(links will be available when colored in)

Preface to the Third Edition

Preface to the Second Edition

Transliteration

Introduction (part 2)

1. The First Stage: Foundation
The Method of Legislation
General Content of the Qur’aan
The Makkan 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
Section Summary

2. The Second Stage: Establishment
Problem-Solving Procedures of the Righteous Caliphs
Individual Sahaabah and Ijtihaad
Absence of Factionalism
Characteristics of Fiqh
Section Summary

3. The Third Stage: Building
Factors Affecting Fiqh
Characteristics of Fiqh
Reasons for Differences
Compilation of Fiqh
Section Summary

4. The Fourth Stage: Flowing
The Development of Fiqh
Period of the Great Imams
Period of the Minor Scholars
Sources of Islamic Law
Section Summary

5. 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
Section Summary

6. Main Reasons for Conflicting Rulings
1. Word Meanings
2. Narrations of Hadeeths
3. Admissibility of Certain Principles
4. Methods of Qiyaas
Section Summary

7. The Fifth Stage: Consolidation
Four Madh-habs
Compilation of Fiqh
Section Summary

8. The Six Stage: Stagnation and Decline
Emergence of Taqleed
Reasons of Taqleed
Compilation of Fiqh
Reformers
Section Summary

9. Imaams and Taqleed
Imaam Abu Haneefah
Imaam Maalik ibn Anas
Imaam Ahmad ibn Hambal
Students of the Imaams
Comment
Section Summary

10. Differences Among The Ummah
Differences Among the Sahaabah
Section Summary

11. Conclusion
Dynamic Fiqh
Proposed Steps
Contradictory and Variational Differences

Glossary

Index of Hadeeths

Bibliography

The development of Fiqh falls traditionally into six major stages named as follows: Foundation, Establishment, Building, Flowering, Consolidation, and Stagnation and Decline.

These stages occur respectively in the following historical periods:

1. Foundation: the era of the Prophet (SW.) (609-632 CE)1

2. Establishment: the era of the Righteous Caliphs, from the death of the Prophet (SW.) to the middle of the seventh century CE (632-661)

3. Building: from the founding of the Umayyad dynasty (661 CE) until its decline in the middle of the 8th century CE.

4. Flowering: from the rise of the ‘Abbaasid dynasty in the middle of the 8th century CE to the beginning of its decline around the middle of the 10th century CE.

5. Consolidation: the decline of the ‘Abbaasid dynasty from about 960 CE to the murder of the last ‘Abbaasid Caliph at the hands of the Mongols in the middle of the 13th century CE.

6. Stagnation and Decline: from the sacking of Baghdad in 1258 CE to the present.

In this work [of “The Evolution of Fiqh”] the above mentioned stages in the development of Fiqh will be described with special reference to the relevant social and political context of the respective periods. As the reader follows this development, he will be given insight into the evolution of the Madhabs (schools of Islamic legal thought) as well as their contributions to Fiqh. Hopefully he will then be able to appreciate the fact that all the Madh-habs have contributed in different degrees to the Development of Fiqh, and that no single Madh-hab can properly be claimed to represent Islaam of Islamic law in its totality.

In other words, any one school of thought acting alone does not determine Fiqh. All Madhabs have been important instruments for the clarification and application of the Shari’ah. Together, Fiqh and Shari’ah should be unifying forces that unite all Muslims regardless of place, time or cultural background.

In fact, the only infallible Madhhab that deserves to be followed without any questions asked is that of the Prophet Muhammad ﷺ himself. Only his interpretations of Sharee’ah can be considered divinely guided and meant to be followed until the last day of this world. All other Madhabs are the result of human effort, and thus are subject to human error.

Or as Iman ash-Shafi’i, founder of the Shaafi’ee Madhab, so wisely put it,

“There isn’t any of us who hasn’t had a saying or action of Allah’s Messenger ﷺ elude him of slip his mind. So no matter what rulings I have made or fundamental principles I have established, there will be in them things contrary to the way of Allah’s Messenger ﷺ However, the correct ruling is according to what the Messenger of Allah ﷺ said, and that is my true ruling.”2

[Read the full Series of “The Evolution of Fiqh” here]

For a proper understanding of the historical development of Islamic law, the terms Fiqh and Sharee’ah need to be defined. Fiqh has been loosely translated into English as “Islamic law” and so has Sharee’ah, but these terms are not synonymous either in the Arabic language of to the Muslim scholar.

Fiqh literally means, the true understanding of what is intended. An example of this usage can be found in the Prophet Muhammad’s statement: “To whomsoever Allaah wishes good, He gives the Fiqh (true understanding) of the Religion”.1 Technically, however, Fiqh refers to the science of deducing Islamic laws from evidence found in the sources of Islamic law. By extension it also means the body of Islamic laws so deduced.

Sharee’ah, literally means, a waterhole where animals gather daily to drink, or the straight path as in the Qur’anic verse:

“Then we put you on a straight path (Sharee’ah) in you affairs, so follow it and do not follow the desires of those who have no knowledge.”2

Islamically, however it refers to the sum total of Islamic laws which were revealed to the Prophet Muhammad (SW.), and which are recorded in the Qur’aan as well as deducible from the Prophet’s divinely-guided lifestyle (called the Sunnah).3

The Distinction

From the previous two definitions, the following three differences may be deduced:

1. Sharee’ah is the body of revealed laws found both in the Qur’aan and in the Sunnah, while Fiqh is a body of laws deduced from Sharee’ah to cover specific situations not directly treated in Sharee’ah law.

2. Sharee’ah is fixed and unchangeable, whereas Fiqh changes according to the circumstances under which it is applied.

3. The laws of Sharee’ah are, for the most part, general: they lay down basic principles. In contrast, the laws of Fiqh tend to be specific: they demonstrate how the basic principles of Sharee’ah should be applied in given circumstances.

Note:

• In this book on the evolution of Fiqh the term “Islamic Law” will be used to mean the laws of Sharee’ah and the laws of Fiqh combined. The terms Fiqh or Laws of Fiqh and Sharee’ah or Law of Sharee’ah will be used where a distinction seems necessary.

• At the end of this book there is a glossary of Arabic terms and their plurals used in this book. In the text of this book the English plural is used except in cases where the Arabic plural is more widely known. For example, Muslims is used instead of Muslimoon and Soorahs instead of Suwar.

[Read the full Series of “The Evolution of Fiqh” here]

Read more

Read more

Full Lecture & Study Notes

Read more

Read more

Read more

Read more

Read more

Read more

Read more

Study Notes

Read more

Read more

Read more

Read more

Read more

Read more

1. The Obligatory (fard). For the majority of scholars, fard and wajib are synonymous, and both convey an imperative and binding demand regarding the performance of an action. The Obligatory is an act that is established by a decisive text (dalil qati’) whose meaning is decisive and not open to the possibility of interpretation, such as the five pillars of prayer, and that which has been established by way of Sunna Muttawatir, such as the recitation of Quran in prayer.

The Hanafis however, have drawn a distinction between fard and wajib. An act is deemed obligatory (fard) according to the Hanafis if it is conveyed in a clear and definitive text of the Quran or sunna (known as dalil qati’). Though if the command to perform something is conveyed in a speculative text (dalil dhanni), then the act is deemed necessary [wajib].

It is compulsory to perform that which is deemed obligatory. One who performs an obligatory act out of obedience to God is rewarded, while a person who abstains from an obligatory act without a valid excuse makes himself liable and deserving of punishment. The one who denies the binding nature of an obligatory act becomes an unbeliever if it is established through a clear and definitive text (dalil qati’), but not if he disputes the authority of a command that is deemed wajib, although he becomes a transgressor.

A consequence of the distinction between fard and wajib is that when the fard is neglected in an act required by the Sacred law, the whole act is null and void. For example; if one leaves out bowing or prostration of the obligatory prayers, the whole prayer is nullified, though if he leaves out the recitation of the Fatiha (which is wajib), the prayer is valid, but deficient.

2. The Necessary [wajib] according to the Hanafi school is that which is established by a firm command, but which has been established through a text that allows for the possibility of interpretation. This textual proof is called dalil dhanni. This type relates to acts such as sadaqa al-Fitr and the witr prayer. Verily, these have been established by a speculative text [dhanni text] that is open to interpretation. If however, the subject thing is established with a definitive and clear proof [dalil qati’], such as with a Quranic verse or hadith Muttawatir, then it is deemed obligatory (fard) as previously mentioned. Denying that which is necessary is deemed as corruption (fisq), though not disbelief. To leave a wajib act is sinful.

The omission of wajib components of prayer does not nullify prayer provided it is omitted abentmindedly and provided two forgetful prostrations are perfomed at the end of prayer. If a wajib component of prayer is intentionally omitted, then one is required to repeat his prayer in order to mend the defect.

The Mandub (Recommended Act) or Sunna

The mandub (or recommended act) is divided into three parts:

1. Sunna Mu’akkada: namely, the emphasized sunnan

2. Sunan Nafila: The Sunnah whose acts have been sanctioned by the Sacred law (nafila), though they are not emphasized

3. Sunan Zawa’id: which refers to the acts and conduct performed by the Prophet as a human being such as his style of dress and choice of food.

3. The Emphasized Sunna [sunna mu’akkada] is that which our blessed Prophet ﷺ or the Companions did most of the time with respect to worship and did not leave it except on rare occasion. Examples include the congressional prayer, the adhan and iqama as well as all matters of worship which the Prophet ﷺ was diligent upon. This sunna is also termed Sunna al-Huda.

The one who performs an emphasized sunna is rewarded while leaving it is not punishable, though is worthy of blame and reprimand. Customarily leaving a sunna is sinful, because it entails ‘turning away’ from the Messenger of Allah whom we have been commanded to follow. If a person gives up such acts totally, he is liable to lose his moral probity (‘adalah) which may result in the rejection of his testimony. If a town collectively decides to give up these recommended acts, then they expose themselves to legal and military action.

Note: the congretiongational prayer according to the Hanafi Madhhab is an emphasized sunna, whereas the majority maintain that is a communial obligation. Ahmad ibn Hanbal maintained that it is obligatory on each person to attend the congregational prayer.

4. The Recommended Sunan (nafila), which is not emphasized (and which is also termed mustahab (desirable), meritorious, and voluntary) is that which the Prophet ﷺ did one or more times and then discontinued, and did not diligently perform, such as the four rak’ah's prior to the ‘isha prayer, and all other voluntary acts, such as donating charity to the poor, fasting on the Monday and Thursday of each week. The ruling for one who performs acts of this kind is that he is deserving of reward, while leaving it is not sinful or blameworthy because it is not part of his lawgiving.

Sunnah Zawa’id are the acts of the Prophet pertaining to his ordinary daily tasks as a human being, such as his dress, choice of food and drinks as hid dealing and conduct with his family members. These are acts considered as part of an individual’s perfection by following the Prophet in such things. The rule for such acts is that one who adopts them with the intention of following the Prophet, is an excellence and is to be rewarded. This indicates one’s love for the Prophet. But someone who does not follow the Prophet in such matters they are not in the degree or the sunan al-Huda (emphasized) as mentioned previously.

A question from these categories is the following: Is it necessary to fulfill a nafl act that was commenced but was not completed or is it not necessary? The jurists differed on this point. Imam Shafi’i held that one is not required to perform the nafl he commenced and neither is he blamed for its discontinuation, because the nafl was legally introduced with that quality, and this does not impose the act upon a person. Therefore, one is rewarded for its fulfillment and is not blamed for its omission. And as long as it was introduced into the law with that quality, then it is necessary that it remains as such even after it is commenced. He added that it cannot become a requirement because the relaity of something does not change by being commenced; and that it is perserved in its quality, which is nafl, whether he completes it or nullifies it [Usul al-Fiqh al-Islam, Wahbi az-Zuhauli 85-86].

Abu Hanifa maintained that nafl (i.e. an optional act) that is commenced becomes a requirement to fulfill. For example: if a person begins a voluntary fast, but then ruins the fast, he is required to make up that day even though it was voluntary. He held that if one commenced a voluntary prayer or fast, he is required to accomplish it; and if he does not, then he will become liable to fulfill it as qada’ (makeup). Abu Hanifa used the following proof; Allah said {…and make not vain your deeds} [Quran 47:33]. Abu Hanifa also maintained that nafl can change into wajib when one promises such an act. For example: “I vow by God, that I will perform two rak’ahs of prayer,” then he is required to perform them. Hence, the rak’ahs were voluntary, but became necessary [wajib] with the vow.

5. The Permissible [mubah] is what the Law-giver has neither requested nor prohibited, so the person who does it, is not rewarded or punished. Though such acts are rewarded if the person intended good. It is also called halal. The mubah mentioned in the text is usually in words like, “It is of no harm to perform…” or “It is no sin for you,” and so on.

6. The Somewhat Disliked [makruh tanzih] is that which we have been commanded to leave, even though it is not sinful; meaning the law-giver has interdicted but not strictly forbidden. One who leaves it is rewarded, while one who does it has acted sub optimally and is not deserving of punishment. Examples of such things that apply to this category is the wudu from the leftover water of a cat or predatory animal. Ibrahim as-Salkini says, “To leave that which is in indicative of the sunna or that which is recommended - is somewhat disliked [makruh tanzih].”

7. The Prohibitively Disliked (reprehensible) or unlawfully disliked [makruh tahrim] is the opposite of wajib according to the Hanafis. It is an act that we have been firmly commanded to leave through a text which is open to the possibility of interpretation. Denying such a command is misguidance and worthy of punishment, but not disbelief. Performing such an act is sinful. The above division of makruh is based on the Hanafi opinion, which the majority of jurists place makruh tahriman into the category of forbidden insofar as it is a demand for omission expressed in binding terms.

8. The Forbidden [haram] is that which the Law-giver strictly forbids through a decisively established text. Someone who commits an unlawful act is deserving of punishment, while one who refrains from it out of obedience to Allah is rewarded.

INTRODUCTION

Nur al-Idah is a broadly taught Hanafi text which entails vast areas of jursprudence, namely the rulings pertaining to worship. It leaves the student well prepared to deal the entirety of issues from purification to hajj. It reveals in a small way as to why the Hanafi Madhhab is held in such high esteem from scholars all over the world. It is practical, sensible, and can be used as a reference. This book is based on the teachings of Abu Hanifa and his students, namely Imam Muhammad, Abu Yusuf, and Zufar; and provides the reader with and insight into one of the most widely embraced Madhhabs by the judicial systems in the world today.

FORMAT OF THE TEXT

This text of Nur al-Idah presents the Arabic followed by its English translation in bold text. Usually, explanation translated from Maraky al-Falah follows the bold text, which is the explanation of Nur al-Idah. Both books are authored by the same person: Hasan Shurunbulali.

Moreover, It has been my (Translator) attempt to translate the text of Nur al-Idah in a manner that can be read independently without reading the commentary or explanatory notes, although at times - interpretation is essential in understanding the meaning of the actual text. As previously stated, interpretation and comments are by and large from Maraky al-Falah and at times from other Hanafi sources, such as Hashia ibn Abidin, al-Ikhtiyar, Al-Hidaya, Bajr ar-Ra’iq, and Badai’ as-Sanai’. One of the objectives of referencing other Hanafi texts is to provide greater clarity and aid the student to view the laws in a different light enabling one to deal with legal rules in a practical way. Indeed, a translation may simplify many things, though this will still require the complete and concentrated attention of the reader. Furthermore, the position of other schools, such as the Shafi’i Madhhab has been added in various places with the intent to give the reader a broader perspective on matters and demonstrate the similarities and differences between the various schools of thought.

As any endeavor in undertaken in translating an Islamic law book, it is possible as with all things to overlook fine points. However, in stating this, the reader should keep in mind that every effort was exhausted in ensuring the translation is an accurate and correct one. Despite having studied the text and its explanation numerous times under esteemed scholars; their direction, advice, interpretation, wisdom, and reference was sought at abundant sittings. Lastly, the rule that is displayed in bold is the law. The other opinions mentioned in the annotations and notes are not to be followed. They have been provided to teach the reader fiqh (jurisprudence). Therefore, the text in bold is the governing and primary text.

ABOUT THE BOOK

Nur Al-Idah is a classical text on Sacred Law, and for generations has been one of the most widely taught texts used to transmit reliable rulings on Islamic Law according to the Hanafi School. It is an ample law book that covers vast areas of learning ranging from purification to hajj. It leaves the student well prepared to deal with matters pertaining to worship and provides sufficient grounding in the matters one encounters daily. This text has been published for its first time into English and includes commentary from other Hanafi sources, such as Maraqi al-Falah, Radd Al-Muhtar, and al-Hidayah. It is understood that the seeker of knowledge requires Arabic text and for this reason it has been included along with the English to enable easier understanding.

Abu Hanifa was alone among his contemporaries in combining religious piety with and understanding of worldly needs, and especially the needs of a growing society. Due to the legal references constantly being made to him he had become acquainted with thousands of complicated questions concerning human relations. His council was to all intents and purposes a supreme court, which had decided hundreds of thousands of cases. It virtually had an official status and was consulted by state functionaries. Most of his disciples and associates, who numbered hundreds, were people holding judicial posts. To crown all, he was a born jurist with a flair for the finer points of law an intuitive appreciation of its operation in human affairs.

Imam Shafi’i said of him, “In fiqh, people are dependent on Abu Hanifa.” Imam Ahmad Ibn Hanbal said, “If in any matter there is agreement between three people, then one pays no attention to the verdict of anyone who disagrees with them.” Someone asked him, “Who are they?” He answered, “Abu Hanifa, Abu Yusuf, and Muhammad Ibn al-Hasan.”

Hasan Ibn Ammar Abu al-Ikhlas al-Misri Shurunbulali was born in 994 A.H. and is regarded by many as one of the greatest scholars of his time. He was described as a master in the areas of jurisprudence, primary text and base. His teachings were a source of great benefit for others. His immense knowledge of the Sacred Law was acquired at the hands of Abdullah al-Nahriri and Muhammad al-Mahby who said of him, “He was the lamp and luminous shine of Al-Azhar.”

ABOUT THE AUTHOR

Hasan al-Shurunbulali

He was one of the greatest scholars of his time. He is Hasan Ibn Ammar Abu al-Ikhlas al-Masri Shurunbulali born in 994 A.H. / [1580 CE]. He was one of the most distinguished scholars in jurisprudence and the greatest of his time and regard as the most brilliant and knowing in jurisprudence, primary text, and base.

He became a master of jurisprudence at the hands of Abdullah al-Nahriri and Muhammad al-Mahby. Imam Shurunbulali studied in the Azhar in Cairo and was a source of great benefit for others. Other scholars, such as al-Mahby said of him, “He was the lamp and luminous shine of al-Azhar.” The Imam (God be pleased with him) was a possessor of high moral qualities and an eloquence in the Arabic language. He was an individual who abstained from anything which resembled foulness and grasped to the religion of Allah. He authored a number of books for the benefit of the people such as:

• Sharh al-Mandhuma Ibn Wahban (consisting of two volumes)

• Nur al-Idah and Najatul Arwah (this book)

• Tufatul Akmal

• Hashia ala Kitab ad-Durar wal-Ghurar