Usul al-Fiqh
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Can Islamic Law Change Based on Time, Context and Custom? – Introduction This article is an academic response to the controversial subject of the changeability of Shari’i injunctions and certain rulings being based on the custom of the people of that time rather than the ruling being applied universally in all times and places. To…
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Response to Shaykh Saeed Kamli: BISMILLAH Now the issue with Shaykh Saeed Kamli of Morocco is this, if the people that he is addressing actually said “I feel like this opinion or fatwa is wrong (without evidence)”, then he would certainly be correct to say “who cares about your feelings!”. This is how Allah makes…
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By Faheem Nadeem Maliki Usul Split into Explicit texts (Nass) and Apparent (dhahir) texts. Nass texts are not open to interpretation whereas dhahir can be interpreted. Shafi’i considered to Nass and Dhahir to be interchangeable, in the Maliki position the Nass is stronger than the dhahir. A dhahir text can mean one of two…
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Refutation of qiyas (analogy in religion) by Ibn Hazm Ibn Hazm cites in refutation of qiyas include: Qur’an 42:21: “What! Have they partners (in godhead) who have established (sharau) for them some religion for which God has given no permission?;” Qur’an 65:1: “And any who transgresses the limits of God does verily wrong his (own)…
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Is everything halal or haram? Bismillah “According to our author, all rulings of the Shari’a, without exception, fall into three categories: obligatory (fard), prohibited (Harâm) and permitted (mubah). That which is recommended (mandub) and that which is reprehensible (makruh) fall into the third category – namely, that of the permitted – since they are not…
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Usul al-Fiqh: When Khabar Wahid contradicts the common practice – Usul al-Shashi (Hanafi principles) “Based upon this (that the conditions of narrators vary) we say that if Khabar Wahid contradicts the apparent it will not be practiced upon. An example of Khabar Wahid contradicting the apparent is when it is not the common practice of…
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Different methods of Islamic Law: A comparison between the Usuli and Traditionist methods When properly understanding Islamic Law (Shari’a), it is necessary to completely examine all the texts collectively. It is especially important to examine the texts chronologically & it is even more important to examine the clear commands & injunctions of the Qur’an and…
Tajdeed 