANN  41

• The various meanings of zann 41
• The Shar`i definition of zann and its proof  42
• Places and junctures where zann is taken into consideration 42
• Rulings can be based on zann-e-ghaalib and not on imagined issues  42
• The requirement of being zanni 43
• The final state of husn-e-zann (good opinion)  43
• The standard (yardstick) by which zann is classified as praiseworthy or censured and acceptable or unacceptable  43
• The types of zann and their rulings 44
• The ruling on having ill-feelings in transactions 45
• The proof of considering contexts  45
• PART 6 – The Shar`i status and ruling regarding the information given by witchcraft, jadoo, jinnaat, soothsayers, etc  45
• The ruling regarding tasarruf, sihr, amaliyaat and taawizaat  46
• The rulings of dreams and states of ecstasy  47
• The ruling of kashf 48
• Two types of kashf-e-quloob and the ruling of Masaa`il-e- kashfiya  48
• The ruling of firaasat (insight/sagacity/intuition) 49
• The reality of Ilm-e-Qiyaafah and its ruling  49
• The ruling of Ilhaam and kashf  49
• The ruling of a weak Hadith 50
• The ruling of idraak  50
• The ruling regarding the Shariahs before us  50
• CHAPTER THREE  51

THE TYPES OF AHKAAM (RULINGS) 51

• Insofar as being proof and evidence, there are three types of rulings 51
• The difference between Ahkaam-e-Zawqiya and Ijtihaadiya and their respective rulings 51
• The basis of the rulings of Ijtihaad and zawqiyah 52
• The second type of ruling 52
• There are two types of rulings with regard to their order/arrangement, asli and aardhi  52
• The proof of the stated ruling  53
• Two types of masaa`il: qat`iyah and zanniyah 54
• Details on the masaa`il of qat`iyah, zanniyah and ijtihaadiyah and their respective rulings 54
• Occasions where dalaa`il-e-sam`iyah and naqliya are applicable55 What types of proofs are required for aqaa`idi-e-qat`iyah and zanniyah  55
• The two types of Wujoob – Waajib biz Zaat and Waajib bil Ghair
• Proof and example  56
• Miscellaneous 57
• A necessary defence becomes Waajib  58
• Proof with example 58
• A ruling is based on greater circumstances and not on unique ones
•  58
• Rulings are based on the greater consideration  59
• The majority (greater) is ruled as being all  59
• The actual state of Shar`i rulings 60
• Rulings in the Shariah are based on effects and not merely causes
• Asbaab-e-yaqeeniya 68
• Asbaab-e-zanniya  68
• The types and rulings regarding tadbeer 69
• CHAPTER FOUR  70

MISCELLANEOUS LAWS  70

• The ruling and explanation of alaahum falaahum  70
• HUQOOQUL IBAAD (rights of people) PRECEDES HUQOOQULLAAH (rights of Allaah Ta`ala)  71
• Explanation of this rule 71
• The explanation of intending one act of obedience in another act of obedience and the explanation of the Hadith
• The rendering of an act Halaal or Haraam is not only based on its benefits 60
• Two stages of permissibility 61
• There is wujoob in the asl ruling  61
• Regarding present-day, is permission the asl or Hurmat  62
• Is it better to practice on azeemat or rukhsat 62
• Two types of opting for concessions  63
• CHAPTER FOUR  63

THE DISCUSSION ON MAKING RULINGS MUKALLAF 63

• Every level of intelligence is not sufficient for takleef (refers to persons being bound to the Shariah) 63
• Three categories of people insofar as their being mukallif 64
• Takleef is based on the intelligence and not on perception  64
• Regarding the kuffaar being mukallif on the furoo`aats (practical tenets of Deen) 65
• Will the kuffaar be punished for leaving out the furoo`aat 65
• Are the kuffaar mukallif of the prohibitions or not? 67
• CHAPTER 3 67

THE TYPES AND THE RULINGS REGARDING

• TAWAKKUL (trust in Allaah Ta`ala) AND ASBAAB (opting for the means)  67
• The two types of tawakkul  67
• The two types of asbaab 68
• To make an act of ibaadat a means of worldly benefit  77
• The ruling of Daf`e Mudharrat wa Jalb-e-Manfa`at (avoid harm and attract benefit)  78
• The ruling regarding choosing between ahwanud dararain (the lesser of the harms) 78
• The difference between no benefit and harm  79
• The ruling regarding choosing the lighter of the two evils (Akhafful Mufsadatain) 79
• The combination of Halaal and Haraam is Haraam 80
• It is impermissible to thwart one sin with another 80
• It is permissible to make one act of obedience a means for another act of obedience 81
• Can something which is not recorded be used as a proof or not? 81 The explanation of the ruling that the more difficult a thing is, then more rewarding it will be 81
• A sabab (cause) is sometimes the result of a musabbab  83
• Is nafa` laazim (necessary benefit) better or nafa` muta`addi (causative benefit)?  83
• Nafa` laazim is in itself an objective and the nafa` muta`addi is an objective by request (secondary)  84
• 6

• A verbal form of reformation (islaah) is not sufficient for an active (practical) fasaad (act of immorality/mischief), in fact practical reformatory steps and propagation are essential  85
• The medium and cause of sin is also sinful 85
• Those things which are ambiguous and unclear, leave them as ambiguous  85
• The ruling and explanations of two qiraats (modes of recitation) being deemed as two separate Aayats 86
•  (A thing, when it is established, then it is established with its corollaries – necessary attachments)
• The ruling of hasanaatul abraar sayyi`aatul muqarrabeen (The good actions of the pious are “sins” for those very close to Allaah Ta`ala)  88
• Those acts which are a result of some (esoteric) state brought on by (ensues from) Shaari` are not mashroo` — such states were also experience by the Ambiyaa (alaihimus salaam) and kaamileen (perfect ones) 89
• An important fiqhi rule  91
• Another example 92
• Further dilation and proofs 93
• An important Usool – in what type of issues are nahy (prohibition) issued 94
• An important ruling and the meaning of something intruding and encroaching the Deen 94
• One ruling 95
• CHAPTER 95

MISCELLANEUOUS USOOLS  95

• CHAPTER FIVE  97
• THE RULINGS REGARDING IBAAHAT (CONSENT), NUDAB (PERMISSIBILITY), MASAALIH (BENEFITS/EXPEDIENCIES) AND MAFAASID (HARMS) 97 The three types of deeds 98
• The ruling of Mubaah and its two types  98
• There are two types of Mubaah  99
• That permitted or commended act in which there is fear of general mischief or immorality, becomes Waajib to abandon  99
• Rule 100
• The proof for the above ruling 100
• A Mubaah or mandoob act will be prohibited because of its collusion with other non-Shar`i acts  101
• If there is a wrong belief regarding a mandoob act, then it is Waajib to abandon it  101
• When there exists a conflict between benefits and harms 101
• The proof of the general ruling and the two types of mufsid 102
• Explanation of an example with proofs  103
• That Mubaah or Mustahab act which becomes a means to sin should also be abandoned 104
• The reason for Mubaah becoming Haraam 104
• Rulings change according to the times and prevailing conditions
• Example 105
• An important warning 106
• The labelling of a Mubaah act as Makrooh or Haraam due to some factor of fasaad or it being a preamble to Haraam, is not the forte of just anyone  106
• If a thing is permissible for an individual, but by others looking at him and taking a wrong cue, where this becomes a testimonial for them (to carry this out which will lead them into fasaad beliefs etc), then this act will also be impermissible for this individual
• Ruling 108
• The issue of whether to carry out or abandon a permissible and laudable act, if it attracts the censure or brings about disrepute in the eyes of people  109
• Some points and important fiqhi usools of Hadhrat regarding a lecture series given in Lucknow in praise of the Sahaabah (radhiallahu anhum) 113

CHAPTER SIX 115

• The definition of Sunnat 115
• Types of Sunnat 115
• The ruling regarding Sunan-e-Zawaa`id and mustahibbaat  116
• The definition of reviving a Sunnat  117
• An appropriate and excellent explanation of Sunnat and bid`ah
• The differences between Sunnat and bid`ah and the method in which to distinguish between the two 119
• Innovations for Deen or innovations in Deen? 120
• To exceed the limits in a non-Shar`i or mandoob act, or to make takhsees or ta`yeen would also be included as a bid`ah 121
• How a Mustahab becomes a bid`ah  123
• The four types of bid`ah and Sunnat, and the explanation of bid`ah-e-hasana, bid`ah-e-sayyi`a, haqeeqiya and sooriya  124
• In reality there is only type of Sunnat and bid`ah 125
• The limits of sunan-e-`Aadiyah and sunan-e-`Ibaadiya 126
• The laws regarding leaving out the sunan-e-`aadiyah and sunan-e- ibaadiya and when they become impermissible  129
• The two ways of following the Sunnat  130
• The definitions of bid`ah-e-hasana and bid`ah-e-sayyi`a  131
• The definition of Iltizaam ma laa Yalzimu (making incumbent upon oneself that which is not compulsory) 132
• The proof for the prohibition of Iltizaam-e-I`tiqaadi 133
• The difference between iltizaam (making necessary) and dawaam (perpetuity)  133
• The discussion on customs and the definition of rasm (customs)
• The ruling regarding rasm and iltizaam in worldly matters 134
• The yardstick between a rasm and a non-rasm 134
• The prohibition of excessiveness in Deen 134
• The two levels of permissibility  135
• CHAPTER SEVEN  136

DISCUSSION ON USOOLS  136

• The discussion on urf (common law) and riwaaj (customs)  136
• The basis of adab (etiquette) is urf  136
• It is impermissible, based on urf to call a father ‘barkhudaar’ (lad
• / one who enjoys a prosperous life)  136
• Instead of Shukr (expressing thanks), or saying Jazaakallah, to say Tasleem  137
• Based on urf, habits and bid`ahs also hold the rank of being Sha`air Islaam (signs of Islaam)  137
• Why do the rulings change because of changing urf and riwaaj138 Tashab-buh bil kuffaar (imitating the non-believers) is also based on urf 138
• The usage of singular tense to describe Allaah Ta`ala, and the respect for the Qur`aan Majeed is also based on urf  139
• Is it disrespectful to place the Qur`aan Majeed on the mimbar or not? 140
• The proof for urfi adab 140
• Urfi Adab is sometimes supersedes an instruction 141
• The discussion on tashab-buh (imitating other nations)  142
• The mas`alah of tashab-buh is established from the Qur`aanic nass 142
• The proof of the prohibition of tashab-buh in the Hadith 142
• The aqli and urfi proof for the prohibition of tashab-buh  143
• The definition of tashab-buh and its recognition 143
• Both, complete and incomplete, tashab-buhs are censured and prohibited  144
• Using a small stool as a table and eaten thereon  144
• The types and rulings regarding tashab-buh  145
• The summary of the ruling of tashab-buh 146
• The levels of tashab-buh  147
• Tashab-buh ceases when the issue becomes vogue and a general habit (amongst the masses) – Thoughts on eating at a table and chair
• Is wearing a jacket in London regarded as tashab-buh?  148
• Recognising the elimination of tashab-buh 148
• The difference in considering time and place in the ruling of tashab-buh  149
• The ruling regarding the wearing of the Sherwani (type of suit) and whether it is regarded as tashab-buh or not  149
• To place bottles of water on the dastarkhaan (eating cloth) 149
• Having Iftaar (breaking fast) at tables and chairs 150
• A mas`alah concerning tashab-buh 150
• The discussion on umoom-e-balwa (when something becomes rife and common in society) 151
• The law regarding umoom-e-balwa being of consideration  151
• Umoom-e-balwa is applicable in those Masaa`il wherein there is a difference of opinion 152
• The proof regarding considering the masses and its limits 152
• The maslak (way) of the Muhaqqiqeen 152
• Umoom-e-balwa and daroorat-e-aama (general need) are not sufficient proofs 153
• Latitude in issuing Masaa`il based on umoom-e-balwa and daroorat-e-aama and their limits 153
• Another example in considering the masses  154
• A few miscellaneous points regarding umoom-e-balwa and necessity  155
• The ‘ta`aamul’ (general practice) which the Fuqahaa have placed consideration in …its discussion  156
• Part 4  157
• The discussion on heela (make a plan (scheme) or possibly prevaricate) 157
• The two types of heelas and their respective rulings 157
• The dual meaning of a heela being permissible (the difference between sihat (correctness) and hillat (permissible) 158
• The one type of heela, proof in words and not meaning, and its conditions  158
• The time and place for a Shar`i heela  159
• Heela can be applied in Ma`amalaat and not in ibaadat  159
• The laws regarding heela being correct or not  159
• The heela of making Zakaat not obligatory and its ruling  160
• The proof of the Hurmat of such heelas 160
• An example of a baatil heela  160
• Part 5  161
• The laws regarding making ta`weel (interpretation) 161
• The laws of interpreting the nusoos 161
• The definition of ta`weel 161
• The proof for making ta`weel 161
• The laws regarding making ta`weel of someone’s speech or actions  162
• The reality of ta`weel and the difference between the ta`weel of the people of Haqq and the people of hawa (self-opinionated) 163 The reality of istidlaal (proving something) and i`tibaar (reflection/consideration) and the difference between the two  163 The yardstick of ta`weel 164
• The discussion on showing preference (eethaar) 165
• The proof of the proponents of permissibility and a reply to them
• The view of the Muhaqqiqeen regarding eethaar in qurbaat 166
• The Muhaqqiq and the preferred view 166
• The mas`alah of making tadaakhul (interpose/interlock) in acts of Ibaadat 167
• The discussion on intention 169
• Will there be reward without intention?  170
• The research into receiving reward with and without intention 170 The law regarding making an intention  171
• A Mubaah act becomes an ibaadat with a good intention, but a sin does not become permissible 171
• The three types of intentions when spending in the path of Allaah Ta`ala  172

CHAPTER EIGHT  172

DEFINITIONS  172

• The reality of Islaam and its definition  172
• The definition of shirk and Ibaadat 173
• The definitions of shirk-e-akbar, mushrik and istiqlaal  174
• The definition of shirk-e-asghar  174
• The types of shirk  174
• Shirk in knowledge  174
• Shirk in tasarruf  175
• Shirk in ibaadat 175
• Shirk in habits 175
• The definitions of kufr, Imaan, irtidaad, nifaaq, shirk, kitaabi and dahri  175
• The definition of Fitnah  176
• The definition of qurbat-e-maqsood  176
• The definition of mahaal-e-Shar`i  176
• The definition of makhaalif-e-nass 177
• The definition of israaf 177
• The definition of tajassus  177
• The definition of rishwat 177
• The definition and types of Shar`i Dharoorat 178
• The generality in the definition of dharoorat  178
• The yardstick of dharoorat and its stages 179
• The definition of dharoorat  180
• The definition of naskh  180
• The definition and categorisation of Shar`i power (qudrat) and ability (Istitaa`at)  181
• The definition of maskoot anhu and manhi anhu  182
• The definition and types of tar’k (preventing oneself from something) 182
• The definition of Taqleed-e-Shaksi  183
• The definition of Tashab-buh  183
• The definition of tahreef 184
• The definition of Hadith-e-Mutawaatir 184
• The definition of giving consent with a happy heart  184
• The definition of shuba  184
• The definition of gheebat (backbiting)  184
• The definition of zillat (disgrace)  185
• The definition of ishraaf-e-nafs  185
• The definition of dunya 185
• 13
• The definition of molwi  186
• The definition of waardaat  186
• The definition of a Wali  186
• The definition of nafs and mujaahadah 187
• The definition of karaamat  187
• The definition of tasawwuf  187
• The definition of khushoo and khudoo` 188
• The definition of nisbat 188
• The definition of tafweez and `ishq  188
• The definition of tawajjuh and tasarruf 188
• The definition of wajd 189
• The definition of istidraaj, kashf and karaamat 189
• The definition of zuhd 189
• The definition of hirs  190
• The definition of a sufi 190
• The definition of nafs and its categorisation  190
• The definition of jazb and its categorisation  191
• The definition of haqeeqat and ma`rifat 191
• The definition of kibr 191
• The definition of takabbur 191
• The definition of tawaadhu  192
• The definition of ujub  192
• The definition of hubbe jaah  192
• The definition of riyakaari 193
• The definition of ta`assub 193
• The definition of hayaa and sharam 193
• The definition of bughd fillaah 193
• The definition of barkat 193
• The definition of jahaalat-e-yaseera  194
• The definition of ta`aam waahid 194
• The definition of ikhlaas  194
• The definition of tasawwuf  194
• The definition of fanaa 195
• The definition of molwi and Aalim  195
• The definition of majzoob 195
• CHAPTER NINE 196

DIFFERENCES 196

• The difference between illat (cause/reason) and hikmat (underlying wisdom) 196
• The difference between jalb-e-manfa`at and daf-e-mudharrat 197
• The difference between taqleed and ba`it  197
• The difference between tasarruf and karaamat 197
• The difference between kashf and firaasat 197
• The difference between aql and kashf  198
• The difference between khwaab (dreams) and ilhaam  198
• The difference between shu`bada and mu`jizah 199
• The difference between ta`zeem and ibaadat  199
• The difference between a muwah-hid and mushrik 199
• The difference between ta`assub and tasallub 200
• The difference between ilm-e-ghaib and kashf  200
• The difference between takween, Shariah and ilm-e-Moosawi,
• ilm-e-Khidri 201
• The difference between Shariah and tariqat 201
• The difference between takabbur and hayaa  201
• The difference between jamaal, zeenat and takabbur  202
• The difference between waqaar (dignity/honour) and takabbur 202 The difference between ta`weel and tah`reef  202
• The difference between zeenat and tafaakhur  203
• The difference between takabbur and sharam 203
• The difference between mashwera and ijaazat 203
• The difference between sangdili (hard-heartedness/callousness) and yaksoo`i  204
• The difference between speech and a promise 204
• The difference between rasm and aadaat  204
• The difference between Islaam and Imaan 205
• The difference between tamleek and ibaahat  205
• The difference between Deen and dunya and the yardstick 206
• The difference between waswasah and tama` / ashraaf 206
• The difference between tajrubah and aql  206
• The difference between husn and Jamaal 207
• The definitions and differences between hudood and quyood 207

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