[Slideshare]fiqh course#5-adab followgmadzhab(2011)

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INTRODUCTION TO THE STUDY INTRODUCTION TO THE STUDY OF OF FIQH FIQH Intermediate Level Islamic course in Intermediate Level Islamic course in English for Adults English for Adults conducted by Ustaz Zhulkeflee Hj Ismail conducted by Ustaz Zhulkeflee Hj Ismail IN THE NAME OF IN THE NAME OF ALLAH, ALLAH, MOST MOST COMPASSIONATE, COMPASSIONATE, MOST MERCIFUL. MOST MERCIFUL. All Rights Reserved © Zhulkeflee Hj Ismail (2011) LESSON # 5 – LESSON # 5 – ADAB IN FOLLOWING A MADZHAB ADAB IN FOLLOWING A MADZHAB And say: O Lord! Increase for me my knowledge Using text & curriculum he has developed Using text & curriculum he has developed especially for especially for Muslim converts and young Adult English-speaking Muslim converts and young Adult English-speaking Muslims. Muslims. To seek knowledge is obligatory upon every Muslim (male To seek knowledge is obligatory upon every Muslim (male & female)” & female)”

description

“INTRODUCTION TO THE STUDY OF FIQH” Intermediate Level Islamic course in English for Adults conducted by Ustaz Zhulkeflee Hj Ismail (Singapore)LESSON # 5 – ADAB IN FOLLOWING A MADZHAB

Transcript of [Slideshare]fiqh course#5-adab followgmadzhab(2011)

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““INTRODUCTION TO THE INTRODUCTION TO THE STUDY OF STUDY OF FIQH FIQH ””

Intermediate Level Islamic course in English for AdultsIntermediate Level Islamic course in English for Adultsconducted by Ustaz Zhulkeflee Hj Ismailconducted by Ustaz Zhulkeflee Hj Ismail

IN THE NAME OF ALLAH,IN THE NAME OF ALLAH,MOST COMPASSIONATE,MOST COMPASSIONATE,MOST MERCIFUL.MOST MERCIFUL.

All Rights Reserved © Zhulkeflee Hj Ismail (2011))

LESSON # 5 – LESSON # 5 –

ADAB IN FOLLOWING A MADZHAB ADAB IN FOLLOWING A MADZHAB

And say: O Lord! Increase for me my knowledge

Using text & curriculum he has developed especially for Using text & curriculum he has developed especially for Muslim converts and young Adult English-speaking Muslims. Muslim converts and young Adult English-speaking Muslims.

““To seek knowledge is obligatory upon every Muslim (male & female)”To seek knowledge is obligatory upon every Muslim (male & female)”

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““O ye who believe! Obey Allah and obey the O ye who believe! Obey Allah and obey the

Messenger and those charged with authority Messenger and those charged with authority

from among you (from among you (ulil-’amri min-kumulil-’amri min-kum).”).”

((Qur’an: An-Nisa’: 4: 59Qur’an: An-Nisa’: 4: 59))

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““... Ask from those who possess the Message (az-Zikr : ... Ask from those who possess the Message (az-Zikr :

the remembrance) in matters which you do not know.“the remembrance) in matters which you do not know.“

((Qur’an: al-Nahlu: 16: 43Qur’an: al-Nahlu: 16: 43))

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“ “Nor should the Believers all go forth together: Nor should the Believers all go forth together:

if a contingent from every expedition remained if a contingent from every expedition remained

behind, they could devote themselves to studies behind, they could devote themselves to studies

in religion (in religion (faqih fid-deenfaqih fid-deen) and admonish the ) and admonish the

people when they return to them ― that thus people when they return to them ― that thus

they (may learn) to guard themselves they (may learn) to guard themselves

(against evil).”(against evil).”

((Qur’an: Taubah: 9: 122Qur’an: Taubah: 9: 122))

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““Allah will raise up, to (suitable) ranks (and degrees), Allah will raise up, to (suitable) ranks (and degrees),

those of you who believe and who have been granted those of you who believe and who have been granted

Knowledge : Knowledge : and Allah is well-acquainted with all that and Allah is well-acquainted with all that

ye doye do.“.“

((Qur’an: Mujadilah: 58: 11Qur’an: Mujadilah: 58: 11))

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“ “(Honour) My successors, may Allah s.w.t. be Merciful towards (Honour) My successors, may Allah s.w.t. be Merciful towards

them!.” He was asked: “Who are your successors O Messenger of them!.” He was asked: “Who are your successors O Messenger of

Allah?” And he said: “They are those who revive my Sunnah and Allah?” And he said: “They are those who revive my Sunnah and

teaches them to the servants of Allah.”teaches them to the servants of Allah.”

((Hadith of the Prophet s.a.wHadith of the Prophet s.a.w.).)

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““(‘Ali ibn Abi Talib r.a. said) “I asked: ‘O Messenger of Allah! (What are (‘Ali ibn Abi Talib r.a. said) “I asked: ‘O Messenger of Allah! (What are

we to do when) matters come before us wherewith there is no (explicit) we to do when) matters come before us wherewith there is no (explicit)

indication regarding them in the Qur’an nor in the Sunnah from you indication regarding them in the Qur’an nor in the Sunnah from you

regarding them (regarding its ruling)?’regarding them (regarding its ruling)?’

(The Prophet s.a.w.) he said: “You are to gather together the learned (The Prophet s.a.w.) he said: “You are to gather together the learned

((‘ulama‘ulama) amongst them” – or he may have said “The worshippers ) amongst them” – or he may have said “The worshippers

((‘abideen ‘abideen ) from amongst the Believers” – “Convene with them ) from amongst the Believers” – “Convene with them shurashura

(mutual consultations to derive a collective decision) in regard to (mutual consultations to derive a collective decision) in regard to

religious rulings. Do not decide based upon (idea or knowledge of) only religious rulings. Do not decide based upon (idea or knowledge of) only

one (singular) person’s thought.”one (singular) person’s thought.”((Hadith reported by Ibnu Abdil BarrHadith reported by Ibnu Abdil Barr))

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““If anyone contends with the Messenger even after If anyone contends with the Messenger even after

guidance has been plainly conveyed to him, and follows guidance has been plainly conveyed to him, and follows

a path other than that becoming to men to Faith, We shall a path other than that becoming to men to Faith, We shall

leave him in the path he has chosen, and land him in Hell, leave him in the path he has chosen, and land him in Hell,

what an evil refuge.” (what an evil refuge.” (Qur’an: An-Nisa’: 4: 115)Qur’an: An-Nisa’: 4: 115)

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““Thus have We made of you an Ummah justly Thus have We made of you an Ummah justly

balanced That ye might be witnesses over the nations balanced That ye might be witnesses over the nations

and the Messenger a witness over yourselvesand the Messenger a witness over yourselves.”.”

((Qur’an: Baqarah: 2: 143Qur’an: Baqarah: 2: 143))

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““My ummah (community) will never agree My ummah (community) will never agree

upon matters which are erroneous”upon matters which are erroneous”

((Hadith reported by Tirmidzi, Abu Dawud, Ibn Majah & DaruqutniHadith reported by Tirmidzi, Abu Dawud, Ibn Majah & Daruqutni))

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"Verily Allah does not remove knowledge from the (hearts of the) Verily Allah does not remove knowledge from the (hearts of the)

people, rather he takes away knowledge by taking away its people, rather he takes away knowledge by taking away its

people (the true scholars – people (the true scholars – ‘ULAMA‘ULAMA), until there are no more ), until there are no more

scholars, the people then take leaders that are ignorant, and scholars, the people then take leaders that are ignorant, and

when they are asked, and give when they are asked, and give fatwas fatwas – religious rulings, (they – religious rulings, (they

give) without knowledge, so they misguide and are misguided.“give) without knowledge, so they misguide and are misguided.“

((Hadith reported by Ashaab as-Sunnan from Ibnu ‘Umar r.aHadith reported by Ashaab as-Sunnan from Ibnu ‘Umar r.a.).)

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““When a trust (When a trust (AMANAHAMANAH)is neglected, )is neglected,

then wait for the time (of its destruction).” then wait for the time (of its destruction).”

Somebody ask: Somebody ask:

‘‘How shall this be neglected O Messenger of Allah?’ How shall this be neglected O Messenger of Allah?’

He the replied: “When a matter (affair) is given over, He the replied: “When a matter (affair) is given over,

not to its rightful (legitimate) person (not to its rightful (legitimate) person (AHLIHAAHLIHA), ),

then wait for its time (of destruction).”then wait for its time (of destruction).”

((Hadith reported by BukharyHadith reported by Bukhary) )

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““If ye differ in anything among yourselves, refer it to If ye differ in anything among yourselves, refer it to

Allah and His Messenger Allah and His Messenger ** if ye do believe in Allah and if ye do believe in Allah and

the Last Day: that is best, and most suitable for final the Last Day: that is best, and most suitable for final

determination.”determination.”

((Qur’an: An-Nisa’: 4: 59Qur’an: An-Nisa’: 4: 59))All Rights Reserved© Zhulkeflee Hj Ismail (2011)

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** This is especially referring to the Islamic scholars and This is especially referring to the Islamic scholars and

jurists (jurists (mujtahidmujtahid), who are competent to refer back to ), who are competent to refer back to

these two primary sources – not just any one.these two primary sources – not just any one.

The general Muslims must rely upon those jurists The general Muslims must rely upon those jurists

and scholars (and scholars (mujtahidmujtahid of a of a madzhabmadzhab) decisions by ) decisions by

TaqlidTaqlid. .

Differences of opinions amongst Differences of opinions amongst madzaahibmadzaahib termed termed

““khilafiyyahkhilafiyyah ” are to be respected with Adab which is ” are to be respected with Adab which is

expected of Muslim students towards all our Islamic expected of Muslim students towards all our Islamic

teachers and scholars (teachers and scholars (ulama’ulama’.).)

IMPORTANT CLARIFICATIONIMPORTANT CLARIFICATION

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From “Qa-la-da” – to adorn with a necklace;

to entrust authority to someone; to follow, imitate, etc.

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In Islamic legal theory, the scholars define “In Islamic legal theory, the scholars define “TAQLIDTAQLID” ” asas : :

“ “Accepting the view of someone (who is a qualified jurist – Accepting the view of someone (who is a qualified jurist –

termed : termed : FAQIHFAQIH / / MUJTAHIDMUJTAHID) without a proof” ) without a proof”

((qabuu-lu qaw-lil-ghayr min ghay-ri -Hujjah).”qabuu-lu qaw-lil-ghayr min ghay-ri -Hujjah).”11

1 – Imam al-Ghazalie r.h.m. Al-Mustasfå min ‘Ilm al-Usul (Cairo: Maktabah al-Tijariyyah, 1356), 2:387.

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Those who are not qualified scholars (termed Those who are not qualified scholars (termed

‘‘FAQIHFAQIH’ - one who are competent to do “’ - one who are competent to do “IJTIHADIJTIHAD “ “

also called “also called “MUJTAHIDMUJTAHID”) , are ”) , are the ordinary Muslim the ordinary Muslim

(still technically regarded as a “(still technically regarded as a “MUQOLLIDMUQOLLID” ) , it is ” ) , it is

obligatory to “obligatory to “TAQLIDTAQLID” to opinions of a ” to opinions of a mujtahidmujtahid..

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From “Ja-ha-da” – to strive; effort;

exertion, endeavour, labour, etc.

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In Islamic legal theory, scholastic method referred to In Islamic legal theory, scholastic method referred to

as “as “IJTIHADIJTIHAD” ” means simplymeans simply,, ‘ ‘exertionexertion’,’,

Religiously speaking, it refers to a competent jurist Religiously speaking, it refers to a competent jurist

((FAQIHFAQIH) “) “expending every possible effort to examineexpending every possible effort to examine” ” the the

textual evidences, so as to arrive at a ruling of the Sacred textual evidences, so as to arrive at a ruling of the Sacred

Law. Law.

CLARIFICATIONCLARIFICATION

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The point here is that “The point here is that “IJTIHADIJTIHAD is not just one of is not just one of

scholarly exertion, but of exhaustion.scholarly exertion, but of exhaustion.” ” Fathoming the Fathoming the

intent of the Lawgiver, and inferring new rulings from the intent of the Lawgiver, and inferring new rulings from the

primary sources extensively - so as to reach a sound legal primary sources extensively - so as to reach a sound legal

conclusion - is indeed a most arduous and demanding task conclusion - is indeed a most arduous and demanding task

not for just any or everyone.not for just any or everyone.

CLARIFICATIONCLARIFICATION

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In Islamic legal theory, such a scholar is called In Islamic legal theory, such a scholar is called

““MUJTAHIDMUJTAHID” – and has many levels, those of the highest ” – and has many levels, those of the highest

category, whose juristic methods and decisions are widely category, whose juristic methods and decisions are widely

followed termed – “followed termed – “MUJTAHID MUTLAQ MUJTAHID MUTLAQ ” – became as a ” – became as a

school of jurisprudence called “school of jurisprudence called “MADZHABMADZHAB” or ” or

““MADZAAHIBMADZAAHIB”(plural).”(plural).

CLARIFICATIONCLARIFICATION

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The well-known The well-known MADZAAHIBMADZAAHIB that survived are : that survived are :

[1] [1] JA’FARIJA’FARI – Imam Ja’far ibn Muhammad as-Sodiq – Imam Ja’far ibn Muhammad as-Sodiq

[2] [2] HANAFIHANAFI – Imam Abu Hanifah Nu’man ibn Tsabit – Imam Abu Hanifah Nu’man ibn Tsabit

[3] [3] MALIKIMALIKI – Imam Malik bin Anas – Imam Malik bin Anas

[4] [4] SHAFI-’IESHAFI-’IE – Imam Muhammad Idris as-Shafi-’ie – Imam Muhammad Idris as-Shafi-’ie

[5] [5] HANBALIHANBALI – Imam Ahmad bin Hanbal – Imam Ahmad bin Hanbal

CLARIFICATIONCLARIFICATION

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Imam al-Qurtubi rhm. says: “No difference exists Imam al-Qurtubi rhm. says: “No difference exists

among the scholars that, the laymen are to perform among the scholars that, the laymen are to perform taqlidtaqlid

of their scholars (of their scholars (MUJJTAHIDMUJJTAHID)).” .” **

Ibn Qudamah explicitly states: “As far as Ibn Qudamah explicitly states: “As far as taqlidtaqlid in the in the

details of the Sacred Law (details of the Sacred Law (FURU‘FURU‘) is ) is concerned, it is concerned, it is

allowed by consensus (allowed by consensus (IJMAIJMA’’).”).”++

CLARIFICATIONCLARIFICATION

* Al-Jami‘ li Ahkam al-Qur’an (Beirut: Dar al-Kutub al-‘Ilmiyyah),

+ Al-Rawdatu’l-Nazir wa Jannat al-Manazir (Riyadh: Maktabah al-Rushd),

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Contemporary scholar, Imam al-Shanqiti rhm.wrote: Contemporary scholar, Imam al-Shanqiti rhm.wrote:

“ “The prescribed taqlid, which none of the Muslims contest, is the The prescribed taqlid, which none of the Muslims contest, is the

layman’s performing taqlid of a scholar qualified to issue fatwa on layman’s performing taqlid of a scholar qualified to issue fatwa on

various matters. This type of taqlid was in vogue during the time of the various matters. This type of taqlid was in vogue during the time of the

Prophet, peace be upon him, and there was no contention about it. The Prophet, peace be upon him, and there was no contention about it. The

layman asked whosoever he wished from the Companions of the layman asked whosoever he wished from the Companions of the

Prophet, may Allah be pleased with them, about the ruling for a given Prophet, may Allah be pleased with them, about the ruling for a given

case. Whenever a fatwa was given, he simply complied with it.” case. Whenever a fatwa was given, he simply complied with it.” **

CLARIFICATIONCLARIFICATION

* Adwa’ al-Bayån, 7:318

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“What are the requirement and necessary qualification for a Mujtahid ?”

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– literally means “an effort or an exercise to arrive at

one’s own judgement” – technically it is used in regards

to “the exertion by a (mujtahid) qualified Islamic scholar

in (istinbat) extracting legal rulings from the primary

sources.”

IJTIHADIJTIHAD

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Knowledgeable about the religion of Islam, the Sunnah

(Ways or traditions of the Prophet s.a.a.w.), Fiqh

(Jurisprudence) and Usul-al-Fiqh (Principles of

Jurisprudence) especially:

[A] He must be so very well versed in the study of Qur’an,

that he must know its sciences, the reason why and when

the verses and chapters of the Qur’an were revealed

(Asbab-al-Nuzul), the eloquence, the commentaries etc.;

REQUIREMENTREQUIREMENT

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[B] He must be well versed in the study of the traditions of

the Prophet Muhammad s.a.a.w. That is, he must know

the distinction between authentic Hadith from the

spurious and the various other technical categories of

Ahadith – viz. Mutawwatir, Shahih, Hasan, Dho’if,

Maudhu’ etc.;

REQUIREMENTREQUIREMENT

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[C] He must know the principles of Ijma’ (scholarly

consensus) very well;

[D] He must know the injunctions of Qiyas (jurisdistic

analogy).

REQUIREMENTREQUIREMENT

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Apart from his qualification, he must posses good Islamic

character apart from academic excellence. Among the

moral qualities are:

(a) He must be a good Muslim. That he must not be a

nominal Muslim; rather, must be a practising one.

OTHER IMPORTANT CRITERIAOTHER IMPORTANT CRITERIA

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Apart from his qualification, he must posses good Islamic

character apart from academic excellence. Among the

moral qualities are:

(b) He must be very pious and law-abiding to all the

injunctions of the Holy Qur’an.

OTHER IMPORTANT CRITERIAOTHER IMPORTANT CRITERIA

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Apart from his qualification, he must posses good Islamic

character apart from academic excellence. Among the

moral qualities are:

(c) He must not be influenced by any heretical influences.

OTHER IMPORTANT CRITERIAOTHER IMPORTANT CRITERIA

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Apart from his qualification, he must posses good Islamic

character apart from academic excellence. Among the

moral qualities are:

(d) He must be just, reliable, trustworthy and pure from

iniquitous practices.

OTHER IMPORTANT CRITERIAOTHER IMPORTANT CRITERIA

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– – These were those who did These were those who did ijtihadijtihad in the matter of in the matter of

Shari’ahShari’ah amongst the companions of the Prophet till the amongst the companions of the Prophet till the

third century of Islam.third century of Islam.

AL-MUJTAHID FI - AL-SHARI-’AHAL-MUJTAHID FI - AL-SHARI-’AH

(reference from “Shariah: The Islamic Law” by Abdur Rahman I. Doi)

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– – these are those who did these are those who did ijtihadijtihad after the companion after the companion

((SahabiSahabi)) era and later found schools of jurisprudence. era and later found schools of jurisprudence.

There are today 5 main surviving schools of Jurisprudence, There are today 5 main surviving schools of Jurisprudence,

viz. Ja’fari, Maliki, Hanafi, Shafi’ie and Hanbaliviz. Ja’fari, Maliki, Hanafi, Shafi’ie and Hanbali

AL-MUJTAHID FI - AL-MADZHABAL-MUJTAHID FI - AL-MADZHAB

(reference from “Shariah: The Islamic Law” by Abdur Rahman I. Doi)

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– – these are those who follow them (these are those who follow them (mujtahid fi-al-Madzhab mujtahid fi-al-Madzhab ) )

i.e. the present day i.e. the present day mujtahidsmujtahids who give Fatwa (or Juristic who give Fatwa (or Juristic

opinions) on religious matters when required.opinions) on religious matters when required.

AL-MUJTAHID FI - AL-MASAA-ILAL-MUJTAHID FI - AL-MASAA-IL

(reference from “Shariah: The Islamic Law” by Abdur Rahman I. Doi)

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AL-QUR’ANAL-QUR’AN The Revealed Book

AS-SUNNAHAS-SUNNAH The Way of the Prophet

IJMA’IJMA’ Consensus

QIYASQIYAS Analogous deduction

Generally, these four are known by many Muslims as the sources by which Islamic rulings are derived. The primary sources being “Kitabullah wa Sunnati Rosuulihi”.

What follows are (secondary) generally falls under the method termed “ijtihad” that has many approaches, of priority is “ijma” and “Qiyas ”. Yet, there are more ....

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Generally, these four are known by many Muslims as the sources by which Islamic rulings are derived. The primary sources being “Kitabullah wa Sunnati Rosuulihi”.

What follows are (secondary) generally falls under the method termed “ijtihad” that has many approaches, of priority is “ijma” and “Qiyas ”. Yet, there are more ....

Istidlal and IstishabIstidlal and Istishab

deduction by logic and reasoning; and relying on presumption; deduction by logic and reasoning; and relying on presumption;

continuation of a rule for a certain situation in a circumstance continuation of a rule for a certain situation in a circumstance

where it is not known whether or not the original situation still where it is not known whether or not the original situation still

existsexists

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Generally, these four are known by many Muslims as the sources by which Islamic rulings are derived. The primary sources being “Kitabullah wa Sunnati Rosuulihi”.

What follows are (secondary) generally falls under the method termed “ijtihad” that has many approaches, of priority is “ijma” and “Qiyas ”. Yet, there are more ....

IstihsanIstihsan

preference

Maslahah al-mursalahMaslahah al-mursalah

for public interest

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Generally, these four are known by many Muslims as the sources by which Islamic rulings are derived. The primary sources being “Kitabullah wa Sunnati Rosuulihi”.

What follows are (secondary) generally falls under the method termed “ijtihad” that has many approaches, of priority is “ijma” and “Qiyas ”. Yet, there are more ....

al-‘Urfal-‘Urf

Customs or norms

Sadd-uz-zara-’iSadd-uz-zara-’i

“closing the door of mischief”

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Page 45: [Slideshare]fiqh course#5-adab followgmadzhab(2011)

Generally, these four are known by many Muslims as the sources by which Islamic rulings are derived. The primary sources being “Kitabullah wa Sunnati Rosuulihi”.

What follows are (secondary) generally falls under the method termed “ijtihad” that has many approaches, of priority is “ijma” and “Qiyas ”. Yet, there are more ....

‘‘Amal ahl-al-madinahAmal ahl-al-madinah

“practices of the people of Madinah”

Ash-shar’u manqablanaAsh-shar’u manqablana

the path traversed by those before us – i.e. the jurists (mujtahidun)

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Page 46: [Slideshare]fiqh course#5-adab followgmadzhab(2011)

Generally, these four are known by many Muslims as the sources by which Islamic rulings are derived. The primary sources being “Kitabullah wa Sunnati Rosuulihi”.

What follows are (secondary) generally falls under the method termed “ijtihad” that has many approaches, of priority is “ijma” and “Qiyas ”. Yet, there are more ....

‘‘Madzhab Sahaabiy Madzhab Sahaabiy

opinions of Companions of the Prophet

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“The learned and wise among Muslims must use constant vigilance in

detecting erroneous usage in language which impinges upon semantic

change in major key elements and creates general confusion and error in

the understanding of Islam and of its worldview.”

Prof. Syed Muhammad Naquib Al-Attas

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““TaqlidTaqlid is is haramharam (forbidden)” (forbidden)”

““Following Following MadzhabMadzhab is is Bid’ahBid’ah (innovation) ! ” (innovation) ! ”

““I want to follow only the I want to follow only the MadzhabMadzhab of the Prophet s.a.w. ! ” of the Prophet s.a.w. ! ”

““Don’t follow Don’t follow MadzhabMadzhab, we must all follow only the Qur’an , we must all follow only the Qur’an

and Sunnah ! ”and Sunnah ! ”

““There is no priesthood in Islam, so why must we obey the There is no priesthood in Islam, so why must we obey the

‘ulama’. After all each one of us can now easily access the ‘ulama’. After all each one of us can now easily access the

Qur’an and Ahadith ! ” etc.Qur’an and Ahadith ! ” etc.

Some people carelessly argues:Some people carelessly argues:

Allow me to respond and clarify..Allow me to respond and clarify..

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TaqlidTaqlid is in fact “ is in fact “wajibwajib” (obligatory) for every Muslim who ” (obligatory) for every Muslim who

are non-are non-MujtahidMujtahid. .

This has been the consensus (This has been the consensus (ijma’ijma’ ) of Islamic scholars since ) of Islamic scholars since

the Prophet’s time – to follow those who are the learned, and the Prophet’s time – to follow those who are the learned, and

the Qur’anic basis are many viz:the Qur’anic basis are many viz:

““Is Is TaqlidTaqlid is is haramharam (forbidden)” ? (forbidden)” ? #1

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Page 50: [Slideshare]fiqh course#5-adab followgmadzhab(2011)

TaqlidTaqlid is in fact “ is in fact “wajibwajib” (obligatory) for every Muslim who ” (obligatory) for every Muslim who

are non-are non-MujtahidMujtahid. .

This has been the consensus (This has been the consensus (ijma’ijma’ ) of Islamic scholars since ) of Islamic scholars since

the Prophet’s time – to follow those who are the learned, and the Prophet’s time – to follow those who are the learned, and

the Qur’anic basis are many viz:the Qur’anic basis are many viz:

““Is Is TaqlidTaqlid is is haramharam (forbidden)” ? (forbidden)” ? #1

““ask of those who possess the Message, ask of those who possess the Message,

in matters which you do not know.” in matters which you do not know.”

((Qur’an: An-Nahlu: 16:43Qur’an: An-Nahlu: 16:43))

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TaqlidTaqlid is in fact “ is in fact “wajibwajib” (obligatory) for every Muslim who ” (obligatory) for every Muslim who

are non-are non-MujtahidMujtahid. .

This has been the consensus (This has been the consensus (ijma’ijma’ ) of Islamic scholars since ) of Islamic scholars since

the Prophet’s time – to follow those who are the learned, and the Prophet’s time – to follow those who are the learned, and

the Qur’anic basis are many viz:the Qur’anic basis are many viz:

““Is Is TaqlidTaqlid is is haramharam (forbidden)” ? (forbidden)” ? #1

All Rights Reserved© Zhulkeflee Hj Ismail (2011)

Page 52: [Slideshare]fiqh course#5-adab followgmadzhab(2011)

TaqlidTaqlid is in fact “ is in fact “wajibwajib” (obligatory) for every Muslim who ” (obligatory) for every Muslim who

are non-are non-MujtahidMujtahid. .

This has been the consensus (This has been the consensus (ijma’ijma’ ) of Islamic scholars since ) of Islamic scholars since

the Prophet’s time – to follow those who are the learned, and the Prophet’s time – to follow those who are the learned, and

the Qur’anic basis are many viz:the Qur’anic basis are many viz:

““Is Is TaqlidTaqlid is is haramharam (forbidden)” ? (forbidden)” ? #1

““Allah will raise up, to (suitable) ranks (and degrees), those of Allah will raise up, to (suitable) ranks (and degrees), those of

you who believe and who have been granted Knowledge”you who believe and who have been granted Knowledge”

((Qur’an: Mujadilah: 58: 11Qur’an: Mujadilah: 58: 11))

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TaqlidTaqlid is in fact “ is in fact “wajibwajib” (obligatory) for every Muslim who ” (obligatory) for every Muslim who

are non-are non-MujtahidMujtahid. .

This has been the consensus (This has been the consensus (ijma’ijma’ ) of Islamic scholars since ) of Islamic scholars since

the Prophet’s time – to follow those who are the learned, and the Prophet’s time – to follow those who are the learned, and

the Qur’anic basis are many viz:the Qur’anic basis are many viz:

““Is Is TaqlidTaqlid is is haramharam (forbidden)” ? (forbidden)” ? #1

All Rights Reserved© Zhulkeflee Hj Ismail (2011)

Page 54: [Slideshare]fiqh course#5-adab followgmadzhab(2011)

TaqlidTaqlid is in fact “ is in fact “wajibwajib” (obligatory) for every Muslim who ” (obligatory) for every Muslim who

are non-are non-MujtahidMujtahid. .

This has been the consensus (This has been the consensus (ijma’ijma’ ) of Islamic scholars since ) of Islamic scholars since

the Prophet’s time – to follow those who are the learned, and the Prophet’s time – to follow those who are the learned, and

the Qur’anic basis are many viz:the Qur’anic basis are many viz:

““Is Is TaqlidTaqlid is is haramharam (forbidden)” ? (forbidden)” ? #1

““O ye who believe! Obey Allah and obey the Messenger O ye who believe! Obey Allah and obey the Messenger

and those charged with authority among you”and those charged with authority among you”

((Qur’an: An-Nisa’: 4: 59Qur’an: An-Nisa’: 4: 59))

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Page 55: [Slideshare]fiqh course#5-adab followgmadzhab(2011)

Study in the lives of the Study in the lives of the Khulafa’ RashidunKhulafa’ Rashidun, Ibn Mas’ud, , Ibn Mas’ud,

Mu’adz, Ibn ‘Abbas, Ibn ‘Umar, A’ishah, Umm Salamah, etc. Mu’adz, Ibn ‘Abbas, Ibn ‘Umar, A’ishah, Umm Salamah, etc.

show that they not only convey show that they not only convey AhadithAhadith, but also give , but also give

““iftahiftah” religious rulings on certain matters. ” religious rulings on certain matters.

This is where This is where MadzhabMadzhab has its beginnings – i.e. during the has its beginnings – i.e. during the

Prophet’s time – “Prophet’s time – “Madzhab SahabyMadzhab Sahaby”” (juristic opinions of the (juristic opinions of the

Companions). And the Prophet s.a.w. knew and even Companions). And the Prophet s.a.w. knew and even

sanctioned this practice.sanctioned this practice.

““Is Is TaqlidTaqlid is is haramharam (forbidden)” ? (forbidden)” ? #1

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Page 56: [Slideshare]fiqh course#5-adab followgmadzhab(2011)

Some scholars advocate “it-tiba’ “ i.e. “following ” by also

understanding the basis (dalil) for a decision. This is to

prevent laziness and cult-like blind adherence (ta’assub)

merely to personalities and charisma.

Howbeit, this “it-tiba’ “ is still regarded as “Taqlid ” because

the person (muttabi’) still has to rely upon whatever the

scholars have presented, for he (who obviously is not

mujtahid) has no competency to adequately assess the

basis from its sources independently.

““Is Is TaqlidTaqlid is is haramharam (forbidden)” ? (forbidden)” ? #1

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Page 57: [Slideshare]fiqh course#5-adab followgmadzhab(2011)

His knowing of the basis is not compulsory, but only

encouraged as a learning process i.e. as encouragement to

aspire to upgrade himself towards becoming knowledgeable

of the Deen; as well as for him to appreciate and learn the

methodology.

It is only in matters of Aqeedah or in matters that outwardly

opposes known principles and teachings of Islam, that “Taqlid

“ (in the sense of following blindly) is Haram (forbidden) i.e.

for those who can think and can verify.

““Is Is TaqlidTaqlid is is haramharam (forbidden)” ? (forbidden)” ? #1

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Page 58: [Slideshare]fiqh course#5-adab followgmadzhab(2011)

Some erroneously assumed that this reliance upon the

authority whose competency can be generally ascertained to

be forbidden, while they conveniently forget that this itself is

in fact complying to Allah’s commandment:

““Is Is TaqlidTaqlid is is haramharam (forbidden)” ? (forbidden)” ? #1

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““... Ask from those who possess the Message (az-Zikr : the ... Ask from those who possess the Message (az-Zikr : the

remembrance) in matters which you do not know.“remembrance) in matters which you do not know.“

((Qur’an: al-Nahlu: 16: 43Qur’an: al-Nahlu: 16: 43))

WaAllaahu a’lamWaAllaahu a’lam

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If by “Bid’ah “ we mean strictly to refer to any “ innovation”

i.e. something which has not been done by the Prophet

s.a.a.w. himself ” - then yes, of course it is “Bid’ah “.

This was because there was no necessity for the Prophet

s.a.a.w. to be following any one else’s opinion on religious

matter.

““Is following Is following MadzhabMadzhab is is Bid’ahBid’ah (innovation) ? ” (innovation) ? ” # 2

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Yet, amongst the Companions of the Prophet, there are

those whom he specifically pointed out to be referred by

others, because these were acknowledged by him as

competent scholars and teachers in the Prophet’s absence.

So if by “madzhab “ we mean “school of thoughts in matters

of juristic, Qur’anic interpretations”, then this is clearly

already advocated by the Prophet s.a.w. himself during his

life-time.

““Is following Is following MadzhabMadzhab is is Bid’ahBid’ah (innovation) ? ” (innovation) ? ” # 2

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So, if some practices occur which is known to the Prophet

s.a.w. and he consented (by not forbidding it) then,

technically it is to be regarded as a Sunnah (Taqririyya).

Here, then the argument in fact supports that following

“madzhab ” is not a “Bid’ah ” but rather is actually a

“Sunnah ”.

““Is following Is following MadzhabMadzhab is is Bid’ahBid’ah (innovation) ? ” (innovation) ? ” # 2

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As to the concern of varieties of views, yes, there were

already “ikhtilaaf ” (differences) in the opinions amongst

the companions themselves, although few, but it was

wisely tolerated by the Prophet s.a.w. himself even during

that period, to teach us how we are supposed to regard

differences of opinions with Adab, amongst the learned.

These differences are even regarded as a mercy.

WaAllaahu a’lam.

““Is following Is following MadzhabMadzhab is is Bid’ahBid’ah (innovation) ? ” (innovation) ? ” # 2

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Although the slogan “Let’s go back to Al-Qur’an and As-

Sunnah” may be correct and in vogue, yet it is a general

statement which must be read with a caveat – i.e. “for

those knowledgeable and who truly are competent to do

so” – which therefore is not a licence for just everyone.

The general Muslims are required to refer to Islamic jurists

and scholars whose opinions, explicitly or implicitly as a

rule, must be founded upon the Qur’an and As-Sunnah.

“ “Why must we follow Why must we follow MadzhabMadzhab when we can go when we can go to the Qur’an and Ahadith ourselves ? ”to the Qur’an and Ahadith ourselves ? ”

# 3

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Page 64: [Slideshare]fiqh course#5-adab followgmadzhab(2011)

So the obvious response to the above is crucially with a

question – “Are you a ‘Mujtahid’? “

The claim of one’s ability to “going back to Al-Qur’an and

Ahadith” must first be ascertained and verified . Without

which one still has to rely upon those who can.

And all “Madzaahib” are in fact a body or collegiate of

competent Islamic scholars whose task are to refer matters

to the Qur’an and As-Sunnah.

“ “Why must we follow Why must we follow MadzhabMadzhab when we can go when we can go to the Qur’an and Ahadith ourselves ? ”to the Qur’an and Ahadith ourselves ? ”

# 3

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Page 65: [Slideshare]fiqh course#5-adab followgmadzhab(2011)

Today those whose advocacy is : “We do not follow any

Madzhab” are spewing a contradiction because they are in

fact setting up a new “Madzhab” i.e. technically it is still

“a madzhab of those who reject traditional Madzhab”,

except that they may not even be learned themselves.

Thus, it is a misguidance of the misguided. May Allah

safeguard us all from every kinds of misguidance.

WaAllaahu a’lam.

“ “Why must we follow Why must we follow MadzhabMadzhab when we can go when we can go to the Qur’an and Ahadith ourselves ? ”to the Qur’an and Ahadith ourselves ? ”

# 3

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Page 66: [Slideshare]fiqh course#5-adab followgmadzhab(2011)

No! Madzaahib in Islam is not the same as

‘denomination’ or ‘sects’ as in Christianity because:

[1] Muslim scholars of every Madzhab adhere to similar

principles – Al-Qur’an, As-Sunnah, Ijma’, Qiyas, etc. – they

differ only in some few secondary matters of

interpretations, but are generally in agreement in most

fundamental issues.

“ “Would not following Would not following MadzhabMadzhab a form of sectarianism a form of sectarianism like the denominations of the Christian churches ? ”like the denominations of the Christian churches ? ”

# 4

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Page 67: [Slideshare]fiqh course#5-adab followgmadzhab(2011)

No! Madzaahib in Islam is not the same as

‘denomination’ or ‘sects’ as in Christianity because:

[2] Whereas in Christianity, ‘denominations’ amongst them

differ in regard to fundamentals and primary sources viz.

the Bible, their dogmas, their rites , etc.

“ “Would not following Would not following MadzhabMadzhab a form of sectarianism a form of sectarianism like the denominations of the Christian churches ? ”like the denominations of the Christian churches ? ”

# 4

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Page 68: [Slideshare]fiqh course#5-adab followgmadzhab(2011)

No! Madzaahib in Islam is not the same as

‘denomination’ or ‘sects’ as in Christianity because:

[3] All Muslims is to aspire to become ‘Ulama (scholars) to

some degree, and they can re-check whatever opinions

with other scholars - whereas in Christianity, most of

their Church cleric has almost an excusive authority, and

are unquestionably followed by the ordinary

congregation.

“ “Would not following Would not following MadzhabMadzhab a form of sectarianism a form of sectarianism like the denominations of the Christian churches ? ”like the denominations of the Christian churches ? ”

# 4

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WaAllaahu a’lamWaAllaahu a’lam

Page 69: [Slideshare]fiqh course#5-adab followgmadzhab(2011)

Every one should begin following only one Madzhab first.

It is not only following the final juristic decision, but also to

learn the principles, methods and approaches to its juristic

interpretation.

“ “Must we follow only one Madzhab? Can we not move Must we follow only one Madzhab? Can we not move to the opinion of other Madzaahib ?”to the opinion of other Madzaahib ?”

# 5

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Page 70: [Slideshare]fiqh course#5-adab followgmadzhab(2011)

Because, there are difference in the methodological

preferences used between Madzaahib – viz. what is

stressed strictly (‘azeemah), what can be given dispensation

(rukhshah), etc. therefore, changing or mixing opinions of

Madzaahib before knowing each of the basis, is forbidden

as it can lead to confusion for novice.

This is to prevent ‘hybrid’ opinion which strictly speaking is

neither of this madzhab nor of that – termed ‘talfiq’.

“ “Must we follow only one Madzhab? Can we not move Must we follow only one Madzhab? Can we not move to the opinion of other Madzaahib ?”to the opinion of other Madzaahib ?”

# 5

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Page 71: [Slideshare]fiqh course#5-adab followgmadzhab(2011)

However, for those advanced in following a Madzhab, are

known to adopt views or juristic opinions from other

Madzaahib after comparing the basis used, as well as to

consider which opinions can offer the best solution to an

issue at hand (but avoiding the error of ‘talfiq’) .

Yet even so, they do not have to declare, nor necessary to

regard themselves to have changed Madzhab.

WaAllaahu a’lam

“ “Must we follow only one Madzhab? Can we not move Must we follow only one Madzhab? Can we not move to the opinion of other Madzaahib ?”to the opinion of other Madzaahib ?”

# 5

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All Rights Reserved© Zhulkeflee Hj Ismail (2011)

Page 73: [Slideshare]fiqh course#5-adab followgmadzhab(2011)

MAIN RIVER SOURCE

DISTRIBUTARIESDISTRIBUTARIES

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Page 74: [Slideshare]fiqh course#5-adab followgmadzhab(2011)

All distributaries emanates from the main river source.All distributaries emanates from the main river source.

The nearer it is to the source, the purer will be the water.The nearer it is to the source, the purer will be the water.

None of the distributaries alone can claim to represent the None of the distributaries alone can claim to represent the

entire main river, yet as long as they are connected to the entire main river, yet as long as they are connected to the

main source, they are all part of the river system (no main source, they are all part of the river system (no

doubt).doubt).

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Page 75: [Slideshare]fiqh course#5-adab followgmadzhab(2011)

It may even merge into one another. Or some may It may even merge into one another. Or some may

completely disappear from the earth’s surface. Or pure completely disappear from the earth’s surface. Or pure

water from the sky may be added to it.water from the sky may be added to it.

Each distributaries could also be affected by the soil upon Each distributaries could also be affected by the soil upon

which it flows through, or impurities may have been thrown which it flows through, or impurities may have been thrown

into them, or other pollutants inadvertently introduced as into them, or other pollutants inadvertently introduced as

when irrigation or dam have to be constructed etc..when irrigation or dam have to be constructed etc..

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Page 76: [Slideshare]fiqh course#5-adab followgmadzhab(2011)

Thus, the concern is for users of each distributaries to be

cautious when drinking from it, lest it may be harmful,

although one has to still drink from it- or else die from

thirst.

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Page 77: [Slideshare]fiqh course#5-adab followgmadzhab(2011)

To deprive any one from the available water that they

already can access to, with the excuse that it has become

polluted is foolish, just as long as the stream they are

drinking from, still contain the water which is from the main

source.

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Page 78: [Slideshare]fiqh course#5-adab followgmadzhab(2011)

Similarly foolish is to argue “my distributaries is better

than your distributaries” when both actually possesses

life-sustaining water (H2O).

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Page 79: [Slideshare]fiqh course#5-adab followgmadzhab(2011)

Those who have collected for themselves clean water may

share them with others – but, it would be sheer arrogance

to ‘incite’ common people who have always relied upon

these distributaries for their sustenance, to abandon

benefitting from the abundant flow of these streams, for

the sake of ‘small insignificant cisterns and tanks’ being

offered.

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Page 80: [Slideshare]fiqh course#5-adab followgmadzhab(2011)

It is equally foolish, nay irresponsible, to confuse – or

rather to “scare and confound”- the common people

whose need for water does not necessarily require him to

be expert chemists themselves – only for them to heed

whatever advises of the medical experts amongst them as

well as from the “water authority”.

WaAllaahu a’lamWaAllaahu a’lam..

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Page 81: [Slideshare]fiqh course#5-adab followgmadzhab(2011)

““O ye who believe! if you are conscious of and fear O ye who believe! if you are conscious of and fear

Allah (Allah (TAQWATAQWA), He will grant you a criterion (), He will grant you a criterion (FURQANFURQAN--

to judge between right and wrong), remove from you to judge between right and wrong), remove from you

(all) evil (that may afflict) you, and forgive you: for (all) evil (that may afflict) you, and forgive you: for

Allah is the Lord of grace unbounded.”Allah is the Lord of grace unbounded.”

((Qur’an: Anfaal: 8: 29Qur’an: Anfaal: 8: 29))

REMEMBER THIS IMPORTANT COMMANDREMEMBER THIS IMPORTANT COMMAND

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Page 82: [Slideshare]fiqh course#5-adab followgmadzhab(2011)

ALLAA-HUM-MA – ARI-NAL-HAQ-QA - HAQ-QANWAR- ZUQ-NAT - TI-BAA- ’A

WA-ARI-NAL – BAA-TWILA – BAA-TWI-LAANWAR-ZUQ-NAJ – TI –NAA - BAH

““O Allah! Make me see the Truth to be true O Allah! Make me see the Truth to be true and grant me ability to follow it.and grant me ability to follow it.And make me see Falsehood to be false and And make me see Falsehood to be false and grant me the ability to reject it.”grant me the ability to reject it.”

IMPORTANT DU’AIMPORTANT DU’A

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All welcome to visit my web-blog:All welcome to visit my web-blog:

83All Rights Reserved© Zhulkeflee Hj Ismail (2011)