Midsem Notes - good PDF

Title Midsem Notes - good
Course Islamic Law
Institution Multimedia University
Pages 33
File Size 334.8 KB
File Type PDF
Total Downloads 107
Total Views 148

Summary

good...


Description

Classification of Hadith Hadith are classified into 3; muttasil, ghair muttasil and the reliability of narrators. A continuous hadith is one that has a full chain of transmission from the last narrator to the Prophet all the way back. A discontinued Hadith, also known as Mursal, is a Hadith whose transmitter chain is broken and incomplete. Most of ulema also split the continuous Hadith into the two major Mutawatir and Ahad varieties. The Hanafis added an intermediate classification to this, called the 'well-known' or Mashhur. Mutawatir simply means "continually repeating." It means, in the present sense, a declaration from an infinite number of persons linked in such a way as to exclude the likelihood of their permission to perpetuate a falsehood. Such a prospect is unlikely due to their massive size, their breadth of residence, And efficient. A study should not be called Mutawatir if its findings were considered to be a matter of axiomatic understanding on certain points, such as the logic of its substance. The Mashhur is described as a Hadith that was originally recorded by one, two or more Companions by the Prophet or another Companion but later became well known and transmitted by an infinite number of persons. It is important that the study would have been disseminated during the first or second century, not later after the Prophet 's demise. This would mean the Hadith was commonly recognized during the Companions or Successors era. As it is claimed that all the Hadith were well-known after this time, in which case there would be little need to differentiate the Mashhur from Hadith 's general corps. The Ahad, or singular Hadith, is a Hadith that is recorded from the Prophet by a single person or by odd individuals. Imam Shafi'i refers to it as Khabar al-Khassah, which corresponds to a testimony narrated by one, two or more individuals of the Prophet but which does not fulfill the standards of either the Mutawatir or the Mashhur. This is a Hadith which does not impart definitive evidence of its own until it is accompanied by actual or circumstantial confirmation. It is the opinion of the majority, but according to Imam Ahmad b. Hanbal and others, Ahad has the ability to create constructive awareness.

At the other side there is Hadith whose transmission chain does not stretch to the Prophet all the way out. In three varieties it occurs: Mursal, Mu'dal and Munqati. The Mursal, which is the major variety of discontinued Hadith, is also often called Munqati'. The Mursal is described as a Hadith which has been directly attributed to the Prophet by a Successor (tabi'i) without specifying the last connection, namely the Companion who may have narrated it from the Prophet. That is the concept of a majority. Nevertheless, the Hanafis have described Mursal as a Hadith which has been credited to the Prophet by a credible source while omitting part of his isnad. According to the plurality, the missing link may be a Companion or even a Successor but it may be a narrator within the Hanafis' second generation of Successors. Since the identification of the missing link isn't clear, he may or may not have been an upright person. Regardless of these and other related questions in its transmission, Hadith's ulema would not recognize the Mursal in theory. Hadith's narrators were categorized into the following categories: Companions who are commonly acknowledged as accurate; thiqat thabitun, or those who rate best in terms of reliability next to the Companions; thiqat, or trustworthy, but to a lesser degree than the first two; saduq, or honest, who is not considered to have committed a forgery or severe mistakes; saduq yahim, t They are accompanied by lower groups of people who are accused of lying as criminals (fussaq). Hadith is graded as Sahih or genuine because the first three groups of his narrators belong to it. It is described as a Hadith with a continuous isad all the way back to the Prophet consisting of upright people who also have retentive memory and whose narration is free from all visible and subtle flaws. The Hasan Hadith varies from the Sahih in that it may include a person or individuals belonging to the fourth , fifth, or sixth grade of the above scale among its narrators. It is a Hadith that comes between Sahih and Da'if and while its narrators are renowned for their truthfulness, they have not attained the highest degree of authenticity and prominence. The weak, or Daif, is a Hadith whose narrators lack the credentials needed in either Sahih or Hasan. This is considered weak because of a flaw that occurs in its narrator

line, or in its textual material. Their character is considered to have had a poor memory or deep questions about their honesty and piety. There are many Daif varieties; one of them is Mursal. Hadith's ulema, like Imam Muslim, may not find Mursal as being a evidence of shar'i (hujjah). There are other types of Daif that need not be expanded here, including Shadhdh, Munkar and Mudtarib. Shadhdh, in short, is a Hadith with a weak isad that is at odds with a more accurate Hadith. Munkar is a Hadith whose writer can not be identified as being straight and mind retentive; and Mudtarib is a Hadith whose material is incompatible with a variety of other texts, none of which can be favoured over the others. According to the general law, a Hadith 's ultimate acceptability is calculated in his proof on the weakest part. Therefore the existence of a single unreliable narrator in the isnad chain would cause the Hadith to be undermined entirely. Unless one of the narrators is accused of deceit, while the others are regarded as trustworthy (thiqat), and the Hadith is not identified by other means, so it would be regarded as faint. In scrutinizing Hadith 's authenticity, Hadith's ulema is driven by the maxim that any Hadith must be tracked back to the Prophet through a continuous chain of narrators whose integrity and piety are beyond reproach. A Hadith that refuses to satisfy those criteria is not recognized. A poor or Daif Hadith is not a shar'i (hujjah) statement, and is usually dismissed.

Graduality in the revelation of the Al-Quran Graduality of the Qur'an revelation gave the faithful the ability to dwell upon it and retain it in their minds. Revelation over a period of time often enabled constant communication and restoration of moral power, so that Muslims' hearts were not diminished by the unbelievers' animosity toward the new faith. In fact , despite the prevalent analphabetism of the Arabs at the time, if the Qur'an had been announced all at once, they would have found it hard to comprehend. Therefore, the Qur'anic law on matters that affected people's lives was not enforced all at once. It has been announced piecemeal to prevent suffering for the faithful. The prohibition on alcohol intake offers an fascinating explanation of the Quranic system of lawmaking graduality, and sheds light on the Quran 's approach to the essence and purpose of the law itself. Clearly in the early years alcohol use was subject to no limit. Later, in the form of a spiritual guidance, the following Qur'anic verse was revealed: 'We ask you about drinking and gambling, say: in these there is great harm and profit to the men, but their harm greatly outweighs their benefit' (al-Baqarah; 2:219). It was then prohibited to offer prayers while under the influence of alcohol (al-Nisa', 4:43). Finally a complete prohibition was imposed on wine drinking (al-Ma'idah, 5:93) and all alcohol and gambling were deemed 'works of the devil.... The enemy wants you to spread enmity and rancor. It illustrates the pragmatic treatment of issues as they emerged and when. The ulema believe that all of the Qur'an 's text is Mutawatir, that is, its validity is proven by widely agreed evidence. It has been preserved across centuries, both in memory and in written text. Therefore nothing less than the tawatur is acknowledged as proof for determining the validity of the Qur'an version readings. And the variant reading of those words in a few ayat, attributed, for example, to 'Abdullah ibn Mas'ud, which is not defined by tawatur, is not part of the Quran. For example the norm in the sense of penance (kaffarah) of a false oath Text provides for a three-day fast. Yet version of Ibn Mas'ud has it as three straight days of fasting. Since the additional aspect (i.e. consecutive) is not formed by tawatur in the related ayah in sura al-Ma'idah (5:92), it is not a part of the Qur'an and hence has no effect.

Makki and Madinah Chaps The Qur'an was revealed in Mecca and Madinah respectively, in two separate phases of the Prophet 's mission. Within the first twelve and a half years of the Prophet 's life in Mecca, the better portion of the Qur'an, which is nineteen out of thirty sections in all, was received. The rest of the Qur'an was issued over a period of just over nine and a half years following the Prophet's exodus to Madinah. The Meccan section of the Qur'an is dedicated primarily to matters of religion, the Oneness of God (Tawhid), the importance of Muhammad's prophethood, the afterlife, disagreement with the unbelievers and their invitation to Islam. But the Madinese section of the Qur'an also contained legal laws and governed the various facets of life within Madinah's new world. Because the Madinian era represented the establishment of the ummah and the emerging Islamic state, the Qur'anic focus was transferred to values governing the new community 's religious, civil, social and economic existence. Through this time Islam spread to many areas of Arabia, and the Quranic response to the need for laws to control matters of war and peace, the status and rights of the conquered peoples as well as the structure of the family and values of government figure prominently in the Madinese portion of the Quran. The knowledge of the Qur'an's Meccan and Madinese contents gives one an insight into the context and circumstances under which the ayat was revealed; it is especially important for understanding the occurrence of abrogation (naskh) in the Qur'an. Distinguishing the abrogating (al-nasikh) from the abrogated (al-mansukh) parts of the document depends on the chronological order being established in the related ayat revelation. Similarly, most of the text 's general (Amm) decisions were either entitled by the document itself, or by the Hadith. Thus the experience of the revelation's Makki and Madani sections enables a greater interpretation of some of the signature features of Qur'anic practice. A sura is called Makki because its discovery in Mecca had ended, even though it contained ayat which was later revealed in Madinah. The Qur'an is composed of 85 Meccan and 29 Madinan suras. The variations in substance and style found in each represent the predominant conditions of each time span. Because Muslims in Mecca

were in the minority, the Meccan Ayat would thus, be especially significant to Muslims living in a dominantly non-Islamic setting, while the Madinese Ayat can take for granted the existence of the Islamic State's sovereign authority. The Meccan suras are usually short yet rhythmic and strong in their emotional appeal to the pagan Arabs, while the Madinan suras are comprehensive and convey a sense of serenity which marks a difference in style in the Qur'an revelation. The distinction between the Meccan and Madinan parts of the Qur'an is based on the knowledge received primarily by the Companions and the next generation of the 'successors': the Prophet himself has said little about the subject. The differentiation is also significantly supported by internal facts in the Qur'an, such as the theme itself: Ayat about warfare was announced only after the Hijrah, for example, but references to Abu Lahab in sura 111 and to Badr 's battle (3:123) suggest the Meccan origin of the suras in which they appear. Similarly the address type in the two sections is also distinct. A Madinan is suggested by the repeated address 'O you who believe' and 'O people of the novel.' Roots, whereas 'O men' or 'O civilization' is usually Meccan. There are nineteen suras in the Qur'an that begin with abbreviated letters (almuqatta'at); all but two are considered to be Meccan, namely al-Baqarah, and AlImran. All references to the munafiqun (hyprocrites) are Madinan and all suras containing sajdah, i.e., a prostrate order, are Meccan. The difference between the Makki and Madinese parts of the text is, on the whole, a well-established characteristic of the Qur'an, usually implied next to the title of of sura, and the best proof of such differentiation is internal proof in the Qur'an itself. With regard to identifying the Makki from the Madani contents of the Qur'an, the ulema introduced three separate criteria: 1) The date of the revelation, which indicates that the portion of the Qur'an that was disclosed before the Prophet's migration to Madinah is categorized as Makki and the remaining section that was disclosed after the occasion is known as Madani irrespective of the position in whii Through this way the ayat that was finally announced through Mecca during the Year of Triumph ('am al-fath) or after the Pilgrimage of Farewell (hajjah al-wida) is accounted as Madani. This is considered as the most favoured of the three approaches that are under consideration. 2) The place of revelation, meaning that all the ayat which was announced when the Prophet was in Mecca or its adjacent places, was categorized as

Makki, and ayat which was ultimately announced in Madinah or its nearby regions, is categorized as Madani. However, this test is not definitive as it excludes the ayat that was received when the Prophet travelled to locations like Jerusalem or Tabuk. 3) The essence of the gathering, indicating that all the sections of the Qur'an addressed to the Makkah people are classified as Makki and those addressed to the Madinah people are classified as Madani. Thus all passages starting with phrases like 'O humanity' or 'O men' are Makki and those end with phrases like 'O believers' are usually Madarni.

The obligatory ; wajib , fard Wajib is an act whose commission is demanded by the lawgiver in a certain and binding terms in such a way that there will be blame in case of non-performance. Wajib and fard are interchangeable with the plurality of ulema, and both express the Lawgiver's obligation and contractual demand directed to the mukallaf for doing something. Acting on the wajib gives reward, while omitting it leads to punishment in this universe or the afterlife. Nevertheless, the Hanafis have drawn a distinction between fard and wajib. Therefore an act is obligatory in the first degree, that is, fard, when the order to do so is expressed in a specific and definite Qur'an or Sunna script. A Muslim is obliged to perform actions that are obligatory either in degree one or in degree two; if he does, he secures honor and moral merit, but if he deliberately neglects them, he is liable to punishment. According to the vast majority of jurists, including the Hanafis, the distinction between the two types of obligations is that the person who fails to believe in the binding existence of a command defined by conclusive evidence is an unbeliever, but not if he rejects the validity of a second degree obligatory command, then he is a transgressor. Consequently, neglecting one 's duty to support one 's partner, children and deprived parents is a sin but not an infidelity. The effect of the difference between fard and wajib is that the act as a whole is null and void (batil), where the former is ignored in an act prescribed by the Shari'ah. For eg, in mandatory prayers, a person leaves the bowing (ruku') or prostration (sajdah), the entire prayer is null and void. Yet if he takes al-Fatihah's recitation out, the salah is actually correct, albeit incomplete. This is Hanafi 's opinion, but in all cases the salah is null and invalid according to the majority. However, in this regard, the disparity between the Hanafis and the majority is seen as one of form rather than substance, in that the effects of their conflict are marginal on the whole. Wajib is subdivided into at least three forms, the first being the separation of wajib into personal ('ayni) and collective (kafa'i). Wajib 'ayni is addressed to each individual sui juris, and can not be done for or on behalf of another person in practice. Types of

'ayni wajib (or fard) are salah, hajj, zakah, contract enforcement and loyalty to one's kin. Wajib kafa'i is comprised of responsibilities related to the entire society. If only certain group members execute them, the rule will be upheld and the rest of the society will be absolved from it. For eg, the responsibility to engage in jihad (holy struggle), funeral prayers, hisbah (promoting good and avoiding evil), building hospitals, extinguishing fires, bearing witness and acting as a judge, etc., are all common duties of the group, and are therefore kafa'i wajib (or fard). And when a person dies leaving no property to cover the burial bill, it is the community's wajib kafa'i to provide it and to provide him a decent burial. Just a few community members may directly pay to the expenses, but the responsibility is nevertheless discharged from the society as a whole. Nevertheless, the distinction (thawab) applies only to those who have personally engaged in the discharge of the wajib kafa'i duty. Wajib is also classified into wajib muwaqqat, i.e. wajib dependent on a time-limit and wajib mutlaq, i.e. 'full wajib' free of these restrictions. Fasting and the compulsory salah are examples of contingent wajib, as each must be practiced under defined time limits. Yet doing the hajj or paying an atonement (kaffarah) is not subject to these limitations, and is thus an absolute wajib. The obligation is discharged given that one completes the hajj once during one's lifetime and pays the kaffarah at some time before one dies. The wajib is split into wajib quantified (wajib muhaddad) and wajib unquantified (wajib ghayr muhaddad). Another indication of the former is salah, zakah, the purchaser's payment of the price (thaman) in a selling contract, and rent payment in compliance with the conditions of a rental agreement, both quantified. Similarly, compliance of the prescribed penalties (hudud) comes under the wajib muhaddad rubric in the sense that the hadd penalties are all quantitatively defined. The unquantified wajib can be explained by reference to one's obligation to help one's immediate kin, kindness to the needy, feeding the starving, paying a dower, (mahr) to one's partner, standing length (qiyam), bowing and prostration in salah, wiping the head in ablution (wudu') and quantifying the ta'zir fines for offences that are punishable but in terms to which the lawgiver may not have. The court shall quantify

the fine in the light of the offender's particular conditions and the offence. The mukallaf thus enjoys the versatility to evaluate the quantitative dimension of the unquantified wajib itself, be it the particular believer, the qadi or the imam. There are two key points of view, one of which insists that unnecessary success in quantified wajib is also part of the wajib. But the common view is that simply mandub is every extension to the minimum criterion. For no penalty may be levied for failing to do anything beyond the minimum required. It would be misleading to say that a way to a wajib is also a wajib, or that wajib is in any case also a necessary ingredient. For such a view, the personal ability of the mukallaf will appear to be overlooked particularly if the latter was unable to do what needs to be done: in the case , for example, where the congregational prayer on Friday can not be performed due to the lack of a sufficient number of people in a locality. This would be more correct to claim that where the wajib means consist of an act that is beyond the mukallaf 's power then that act is also wajib.

Mandub ( Recommended) Mandub is an act whose commission is demanded by the lawgiver but not in a certain and binding term in such a way that there will be no blame in case of nonperformance. Mandub signifies a Lawgiver 's requirement that the mukallaf will do anything that is not binding on the other, however to fulfill the desire, the divine reward (thawa...


Similar Free PDFs