APPRECIATING OUR DIFFERENCES Following a Fiqh

THE HISTORY OF THE SCIENCES OF THE DEEN Preservation of Qur’an  In the time of the Sahabah  Abu Bakr (d. 12AH)  `Uthman (d. 22AH)

THE HISTORY OF THE SCIENCES OF THE DEEN Preservation of Fiqh  In the time of the Tabi`een & Tab`a Tabi`een  Imam Abu Hanifah (d. 150AH)  Imam Malik (d. 179AH)  Imam Shafi`i (d. 204AH)  Imam Ahmad (d. 241AH)

THE HISTORY OF THE SCIENCES OF THE DEEN Preservation of Hadith  In the time of the Tab`a Tabi`een & Tab`a Tab`a Tabi`een  Imam Bukhari (d. 256AH)  Imam Muslim (d. 261AH)  Imam Abu Dawood (d. 275AH)  Imam Ibn Majah (d. 275AH)  Imam Tirmidhi (d. 279AH)  Imam Nasaa’i (d. 303AH)

THE PURPOSE OF DIFFERENCE OF OPINION إختلاف هذه الأمّة رحمة | Differences in this community is a mercy  This statement has been criticized as a hadith based on its chain by the classical scholars  This statement has not been criticized for its content  “Difference of opinion in the Muslim community is a sign of divine favor.”  It is a mercy of Allah that the men of knowledge differ in opinion.

STATEMENTS OF THE PIOUS PREDECESSORS Al-Suyuti relates from ‘Umar b. ‘Abd al-’Aziz that he used to say: “It would not have pleased me if the Companions of the Prophet, peace be upon him, did not differ. For if they had not differed, there would have been no leeway.”

STATEMENTS OF THE PIOUS Similarly, al-Khatib cites Harun al-Rashid saying to Malik bin Anas: “O Abu ‘Abd Allah, we will copy this book,” meaning the Muwatta’, “and command people to adhere to it, and will send copies of it to each of the Islamic provinces so that the ummah may follow it.” He responded: “O Leader of the Believers, differences between the scholars is a mercy from Allah for this ummah. Each followed what he believed to be correct; each was upon guidance; each aspiring to Allah.”

WHAT IS A MADHAB? Linguistically it is from the root word ذهب  A مذهب literally means a path  This is the path upon which a person travels when it comes to rulings

WHAT IS FIQH? فقه literally means to understand  In context of our modern usage it means jurisprudence

THE ORIGIN OF DIFFERENCES Differences existed in the time of the Prophet ( ﷺ )  Story of Banu Quraydha  The companions were instructed not to pray Asr until arriving  How do we classify the statement: “No one of you should pray Asr until you arrive at the village of Banu Quraydha.”

THE ORIGIN OF DIFFERENCES Differences existed in the time of the Companions  Did the Prophet ( ﷺ ) see Allah ( ﷻ ) on the Mi`raj?  Ibn `Abbas says yes: 53:12-13  أَفَتُمَارُونَهُ عَلَىٰ مَا يَرَىٰ  وَلَقَدْ رَآهُ نَزْلَةً أُخْرَىٰ  `Aisha says no: 6:103  لَّا تُدْرِكُهُ الْأَبْصَارُ وَهُوَ يُدْرِكُ الْأَبْصَارَ ۖ وَهُوَ اللَّطِيفُ الْخَبِيرُ

HOW IS A FIQH ESTABLISHED? Fiqh is established through a process known as usool  Root: أصل  Differences of opinion come from differences in usool

DIFFERENCES IN USOOL Hanafi madhab  Qur’an  Sunnah  Ijma`  Qiyas

AN EXAMPLE OF DIFFERENCES OF OPINION FROM QUR’AN وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ  What is the meaning of the word قُرُوْء  Purity  Menstruation

DIFFERENCES IN USOOL Shafi’I madhab  Qur’an  Sunnah  Ijma`  Opinions of the Khulafah  Qiyas

DIFFERENCES IN USOOL Hanbali madhab  Nass (Qur’an and Sunnah)  Verdicts of the companions  Nass when arbitrating between companions  Mursal hadith  Qiyas

SECONDARY SOURCES Istihsan Masali Mursala Ihsaan (spiritual excellence, virtue) Istidlaal Urf (local custom or pre-existing law) Aql (reason or intellect)

SECONDARY SOURCES Sadd al-dharai Shara man qablana Ijma al-ummah (consensus of the worldwide Muslim community) Ijma khulafah al-rashideen (consensus of the first four caliphs) Ijma ahl al-medina (consensus of the Muslims of Medina, as reflected in early hadith collections, e. g. the Muwatta of Anas bin Malik) Ijma al-ullama (consensus of scholars of Islamic law) Ijma ahl al-hali wa al-aqd

DIFFERENCES IN USOOL Maliki Madhab  An explicit text (nass) of the Qur'an.  The same five categories in respect of the Sunna  Analogy (qiyas).  The practice of the people of Madina ('amal ahli'l-madina).

A PRACTICAL EXAMPLE OF USOOL What should be followed first, Qur’an or Sunnah?  If you say, “Qur’an”  ذَٰلِكَ الْكِتَابُ لَا رَيْبَ ۛ فِيهِ ۛ هُدًى لِّلْمُتَّقِينَ  If you say, “Hadith”  مَّن يُطِعِ الرَّسُولَ فَقَدْ أَطَاعَ اللَّهَ ۖ وَمَن تَوَلَّىٰ فَمَا أَرْسَلْنَاكَ عَلَيْهِمْ حَفِيظًا

THE STATEMENT OF IMAM TIRMIDHI Hadith of washing the body of the daughter of the Prophet ( ﷺ )  وَكَذَلِكَ قَالَ الْفُقَهَاءُ وَهُمْ أَعْلَمُ بِمَعَانِي الْحَدِيثِ  And likewise, this what the jurists say and they are more knowledgeable of the meaning of hadith.