Taqleed-Usool e Fiqh

“Bismillahir Rahmannir Raheem”Al-Hamdu Lillaahi Rabbil ‘Aalameen was Salaatu was- Salaamu ‘Alaa Sayidinaa Muhammadin wa Aalihi wa Asabihi Ajma ‘een (tauheed- risalat- ahkirat and islam-iman-ihsan)

IJTIHAD

Ijtihad/research /deductive reasoning .

Ijtehad is necessary for deen (law/society)

Ijtehad =ijma/consensus -qiyas/individual

Fuqaha/jurists =pious/men of spirituality.

Only quran/sunnah =fundamental sources of deen.

Quran is from allah AND sunnah is from rasoolallahﷺ  =asl/actual (ahkam/orders/shariat)

Asl=deen (wahy+sunnat)

Ijtihad of prophet ﷺ  after quran AND ijtehad of ummah after quran and sunnah.

Ijtihad/fiqh (jurisprudence) is sunnah and divine in nature.

Ijtihad of prophet is also divine revelation from allah.

USOOL E FIQH

Islam is for all generations =upgradation of knowledge/research/reasoning work  based on modern times.

Islamic law =to free people from fear/sorrows AND ijtihad/structural law must free people from fear/sorrows.

Islamic law=commission/omission/silence(for your good)

Western law=commission/omission

Life keeps changing with place and time ,so laws must be based on the present situation .

Deen associated with heart and soul.quran gives guidance people get misguided when they use there nafs/brain (Marifat gives guidance). Knowledge is waste with out connection with allah and his rasool ﷺ  .

Usool e fiqh=hukm/order+hikmat/wisdom/reason

Understanding deen=1.Quran 2.sunnah 3.ijtehad

Islamic law =to free people from fear/sorrows AND ijtihad/structural law must free people from fear/sorrows.

Juristic judgement based on quran /sunnah/pious jurists  with respect to abrogated/general/specific/absolute /qualified etc

Seeking knowledge in depth /taking refrences from people of past authority/fuqaha and providing solutions to present generation.

Descision making =based on quran/sunnah,qiyas/ijma,public good, juristic preferences,custom and usage, necessity of time/place,removal of difficulties etc etc

Mustahab/allowed in old era may be wajib in this era.

ACTUAL SPIRIT OF LAW AND STRUCTURAL FORM OF LAW

Actual spirit of law=basic laws from quran/sunnah +helps in continuity of life

Structural form of law=for better/organized way of life +to enforce structural law +to protect actual spirit of law(muqalid/mujtahid/mufti)+for presenting essence of actual law.

 Ijtehad =maintain actual spirit of law based on changing time/place.

If don’t do research /reasoning actual spirit of law will be lost.

Maintain actual spirit of law(or else people will think its outdated)  ,structural spirit of law must be updated with change in time.

For example- economics/military/political/educational /social etc etc depending on time/place/muslim country/non muslim country etc

Ijtehadi opinion /verdict/fatawa based on todays demand keeping actual essence of sharia.

Ijtehad =brings actual and structural law together in changing time.

Ijtehad =framing structural law time to time.

CHANGING TIMES

Provide halaal way/nizam before closing haraam way/nizam/system.

Establish nizam e rizq e halaal first

Mustahab/allowed in old era may be wajib in this era.

Inqilab is through quran and sunnah not through fiqh (fiqh is a guidance)

Constructing pakka houses was not allowed but later it was allowed.

Eradicating poverty give entire zakat to one person.

Keep investing earned money in business (left after household usage).

Reasons for conflicts =economic/social/political etc

Islamic law =to free people from fear/sorrows AND ijtihad/structural law must free people from fear/sorrows.

LAW

1.rules framed to regulate human conduct.

2.establish from quran/explicit +sunnah/implicit/practical.

3.ijma/consensus (qisas/individual)=authoritative

LAW GIVING AUTHORITY

Law giving authority =Allah and his rasoolﷺ

Khilafat/vicegerency =of the prophet for preservation of religion and regulation of worldy affairs.

LEGAL VALUE

Legal value=established from quran/sunnah

Defining law=deman law/discretion law (Commission/omission of an act)

DEMAND LAW

1.Commission =salah/zakat/saum/haj etc

2.Omission/prohibition =murder/sdultery/theft/drinking alcohol etc

DISCRETION LAW

Freedom/authority to commit/omit them

1.Farz/obligatory ,wajib/imperative,sunnat e mokida/mandatory, sunnat e ghair e mokida/directory, mustahab/commendable

2.haraam/forbidden, makruh e tahrimi/condemned ,isaat/disapproved ,makrooh e tanzimi/ improper,khilafe oola/uncomandable

3.indifferent/permissible/discretionary/jaiz o mubah

DECLARATION LAW

Reason /sabaab, condition/shrt, intercepting factor, essential element/rukn

Theft/stoning/100 lashes/adultery/murder/qisas/debt and zakat,wadhu/tayamum.

OBJECT OF LAW

Purpose of revelation of divine law

Act =Contracted/uncontracted-Authorized /unauthorized-Binding/nonbinding

Sale/lease/gift/marriage/divorce.

Salah/saum/haj/zakat/jihad.

Theft/adultery/drinking.

Atonements/expiations.

Personal safety/reputation/ownership.

Family rights/guardianship/inheritance.

SUBJECT OF LAW

For whom the law of shariah is revealed

Life/freedom/puberty/sanity/faith/mistake/disease/ignorance/death/ignorance of law/intoxication/journey

Obey the men of authority among you

Framed from general /specific provision of sharaiah

Framed in the light of express/implied authority by shariah.

Compatible with the objectives of islam.

When I want to talk to allah I say prayers and when I want that he talk to me I recite quran- Hazrath Ali(ra)

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