What is your opinion of one who begins studying fiqh (Islamic jurisprudence) through concise fiqh books?
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The questioner : What is the Shaykh’s opinion of one who receives fiqh (Islamic jurisprudence) in the beginning of his study from concise fiqh books? And if the evidence becomes stronger for him, he follows it?
The Shaykh : This is the obligatory, but perhaps there is something else behind the question, otherwise this is an obvious, clear matter.
The questioner : ... like al-Zad and others.
The Shaykh : How?
The questioner : Meaning he begins by studying the concise books, like al-Zad, for example, *Zad al-Mustaqni*.
Another questioner: Meaning, what is the optimal method for studying fiqh (Islamic jurisprudence)?
The Shaykh : How?
The questioner : Meaning, what is the optimal method for studying fiqh (Islamic jurisprudence)?
The Shaykh : Is that the question?
The questioner : Is the study at the beginning according to the method of comparative fiqh, or does he begin...
The Shaykh : Was that the question? I understood the question to be that a person studied in this manner and follows the evidence. As for me, I say: this varies according to the environment in which the student of knowledge lives. If the student of knowledge, for example, lives in a land where taqlid (following a scholar without knowing his evidence) prevails, and there is no scholar in the true sense of the word for knowledge, because you know that:
"Knowledge is what Allah said, what His Messenger said, *** What the Companions said, not mere pretense"
... and so on, and you know that the one who practices taqlid is not a scholar. So, if the person, the student of knowledge, lives in an environment where there is no scholar, then he has no way to seek knowledge except to begin with some of the books of the madhahib (schools of jurisprudence), whether it is the Hanafi, Shafi'i, Maliki, or Hanbali madhhab. But it is obligatory for him to reach the point mentioned at the end of the question, which is: not to be fanatical about this rigid fiqh study if it is established for him, after a short or long time, that some of the issues he studied contradict the evidence of the Shari'ah (Islamic sacred law) from the Book and the Sunnah. Then he must leave what he studied and hold fast to what is correct, because it cannot be said to this person, "Be independent in understanding from the Book and the Sunnah," while he lives in an environment full of ignorance. Whereas, if the student of knowledge lives in an environment full of people of knowledge, meaning: they call to following the Book and the Sunnah, and do not be fanatical about any of the madhahib, then we do not see that he should read a book from the four madhahib. Rather, he should read an independent book whose author is free from taqlid and rigidity regarding a specific madhhab. And if something from what is in that book is difficult for him, he should ask the people of knowledge around him. For this reason, I believe that the best of matters is the middle path. It is not permissible for us to forbid people from studying traditional fiqh. It is not permissible to absolutely forbid the teaching of traditional fiqh, because in some lands, as we mentioned, it is not possible except that. Either it is said, "Stay as you are, ignorant," or it is said, "Begin and seek knowledge as these people begin." Then, if it becomes easy for him to rise a little in this knowledge, that is good. Otherwise, he has excused himself to Allah the Mighty and Majestic when he did not accept to remain ignorant like the rest of the common people, but rather sought the knowledge that he was able to acquire while in that environment. As for those who live in a truly scholarly environment, it is never permissible for them to follow a madhhab, because they will deprive themselves of many of the established sunnahs (recommended practices) in the other madhahib.
The questioner : Like what?
The Shaykh : Yes?
The questioner : Books like these are suitable for that.
The Shaykh : For example, I say: *al-Rawdat al-Nadiyyah*. *al-Rawdat al-Nadiyyah* by Sadiq Hasan Khan is, in reality—peace and mercy of Allah and His blessings be upon you—one of the books that opened the way for people to get out of madhhab rigidity. He proceeded in it by choosing the most correct opinions from what is established in the Book and the Sunnah. And it is, without a doubt, an explanation of al-Shawkani’s book called *al-Durar al-Bahiyyah*.
The questioner : *al-Bahiyyah*, yes.
The Shaykh : *al-Rawdat al-Nadiyyah*, an explanation of *al-Durar al-Bahiyyah*. *al-Durar* is the matn (text), and *al-Rawdat al-Nadiyyah* is the explanation by Sadiq Hasan Khan. Al-Shawkani has an explanation of his matn called what? *al-Durar al-Bahiyyah*.
The questioner : *al-Durar al-Mudhiyyah*.
The Shaykh : *al-Mudhiyyah*, yes. So these two books, in reality, although Sadiq Khan expanded a little more than al-Shawkani, opened the way for this straight path. Then, after him, came the Shaykh Sayyid Sabiq, may Allah mention him with good, and he authored his book *Fiqh al-Sunnah*. He tried to proceed in this path, but he did so only to the extent of his ability, and much was missed by him, because this matter requires knowledge of hadith (a report of the Prophet's words or deeds) in terms of authenticating and weakening. And we have tried to complete this good project of his by writing our book *Tammam al-Mannah fi al-Ta'liq 'ala Fiqh al-Sunnah*. And now we have printed it and begun to prepare an index for this printed edition, which contains a commentary on *Fiqh al-Sunnah* regarding the old volumes that were small. I think there were three volumes, the last of which contains the book on fasting. So I have now reprinted the two volumes that were previously printed by the offset press, and I added to them the third volume, which had not been printed, containing the book on fasting. And it will, if Allah wills, be soon within the reach of readers.
Yes.
The questioner : *al-Thamar al-Mustatab*, O Shaykh?
The Shaykh : Yes?
The questioner : *al-Thamar al-Mustatab fi Fiqh al-Sunnah wa al-Kitab*
The Shaykh : *al-Thamar al-Mustatab*. I do not think this project will be available for us to complete, because this project is very broad, on one hand. And on the other hand, when the library came from Damascus to Amman, the draft came to me, but the final version did not come to me. So it is considered suspended.
The Shaykh : This is the obligatory, but perhaps there is something else behind the question, otherwise this is an obvious, clear matter.
The questioner : ... like al-Zad and others.
The Shaykh : How?
The questioner : Meaning he begins by studying the concise books, like al-Zad, for example, *Zad al-Mustaqni*.
Another questioner: Meaning, what is the optimal method for studying fiqh (Islamic jurisprudence)?
The Shaykh : How?
The questioner : Meaning, what is the optimal method for studying fiqh (Islamic jurisprudence)?
The Shaykh : Is that the question?
The questioner : Is the study at the beginning according to the method of comparative fiqh, or does he begin...
The Shaykh : Was that the question? I understood the question to be that a person studied in this manner and follows the evidence. As for me, I say: this varies according to the environment in which the student of knowledge lives. If the student of knowledge, for example, lives in a land where taqlid (following a scholar without knowing his evidence) prevails, and there is no scholar in the true sense of the word for knowledge, because you know that:
"Knowledge is what Allah said, what His Messenger said, *** What the Companions said, not mere pretense"
... and so on, and you know that the one who practices taqlid is not a scholar. So, if the person, the student of knowledge, lives in an environment where there is no scholar, then he has no way to seek knowledge except to begin with some of the books of the madhahib (schools of jurisprudence), whether it is the Hanafi, Shafi'i, Maliki, or Hanbali madhhab. But it is obligatory for him to reach the point mentioned at the end of the question, which is: not to be fanatical about this rigid fiqh study if it is established for him, after a short or long time, that some of the issues he studied contradict the evidence of the Shari'ah (Islamic sacred law) from the Book and the Sunnah. Then he must leave what he studied and hold fast to what is correct, because it cannot be said to this person, "Be independent in understanding from the Book and the Sunnah," while he lives in an environment full of ignorance. Whereas, if the student of knowledge lives in an environment full of people of knowledge, meaning: they call to following the Book and the Sunnah, and do not be fanatical about any of the madhahib, then we do not see that he should read a book from the four madhahib. Rather, he should read an independent book whose author is free from taqlid and rigidity regarding a specific madhhab. And if something from what is in that book is difficult for him, he should ask the people of knowledge around him. For this reason, I believe that the best of matters is the middle path. It is not permissible for us to forbid people from studying traditional fiqh. It is not permissible to absolutely forbid the teaching of traditional fiqh, because in some lands, as we mentioned, it is not possible except that. Either it is said, "Stay as you are, ignorant," or it is said, "Begin and seek knowledge as these people begin." Then, if it becomes easy for him to rise a little in this knowledge, that is good. Otherwise, he has excused himself to Allah the Mighty and Majestic when he did not accept to remain ignorant like the rest of the common people, but rather sought the knowledge that he was able to acquire while in that environment. As for those who live in a truly scholarly environment, it is never permissible for them to follow a madhhab, because they will deprive themselves of many of the established sunnahs (recommended practices) in the other madhahib.
The questioner : Like what?
The Shaykh : Yes?
The questioner : Books like these are suitable for that.
The Shaykh : For example, I say: *al-Rawdat al-Nadiyyah*. *al-Rawdat al-Nadiyyah* by Sadiq Hasan Khan is, in reality—peace and mercy of Allah and His blessings be upon you—one of the books that opened the way for people to get out of madhhab rigidity. He proceeded in it by choosing the most correct opinions from what is established in the Book and the Sunnah. And it is, without a doubt, an explanation of al-Shawkani’s book called *al-Durar al-Bahiyyah*.
The questioner : *al-Bahiyyah*, yes.
The Shaykh : *al-Rawdat al-Nadiyyah*, an explanation of *al-Durar al-Bahiyyah*. *al-Durar* is the matn (text), and *al-Rawdat al-Nadiyyah* is the explanation by Sadiq Hasan Khan. Al-Shawkani has an explanation of his matn called what? *al-Durar al-Bahiyyah*.
The questioner : *al-Durar al-Mudhiyyah*.
The Shaykh : *al-Mudhiyyah*, yes. So these two books, in reality, although Sadiq Khan expanded a little more than al-Shawkani, opened the way for this straight path. Then, after him, came the Shaykh Sayyid Sabiq, may Allah mention him with good, and he authored his book *Fiqh al-Sunnah*. He tried to proceed in this path, but he did so only to the extent of his ability, and much was missed by him, because this matter requires knowledge of hadith (a report of the Prophet's words or deeds) in terms of authenticating and weakening. And we have tried to complete this good project of his by writing our book *Tammam al-Mannah fi al-Ta'liq 'ala Fiqh al-Sunnah*. And now we have printed it and begun to prepare an index for this printed edition, which contains a commentary on *Fiqh al-Sunnah* regarding the old volumes that were small. I think there were three volumes, the last of which contains the book on fasting. So I have now reprinted the two volumes that were previously printed by the offset press, and I added to them the third volume, which had not been printed, containing the book on fasting. And it will, if Allah wills, be soon within the reach of readers.
Yes.
The questioner : *al-Thamar al-Mustatab*, O Shaykh?
The Shaykh : Yes?
The questioner : *al-Thamar al-Mustatab fi Fiqh al-Sunnah wa al-Kitab*
The Shaykh : *al-Thamar al-Mustatab*. I do not think this project will be available for us to complete, because this project is very broad, on one hand. And on the other hand, when the library came from Damascus to Amman, the draft came to me, but the final version did not come to me. So it is considered suspended.