Explanation of Basic Rulings & Principles of Fiqh (Usuul ul Fiqh) – Shaykh Sa’adi – Dr. Saleh as Saleh [Audio|En]

Basic Rulings and Principles of Fiqh
Beneficial, Eloquent Classification and Differentiations
by Shaykh ‘Abdur Rahmaan ibn Nasr As-Sa’di (rahimahullaah)

Author of this greatly beneficial reference on Fiqh Foundations & Principles is Shaykh Abdur Rahmaan bin Nasr as Sa’di rahimahullaah. Explanation is by our Shaykh Dr Sami as-Sughair, hafidhahullaah, in 1427

Basic Rulings Principles of Fiqh – 01 – Ordering Beneficial – Forbidding Evil – Saleh-as-Saleh 
Basic Rulings Principles of Fiqh – 02 – The Means Take On the Same Ruling as Their Aims – Saleh-as-Saleh
Basic Rulings Principles of Fiqh – 03 – Hardship Brings Ease – Ease is Origin of Shariah – Saleh-as-Saleh 
Basic Rulings Principles of Fiqh – 04 – Obligation Is Dependant Upon Ability – Need and Necessity – Saleh-as-Saleh 
Basic Rulings Principles of Fiqh – 05 – Shari’ah Is Based Upon Two Principles – Saleh-as-Saleh 
Basic Rulings Principles of Fiqh – 06 – Origin of Worship Is Prohibition – Six Points for Daleel – Saleh-as-Saleh 
Basic Rulings Principles of Fiqh – 07 – Condition for Obligation of Acts of Worship and Validity – Saleh-as-Saleh 
Basic Rulings Principles of Fiqh – 08 – Rulings versus Conditions and Lack of Impediments – Saleh-as-Saleh 
Basic Rulings Principles of Fiqh – 09 – Matters Concerning the ‘urf – Local Customs – Saleh-as-Saleh 
Basic Rulings Principles of Fiqh – 10 – Burden of Proof is Upon Claimant – Oath is Upon Defendant – Saleh-as-Saleh 
Basic Rulings Principles of Fiqh – 11 – Asl Remains in Effect – Certainty Not Annuled by Doubt – Saleh-as-Saleh 
Basic Rulings Principles of Fiqh – 12 – Mutual Consent Required When Compensation and Donation – Saleh-as-Saleh 
Basic Rulings Principles of Fiqh – 13 and 14 – Cases of Liability for Damages or Injuries – Saleh-as-Saleh 
Basic Rulings Principles of Fiqh – 15 – All Harm Lifted and No Intentional Harm Done – Saleh-as-Saleh 
Basic Rulings Principles of Fiqh – 16 – Justice Is Obligated – Al-Fadl Is Recommended – Saleh-as-Saleh 
Basic Rulings Principles of Fiqh – 17 – Deprivation of One Illegaly Hastening a Matter – Saleh-as-Saleh 
Basic Rulings Principles of Fiqh – 18 – Cases When a Value Is Appraisable – Saleh-as-Saleh 
Basic Rulings Principles of Fiqh – 19 – Cases When a Matter Is Refered to the Value – Saleh-as-Saleh 
Basic Rulings Principles of Fiqh – 20 – Difficulty in Determining To Whom Belongs a Right – Saleh-as-Saleh 
Basic Rulings Principles of Fiqh – 21 – Sales Transactions Considered To Be a Risk – Saleh-as-Saleh 
Basic Rulings Principles of Fiqh – 22 – 23 – Cases of Possible Reconciliation and Agreement – Saleh-as-Saleh 

Read the Transcripts

  1. The Basic Rulings and Principles of Fiqh 01 – Shaykh as-Sa’di – Dr Saleh as Saleh
  2. The Basic Rulings and Principles of Fiqh 02 – Shaykh as-Sa’di – Dr Saleh as Saleh
  3. The Basic Rulings and Principles of Fiqh 03 – Shaykh as-Sa’di – Dr Saleh as Saleh
  4. The Basic Rulings and Principles of Fiqh 04 – Shaykh as-Sa’di – Dr Saleh as Saleh
  5. The Basic Rulings and Principles of Fiqh 05 – Shaykh as-Sa’di – Dr Saleh as Saleh
  6. The Basic Rulings and Principles of Fiqh 06 – Shaykh as-Sa’di – Dr Saleh as Saleh
  7. The Basic Rulings and Principles of Fiqh 07 – Shaykh as-Sa’di – Dr Saleh as Saleh
  8. The Basic Rulings and Principles of Fiqh 08 – Shaykh as-Sa’di – Dr Saleh as Saleh
  9. The Basic Rulings and Principles of Fiqh 09 – Shaykh as-Sa’di – Dr Saleh as Saleh
  10. The Basic Rulings and Principles of Fiqh 10 – Shaykh as-Sa’di – Dr Saleh as Saleh
  11. The Basic Rulings and Principles of Fiqh 11 – Shaykh as-Sa’di – Dr Saleh as Saleh
  12. The Basic Rulings and Principles of Fiqh 12 – Shaykh as-Sa’di – Dr Saleh as Saleh
  13. The Basic Rulings and Principles of Fiqh 13 – Shaykh as-Sa’di – Dr Saleh as Saleh
  14. The Basic Rulings and Principles of Fiqh 14 – Shaykh as-Sa’di – Dr Saleh as Saleh

A Muhaddith or A Faqih – Shaykh al Albaani

By the Muhaddith, Shaykh, Allamaa’  Muhammad Nasir uddeen al-Albaani
Compiled and Translated By Abbas Abu Yahya

Shaykh al-Albaani – may Allaah have mercy on him – was asked:

‘What is the connection between the knowledge of Fiqh(understanding of the religion) and the knowledge of hadeeth?  Is it necessary for a Muhaddith (scholar of hadeeth sciences) to be a Faqihi(scholar of Sharia’), or is he just a Muhaddith?’

So he answered:

‘It is necessary for a Faqihi to be a Muhaddith but it is not necessary for a Muhaddith to be a Faqihi, since a Muhaddith is already naturally aFaqihi.

Did the Companions of the Prophet -sallAllaahu alayhi wa sallam- study Fiqh or not?  What was the Fiqh that they used to study?

It was what they used to take from the Messenger of Allaah -sallAllaahu alayhi wa sallam-, so they used to study hadeeth.

As for these Fuqaha (scholars of Sharia’), who study the statements of the scholars and their Fiqh and do not study the hadeeth of their Prophet which is the spring of Fiqh, then it is said to these people: it is obligatory to study the knowledge of hadeeth since we cannot conceive there being a correct Fiqh without knowing, memorizingand authenticating the hadeeth and knowing the weak hadeeth,while at the same time we cannot imagine a Muhaddith not being aFaqihi.

The Qur’aan and the Sunnah are the two sources of Fiqh, of all Fiqh. As for general Fiqh today then it is the Fiqh of scholars and not theFiqh of the Book and the Sunnah.

Yes, some of it is present in the Book and the Sunnah and some of it is expression of opinions and Ijtihaad (deriving an opinion from the Book and the Sunnah) but much of what they have opposes the hadeeth because they did not comprehend the knowledge.’

* Taken from: ‘al-Asalaah Magazine’ vol. 7 Dated 15th Rabi al-Awwal 1414a.h.

He also said the following in a recorded lecture on cassette tape entitled: ‘Haqeeqat al-Bida’ wal-Kufr’:

‘The Sharia’ is not just taken from the texts nor from just one Ayaahor one hadeeth, rather it is all that is collected on that specific issue. Therefore it is not just obligatory to collect all the texts regardingFiqh issues so that we can know what abrogates from what is abrogated, the specific from the general, the absolute from the limited and …… and….etc, rather gathering the texts for ‘Aqeedah is foremost by a long way.’

* Taken from ‘Manhaj as-Salafi inda Shaykh Nasir ad-Deen al-Albaani’ p.61

Fiqh of the Hadeeth – Dr. Muhammad Deeya ar-Rahman al-Azamee

By Dr. Muhammad Deeya ar-Rahman al-Azamee
Translated By Abbas Abu Yahya

After knowing the authenticity of a hadeeth or its weakness, then it becomes obligatory to busy yourself with its understanding since that is the fruit of this knowledge.  Indeed a foundation without a building upon it is like a house which is demolished as Khateeb said in the introduction to his book ‘Muaalim’.

Al-Haakim said:

‘As for the Fuqaha (scholars of Sharia’) of Islaam, the people ofQiyaas (analogy), opinions, derivation, debate and reflection are well-known in every age and are people of every country.  However we will mention here, in this place by Allaah’s permission, the Fiqh of hadeeth according to its people as evidence so that the people who work in and study this science thoroughly (Muhadditheen) are not ignorant of the Fiqh of hadeeth as it is a portion from the categoriesof this knowledge.’[1]

Then he lists the names of these Muhadditheen al-Fuqaha with a brief mention of their Fiqh, so from them are:

Muhammad bin Sheehab az-Zuhri, Yahya bin Sa’eed al-Ansaari, AbdurRahman bin ‘Amr al-Awzaee, Sufyaan bin Uyaina al-Hilaalee, Abdullaah bin al-Mubarak, Yahya bin Sa’eed al-Qataan, AbdurRahman bin Mahdi, Yahya bin Yahya at-Tameemee.

Regarding Ahmad bin Hanbal, ash-Shafi’ee said:

‘I left Baghdad and I never left behind anyone who had more understanding of the Deen, was more abstinent from the Duniya, more pious or more knowledgeable than Ahmad bin Hanbal.’

(The list continues with:) ‘Alee bin Abdullaah bin Jafar al-Madeeni, Yahya bin Ma’een, Ishaaq bin Ibraheem al-Hanthaali, Muhammad bin Yahya ath-Thuaali, Muhammad bin Isma’eel al-Bukhari, Abu Zur’ah Ubaydillaah bin AbdulKareem, Abu Hatim Muhammad bin Idrees al-Hanthaali, Ibraheem ibn Ishaaq al-Hanthaali, Muslim bin al-Hajjaj al-Qushaayri, Abu Abdullaah Muhammad bin Ibraheem al-Abdi, ‘Uthmaan bin Sa’eed al-Darmi, Abu Abdullaah bin Muhammad bin Nasr al-Marwazi, Abu AbduRahman bin Shu’aib an-Nisaaee, Abu Bakr Muhammad bin Ishaaq bin Khuzaymah, Abu Daawood, Muhammad bin AbdulWahhab al-Abdi, Abu Bakr aj-Jaarudi, Ibraheem bin Abee Taalib, Abu ‘Isa at-Tirmidhi, Musa bin Haroon al-Bazaar, al-Hasan bin ‘Alee al-Ma’mari, ‘Alee bin al-Hussain bin al-Junaid, Muhammad bin Muslim bin Warah, Muhammad bin ‘Aqeel al-Balkhi and other than them.

From the Fuqaha of Ahl-ul-Hadeeth is Abu Bakr an-Neesaabooree of whom Shaykh ul-Islaam Ibn Taymeeyah – may Allaah have mercy on him –said:

‘Abu Bakr an-Neesaabooree was an Imaam in Fiqh and hadeeth, he was concerned with the Ahadeeth of Fiqh and with the variantwordings of the Ahadeeth.  He was close to the way and knowledgeof Ahl-ul-Hadeeth such that he was not biased towards the sayings of any of the Fuqaha, just as the famous Imaams of Hadeeth were not.’[2]

Then he continues:

‘As for Bukhari and Abu Daawood, then they are two Imaams inFiqh from the people of Ijtihaad.  As for Muslim, Tirmidhee, Nisaaee, Ibn Maja, Abu Ya’ala, al-Bazaar and those similar to them then they were upon the madh-hab of Ahl-ul-Hadeeth.  They were not blind-followers of any single individual from amongst the scholars, nor were they absolutely from the Imaams of Ijtihaad, but rather they were not inclined to take the sayings of the Imaams of hadeeth such as Shafi’ee, Ahmad, Ishaaq, Abu Ubayd and their likes.’

He continues:

‘As for al-Bayhaqi then he was on the Madh-hab of ash-Shafi’ee, supporting it with its general statements.  Daraqutnee also inclined towards the Madh-hab of Shafi’ee and the Imaams of the chains of narrations (asaaneed) and hadeeth, but he was not like al-Bayhaqi in blindly following Shafi’ee.  So, even though al-Bayhaqi carried outIjtihaad in many issues, the Ijtihaad of Daraqutnee was stronger than his as he was more knowledgeable and had a stronger comprehension than him (i.e. al-Bayhaqi).’[3]

He continues:

‘From them there were those who specialised with some of the scholars just as Abu Daawood specialised with Ahmad bin Hanbal so they are more inclined to the Madh-hab of Ahl-ul-Hijaaz – such as Maalik and his likes– than the Madh-hab of Ahl-ul-Iraq  – the likes of Abu Hanifah and Thawree.’  The end of Shaykh ul-Islaam’s saying.

‘Knowledge of the Fiqh of hadeeth cannot be achieved except if the different paths of the hadeeth are gathered just as Imaam Ahmad said: ‘If the different paths (narrations) are not gathered, the hadeeth cannot be understood.  The hadeeth are explained, some by others.’[4]

Yahya bin Ma’een said: ‘If a hadeeth was not written with 30 different chains, we would not have understood it.’[5]

Imaam Shafi’ee authored a booklet in ‘Ihktilaaf of hadeeth’, then Ibn Qutaybah followed him in that as did Abu Yahya Zakareeyah bin Yahya as-Saajee, Tahawee, Tabaree, Ibn Abdul Barr and Ibn al-Jawzi.  All of this shows the importance of Fiqh ul-Hadeeth to theMuhadditheen, researchers and those who extrapolate rulings.  This is what al-Khateeb indicated in his book ‘al-Kafaya’:

‘If it were not for the concern of As-haabul-Hadeeth (the companions of hadeeth) with the precision of the Sunnan, gathering them, extracting them from their sources and researching the different paths, the Sharia’ would have become void and its rulings would have been cancelled out because the rulings were extrapolated from preserved Athaar (narrations) and they took benefit from the transmitted Sunnan.’

* Taken from ‘Mu’jam Mustalah al-Hadeeth wa laataif al-Assaneed’ p. 296-300

[1] Ma’reefat ‘uloom al-hadeeth p.63

[2] Majmoo’al-Fatawa (24/146) & similarly Ibn Salah in ‘Mareefat az-Zeeyadat’ in al-Muqnaa’(1/191)

[3] Majmoo’al-Fatawa (20/40-41)

[4] Al-Jama’ by al-khateeb (2/212)

[5] Al-Jama’ by al-khateeb (2/212)

The Relationship between Fiqh and Hadeeth – Imaam Al-Albaanee

AUTHOR: Imaam Muhammad Naasir-ud-Deen Al-Albaanee
SOURCE: Al-Asaalah Magazine (Issue # 7)
PRODUCED BY: Al-Ibaanah.com

[21] Question: What is the relationship between the Science of Fiqh and the Science of Hadeeth? And is a Muhaddith required to be a Faqeeh or just a Muhaddith only?

Answer: A Faqeeh is required to be a Muhaddith while a Muhaddith is not required to be a Faqeeh. This is since a Muhaddith is a Faqeeh automatically due to the nature of his condition. Did the Companions of Allaah’s Messenger, sallAllaahu ‘alayhi wa sallam, used to study Fiqh or not? And what was the Fiqh that they used to study? It is that which they used to take from the Messenger of Allaah, sallAllaahu ‘alayhi wa sallam (i.e. the hadeeth). So they were in fact studying the Hadeeth.

As for those Fuqahaa who study the opinions of the scholars and their Fiqh, while not studying the Hadeeth of their Prophet, sallAllaahu ‘alayhi wa sallam, who is the source of (all) Fiqh, it must be said to them: “You must study the Science of Hadeeth.” This is since we cannot imagine there being a correct Fiqh without knowledge of the Hadeeth, memorizing them, authenticating them and declaring them weak. And at the same time, we cannot imagine there being a Muhaddith that is not a Faqeeh.

Thus, the Qur’aan and the Sunnah are the source for all of the Fiqh. As for the Fiqh that is commonly known today then it is the Fiqh of the scholars and not the Fiqh of the Book and the Sunnah. Yes, some of it exists in the Book and the Sunnah, but some of it consists purely of opinions and scholarly deductions. However, in much of these (opinions and deductions), there is a contradiction on their part with the hadeeth, for they were not able to encompass all the knowledge of it. [Al-Asaalah, Issue #7]

Published: March 26, 2006