Fiqh 1

c_fiqh

Module Information

Name of ClassFiqh 1
Credit Hours3 Hours
Class DescriptionThis course is a critical study of the history of Islamic legislation and the evolution of its various schools of law.
Instructor NameDr. Abu Ameenah Bilal Philips
Required TextBilal Philips, The Evolution of Fiqh
Supplementary TextAbdur Rahman Doi, The Shariah

Objectives

  • To worship Allah Almighty through learning Islamic Jurisprudence.
  • To develop the students’ understanding of how Islamic Law evolved from the time of the Prophet (pbuh) until the present.
  • To familiarize the students with the famous math’habs in Islamic Jurisprudence.
  • To familiarize the students with the contributions of the math’habs towards the development of Islamic Jurisprudence.
  • To enable the student to comprehend the extent of the harm resulting from the fanatical approach to the math’habs.
  • To help students realize that following the math’hab of Prophet Muhammad (pbuh) was the goal of all the early scholars.
  • To teach students the common basis shared by all the leading schools of Islamic Law and to enlighten them as to the reasons why they differed.
  • To clarify for students how Islamic Law is applicable to all places and for all times in spite of it being revealed 14 centuries ago.

Topics Covered

Introduction

  • Reality of the Math’habs,
  • Definitions and distinctions between Fiqh and Shari’ah,
  • Overview of stages in the development of Fiqh

The First Stage: Foundation

  • The Method of Legislation
  • General Content of the Qur’aan
  • The Makkah Period (609-622 C.E.)
  • The Madeenan Period: 622-632 C.E.)
  • Legal Content of the Qur’aan
  • The Basis of Legislation in the Qur’aan

1. The Removal of Difficulty

2. The Reduction of Religious Obligations

3. The Realization of Public Welfare

4. The Realization of Universal Justice

  • Sources of Islamic Law

The Second Stage: Establishment

  • Problem-Solving Procedures of the Righteous Caliphs
  • Individual Sahaabah and Ijtihaad
  • Absence of Factionalism
  • Characteristics of Fiqh

The Third Stage: Building

  • Factors Affecting Fiqh
  • Characteristics of Fiqh
  • Reasons for Differences
  • Compilation of Fiqh

The Fourth Stage: Flowering

  • The Development of Fiqh
  • Period of the Great Imams
  • Period of the Minor Scholars
  • Sources of Islamic Law

The Madh-habs: Schools of Islamic Legal Thought

  • The Hanafee Madh-hab
  • Awzaa‘ee Madh-hab
  • The Maalikee Madh-hab
  • The Zaydee Madh-hab
  • The Laythee Madh-hab
  • The Thawree Madh-hab
  • The Shaafi‘ee Madh-hab
  • The Hambalee Madh-hab
  • The Dhaahiree Madh-hab
  • The Jareeree Madh-hab

Main Reasons for Conflicting Rulings

  • Word Meanings
  • Narrations of Hadeeths
  • Admissibility of Certain Principles
  • Methods of Qiyaas

The Fifth Stage: Consolidation

  • Four Madh-habs
  • Compilation of Fiqh
  • Section Summary

The Sixth Stage:Stagnation and Decline

  • Emergence of Taqleed
  • Reasons for Taqleed
  • Compilation of Fiqh
  • Reformers

Imaams and Taqleed

  • Imaam Abu Haneefah
  • Imaam Maalik ibn Anas
  • Imaam ash-Shaafi‘ee
  • Imaam Ahmad ibn Hambal
  • Students of the Imaams

Differences Among The Umaah

Differences Among the Sahaabah

Conclusion

  • Dynamic Fiqh
  • Proposed Steps
  • Contradictory and Variational Differences

Case study: The Chennai Treatise

  • Introduction of Case.
  • PJ Zainul-Aabideen’s claim.
  • Ijmaa of the Ummah and the understanding of the Sahaabah.
  • The Obligation of Zakaah,
  • statements of the Sahaabah and Salaf,
  • Annual Payment of Zakaah,
  • Advance Payment of Zakaah and Zakaah on the Wealth of Orphans
  • Punishment for not paying Zakaah.
  • The heresy of PJ’s claims.