Category: Usul al fiqh
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Sharh al waraqat explained – Chapter 12 The Mufti, petitioner and Ijtihad (Finale)
The Mufti his petitioner and emulation (Coming soon) The chapter of Ijtihad starts by defining what is so that we do not become confused. Imam hattab says a Mufti is a Mujtahid Imam which means that this person a level of legal authority and autonomy to give out legal rulings (within his ability). Imam Juwaynis…
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Sharh al waraqat explained – Chapter 11 Presumption of continuity (Istishab)
Istishab (coming soon) Istishab is continuity Imam hatab says “among the other proof in which there is disagreement is Istishab. Istishab has 2 meaning 1 of them is agreed upon.” and indicated by Imam Hattabs statement. The meaning of itishab state what is required in the absence of shari’ proof, we assume continuity in principle…
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Sharh al waraqat explained – Chapter 10 Prohibition and Ibaha
Prohibition and Ibaha (Coming soon) The divine proofs are Quran sunnah Ijma and Qiyas, there are proof which are disagreed upon unlike the previously mention 4, Imam Juwayni says “prohibition and Ibaha. There are those who say the root of things are prohibition until proven permissible.” They assume everything to be impermissible until you prove…
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Sharh al waraqat explained – Chapter 9 Qiyas (Analogy)
Qiyas (coming soon) Qiyas means analogy it is the 4th of the 4 shari’I proofs and the least relied upon of the 4 (book, sunnah, ijma and qiyas being last.) Linguistically Qiyas means Measurement in example “I measured the thobe”. It can also mean likeness or resemblance “one man is like another yuqas (he is…
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Sharh al waraqat explained – Chapter 8 Declarative statements and reports
Declarative statements and reports Imam juwayni writes “a statement of a companion is not a hujjat upon other companions or a single statement” this means the words of the sahaba don’t override each other and this is itifqan there is ijam upn this. This is referring to a companion giving his singular view it does…
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Sharh al waraqat explained – Chapter 7 Ijma (scholarly consensus)
What does Ijma mean? Ijma means to gather, jamaa means a gathering Imam hattab says Ijma is the 3rd of the 4 tools used in fiqh. The first is the book (Quran) the 2nd is the sunnah the 3rd is Ijma and the 4th is qiyas. Surah Yunus verse 71, the linguistic definition means determination…
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Sharh al waraqat explained – Chapter 6 Abrogation (Naskh)
(Coming soon) What does Naskh mean (Abrogation)? Naskh linguistically it means removal izala. The sun has nazakhat the shade (removed it) by extending its light over it so in other words the sun abrogates darkness it can also mean to move or to lift. Nakhl Its also said the meaning can mean to move or…
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Sharh al waraqat explained – Chapter 5 actions of the prophet ﷺ
The prophet ﷺ is a legislator within the religion The specific relevant content for this request, if necessary, delimited with characters: The actions of the Legislator (the Prophet ﷺ ) are either in the manner just as of acts of worship and obedience, or not. If they are in the manner of acts of worship…
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Sharh al waraqat explained – Chapter 4 command and prohibition
Introduction to the concept of “Command” Command, in usul al fiqh terminology refers to means of communication It involves the use of explicit or implied speech to demand an action from the listener who is of a lower status than the one giving the command. However, it is important to note that the nature of…
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Sharh al waraqat explained – Chapter 3 Categories of phrases (Aqsam al Kalam)
Categories of phrases The Qurrat Al ayn is a commentary written by Imam Hattab Al Maliki which expounds upon the Sharh al waraqat written by Imam Juwayni. Imam Hattab elaborates upon what are the terminologies that are found in Usul al fiqh so that you recognize them during rulings as well as the different categories…
Authentic Maliki 