|
Post by StudentOfTheDeen on Nov 28, 2023 16:06:00 GMT
|
|
|
Post by StudentOfTheDeen on Nov 18, 2023 10:53:52 GMT
Rules of Inheritance (Fara’id) According to the Hanafi Madhhab
Taught by Mufti Zameelur Rahman
6 Week Course
Amir al-Mu’minin ‘Umar ibn al-Khattab (May Allah be pleased with him) said: “Learn the shares of inheritance (fara’id) for indeed they are from your religion (din).” ( Musannaf Ibn Abi Shaybah, 31681) It is reported the Prophet (may Allah bless him and grant him peace) emphasised the importance of correctly distributing a person’s estate by saying, “Whoever nullifies an inheritance share that Allah has allocated in His Book has nullified their inheritance of Jannah.” ( Musannaf Ibn Abi Shaybah, 31688) The subject of “Fara’id” (inheritance) is not only important but also intellectually stimulating. Hence, ‘Umar (May Allah be pleased with him) wrote to Abu Musa al-Ash‘ari (May Allah be pleased with him): “When you engage in leisure do so with archery, and when you engage in discussions, talk about fara’id.” ( al-Mustadrak, 8166) This course is designed to cover the principles and rules of inheritance distribution according to the Hanafi madhhab, enabling participants to gain a thorough understanding of the majority of scenarios. Numerous examples and scenarios will be employed to facilitate understanding. What you'll learn:● Qur’anic verses and hadiths relevant to the subject of inheritance ● The importance of adhering to Islamic inheritance laws ● How to calculate inheritance shares ● Writing a will ● Gifting one’s wealth before passing: dos and donts ● Dividing up the estate after determining the shares of each heir ● Wisdoms behind the Islamic system of inheritance Who this course is for:● Suitable for beginners (no prior qualifications required) ● Beneficial for students of knowledge ● Open to brothers and sisters Teacher Bio: Mufti Zameelur Rahman
Mufti Zameel completed his memorisation of the Qur’an as a teenager. He later went on to complete the ‘Alimiyyah programme in the Islamic sciences at Darul Ulum Birmingham, UK. He then furthered his studies and completed an Ifta/Takhassus fi’ l-Fiqh (specialisation in fiqh and fatwa) course at Dar al-Ifta al-Mahmudiyyah in Durban, South Africa under renowned specialists Mufti Ebrahim Desai and Mufti Husain Kadodia. Website: darulmaarif.comRegister here: assubah.com/courses/rules-of-inheritance-fara-id/
|
|
|
Post by StudentOfTheDeen on Nov 15, 2023 18:34:02 GMT
Following a Madhhab: A Basic Explanation
By Mufti Zameelur Rahman All Muslims believe and accept that Muḥammad ﷺ is Allāh’s final messenger, who was appointed to deliver guidance to humanity. It was his mission, as the Qur’ān states, to “recite to them the verses of the Qur’ān, purify them [from idolatry and false beliefs], and teach them the Qur’ān and the commandments,” while “before they were in manifest error.” (Qur’ān, 3:164) The guidance that the Prophet ﷺ left for the Ummah takes two forms: the words of revelation, the Qur’ān, and his own teachings and example, the Sunnah. The Qur’ān says: “This is a blessed book that We have sent down, so follow it.” (Qur’ān, 6:155) The Qur’ān also exhorts people to: “Believe in Allāh and His Messenger, the unlettered prophet…and follow him so that you may be guided.” (Qur’ān, 7:158) Hence, a Muslim’s obligation is to follow the Qur’ān, the divine words, and the Sunnah, the prophetic teachings. Clear and Obscure Points of Religious LawMany commandments are clearly articulated in the Qur’ān and/or Sunnah, like the obligation to pray five times a day and fast in the month of Ramaḍān or the prohibition of drinking wine and gambling. However, there are issues in which there is no clear guidance in the Qur’ān and Sunnah. The task of discovering what Islām teaches on such issues falls on expert scholars, known as “mujtahids”. A mujtahid is someone qualified to assess the Qur’ān and Sunnah and use their judgement to arrive at what Islām teaches about obscure matters of religious law (Sharī‘ah). Many of the Ṣaḥābah (the direct companions of the Prophet ﷺ) were mujtahids. Mujtahids would often disagree, but disagreements were tolerated provided the mujtahids who opined them were truly qualified and able. For example, some mujtahids among the Ṣaḥābah believed that consuming something that had been heated by fire would break one’s wuḍū’ (ablution) while others believed that it would not. Both teachings (that it would and would not break wuḍū’) are proven from the Prophet ﷺ. As it was a period of ongoing revelation, commandments would often be abrogated and revised in the lifetime of the Prophet ﷺ, until they were finalised with the cessation of revelation and the demise of the Prophet ﷺ. Thus, on this question, the Ṣaḥābah and those after them differed over which was the last and final teaching of the Prophet ﷺ. There were many other disagreements on obscure points of religious law. These disagreements were sometimes because of an uncertainty regarding which was the Prophet’s ﷺ final teaching, sometimes because of competing understandings of certain incidents, statements or texts, sometimes because of disputing whether something is proven from the Prophet ﷺ or not, and sometimes for other reasons. In obscure points of religious law, every mujtahid was obligated to follow what they, in their expert judgement, believed to be the Sharī‘ah’s true intent. Taqlīd: Following Qualified Religious Authorities Most ordinary Muslims are not mujtahids. They are not qualified to assess the Qur’ān and Sunnah and come to a conclusion on an obscure point of religious law. The rule for them is, therefore, that they put their trust in a mujtahid and follow his judgement. This is known as “taqlīd”. Taqlīd is an ordinary part of human life; it simply means to defer to experts on matters that require expertise. A layman will not attempt to perform surgery, nor do the plumbing or other such delicate activities that require expertise. Similarly, the most delicate and sensitive of matters, deriving the judgement of Qur’ān and Sunnah on an obscure point of religious law, requires great expertise. It requires sound knowledge of Arabic, in-depth knowledge of the Qur’ān & Ḥadīth, their principles and commentaries, along with piety and scrupulousness. Such a combination of qualities is an extreme rarity. Writing in the early sixth century after Hijrah (about nine hundred years ago), the famous imām, Qāḍī ‘Iyāḍ (476 – 544), states: The knowledge of the early mujtahids is far superior to the knowledge of later Muslim theologians. This is not only because the early mujtahids lived closer to the time of revelation and witnessed the earliest Muslim communities practise Islām but also because, as foretold by the Prophet ﷺ, trustworthiness and devotion to religion became weaker after the earliest generations. Hence, even later Muslim theologians, like Qāḍī ‘Iyāḍ, followed the early mujtahids, like Imām Mālik. The Four MadhhabsGreat mujtahids from the second, third and fourth generations of Muslims dedicated themselves to producing comprehensive codes of religious law, known as “madhhabs”. These were written down and recorded by the mujtahids themselves and/or their students. Four madhhabs, in particular, became popular: the Ḥanafī, Mālikī, Shāfi‘ī and Ḥanbalī madhhabs, named after their founders: - Imām Abū Ḥanīfah (80 – 150 AH) from Iraq
- Imām Mālik (93 – 179 AH) from Madinah
- Imām al-Shāfi‘ī (150 – 204 AH) from Makkah/Cairo
- Imām Aḥmad ibn Ḥanbal (164 – 241 H AH) from Baghdad
Ibn Rajab al-Ḥanbalī, a scholar from about seven hundred years ago, explained that all people depend on these four imāms “for their legal doctrines and refer to them for knowledge of rulings”. ( Majmū‘ah Rasā’il Ibn Rajab, 1:263) Following One MadhhabMuslim theologians also understood that once these comprehensive codes of religious law (madhhabs) became widespread and accessible, it would not be correct for an individual to select opinions on different points of law from different madhhabs. Rather, he or she should choose one madhhab and follow it in its entirety. One of the important reasons for this is that if an individual was left to choose opinions at will, it would lead to basing their judgement in matters of religion on their desires rather than a sincere wish to know what the religion teaches. On a point of dispute, a layperson who is exposed to two or more opinions, and told to pick any, may end up opting for whatever agrees with their desires. Thus, their motive for adopting an opinion becomes their desires. However, if an individual adopts a madhhab which they will follow in its entirety, their choice will not be dictated by their whims. Imām al-Ghazālī (450 – 505), a major scholar from about nine hundred years ago, explains: There are other reasons also (which the scholars have described in detail) for why it is necessary that a layperson adhere strictly to one madhhab rather than “mix and match”. As mentioned earlier, a mujtahid must follow what they believe to be correct based on their judgement and may not follow the view of another mujtahid when they believe it to be mistaken. In the same way, a person doing taqlīd must follow the madhhab of the mujtahid they feel most inclined to and may not follow a different madhhab where it disagrees.
For further reading, please refer to the following articles: A Brief Explanation on Why it is Necessary to Follow One Madhhab
Imām Ghazālī: A Muqallid Shows Complete Deference to his ImāmImām al-Shāṭibī’s Argument for the Necessity of Following One Madhhab in its EntiretyḤanafī Muftīs Today are Transmitters & not Capable of Tarjīḥ
|
|
|
Post by StudentOfTheDeen on Nov 11, 2023 11:27:20 GMT
What Does Islam Say About a Person's Belongings After They Die?
Mufti Zameelur Rahman YouTube Video DescriptionIt is reported the Prophet ﷺ said: Despite the importance of correctly adhering to Islamic laws of inheritance, it is very common among Muslim households to be negligent of this duty. This presentation explains that it is a ritual obligation upon Muslims to uphold the allocated shares of inheritance prescribed in the Shari‘ah for heirs. It further underscores that all laws within Islam are imbued with profound benefits and wisdom. The presentation emphasises the gravity of this obligation based on the Qur’an’s warning against neglecting these laws. _________________________________________________ For a detailed course on Inheritance, taught by Mufti Zameelur Rahman, see here: assubah.com/courses/rules-of-inheritance-fara-id/As-Subah is a non-profit registered charity organisation. Please consider supporting the work we do by subscribing to our website—with regular access to our growing selection of live and on-demand courses—and/or setting up a regular monthly donation for an amount of your choosing. assubah.com/Donate: assubah.com/donate/
|
|
|
Post by StudentOfTheDeen on Oct 2, 2023 15:06:30 GMT
|
|
|
Post by StudentOfTheDeen on Oct 2, 2023 15:06:01 GMT
|
|
|
Post by StudentOfTheDeen on Oct 2, 2023 15:04:55 GMT
|
|
|
Post by StudentOfTheDeen on Oct 2, 2023 15:04:02 GMT
|
|
|
Post by StudentOfTheDeen on Sept 27, 2023 17:57:44 GMT
‘Allāmah Abū Ḥafṣ Tāj al-Dīn al-Fākihānī al-Mālikī ‘Allāmah Abū Ḥafṣ Tāj al-Dīn ‘Umar ibn ‘Alī ibn Sālim al-Lakhmī al-Fākihānī, known as “al-Fākihānī” or “Ibn al-Fākihānī”, was born in the year 654 H in Alexandria, Egypt. He was brought up in his hometown, and learnt Qur’ān under one of Alexandria’s most prominent Qur’ān teachers and Muqri’s, Makīn al-Dīn al-Asmar ‘Abdullāh ibn Manṣūr al-Iskandarī (d. 692 H). He learnt the various Qirā’āt from Abū ‘Abdillāh Muḥammad ibn ‘Abdillāh al-Māzūnī (606 – 693 H). He travelled to Cairo, and excelled in Mālikī Fiqh and the sciences of Arabic language. He learnt the Shifā’ and Tirmidhi from Abū ‘Abdillāh Muḥammad ibn Ṭarkhān, and learnt Sunan Ibn Mājah from Jamāl al-Dīn Abū Bakr Muḥammad ibn ‘Abd al-‘Aẓīm ibn al-Saqaṭī (622 – 707 H). He kept the company of the great Alexandrian imām, Nāṣir al-Dīn Aḥmad ibn Muḥammad al-Mālikī, known popularly as “Ibn al-Munayyir” (620 – 683 H), and attended his durūs. He was known to have kept the company of a group of the Awliyā’. Amongst his teachers was the great erudite imām of Qus, Egypt, Shaykh al-Islām Abu l-Fatḥ Ibn Daqīq al-‘Īd (625 – 702 H). He also learnt ḥadīth from the ḥāfiẓ of his time, Ḥāfiẓ Sharaf al-Dīn al-Dimyāṭī (613 – 705 H). Amongst his teachers was also the famous Badr al-Dīn Ibn Jamā‘ah al-Shāfi‘ī (639 – 733 H). ( Bughyat al-Wu‘āt, 2:221) He learnt from many other teachers. He travelled to Quds and Damascus in 731 H. In Damascus, he taught some of his books, and amongst those who learnt from him was Hāfiẓ Ibn Kathīr. They both attended lessons of other mashāyikh together. ( Al-Bidāyah wa l-Nihāyah, Dār Ibn Kathīr, 16:261) He also took from, and taught, al-Dhahabī while in Damascus. ( al-Mu‘jam al-Mukhtaṣṣ, 227) Ibn Farḥūn relates from the muḥaddith, Jamāl al-Dīn ‘Abdullāh ibn Muḥammad Ibn Ḥadīdah (d. 783), that he heard him narrating in the year 778: “We travelled with our shaykh, Tāj al-Dīn al-Fākihānī, to Damascus, and he wanted to visit the sandal of our master, the Messenger of Allāh (ṣallallāhu ‘alayhi wasallam), which was in Dār al-Ḥadīth al-Ashrafiyyah in Damascus, while I was with him. When he saw the blessed sandal, he uncovered his head, and began to kiss it and rub his face on it, while tears were flowing, and he recited [the following lines of poetry]: ‘ Had it been said to Majnūn: Is it Laylā and keeping ties with her that you desire, or the world and what is [hidden] in its folds? He would say: The dust from the soil of her sandals are more beloved to my soul and more protective of its trials.’” ( al-Dībāj al-Mudhhab, 2:81)
He was the author of a number of accepted works. His al-Taḥrīr wa ‘l-Taḥbīr, a commentary on al-Risālah of Ibn Abī Zayd al-Qayrawānī, became an accepted reference work in the Mālikī madhhab, quoted frequently in later works like al-Ḥaṭṭāb’s Mawāhib al-Jalīl and al-Kharshī’s Sharḥ Mukhtaṣar Khalīl. He wrote a book on praise of the Prophet (ṣallallāhu ‘alayhi wasallam) called al-Fajr al-Munīr and a book defending visitation of his grave called al-Tuḥfat al-Mukhtārah fi l-Radd ‘alā Munkir al-Ziyārah. One of his famous works is a commentary on a text devoted to the ḥadīths of legal rulings, called al-‘Umdah, which he titled Riyāḍ al-Afhām fī Sharḥ ‘Umdat al-Aḥkām. The book is in print and has been highly regarded by the scholars. He also authored a work on Naḥw, called al-Ishārah, on which he wrote a commentary. He has a commentary on Nawawī’s al-Arba‘ūn, called al-Manhaj al-Mubīn, which is also in print. From his list of written works, Ibn Ḥajar includes: al-Mawrid fi ‘l-Mawlid, his refutation of the Mawlid, the birthday celebration of the Prophet (ṣallallāhu ‘alayhi wasallam) held in Rabī‘ al-Awwal. ( al-Durar al-Kāminah, 3:178) He is described as a polymath, ascetic, of beautiful character and piety. There are different views on when he died, whether in the year 731 or 734. He died in his hometown of Alexandria. At his deathbed, his son-in-law, al-Faqīh Maymūm, was reciting the shahādah to him to remind him to recite it; at which al-Fākihānī opened his eyes, and recited the following lines of poetry: “ He proceeds to remind me of bonds [made] at the protectorate, but when have I forgotten that I need to remember?!” Then he recited the shahādah and passed away. ( al-Dībāj al-Mudhhab, 2:82) Muḥammad ibn Ibrāhīm ibn Abī Bakr al-Jazarī (d. 738 H), a Damascene contemporary of al-Fākihānī, described him as: “ The shaykh, the imām, the ascetic…He was a shaykh, a Mālikī jurist, a scholar of Naḥw; he possessed virtues and piety.” ( Tārīkh Ibn al-Jazarī, 3:704)
Another contemporary, the great Imām al-Dhahabī (673 – 748 H), described him as: “ The imām, the scholar of Naḥw, the proficient…I saw him, and he had authored books; he heard from me and I took ḥadīths from him.” ( al-Mu‘jam al-Mukhtaṣṣ, 227) Ibn Kathīr (701 – 774 H), who is counted amongst his students, described him as, “ the shaykh, the polymath.” ( Al-Bidāyah wa l-Nihāyah, Dār Ibn Kathīr, 16:261) Qāḍī Burhān al-Dīn Ibn Farḥūn al-Mālikī (730 – 799 H), a great Mālikī scholar of Madīnah, described him as follows: “ He was a jurist, virtuous, a polymath in [the fields of] ḥadīth, Fiqh, Uṣūl, Arabic language and literature. He possessed a great share in the firm religion and [in] immense piety and following the righteous Salaf. [He was] of beautiful character. He kept the company of a group of the Awliyā’, adopting their traits and taking on their etiquettes, and he performed ḥajj more than once and narrated some of his books. He has a commentary on ‘Umdah, which is unprecedented, because of its many benefits.” ( al-Dībāj al-Mudhhab, 2:80-1) Al-Suyūṭī (849 – 911 H) describes him as follows: “ He was a jurist, a polymath in the sciences, pious, immense (aẓīm). He kept the company of the Awliyā’ and adopted their etiquettes.” ( Ḥusn al-Muḥāḍarah, 1:458)
Extracted from THIS ARTICLE
|
|
|
Post by StudentOfTheDeen on Sept 23, 2023 18:04:54 GMT
Review of Dr Salah Abu 'l-Hajj's Is'ad al-Mufti 'Ala Sharh 'Uqud Rasm al-Mufti
By Mufti Husain Kadodia
Studying the field of Usul al-Ifta/Rasm al-Mufti is not only integral for every Mufti, but also for every alim. The general qawaid of the field should be part of any alim course, as every alim needs to know how to identify the rajih view in the madhab. The major work on the topic is Ibn Abidin’s Sharh Uqud Rasm al-Mufti, which is taught in all Dar al-Iftas. Despite the important of the book, there are very few commentaries available on it, especially in Arabic. This work, by Dr Salah Abu ‘l-Haj of Amman, Jordan is a detailed ta’liq on the book and is more of a sharh than a tahqiq or ta’liq. The first 200 plus pages are devoted to detailed discussions on issues like following a madhab, tabaqat of the fuqaha etc. He then presents Ibn Abidin’s Sharh al-Uqud, with his detailed footnotes that contain lengthy tarajim of a’lam, explain difficult ibarat, debate whether Ibn Abidin’s viewpoint is correct and other fawaid. His footnotes are filled with fawaid and should be compulsory reading for anyone studying the book. At the same time, it is imperative to note that Dr Salah holds a host of problematic views concerning Usul al-Ifta and most of these are expounded upon in his footnotes to this book.One may then ask, “Why am I advising ifta students to study this book, when it contains his problematic views?” The reply would be: Firstly, if you don’t possess the ability to read critically and just lap up everything you read, then you shouldn’t be in a Dar al-Ifta. Secondly, any decent mufti needs to be aware of these problematic positions and should prepare replies to them. Dr Salah’s students are now propagating his erroneous views as the correct Hanafi view and if you haven’t even heard of them, how are you ever going to respond to them? It should also be noted that I only advise this book for the commentary, which would be read out of class times. Don’t use it in class for the text, as his tahqiq of the text is very poor.To explain: It is accepted amongst Muhaqqiqin that when mentions at the start of a book that muqabalah of this book took place against X number of manuscripts, it means that each of these manuscripts in their entirety was compared against the text of the book. If one only used them to check up certain difficult spots, then one is required to explicitly state this and one cannot claim he made muqabalah of the book on these manuscripts. Dr Salah states on Pg. 230 of this book: He mentions which ones and gives pictures of the start and end of them. The reality however is that he definitely did NOT make muqabalah of the book on even one of these 3 manuscripts.
Had he done so, he would have corrected many of the errors that were found in the old edition of the book that he typed out, yet these are still found in his edition. There is even a place where a number of lines are missing in the old edition as well as in his edition, yet these are found in the manuscripts he claims to have used. He just resorted to checking the manuscripts when something was really unclear to him otherwise, he did not make muqabalah of the book on these manuscripts. Ironically, there are places where he makes changes/corrections claiming that he relied on the manuscripts for these corrections, but in reality, this isn’t in the manuscripts! This problematic manhaj in tahqiq of Dr Salah really raises red flags about the quality of his other tahqiqat. This is a booklet, with the manuscripts being just 30-40 folios, yet he was unable to make muqabalah, in spite of this book and this field being so important and one he is supposedly a specialist in.I have received multiple complaints about the large number of typos in his other works and really wonder what manhaj of tahqiq was followed therein. To sum it up: The text of Sharh Uqud here isn’t the best; there are half a dozen other prints that are better than this for the text. This commentary however is really beneficial and is a must-read for every Ifta student/Mufti, however it does contain problematic content, which should be ready with a critical mind. Study it and find convincing replies to his arguments.
Reproduced, with permission, from HERE
|
|