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Fiqh us-Sunnah

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    Posted: 29 October 2007 at 4:57pm

 

As Salamu Alaikum wa Rahmatullahi wa Barakatuhu

 

Fiqh literally means understanding. Islamically, it refers to knowledge of the detailed laws of the Shariah related to our actions, along with the detailed evidence for those laws.

 

Fiqh is an effort by scholars to understand how to apply Allah�s Shariah to the constantly changing circumstance of life.

Fiqh Us-Sunnah by Sayyid Sabiq is one of the most comprehensive book on Fiqh (based on the similarities and differences of the four major Madhhabs), which is easy to understand. Insha Allah I will be sharing the main points from this book in this thread. My intention is not to reproduce the whole book, but to highlight the main points. If anyone wishes for me to explain or elaborate on a point, please ask and I will quote the relevant section.

 

Insha Allah this thread will be beneficial to all of us.

 

Audho Billahe minash Shaitanir-Rajim. Bismillah ir-Rahman ir-Rahim

 

Purification (At-Taharah)

 

Water

The scholars divided water into four kinds.

 

A. Multaq (Free/Unrestrained)Water

Multaq water is considered pure because of its inherent purity and consists of the following:

1. Rain water, snow and hail.

2. Sea water.

3. Water from the Zam zam well.

4. Altered water

 

B. Used Water

This category refers to water which drips from the person after he performs ablution or Ghusl. It is considered pure because it was pure before its use for ablution and there is no basis to think that it has lost its purity.

 

C. Water mixed with Pure Elements.

This category includes water that has been mixed with substances like soap, saffron, flowers and so on, that is, objects considered pure by the Shariah. Such water is considered pure as long as it has not been mixed with other substances that one can no longer call it water. If this is the case, the water is still considered pure but it cannot be used for purification.

 

D. Water mixed with Impure Elements.

1. The impure substance alters the taste, color and odor of the water, it cannot be used for purification.

2. The liquid is still considered water, meaning that the impure substance has not altered its taste, color or odor. Such water can be considered pure and maybe used for purification.

 

Leftover Water

 

Leftover water refers to what remains in a pot after some has been drunk and divided into five different types.

 

A. Water leftover after people have drunk from the pot.

This is considered pure regardless of whether the one who drank from the pot was a Muslim, an unbeliever, a person in post-sex impurity or a menstruating woman.

 

B. Water left in a container after an �allowable� animal (an animal whose meat is permissible to eat) has drunk from it.

Such water is considered pure. Since the animal qualifies for consumption, its saliva is also pure.

 

C. Water remaining in a pot after it has been drunk from by a donkey, mule, beasts or birds of prey.

Such water is considered pure.

 

D. Water remaining in a pot after a cat has drunk from it.

Such water is also considered pure.

 

E. Water left in a pot after a pig or dog has drunk from it.

Such water is considered impure and must be avoided.

 

Next ��Impurities (Najasah) Insha Allah



Edited by Alwardah
�Verily your Lord is quick in punishment; yet He is indeed Oft-Forgiving Most Merciful (Surah Al-An�am 6:165)
"Indeed, we belong to Allah and to Him is our return" (Surah Baqarah 2: 155)
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Post Options Post Options   Thanks (0) Thanks(0)   Quote rami Quote  Post ReplyReply Direct Link To This Post Posted: 31 October 2007 at 5:27pm
Bi ismillahi rahmani raheem

Fiqh Us-Sunnah is one of the worst works on Fiqh ever written by the opinion of every scholar i have ever heard from. For this work to be valid the Imam would need to be a mujtahid Imam not just in his particular madhhab but in all four madhhabs at the same time.

This is something no one in the history of Islam has ever achieved, the work contains many mistakes regarding the rulings of the madhhabs  which unqualified people in fiqh can never pick up on, this is why the layman thinks it is a good work becouse they dont realy care where they are taking there religion from or how accurate it is.

Just some of the reasons why it should be avoided,

Fiqh al-Sunnah: Is it reliable?

I am sure you are aware of the growing prevalence in the West of Sayyid Saabiq's Fiqh-us-Sunnah, as a fiqh manual for the shebab who rely upon it. What is your opinion of this book, and what it contains? Those who I have seen with it, seek to find the majority ruling on each case by this book and follow it. Is this permissible, or recommended?

Walaikum assalam,

The scholars tell us that though a good effort in some ways, Fiqh al-Sunnah is not a reliable manual of fiqh.

It has a lot of errors in transmitting the positions of each school;

It often leaves out key conditions of an imam or school's opinion;

It often presents an opinion in a confusing way, which can lead to serious misunderstanding;

It can lead to talfiq: joining between the positions of the imams in one particular action in a way that no one imam would consider valid. This is invalid by scholarly consensus (as transmitted by Ibn Hajar, Ibn Abidin, and others), except in very exceptional circumstances.

Faraz Rabbani.

Fiqh as Sunnah by Sayyid Sabiq


Should we read Fiqh as Sunnah by Sayyid Sabiq and other books written on Islam by these sorts of people? And should we also read books on other religions.

Assalamu alaykum

In the name of Allah he Inspirer of truth.

This work is to be avoided since it encourages one to not adhere to any one of the four traditional schools which the overwhelming majority of Muslims have followed for over thirteen hundred years. Many of the juridical rulings and ijtihad propounded therein by the author contradict the opinions of the four madhahib. Sometimes opinions that do not conform to any one of the four traditional schools are presented as the preferred or superior opinion.

Hence, the choice is now to whether follow one of the four acclaimed traditional schools that have stood the test of history or to follow the ijtihad of someone who came much after the best of generations (khayr al-qurun).

The Messenger of Allah (upon him be peace) said "The best of you is my generation, then those who follow them, then those who follow them (Bukhari, Muslim).

And Allah knows best.

Wassalam

Abdurrahman ibn Yusuf


Fiqh al-Sunna

Elsewhere in this site, there is a posting entitled "Prayer: Followers Do Not Recite Behind The Imam, in any prayer". I was confused by the opinion given that its strongly displiked to recite Fatiha behind an Imam because it contradicts the opinion in "Fiqh-us-Sunnah" by As-Sayyid Sabiq, which i was told was one of the most prominent books on Hanifi Fiqh.

Please comment.

Walaikum assalam wa rahmatullah,

Sayyid Sabiq's Fiqh al-Sunna is a book of comparative fiqh. The author doesn't follow any particular school of fiqh, and his transmission of the positions of the schools of Islamic law is weak and unreliable.

This is what experience shows, and what the leading Sunni ulema of the Muslim world state.

And Allah alone gives success.

Faraz Rabbani



Edited by rami
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Alwardah Quote  Post ReplyReply Direct Link To This Post Posted: 01 November 2007 at 3:43pm

As Salamu Alaikum wa Rahmatullahi wa Barakatuhu

Brother Rami, thanks for the information.

Well here again we get a difference of opinions. There are scholars who highly recommend this book as well.

But to avoid Fitnah, I will stop posting from this book unless there are members here who would like me to continue.

Here�s just one Fatawa. � to prove a point.

Islam Web

 www.islamweb.net

 Islamweb Fatwas

Fatwa Title

:

Both books are good and worthy of studying

Fatwa No.

:

95464

Fatwa Date

:

12 Rabi' Thani 1428

Question:

Assalamu Olaikum. I have recently found two books : (1) Fiqh Us Sunnah by Sayyid Sabiq & (2) The Prophet's Prayer From The beginning To The End As Though You See It By: Shaikh Muhammad Naasir-ud-Deen Al-Albaani Translated by: Usama ibn Suhaib Hasan To your opinion, which book is more authentic & as I am following Hanafi Madhab, which book I have to follow. Looking for your reply urgently Allah hafez


Fatwa:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu 'alayhi wa sallam, is His slave and Messenger.

 

Both books which you mentioned in the question are good and beneficial and you may benefit from both of them. However, each book has its own characteristics. The book 'Fiqh As-Sunnah' edited by Sayid Saabiq, may Allaah have mercy upon him, is more comprehensive than the book 'Sifat Salaat An-Nabi' as it comprehends all or most of the Fiqh chapters, whereby the book 'Sifat Salaat An-Nabi' is about the prayer only. Nonetheless, the characteristic of the latter is that it is more concise in clarifying the method of the prayer of the Prophet, sallallaahu 'alayhi wa sallam.

Therefore, we advise you to benefit from both books as each one includes matters that the other does not. The book 'Sifat Salaat An-Nabi' is more authentic and better in clarifying the method of the prayer of the Prophet, sallallaahu 'alayhi wa sallam, and its author is more knowledgeable in Sunnah.

For more benefit, please refer to Fataawa 86609 and 84248.

Allaah Knows best.

Fatwa answered by: The Fatwa Center at Islamweb


www.islamweb.net

�Verily your Lord is quick in punishment; yet He is indeed Oft-Forgiving Most Merciful (Surah Al-An�am 6:165)
"Indeed, we belong to Allah and to Him is our return" (Surah Baqarah 2: 155)
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Post Options Post Options   Thanks (0) Thanks(0)   Quote rami Quote  Post ReplyReply Direct Link To This Post Posted: 01 November 2007 at 5:30pm
Bi ismillahi rahmani raheem

there is no valid diference of opinion sister, difference of opinion is only in regards to matters of Fiqh or fatwah i.e one shaykh having a legal opinion on something while another shaykh holds a different legal opinion about the same matter.

Fatwah in Islam are laws that are derived from the Quran and sunnah, i doubt fiqh as sunnah was mentioned in these.

There is only those who follow the book blindly such as the people above and others who have actually checked the references and what is quoted in the book.

You cant say it has legal errors but other scholars dont think so, I also dont understand how you dont think that in order to say i am taking the best from every madhhab and combining them you DONT need to be a mujtahid i.e qualified in each madhhab to do so or how you can ignore the fact that he puts his own opinions above that of all of islams legal experts.

This is exactly why the work contains mistakes he was never qualified to do this work from the start.

It has a lot of errors in transmitting the positions of each school;

How can a difference of opinion exist on this it either contains errors or it doesnt.

It often leaves out key conditions of an imam or school's opinion;

is there difference of opinion on its short commings or people who simply havnt done there homework beffore recommending something.

It often presents an opinion in a confusing way, which can lead to serious misunderstanding;

ill concede this is a matter of perspective, but is by legal experts.

It can lead to talfiq: joining between the positions of the imams in one particular action in a way that no one imam would consider valid. This is invalid by scholarly consensus (as transmitted by Ibn Hajar, Ibn Abidin, and others), except in very exceptional circumstances.


This is absolutely unacceptable by consensus and any act done this way is not valid, an example of tafliq is doing half your prayer via the Hanafi method and then changing to the shafii method half way through. What difference of opinion  can exist on this its either there or it isnt.

What you posted is not a fatwah it can never be it has no fiqh relevance what so ever its just a recommendation of a book by people who have not checked the veracity of a work.

I found your site very disturbing that every word they utter regarding any matter they consider a fatwah, i also find it disturbing that no one has put there name to these so called fatwah sister you have to be careful who you get your ilm from its not just a matter of following what you agree with this is blind following.



Edited by rami
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Alwardah Quote  Post ReplyReply Direct Link To This Post Posted: 02 November 2007 at 9:26am

As Salamu Alaikum wa Rahmatullahi wa Barakatuhu

I found your site very disturbing that every word they utter regarding any matter they consider a fatwah, i also find it disturbing that no one has put there name to these so called fatwah sister you have to be careful who you get your ilm from its not just a matter of following what you agree with this is blind following.

Brother Rami, I also find your site very disturbing. There was a time I spent a lot of time there and benefited immensely but not anymore. For the last year I have only been there once.

Those members who don�t know about this book, Fiqh us Sunnah is highly recommended by many scholars and it was for this reason that I chose to share the highlights of this book.  Scholars have pointed out that there are some weak Hadith in this book, despite this they still recommend this book for those seeking knowledge.

We must realize that only ALLAH�S BOOK IS PERFECT.

Quotes from the book:

�In Fiqh works of this nature, any claim to infallibility will be therefore, sheer insanity.� - Publisher�s note (M. Tariq Quraishi)

���.and treating the fiqhi opinions of our great Imans, especially Abu Hanifah, Malik, Ash-Shafi and ibn Hanbal, in a light that does not dramatize their differences nor overlook them.�- Reviewer�s note (Ahmad Zaki Hammad)

In my opinion (for whatever it is worth) this book �Fiqh us-Sunnah� will benefit all Muslims, those who do not follow any particular Madhhab or those who follow strictly one Madhhab.

For those who wish to read and study this book it is available at the following link amongst others.

http://www.muslimaccess.com/sunnah/fiqh/Default.htm

 

Insha Allah I will continue studying this book, making my notes but NOT sharing it here. To each his own,

May Allah Subhanahu wa Ta�ala bless us with useful knowledge. Ameen!

Wa Alaikum Salam wa Rahmatullahi wa Barakatuhu

 

�Verily your Lord is quick in punishment; yet He is indeed Oft-Forgiving Most Merciful (Surah Al-An�am 6:165)
"Indeed, we belong to Allah and to Him is our return" (Surah Baqarah 2: 155)
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Post Options Post Options   Thanks (0) Thanks(0)   Quote rami Quote  Post ReplyReply Direct Link To This Post Posted: 02 November 2007 at 6:06pm
Bi ismillahi rahmani raheem

Wa alaikum asalam wa rahmatu llahu wa barakatu

brother Rami, I also find your site very disturbing. There was a time I spent a lot of time there and benefited immensely but not anymore. For the last year I have only been there once.

That is childish, You compare a site run by people who openly put there names on everything, regardless of faults they may have, to a site that has no authors. The plain and simple fact sister is that you are responding emotionally rather than with rationale or reasoning.

its not relevant that you dont like the site i quoted this isnt reason enough in front of allah to blindly ignore what was said, i point out to you that you dont know who your following and your only response is to attack another site rather than face the reality that you are blindly following people you know nothing about.

Those members who don�t know about this book, Fiqh us Sunnah is highly recommended by many scholars and it was for this reason that I chose to share the highlights of this book.

If the collective of misguided scholars in this world got together and agreed on something does that also mean we have an Ijma [legal consensus] on a matter. You have clearly demonstrated you dont know anything about the so called scholars you choose to follow.

So what a scholar somewhere said this book was good, what are his reasons does he address the faults of the book does he face up to reality, has he even bothered checking the accurateness of the work before misguiding people. There are many so called scholars who simply talk based on there nafs rather than sound research this is why some scholars are better than others but you dont seem to care.

 Scholars have pointed out that there are some weak Hadith in this book, despite this they still recommend this book for those seeking knowledge.

Give me a break, i have pointed out far more serious faults than weak ahadith you clearly dont realise the significance of what i quoted this is the only explanation i can come up with for your complete disregard of reality.

We must realize that only ALLAH�S BOOK IS PERFECT.

You must learn LOGIC, by that logic we can all now pick up any shia fiqh book and begin to follow it becouse hey its all OK its all GOOD only allahs book is perfect so what if this contains serious faults in it.

The aim isnt to simply come up with counter arguments sister i can keep coming up with those from now until my fingers get tiered of typing, the aim is to use the points raised to make a sound judgment.

�In Fiqh works of this nature, any claim to infallibility will be therefore, sheer insanity.� - Publisher�s note (M. Tariq Quraishi)

So what this doesn't negate the fact there is no assurance of rahmah from Allah in regard to following the mistakes in this book as the Author was not Qualified to do such a work.

Allah says in the Quran "ask those who know if you know not", and a judge has two rewards when making a rulling one for his ijtihad and the other for getting the ruling right but only one reward when the rulling is wrong. If he was not qualified these dont apply to him and his mistakes there is just sin.

���.and treating the fiqhi opinions of our great Imans, especially Abu Hanifah, Malik, Ash-Shafi and ibn Hanbal, in a light that does not dramatize their differences nor overlook them.�- Reviewer�s note (Ahmad Zaki Hammad)

completely false or rather unqualified in light of what i quoted earlier, he does overlook many things.

In my opinion (for whatever it is worth) this book �Fiqh us-Sunnah� will benefit all Muslims, those who do not follow any particular Madhhab or those who follow strictly one Madhhab.

No it wont since it doesnt trasnmit the opinions of the Mujtahid Imams accurately, it is just a misguidance. This book was a sad attempt to combine the rullings of the madhhabs at a time when islam was being attacked from within.

Even our salafi brothers in saudi are now saying they adhere to the Hanbali madhhab where does that leave people such as this author another sect of muslims?

May Allah Subhanahu wa Ta�ala bless us with useful knowledge. Ameen!

Insha allah.



Edited by rami
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Alwardah Quote  Post ReplyReply Direct Link To This Post Posted: 03 November 2007 at 10:48am

As Salamu Alaikum wa Rahmatullahi wa Barakatuhu

Brother Rami, I read you loud and clear.

I maybe childish and need to learn to use logic but I am ready to learn from my mistakes too.

I will accept what you are saying but I need proof from the book itself. I have no intention to be misled in matters of Deen neither do I desire to mislead others.

I explained to you in another thread that, I first look at the Glorious Qur'an, then Al-Bukhari and Muslim for evidence on any issue, before I start searching for an answer online. I even gave you examples, explaining my point. I am one of those people who truly believes; that we don�t need to follow any one Imam. I am an �All Imams, All Scholars� person. So your argument about Salah does not make sense to me. Who said we must follow ONE Imam strictly. The Prophet (Sallallahu 'Alayhi wa Sallam) changed his position at different times, so did his companions. It for this reason what we have the differences. We do which is easier for us as long as there is evidence from the Sunnah, this is the Mercy of Allah upon us.

e.g. If someone finds it more comfortable and easier going into prostration following the Hanafi way and the rest of his movements are according to the Maliki way, are you saying that his Salah is not valid or incorrect.

Another example, If I am more inclined to a ruling by Imam Shafi in a matter and basically I am following Imam Malik, but this particular ruling will not solve my problem completely but the ruling by Imam Shafi does � are you saying that I cannot take his ruling because I am following Imam Malik.

Just for the record, I wish to add that I always recommended reverts to study one Imam or Madhhab in the initial stages so that they do not get confused studying the different duties of a Muslim and chose the one which is prevalent in their society so they do not feel alienated. At the same time pointing out that we do no have to follow any particular Madhhab. Many change their minds and jump from one Madhhab to another � they don�t agree with some ruling they decide to follow another. Do you think this is correct? Today I am following Imam Shafie then next week Imam Hanifa then after two months maybe Imam Hanbal.

Allah Subhanahu wa Ta'ala states in the Glorious Qur'an that we should ask men of knowledge if we do not know. The Prophet (Sallallahu 'Alayhi wa Sallam) said that as long as we follow the Glorious Qur'an and Sunnah we will never go astray. That is what I try to do to the best of my ability and understanding. Neither Allah nor His Prophet (Sallallahu 'Alayhi wa Sallam) said follow one particular Imam.

So far I have not found anything wrong with this book.........maybe you can quote directly from this book and quote your evidence from the Qur�an and Sunnah showing the "misguidance." Only 10 examples will do. It will not be a difficult task for you since the book is a misguidance. Basically the only reason why we are having this discussion is- your view that every Muslim must follow one Madhhab and my view as Muslims we don�t need to follow any one Madhhab.

You know brother Rami, not so long ago the scholars said that the most authentic sources of Hadith were Al-Bukhari, Muslim, At-Tirmidhi, Abu Dawud, ibn Majah and Al-Nasa�i. Now they are saying except for Al-Bukhari and Muslim all the others have weak and in some cases fabricated Ahadith and it is better to avoid them. A time will come when scholars will say even Al-Bukhari and Muslim have weak Ahadith. Allah forbid!

The way I look at the situation today, there is more misguidance than actually guidance. The scholars are causing more and more confusion for the layman. We have our own camps and only Our camp is correct the others are deviated. So who is on the right path and who is misguided is very difficult to say.

I don't know if you are killing a good intention (my intention to share this book here) or preventing Fitnah, Allah knows best, and He will reward us for our intentions with Khair. Insha Allah.

Islam is a beautiful Religion, Allah made it easy, let�s not make it difficult for ourselves.

Seeking knowledge is an on going process, it never ends. If one can learn from one�s mistakes that is a great achievement. And I am willing to learn from my mistakes but I need more evidence than what you are saying.

If you lighten up a bit brother maybe, just maybe you will see the �RAINBOW� colors of �ISLAM�

May Allah bless us with useful knowledge, there is no guidance except His Guidance. Ameen!

Wa Alaikum Salam wa Rahmatullahi wa Barakatuhu

Ps. I will be offline for a week hope to be enlightened more when I return.

 

�Verily your Lord is quick in punishment; yet He is indeed Oft-Forgiving Most Merciful (Surah Al-An�am 6:165)
"Indeed, we belong to Allah and to Him is our return" (Surah Baqarah 2: 155)
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