Term
| Main Reasons for Conflicting Rulings |
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Definition
| Word meanings (shared literal, liberal and figurative, grammatical), Narrations of hadith (availability, weak narrations, conditions for acceptance, and resolution of textual conflict), Admissability of certain principles, and methods of Qiyaas. |
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| Prayer for rain. (Abu Haneefah ruled that it did not include prayer in Jamaa'a, but his students and other imaams agreed that it in Jamaa'a was correct) |
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| A hadith that is well-known. |
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| A hadith reported by students of the Sahaabah without mentioning the name of the sahaabi |
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| Giving preference to some ahadeeth while rejecting others on the same topic, also = favouring an opinion over another, where they are similar (the scholars started a process of weeding out weak opinions, inside the madhab, favoring the stronger opinions, an element of itjihaad madhabi) |
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| Combining two ahadeeth where the scholar is trying to resolve a conflict between two saheeh ahadeeth on an issue, using one of the ahadeeth in a general sense. |
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| Consensus among scholars (Imam Ahmed rejected its validity past the time of the Sahaabah) |
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| The Period of Consolidation |
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Definition
| 950-1258 CE: madhab factionalism widespread, only four madhabs, itjihaad made within madhab, beginning compilation of fiqh. |
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| Secondary principles of fiqh |
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| Favoring certain opinions within a madhab over other opinions within the same madhab. |
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| Filtering out weak and fabricated statements which were earlier attributed to the founders of the madhabs |
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| Hadith narrated by so many authentic chains that it is impossible that they could be reporting a lie |
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| The Period of Stagnation and Decline |
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Definition
| 1258-mid 19 century CE: beginning with sacking of Baghdaad, closing the door to itjihaad, taqleed and factionalism, madhabs resembled sects, writing only commented on earlier works, name-calling "Wahhabi", "Ahli Hadeeth" |
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| To follow a scholar in his teachings where he is correctly applying the Qur'an and sunnah |
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| To follow a teacher in everything he does, regardless of the evidence from Qur'an and sunnah |
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| Majallah al-Ahkaam al Adilah |
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Definition
| 'The Just Codes', Islamic law codified in 1876, enforced by law by the Ottoman Sultans, but contributing scholars were all Hanafi |
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| The few outstanding scholars opposed to Taqleed, daring to raise the banner of itjihaad, calling for the return to the roots of the religion, and reliance on the foundations of Islamic law above all else. |
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| Students of Ibn Taymiyyah |
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Definition
| Ibn al Qayyim, Adh-dhahabi, Ibn Katheer |
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Definition
| Foremost among reformers of his time, jailed repeatedly for supposed 'apostating', master of Islamic sciences, took part in jihad against Mongols. |
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| Muhammad ibn Ali ash-Shawkani |
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Definition
| After becoming an outstanding scholar of the Zaydi madhab, he began making independent itjihaad, took the position that taqleed was Haraam, wrote a book on the topic, and was under attack from most of the scholars of his time. |
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| Mastered the various Islamic sciences, called for the re-opening of the door of itjihaad, rejuvenated the study of hadeeth, but did not go so far as to reject the existing schools. |
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| Jamaal ad-Deen al Afghani |
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Definition
| Modern thinker, travelled throughout the Muslim world calling for reform, denounced Taqleed, calling for free political, religious, and scientific thought, but some of his ideas were extremist. |
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| Among Afghani's students, influenced by Ibn Taymiyyah, raised itjihaad high and denounced Taqleed, but leaned towards extreme modernism, explaining away all the miracles attributed to the Prophet. |
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| Shirk fee tawheed al it'tiba' |
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Definition
| Sharing the unquestioned following that belongs only to the Prophet |
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| Two categories into which differing rulings fall |
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Definition
Contradictory: opposing opinions that cannot be held simultaneously Variational: Opposing opinions that could be held at different times |
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| "It is forbidden for anyone who does not know my proofs to make a ruling according to my statements, for verily we are only humans; we may say something today and reject it tomorrow." |
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| "Verily I am only a man, I err and am at times correct; so thoroughly investigate my opinions, then take whatever agrees with the Book and the Sunnah, and reject whatever contradicts them." |
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| Quote from Imam ash-Shafi'i |
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| "There is no one among us who has not had a Sunnah of Allah's Messenger elude him or have one slip his mind; so no matter what rulings I have made or fundamental principles I have proposed, there will be in them things contrary to rulings of Allah's Messenger. Therefre, the correct ruling is according to what Allah's Messenger said, that that is my ruling." |
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| Quote from Imam ibn Hanbal |
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| "The opinions of al-Awza'i, Malik and Abu Haneefah are simply opinions and to me they are all equal, but the real criterion for right or wrong is in the hadiths." |
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| Differences amongst the Ummah |
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| Authenticity of "disagreement among my nation is a mercy" |
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Definition
| It has no chain of narration connecting it to anyone, not found in any book of hadith, fabricated. |
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| Authenticity of "differences among my Sahaabah are a mercy for you" |
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Definition
| Although found in books of or about hadith, it has been proven inauthentic, extremely weak. |
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| Authenticity of "My sahaabah are like stars" |
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| Factors affecting the madhabs |
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Definition
1) Conditions of the Muslim state 2) Status of religious leadership 3) Communication among scholars |
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Term
| The Stages of the Evolution of Fiqh |
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Definition
| 1) Foundation, 2) Establishment, 3)Building, 4) Flowering, 5)Consolidation, 6)Stagnation and Decline |
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Definition
| Mixture of preceding stages of fiqh evolution, avoiding factionalism and sectarianism due to madhabs |
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| Totally opposite rulings which cannot logically be simultaneously correct(i.e. 'halal' and 'haraam'.) |
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| Conflicting rulings which are logically acceptable variations which can coexist |
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| The dilemma facing new Muslims regarding madhabs |
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| The idea that, "All madhabs are correct, just follow one of them." |
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| The science of deducing Islamic laws from evidence found in the sources of Islamic law. |
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| a waterhole (literal), straight path (Qur'anic) It is the sum total of Islamic laws which were revealed to the Prophet Muhammad, and which are recorded in the Qur'an as well as deducible from the Prophet's lifestyle. |
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| Shari'ah is the body of revealed laws found both in Qur'an and Sunnah, while |
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Definition
| Fiqh is a body of laws deduced from Shari'ah to cover specific situations not directly treated in Shari'ah law. |
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| Shari'ah is fixed and unchangeable, whereas |
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Definition
| Fiqh changes according to the circumstances under which it is applied. |
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| The laws of the Shari'ah are general, laying down basic principles; in contrast, |
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Definition
| The laws of Fiqh tend to be specific; they demonstrate how the basic principles of Shari'ah should be applied in given circumstances. |
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| Schools of Islamic legal thought |
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| The Makkan Period of Revelation |
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Definition
| The beginning of Prophethood to the hijrah to Madinah. Revelations concerned with building emaan in Tawheed, Allah's existence, the next life, the people of old, Salah, and challenges to imitate the Qur'an. |
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| The Madinan Period of Revelation |
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Definition
| From the Hijrah to the death of Prophet Muhammad. Revelation concerned primarily with the organization of the Muslim state, including laws, Jihad, people of the book, and the munafiqs. |
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Term
| Information contained in Qur'an may be grouped under these headings |
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Definition
1) Information related to belief in God, His angels, books, prophets, and the affairs of the next life (Ilm al Kalam, Aqeedah) 2) Information related to the deeds of the heart and soul, and moral principles and rules of conduct (Ilm al Akhlaq) 3) Information related to deeds of the limbs and contained within a body of commandments, prohibitions, and choices (Law) |
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| The Legal Content of the Qur'an is comprised of these acts |
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Definition
1) Dealings between Allah and man 2) Dealings among men a)laws ensuring and defending propogation of Islam b)family laws for the development and protection of the family structure c) trade laws governing business transactions d) criminal laws governing crime and punishment |
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| In enactment of laws, the Qur'anic revelations are based on these principles |
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Definition
1) removal of difficulty 2) the reduction of religious obligations 3) the realization of public welfare 4) the realization of universal justice |
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| Problem-Solving Procedures of the Righteous Caliphs |
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Definition
1) Search Qur'an 2) Search Sunnah 3) Try to get Ijma' 4) Try to get a position of majority 5) Personal itjihaad |
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| Factors preserving unity in the time of the Sahaabah |
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Definition
1) Caliph's reliance on shoora 2) The ease with which ijma' could be gotten 3) The reluctance of the Sahaabah to give fataawa 4) The infrequent quotation of ahadeeth, due to a) fear of misquoting the Prophet b) the fact that Caliph Umar forbade excessive quotation of ahadeeth |
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Definition
1) Division of the Ummah 2) Deviation of the Umayyah Caliphs 3) Dispersion of the Ulema 4) Fabrication of Hadith |
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| Secondary principles of scientific, philosophical and theological works |
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| Factors affecting the development of fiqh in the period of the Great Imaams |
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1) State support for scholars 2) Increase in centres of learning 3) The spread of debate and discussion |
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| Factors affecting the development of fiqh in the period of the minor scholars of the madhabs |
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Definition
1) Compilation of fiqh 2) Court debates 3) Compilation of Hadiths 4) The organization of fiqh |
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| The Sources of Islamic Law |
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Definition
1) The Qur'an 2) The Sunnah 3) Opinion of the Sahaabah 4) Qiyas 5) IstiHsaan 6) Urf |
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| Itjihaad based on evidence found either in the Qur'an, the Sunnah or Ijma', analogical deduction. e.g. classifying marijuana as khamr based on a hadith that every intoxicant is khamr. |
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| The preference of an opinion based on a circumstantial need over an opinion based on Qiyas. (also called IstiHslah) |
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| Local customs, as long as they did not contradict any of the principles of Islamic law. e.g. local marriage customs concerning dowry payment |
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