Linguistic breakdown of the title “Sharh al waraqat”

Imam Juwayni says these “waraqat” are few in number (Khalil) as it is a sound plural in the view of Imam sibawayh is the plural of smallness. The title al waraqat (pages) ends with “QAT”, in Arabic there are multiple ways you can make a word plural, sometimes there is more than one option for a word. A “sound plural” is something that ends with “oon” or “at” a “broken plural” is when the word changes totally without adding to the end of itself, rajal is “Man” and rijal is “Men”. “Hukam” becomes “ahkam” not HukamAT or HukamOON and our last example is Waraqah to waraqat (sound plural).

Why was the book given the title “Sharah waraqat”?

Imam Sibawayh says a sound plural indicates something small in number (usually 3-10) once a number goes above 10 then you use the Singular of it (wajba – meal, wajabat means a few meals) plural is used for a small number not vast. Sharh waraqat was intended to be a few pages hence its name unlike his master work Al Burhan which is vast. Ibn aqil hanbali says there is 2 words for “kafir”, in plural “kafiroon” (a few kafirs) and “kuffaar” (a lot kafirs) you can use both interchangeable but to be perfect in Arabic you should know the difference between the words although they hold relatively the same meaning.

Allah uses this linguistic concept in Quran

Imam Juwayni in his reference to “these waraqat” is to indicate that they are present to the student and when he is saying the smallness he is indicating it’s a digestible text just as Allah says in Q2 V184 (Surah baqarah 184) “ayama madudat” which means a limited number of days referring to Ramadan (sound plural indicated it’s a few days, fasting is for 30 days but Allah implies by using the sound plural is that Ramadan is a few days only 30 days to 365 days in a year its something that is doable for the laymen Allah knows best). Its also said by some faqil reference to weak valid opinion is referring to ashurah instead of the digestible nature of Ramadan or the few days we fast a month that was obligatory in early Islam but was abrogated, these are weaker opinions but valid.

Statements of Imam juwayni regarding “These Waraqat”

Hadtha hi waraqat means the waraqat are present to him implying the introduction was written after the text or implying it was in his mind, it was common to write the introduction of the text after the book was complete and it generally recommended as the text is complete and the introduction was be accurate to what was written. These waraqat consist of chapters (fasl,) What does fasl mean Allah says yomul fasl referred to in the Quran due to separating the people as the chapters separate a book. Umar hattab Maliki says it separates the principles, they will benefit the novice or the advanced researcher.

2 definitions of usul al fiqh

• Umar Hattab al Maliki says, the adjudicative definition understands the individual parts (2 parts) of the term, in simple terms to separate subwords from the conjoined word such as usul from fiqh. In the cause of Usul al fiqh that would not suffice but rather only if the words are connected instead of broken down. Only if is conjoined usul al fiqh can truly understand there is a greater meaning than just the 2 words deconjoined
• The 2nd definition is the technical definition is mention by imam juwayni who says usul fiqh are its overall paths of fiqh which means aside from the linguistic definition there’s the technical definition as understood by the fuqaha who truly understand what usul al fiqh is! He is going into the grammatical points seeing usual al fiqh as a single term or breaking it up

Imam Juwayni’s definition of “Usul” and others Imams

Imam juwayni gives a definition of “usul” which he says that “usul” means upon which other things are built, usal means root or foundation upon the foundation you add the pillar when building a house. This definition is given by Abu Hussayn al Basri who says it means the foundation of a wall or the roots of a tree which implants it into the ground. This is better than other definitions that says it means that which is needed. That from which other things branch out which is a good definition which comes from ibn supbqi zarkeshi. The definition of usual is needed is given by ar razai umawi umar hattab doesn’t like him nor his definition that is better than those who say usul means that from which exist something else just as one comes from 10 but 10 cannot be taken out of 1. When imam juwayni says the branches are compared to the root as the branch comes out of the root, the branch(furoo’) is built upon something else which is the opposite of usul which other things are built on it.

What the definition of “Fiqh”?

Imam hattab Al Maliki says the linguistic meaning is understanding (fiqh), the taqiq says jawhari also takes this definition, abu Ishaq as well. The shariah definition is from imam jawayni that says the knowledge of rulings of the shariah legal ruling who are arrived at by ijtihad (legal reasoning). In the case of the student (The reader) we have collected some rulings but we aspire to create our own rulings through ijtihad once we become knowledgeable if Allah Allows. Sheikh Abu Hassan al Ashari the founder of the ashari school of thought offers a different definition he says understanding of revelation as it relates to law, legal science only when human interpreter arrives to correct meaning intended by Allah where juwaynis model is correct when the interpreter comes to the correct model by means of reason.

What does this knowledge consist of?

This knowledge when referring to fiqh consist of many things such as Wudu, witr prayer, what is sunnah muakadah in maliki fiqh, intention is the condition of the validity of a fast, zakat is obligatory on wealth of a child’s jewelry and that premeditated murder necessitates qisas and all other things matter of difference of opinion of legal rulings. We all have some fiqh but we are not at the level of mujtahid…yet (Sunnah muakada is something the prophet would always do but it not obligatory) The (classical) hanbali agree witr prayer is sunan muakada shafiiyya disagree on this point. To leave off a sunan muakadah totally is a sin but you should sometimes do the sunan muakadah, Hanafi say its wajib which is below fard in their usul.

Knowledge of jurisprudence such as qisas

Knowledge of jurisprudence ruling arrived to by ijtihad, knowledge of these things is fiqh. Qisas is retribution, in fiqh the weapon used is important. If you use a weapon it is considered premeditated murder, unpremeditated murder is murder in a moment. A gun is designed to kill people. In the west the weapon comes into play but it does not constitute premeditated murder alone from having weapon, in the Hanafi school if its not a weapon but a rock then it becomes doubtful if its premeditated murder so qisas is not allied in that case.

Knowing the wajibat

Qala musanaf, This ilm is opposed to that which is not derived by ijtihad (5 prayers is fard and zina is prohibited or Allah and his attributes which are qat’I questions (clear cut), these things are known but not just the jurist but All the Muslims. Fiqh according to this definition cannot refer to anything but the ilm of the mujtahid, however this should not effect the allocation of waqed, The definition of who is a scholar should go to the ,

What is he intending by this?

Waq a pieces of property or land that has been consecrated by a deed,  a testimony in which the owner puts it into religious and typically would not be taxed. People would create waq for trade purposed, people endow a property and send money to Mecca as sadiqa jarriyah and support the work pilgrims. Some create an endowment that benefits their family that one of their descendants and pays out to one of your family members to whom you choose. The scholars would be supported through waqf, the earliest period the scholars supported themselves, they were merchants craftsmen (umayyid, abbassid period).

Who are the ulema (Mujtahid)?

We Muslims don’t have a single hierarchy like a Christian church is, in more recent times we had grand muftis which originates from colonial times to have a leader of religion in the colony, the Muslims had the sheikh of azhar which is similar to having a hierarchy in religion but Islam does not have this concept as the prophet is the highest authority who’s speech and actions have been preserved through hadith literature and through means of the Amal of Ahlul Medina who’s amal was inspired by the nabi. Those who are not famous are still scholars weather they are famous or not and write and published books, what imam hattab is saying this is up to the cultural context who are the ulema its not restricted to just the mujtahids

Ulema in history preferred to not be connected to governments

Many uelma and from the early period refused to become chief judges and did not want to get paid for their scholarship such as abu hanifah and Imam Malik, If the ulema are close to governments and are getting financed by them they will not speak freely or be influenced (biased) in their rulings the the colonial master would advise the grand mufti to pressure the Muslims to follow a incorrect ruling from the top to the bottom of the Muslims. although there have been ulema who were close to their governments such as in the ottoman period but it is greater if the ulema is independent its greater

How do we know who the scholars are?

In our times and historically the Muslims are vouched for by other people of knowledge in a block chain of knowledge who have ijaza and referenced from other uelma similar to a bitcoin block chain but in Islam we do not have a specific higherarchy. Uelma do not master all Islamic sciences he is an scholar despite not knowing all branches of Islamic knowledge. Knowledge is what is intended thum is to believe something. Ma’rifa refers to slightly uncertain knowledge because it’s the best estimate of divine line of the mujtahid. In kitab al muwaqif, some scholars such as al jawhiri , ilm refers general knowledge so is knowledge proceeded by ignorance.

Ma’rifa definition of fiqh

• An awareness or recognition of the legal judgments of mujtahids
• Knowledge that 1 is half of 2, hassiyah sensory knowledge such that fire burns.

The meaning of ma’rifa is awareness of all these things, that is being capable with these rulings and questions that are from them. Imam Malik one of the great fuqaha when he was asked about 48 issues he responded to 32 of them with “I don’t know”. Imam Malik had the ability, he was ready with relevant knowledge to answer but he didn’t have a response ready. Its referring to a famous story Malik, a man come to Malik from a distance of 6 months, he expected Malik to answer them. The man was astonished and said what do I tell my people and he said tell them Malik doesn’t know so show humility to not speak without knowledge and shows humility. Even when people don’t have total knowledge Imam hattab is saying you have the capability to approach it.

The ilm of a scholar

This raises the issue who is a scholar again, the def of ilm in this sense is known and understood in the culture, so and so knows Arabic grammar without meaning he knows all in grammar but he has the ability to access it. A faqhi doesn’t knows all in fiqh but he can read the books and access the ilm in their proper context and understanding.  You get that capability from having the background to apply what you don’t immediately know.some uelma speak about the capacity to deliver knowledge without specific knowledge but now we have a more conservative view.