The Principles and Codes of law in Hanafi Fiqh
  • Book Title:
 The Principles And Codes Of Law In Hanafi Fiqh
  • Book Author:
Molana Ashraf Ali Thanvi
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THE PRINCIPLES AND CODES OF LAW IN HANAFI FIQH – Book Sample

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
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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
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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
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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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