What is the Shaykh’s opinion of one who studied fiqh (Islamic jurisprudence) in the early stages of his pursuit using concise fiqh books? And if evidence becomes more probable to him, he follows it?
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The questioner: What is the opinionThe Shaykh : Regarding one who studied fiqh (Islamic jurisprudence) in the early stages of his pursuit using concise fiqh books? And if evidence becomes more probable to him, he follows it?
The Shaykh : This is the obligatory thing, but perhaps there is something else behind the question, otherwise this is clear evidence.
The questioner : ... .
The Shaykh : How?
The questioner : Meaning, regarding studying from the concise books? ... .
Another questioner : Meaning, what is the best method for studying fiqh (Islamic jurisprudence)?
The Shaykh : How?
Another questioner : Meaning, what is the best method for studying fiqh (Islamic jurisprudence)?
The Shaykh : Is the question like this?
The questioner : ... according to the method of comparative fiqh, or does he resort to ... .
The Shaykh : Is the question like this? I understood the question to be that one does not remain like this, but follows the evidence. As for me, I say: this varies depending on 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, His Messenger said, *** The Companions said, it is not deception," and so on.
And you know that the one who practices taqlid (following a scholar without knowing his evidence) is not a scholar. So, if a person, a student of knowledge, lives in an environment where there is no scholar, he has no way to seek knowledge except to be given some books of the madhahib (schools of jurisprudence), whether it be 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 becomes established for him, after a short or long time, that some of the issues he studied contradict the evidence from the Book and the Sunnah. He must then leave what ... and hold fast to what is correct, because it cannot be said of this person that he has a deficiency in understanding from the Book and the Sunnah while he lives in an environment full of ignorance. On the other hand, if the student of knowledge lives in an environment full of people of knowledge—that is, those who call to following the Book and the Sunnah and do not show fanaticism for any of the madhahib—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 (following a scholar without knowing his evidence) and rigidity to 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 things 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—only that exists. Either it is said, "remain as you are, ignorant," or it is said, "begin to seek knowledge as these people begin." Then, if it becomes easy for him to rise somewhat in this knowledge, that is good. Otherwise, he has excused himself to Allah (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 could attain while in that environment. As for those who live in the environment ... indeed; these people must never ... a madhhab from the madhahib, because they will waste upon themselves many of the established sunnahs (recommended practices) in the other madhahib.
The questioner : ... .
The Shaykh: Yes.
The questioner : ... .
The Shaykh : For example, I say: "Al-Rawdat al-Nadiyyah." "Al-Rawdat al-Nadiyyah" by Siddiq 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 the book by al-Shawkani called "Al-Durar" what? "Al-Bahiyyah."
The questioner: Yes.
The Shaykh : "Al-Rawdat al-Nadiyyah, explanation of Al-Durar al-Bahiyyah." "Al-Durar" is a matn (text), and "Al-Rawdat al-Nadiyyah" is an explanation by Siddiq Hasan Khan. Al-Shawkani has an explanation of his matn called what? "Al-Durar al-Bahiyyah."
Another questioner : "Al-Durar al-Mudhiyyah."
The Shaykh : "Al-Mudhiyyah," yes. So these two books, in reality, although Siddiq Hasan Khan expanded somewhat more than al-Shawkani, opened the way for this authentic approach. Then, after him, cameThe Shaykh : Sayyid Sabiq—may Allah mention him with good—and he authored his book "Fiqh al-Sunnah." He tried to proceed in this approach, but he did only what he was able to, 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 commentary on "Fiqh al-Sunnah" regarding the old parts that were small. I think it was three parts, the last of which was the book on fasting. So I have now reprinted the two parts that were printed by the printing press, and I added to that the third part which ... has been printed and contains the book on fasting. And it will, if Allah wills, soon be within the reach of readers.
Yes.
The questioner : "Al-Thamar al-Mustatab," O Shaykh?
The Shaykh : Yes?
The questioner : "Al-Thamar al-Mustatab fi al-Sunnah wa al-Kitab."
The Shaykh : "Al-Thamar al-Mustatab" is a project that we have not ... completed; because this project is very broad, on one hand. And on the other hand, when the library came from Damascus to Amman, the manuscript came to me but the clean copy did not come to me, so it is in the state of being suspended.
Yes.
The Shaykh : This is the obligatory thing, but perhaps there is something else behind the question, otherwise this is clear evidence.
The questioner : ... .
The Shaykh : How?
The questioner : Meaning, regarding studying from the concise books? ... .
Another questioner : Meaning, what is the best method for studying fiqh (Islamic jurisprudence)?
The Shaykh : How?
Another questioner : Meaning, what is the best method for studying fiqh (Islamic jurisprudence)?
The Shaykh : Is the question like this?
The questioner : ... according to the method of comparative fiqh, or does he resort to ... .
The Shaykh : Is the question like this? I understood the question to be that one does not remain like this, but follows the evidence. As for me, I say: this varies depending on 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, His Messenger said, *** The Companions said, it is not deception," and so on.
And you know that the one who practices taqlid (following a scholar without knowing his evidence) is not a scholar. So, if a person, a student of knowledge, lives in an environment where there is no scholar, he has no way to seek knowledge except to be given some books of the madhahib (schools of jurisprudence), whether it be 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 becomes established for him, after a short or long time, that some of the issues he studied contradict the evidence from the Book and the Sunnah. He must then leave what ... and hold fast to what is correct, because it cannot be said of this person that he has a deficiency in understanding from the Book and the Sunnah while he lives in an environment full of ignorance. On the other hand, if the student of knowledge lives in an environment full of people of knowledge—that is, those who call to following the Book and the Sunnah and do not show fanaticism for any of the madhahib—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 (following a scholar without knowing his evidence) and rigidity to 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 things 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—only that exists. Either it is said, "remain as you are, ignorant," or it is said, "begin to seek knowledge as these people begin." Then, if it becomes easy for him to rise somewhat in this knowledge, that is good. Otherwise, he has excused himself to Allah (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 could attain while in that environment. As for those who live in the environment ... indeed; these people must never ... a madhhab from the madhahib, because they will waste upon themselves many of the established sunnahs (recommended practices) in the other madhahib.
The questioner : ... .
The Shaykh: Yes.
The questioner : ... .
The Shaykh : For example, I say: "Al-Rawdat al-Nadiyyah." "Al-Rawdat al-Nadiyyah" by Siddiq 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 the book by al-Shawkani called "Al-Durar" what? "Al-Bahiyyah."
The questioner: Yes.
The Shaykh : "Al-Rawdat al-Nadiyyah, explanation of Al-Durar al-Bahiyyah." "Al-Durar" is a matn (text), and "Al-Rawdat al-Nadiyyah" is an explanation by Siddiq Hasan Khan. Al-Shawkani has an explanation of his matn called what? "Al-Durar al-Bahiyyah."
Another questioner : "Al-Durar al-Mudhiyyah."
The Shaykh : "Al-Mudhiyyah," yes. So these two books, in reality, although Siddiq Hasan Khan expanded somewhat more than al-Shawkani, opened the way for this authentic approach. Then, after him, cameThe Shaykh : Sayyid Sabiq—may Allah mention him with good—and he authored his book "Fiqh al-Sunnah." He tried to proceed in this approach, but he did only what he was able to, 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 commentary on "Fiqh al-Sunnah" regarding the old parts that were small. I think it was three parts, the last of which was the book on fasting. So I have now reprinted the two parts that were printed by the printing press, and I added to that the third part which ... has been printed and contains the book on fasting. And it will, if Allah wills, soon be within the reach of readers.
Yes.
The questioner : "Al-Thamar al-Mustatab," O Shaykh?
The Shaykh : Yes?
The questioner : "Al-Thamar al-Mustatab fi al-Sunnah wa al-Kitab."
The Shaykh : "Al-Thamar al-Mustatab" is a project that we have not ... completed; because this project is very broad, on one hand. And on the other hand, when the library came from Damascus to Amman, the manuscript came to me but the clean copy did not come to me, so it is in the state of being suspended.
Yes.
Source
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