DIN PVE-TAN - Overview of Shariah Intelligence

MODULE 3 – SHARI’AH INTELLIGENCE I: THE BASIC PRINCIPLES OF
ISLAMIC JURISPRUDENCE
PRINCIPLES AND SOURCES OF EVIDENCE IN

ISLAMIC JURISPRUDENCE – USUL AL-FIQH
BUILDING RESILIENCE AGAINST VIOLENT

E X T R E M I S M ( B R AV E ) & P R E V E N T I N G V I O L E N T
E X T R E M I S M – T H R O U G H A LT E R N AT I V E
N A R R AT I V E S ( P V E - TA N ) © Da’wah Institute of Nigeria (DIN),
Islamic Education Trust (IET), Minna,
Niger State, Nigeria.
SHARI’AH
INTELLIGENCE
The Principles (Usul)
and Objectives
(maqasid) of Islamic
Jurisprudence
“Overview” of Shari’ah Intelligence
© Da'wah Institute of Nigeria, Islamic Education Trust, Minna.

1

Lesson 1: Objectives & Expectations
•To introduce Muslim activists,
students, academics and those
involved in da’wah to the classical
methodologies of juristic reasoning
and the formulation of fatwas.
•To enable participants understand

why scholars differ in their verdicts.
•To assist those new to Islamic
jurisprudence understand the nuanced
language and terminologies used by
scholars and how to be more precise in
articulating their questions for the
consideration of scholars and in critiquing
of the arguments and answers given.

•To equip participants with the necessary
knowledge for identifying verdicts which
have not been formulated using classical
methodologies.
•To explain how scholars reconcile their

opinions with the higher purposes and
intents of the Shari’ah.

•To empower participants with knowledge
of what actions may be taken when
scholars differ on a particular issue.
•To explain why Muslims should have

greater respect for diversity of opinions
and multiple approaches to derivation
from texts.

SECTION 1:
REPRESENTING THE
MESSENGER: A
CONSISTENT
METHODOLOGY

Lesson 2: What is Usul al-Fiqh?
•The “roots” or “foundation” of Islamic

jurisprudence (fiqh)
•Studying the proofs (adillah) and

“equations” behind fatwa or fiqh
•The guidelines for the respectful interaction

between reason and revelation
•The Equations (“BODMAS”) for analysing
the position of the Qur’an and Sunnah on
an issue
•The consistent methodology of

interpretation of Islamic sources and ijtihad
•The research methodology and tools for

thought when searching for a Islamic legal
answer or verdict (fatwa)
•The field that regulates juristic reasoning
(ijtihad) – the how and why of ijtihad by a
Mujtahid (or Mufti) – Master Chef/fisherman
•A method of ensuring that the Prophet is

accurately represented by a scholar
•Protecting the Ummah from fanciful and

extremist interpretations – Keeping the
Straight Path straight!
2

Good Reasoning & Maximizing Certainty
Eyes and light – reason and revelation and the

Search for the Will of Allah
Role 1: Verification of authenticity of revelation

(or Prescription)
Role 2: Understanding meaning and implications
of revelation (or Prescription)
Role 3: Appreciating wisdom of revelation
Role 4: Proper application of revelation
LESSON 3: THE EVOLUTION OF USUL AL-FIQH
1. The Generation of Sam’i – of listeners,

eye witnesses – Sahabah
2. The Generation of Jam’i – of gatherers,

collectors – Tabi’un
3. The Generation of Fiqh and Usul al-Fiqh –

of analysts and jurists – Tabi’u al-Tabi’una
What do we want from Usul?
• To be able to say with a reasonable degree of
certainty what level of desirability or
undesirability to assign every aspect of our lives
based on the guidance of divine revelation
(Qur’an) and its implementation in the life of it’s
last Prophet (Sunnah)
• We learn the ethical or value-judgements or

rulings that Shari’ah places on beliefs and
actions – the ahkam ash-Shari’y
Lesson 5: Ahkam al-Shar’iy
– Shari’ah Rulings
Everything we do in life is broadly classified into the
following 5 categories:
1. Fard or Wajib – compulsory, obligatory, sinful if omitted
2. Mustahab or mandub – encouraged, liked
3. Mubah – Permissible, neither encouraged nor
discouraged
4. Makruh – discouraged, disliked, but tolerated,
5. Haram – Forbidden, prohibited, sinful if committed
Consider Abu Hanifa’s 7 categories – additional “Wajib”
and “Makruh Tahrimi”
SECTION 2:
IN THE SEARCH OF
THE STRAIGHT PATH:
THE MUJTAHID'S
TOOLS AND
PRINCIPLES
Lesson 6: Sources of Evidence in Shari’ah
1. Qur’an
2. Sunnah/Hadith – 8. Opinion/Ra’yi of Sahabi
Mutawatir and Ahad 9. “Juristic
3. “Consensus”/Ijma’ preference/Isthisan
4. Tradition or Amal of 10.“Public
Medina Interest”/Maslaha
5. “Analogy”/Qiyas 11. “Blocking the
6. Custom/‘Urf means”/Sadd al-Dhari’a
7. Presumption of 12.“Earlier laws” /Shar’ man
Continuity/ Istishab qablana
13.Etc.
Lesson 7: Primary Sources
Qur’an and Sunnah
1. Qur’an: This is the untainted Word of God

revealed to the Prophet Muhammad (‫)ﷺ‬
through Archangel Jibril and preserved in the
original Arabic language.
• There is a complete unanimity among all Schools
of Juristic Thought that the “Uthmani version” of
the Qur’an is multiple-chained and authentic in its
entirety
3

2. Sunnah: This refers to the tradition or practice
of the Prophet Muhammad (‫ )ﷺ‬as preserved
mainly in the authenticated hadith narrations.
• These hadith narrations are the main carriers,

sources or conveyors of the Sunnah.
• These covers the records of the Prophet’s
actions, sayings, tacit (silent or implied)
approval of the action and sayings of others
along with his methodology.
* Sunnah/Hadith – Mutawatir and Ahad
Lessons: 9, 10 &1 1
• 9: “Consensus”/Ijma’ – Hadd punishment for
Apostasy, women leading prayers, Fundamentals
of Islam, etc.
• 10: “Analogy”/Qiyas - Illah and Hikmah –

“coloured” child, narcotics, breaking fast when
travelling, repeatedly broken ablution, etc.
• 11: “Opinion”/Ra’yi of Sahabi – Intended Triple

divorce, Umar and camel thieves, etc.
Lessons: 12 & 13
• 12: Custom/‘Urf – dress, names,

design of mosques, martial arts
• 13: Presumption of continuity/ Istishab

– Taharah, permissibility, innocence,
responsibility, policies, etc.
Lessons: 14 & 15
• 14: Tradition or Amal / Ijma’ of Medina

– Eating carnivores, position of hands
in prayer, adhan of Medina, etc.
• 15: Shar’u man Qablana refers to the

laws of the people of earlier
revelation – Ahl al-Kitab
Lessons: 16, 17 & 18
• 16: “Public Interest”/Maslaha – Age for driving,
conscription, political office, driving, marriage,
etc., security and Jumu’ah prayers, traffic rules,
waste mgt., etc.
• 17: “Juristic preference”/Istihsan – seeing ‘awrah
and privacy, Maududi and Fatima Jinnah,
Bismillah for Fatiha and unity, etc.
• 18: “Blocking the means”/Sadd al-Dhari’a – sale of
organs, segregation of women, barrier in the
mosque, etc.
LESSON 19: THE “SAFETY-NET”
PRINCIPLES AND TOOLS OF IJTIHAD -
PROTECTING THE SPIRIT OF SHARI’AH
• “Juristic preference/Istihsan
• “Public Interest”/Maslaha
• “Blocking the means”/Sadd al-Dhari’a
• Safety-nets”, “Insurance”, “Boundary lines”, “Back-

up tools” for Ijtihad – Maqasid tools (compass) –
Protecting the “Lawgiver’s Intent” or the “Prophetic
Intent” – the Spirit & Purpose of Shari’ah
4

LESSON 20: COMPARING THE SCHOOLS
OF JURISPRUDENCE
1. HANAFI = Q > Sm > Isthsn > Qys > Ijm > Sa > R’y > Urf
> Istshb.
2. MALIKI = Q > Sm > ‘Aml/Ijm > Mslh > Qys > Sa > R’y >
Sdd > Urf > Istshb.
3. SHAFI’I = Q > Sm > Ijm of C > Sa > R’y > Istshb > Qys
4. HANBALI = Q > Sm > Sa > R’y > Ijm > Qys > Mslh >
Isthsn > Sdd > Istshb.
5. ZAHIRI = Q > Sm & Sa > Istshb.

COMPARING THE SCHOOLS OF
JURISPRUDENCE…Contd.
6. JA’FARI & ZAIDI = Q > Sm > Ijma’ al-’Itrah (ahl al-Bayt >
R’y
7. MU’TAZILA = Q > Sm > Sa > Ijma’ > Qys > R’y > Ijm >
Mslh > Isthsn
8. ‘IBADI = Q > Sm & Sa > Ijma’ > Qys > Istshb > Isthsn

LCM and Denominators of Schools
1. HANAFI = Q > Sm > …
2. MALIKI = Q > Sm > …
3. SHAFI’I = Q > Sm > …
4. HANBALI = Q > Sm > …
5. ZAHIRI = Q > Sm …
SECTION 3:
IN SEARCH OF
CERTAINTY

Lesson 22: FIQH AND SHARI’AH – ANY
DIFFERENCE?
Shari’ah
Three main components:
1. al-ahkam al-i’tiqadiyyah or aqidah (the
sanctions/values relating to beliefs)
2. al-ahkam al-akhlaqiyyah (the sanctions/values
relating to moral and ethics), and
3. al-ahkam al-amaliyyah (sanctions/values
relating to worship and acts of devotion)
FIQH AND SHARI’AH – ANY
DIFFERENCE?...contd.
• Shari’ah may be envisaged as a wide circle
including all human actions
• Fiqh is a narrower circle, confined to what are
commonly understood as human actions which
have legal implications.
• Shari’ah is divine, fixed and of eternal relevance
• Most rulings of Fiqh are products of Ijtihad and
change according to changes of circumstances
under which they are applied.
FIQH AND SHARI’AH – ANY DIFFERENCE ?

Lesson 23: To Speak in God’s Name
• Danger of shirk – greatest sin against Allah

• ISLAM is submission to ALLAH’S WILL only!
• Fear of heresy, deviant innovations (bid’a)
• Importance of certainty & avoidance of doubt
• Danger of lying for God
• Distinguishing divine Shari’ah from human Fiqh
& Fatwa © Da'wah Institute of Nigeria, Islamic Education Trust, Minna.
5

Lesson 24: Absolute and relative CERTAINTY OF
PROOFS (adillah)
Certainty (qat’i) and Speculation/ presumption
(zanni) in representing the Prophet
1. Qat’i and Zanni in the historical credibility and

authenticity (thubut/wurud) – Who is it from
(author?)
2. Qat’i and Zanni in the meaning and implications

(dilalah) of Proofs (adillah) – What does it mean
or imply? © Da'wah Institute of Nigeria, Islamic Education Trust, Minna.
Lesson 25: Certainty in AUTHENTICITY of text
•The authenticity of a text (thubut or

wurud) determines the levels of certainty,
reliability, trustworthiness and authority
that the text or proof is given
•The more authentic a text is, the higher
its authority.
•This may applies to the primary and
secondary sources
Certainty in AUTHENTICITY of text…contd.
Qur’an:
• The authenticity of the Qur’an is certain and, therefore,
gives absolute certainty of truth (ilm al-yaqeen).
• Denial of the authenticity of any text of the Qur’an is
regarded as kufr
Sunnah:
• The hadith narrations are the major vehicles that carry
the Sunnah
• Classification of the authority and authenticity of the
hadith according to 5 major criteria
• Mutawatir and Ahad (khabr wahid)
Lesson 26: Certainty in the MEANING of texts
• The authentic text’s clarity.

• How am I sure that what you understand by
what God says is actually what God meant?
• How did God’s Prophet(p) understand it?
• I want to submit to what God meant, and not
to just any possible meaning.
• Respect alternative meanings as human
attempts, …and respect a decision to
disagree!
Certainty in the MEANING of texts …Contd.
• Understanding the meaning or implication of

the text is an attempt to achieve greater
certainty regarding what exactly was meant
by the Lawgiver
• Certainty regarding meaning can best be

ascertained by an authentic text’s clarity from
an assessment of all the relevant evidence.
a. Qat’i al-dilalah – text has an explicit, categorical,
definitive and unambiguous meaning or implication.
• (E.g. In the equation: 2 + X = 5, the value of “X”
could be nothing else but “3”)
• Absolute truth
• Example from the Qur’an 4:12
b. Zanni al-dilalah – meaning is probable, speculative
and debatable. Open to alternative interpretations.
• Relative truth
• (E.g. In the equation 2 + X + Y = 10, the value of “X”
could vary).
• Example from the Qur’an: mischief through the land
(Q5:33); rub your heads (Q5:6)
Implications of textual Commands (Amr) and
Prohibitions (Nahy)
• 3 difference views of scholars on the primary meaning
of Amr or Nahyi
• While a command or an injunction using the
prohibitive words, “Do…! or Do not…!” may seem
explicit and clear-cut (qat’i), such statements may also
be considered debatable in their legal implication
(zanni).
• The overt legal text of the Qur’an or Sunnah does not
independently constitute universal statements of law,
without support from other principles and sources of
law.
6

SECTION 4:
SEPARATING THE
ETERNAL FROM THE
HISTORICAL: THE
SUNNAH VS. SEERAH

Lesson 28: What is THE “SUNNAH” ?
• The term “Sunnah” is used by the various

strands of Islamic sciences and scholars in
different ways
• According to jurists (Fuqahah) it primarily

refers to a legal (shar'i) value which falls
under the general category of Mandub
• Sunnah as Hadith
• Sunnah of God’s Messenger
• Sunnah of Abu Bakr and Umar
• According to Usuli Scholars it refers to a
source of the Shari'ah and a legal proof
next to the Qur'an
• Sunnah may authorize and create any of
the following: Wajib, Haram, Mustahab,
Makruh and Mubah
• Distinguishing Sunnah from Seerah
(biography and historical information)
Implications of the Sunnah: The
Prophet’s Intent of Legislation
“A man does not understand

hadith until he knows what to
take from it and what to leave.”
(Ibn Abi Layla)
LESSON 29: IBN ASHUR’S CLASSIFICATION
1. The intent of legislation (tashri’).

2. The intent of issuing edicts/verdicts
(fatwa)
3. The intent of judgeship (qada’).
4. The intent of political leadership (imarah).
5. The intent of guidance and instructions
6. The intent of conciliation (sulh).
7. The intent of giving advice (isharah) to
those seeking his opinion.
8. The intent of counseling (nasihah).
9. The intent of spiritual uplifting and
encouraging people to follow the best
forms of conduct (takmil an-nufus).
10.The intent of teaching high ideals (ta’lim
al-haqaiq al-a’liyah).
11. The intent of disciplining his companions
(ta’dib).
12. Intent of non-instruction (tajarrud ‘an al-
irshad).
SECTION 5:
CODE OF THE MUJTAHID:
TERMS OF ENGAGEMENT
WITH REALITY

LESSON 30: MAXIMS OF ISLAMIC JURISPRUDENCE
Ground Rules – Qawa’id al-Fiqhiyyah

1. “Acts are judged by the intention behind them” (Al-
umuru bi-maqasidiha)
2. “Certainty is not overruled by doubt” (Al-yaqinu la
yazulu bish-shakk).
3. “Harm must be eliminated” (Ad-dararu yuzal)
4. “Hardship begets facility” (Al-mashaqqatu tajlib al-
taysir)
5. “Custom is a basis of judgement” (Al-‘addatu
muhakkamatun) © Da'wah Institute of Nigeria, Islamic Education Trust, Minna.
7

Lesson 31: A fundamental maxim for Usul al-Fiqh
• “Certainty is not overruled by doubt” (Al-yaqinu la

yazulu bish-shakk).
• “The norm in regard to things is that of
permissibility” (Al-aslu fil-ashyaa’ al-ibahah)
• Based also on -“(He) has created all that is in the earth

for your benefit” (Qur’an 2:29)
• “Whatever God has made halal is halal and whatever
He has rendered as haram is haram, and all that over
which He has remained silent is forgiven” (Ibn Majah)
“Everything is halal except what is haram” from
a clear and explicit text (nass qat’i thubut) of
the Qur’an and authentic Sunnah.
i.e. Whatever is not haram is in fact halal !!!
 Halal is the default verdict for everything (especially

in social transactions or mu’amalat)
 The assumed verdict for everything is halal
 Silence in the text means
 halal or,
 opportunity for ijtihad (by Mujtahid) using various
tools of the Schools of Jurisprudence
“Everything is halal except what is explicitly
haram”
• ‘Urf and Adaat – Custom & culture

• Mu’amalat – Social transactions
• Ibadat and Aqidah – Devotional worship
and creed (bid’ah)

Lesson 32: Differences over exceptions - Bid’ah
• The case of acts of devotional or ritual worship

(ibadat)
• Dissent regarding the application of this principle of
permissibility (and hence of innovation – bid’ah) to the
sphere of devotional worship - ibadah or deen, - as
opposed to dunya or “worldly” affairs – i.e. mu’amalat
or adat.
• There appear to be 2 major opinions, paradigms or
perspectives, with some diversity, nuances and
qualifications within each of these major perspectives

Differences over exceptions to the Rule -
Bid’ah…Contd.
•Opinion 1: Deen as an Exception to the

Rule of Permissibility
•Opinion 2: Deen not an Exception to the

Rule of Permissibility

Lesson 33: Agreements and Disagreements
The scholars agree on the following:
Where the Qur’an and Hadith Mutawatir (which are
qati’ al-thubut) are explicitly clear and unambiguous in
their meaning and implications (qat’i al-dilalah) - No
disagreement among scholars
• These form the essential core of what it is to be a
Muslim.
• Qat’i texts are the bases for fundamental creed
(aqidah), ritual worship (ibadat) and the most
essential social transactions (mu’amalat), and
therefore are bases for establishing whether a
person is a Muslim or not.
Agreements and Disagreements …Contd.
Jurists differ in their verdicts (fatwas) for 3

main reasons:
1. Silence in the text of the Qur’an and Sunnah
2. When there is apparently conflicting
evidence in the texts
3. They may differ in their assessment of the
environment, context or situation in which
their verdicts will be applied.
• Where the evidence for a position is not
explicitly established from the text of the
Qur’an or from Hadith Mutawatir,
scholars begin to differ as a result of their
unique hierarchical order of evidence and
the preferred methodology of their
Schools of Juristic Thought and mujtahid
imams
• This is most evident when there appears
to be conflicting pieces of evidence
(adillah) © Da'wah Institute of Nigeria, Islamic Education Trust, Minna.
MU’AMALAT 1. Authenticity
Certainty 2. Meaning/implication
QUR’AN
NO
S
YE
Haram YES MUTAWATIR HADITH

CALM DOWN!!
NO
CALM DOWN!! Shafi Hadith Ahad
Hanbali S
YE
NO
Makruh Tahrimi Hanafi
Tools of Ijtihad
Maliki
& Al-Maqasid,
Makruh “safety-nets”
Shadhdh
MU’AMALAT
ISSUE and
HARAM/FARD
1. Qur’an – qati’
2. Sunnah mutawatir – qati’
CALM DOWN !!
CHILL !!!
…Differences
Begin…
CALM DOWN !!
CHILL !!!
3. Sunnah Ahaad – and the TOOLS of

IJTIHAD (Hierarchy of authority)

LESSON 34: PERMUTATIONS OF CERTAINTY &
SPECULATION IN AUTHENTICITY & MEANING
1. Qat’i al al-thubut and Qat’i al-Dilalah (“certain
authenticity” and “certain meaning”)
2. Qat’i al-Thubut and Zanni al-Dilalah (“certain
authenticity” and “presumptive meaning”)
3. Zanni al-Thubut and Qat’i al-Dilalah
(“presumptive authenticity” and “certain
meaning”)
4. Zanni al-Thubut and Zanni al-Dilalah
(“presumptive authenticity” and “presumptive
meaning”) © Da'wah Institute of Nigeria, Islamic Education Trust, Minna.
Note
From all the 4 permutations of Qat’i and
Zanni, as they apply to al-Thubut and al-
Dilalah, it should be noted that if it is clear
and understood that a particular issue or
ruling or verdict is not established by an
undisputedly authentic text with a clear
definitive meaning, it is then strictly
forbidden to judge one who commits or
omits it as a disbeliever (Kafir).
8

SECTION 6:
THE AIMS AND

OBJECTIVES OF
SHARI'AH:
KEEPING THE END IN
MIND
Lesson 36: THE AIMS AND OBJECTIVES OF
SHARI'AH: KEEPING THE END IN MIND
• Preamble to Maqasid al-Shari’ah

• “Maqasid” – purposes, objectives, aims, goals,
higher intents, etc.
• The 2 Major Aims And Objectives Of Shari'ah
1. Promote, enhance, preserve and protect
benefit and the common good - Maslahah,
2. Avoid and prevent harm, evil or suffering -
Mafsadah
Lesson 37: Application of maqasid among
the Sahabah
1. Not Praying ‘Asr until arrival at Banu

Qurayzah
2. Umar and the Spoils of War
3. Moratorium on the Hadd of Theft
4. ‘Umar and Zakat on Horses
Lesson 38: Maqasid in Ibadat and Mu’amalat
• Maqasid and wisdom behind everything

(ibadat and mu’amalat)
• More or less obvious, single or multiple
maqasid
• “Exact compliance is the default methodology
in the area of acts of worship (‘ibadat), while
the consideration of purposes (maqasid) is the
default methodology in the area of worldly
dealings (mu’amalat).” (Abu Ishaq Al-Shatibi)
Examples of Maqasid:
The preservation and enhancement of:
• Faith, religion, • Ease and facilitation

taqwah • Freedom, liberty
• Life, health, security • Excellence
• The mind, education • Environment, Ecology
• Family • Animal rights
• Wealth • Improving the UN
• Social cohesion (unity, “Human Development
brotherhood) Index”
• Justice • Etc., etc.
Lesson 39: Answering “why?”
The following are the 5 levels of why:
1. Level of Simple Actions– halal and haram; fatwa
and fiqh.
2. Level of Authority and Certainty of laws– Qur’an,
Sunnah and Usul al-Fiqh.
3. Level of Benefits (Maslahah) or Objectives
(Maqasid) of Shari’ah
4. Level of Values (and ‘Universal Maqasid’) – justice,
compassion, love, truth, consideration, freedom,
rights, service, responsibility, etc.
5. Level of Trust and Submission to Allah’s wisdom
LESSON 40: SCHOLARS’ ENDORSEMENTS OF MAQASID
“When you study how the purpose of law

brings good and prevents mischief, you
realise that it is unlawful to overlook any
common good, or to support any act of
mischief in any situation, even if you have
no specific evidence from the script,
consensus, or analogy”
Al-Izz ibn Abd al-Salam (Qawa’id al-Ahkam
fi Masalih al-Anam, Vol.2, p.221)
“The foundation of the Shari’ah is wisdom and
the safeguarding of people’s welfare in this life
and the next. In its entirety it is about justice,
mercy, wisdom, and good. Every rule which
replaces justice with injustice, mercy with its
opposite, the common good with mischief, and
wisdom with folly, is a ruling that does not
belong to the Shari’ah, even though it might
have been claimed to be according to some
interpretation...”
Ibn Qayyim al-Jawziyyah
(I’lam al-Muwaqqi’in, vol.1, p.333)
9

SECTION 7:
MAQASID AS A
COMPASS ON THE
MAP OF USUL AL-FIQH

Lesson 41: Regulating Usul al-Fiqh through
Maqasid al-Shari’ah
•Maqasid as a Compass on the map Of Usul

Al-Fiqh
•The “Commander’s Intent” and the letter of
the law
•Protecting the explicitly clear Spirit and
Purpose of the whole text from the explicitly
clear or presumptive letter of the law
•“Good” and “bad” in real life decisions
Greater or lesser “evils” & “good”
• Assessment of the “greater/lesser evil”

• Scope – number of people affected
• “Socio-economic Class” of people affected
• Severity – intensity of harm
• Duration – time under difficulty
• Side-effects and other consequences
• Etc.
• Importance of both Scholars of the TEXT (nass) and
scholars of the CONTEXT (waqi’)
LICENSES AND NECESSITIES
• Rukhsa, Fath al-Dhari’a

• The Maxims of necessity/relief
1. Classifying Necessities & Hardship:
• Darurah, Hajah and Tahsini
2. Classifying Haram:
• Of Means and of Ends
Classifying Hardship & Necessities
Desirables/ Tahsiniyyat
Needs/ Hajiyyat
Necessities/ Daruriyyat

Overlap between
Hierarchies of Maqasid
Tahsiniyyat Daruriyyat
Hajiyyat

Classifying Prohibitions (Haram):
Ways/Means/Paths vs. Ends/Objectives

Overlapping Gradation of Undesirability –
makruh to haram
Haram
Makruh of
Ends
Haram of
Means
Greater Hardship = Greater Relief

HARAM
OF ENDS

HARAM
OF
MEANS

HALAL
TAHSINIY HAJAH DARURAH

Luxury, desirable Important need Dire necessity
When Haram becomes permissible
1. In a state of darurah most prohibitions of
means and ends are regarded as temporarily
permissible (mubah or even mustahab) for the
duration of the necessity, as “lesser evils”.
2. In a state of hajah, those prohibitions that are

“haram of Means” are temporarily
permissible, while “haram of Ends” remain
prohibited.
When Haram becomes permissible
3. A state of hajah temporarily permits an
action regarding which there is debate or
disagreement among scholars regarding its
prohibition in Shari’ah
4. When a society is in a state of hajah, it is

close to a “state of emergency” and the
hajah are treated as a darurah, which makes
most harams of means and ends temporarily
permissible. © Da'wah Institute of Nigeria, Islamic Education Trust, Minna.
Hukum vs. Fatwa
• Who is asking?
• What is the context?
• What are the consequences?
• Who is being asked?

10

SECTION 8:
ENGAGING DIVERSITY
IN THE SEARCH FOR
TRUTH

Lesson 43: Reconciling Different Opinions
• Scholars differ a times because of
differences in their areas of
specialization
• Mujtahids
• Muftis and Fuqaha
• Mufassirun and Muhaddithun
Why Scholars Differ
1. Dealing with silence or ambiguity in the text and different
approaches to ijtihad methodology – preferred tools, etc.
2. Assessment of environment and context (including cognitive
culture)
3. Methods of resolving apparently conflicting evidence in the
sources
1. Jam’ – reconciliation
2. Tarjih - preference
3. Naskh - abrogation
4. Tawaqquf – suspension of judgment
5. Takhyir – choice based on appropriateness
6. Tasakut – dropping, cancellation or disregard for evidence
What to do When Scholars Differ
1. What is the strongest opinion based on
the evidence or tools of Usul and
Maqasid? (Tarjih)
2. Maqasid as a compass for usul al-fiqh.
Which is the most problem-solving? –
istislah or maslaha
3. Follow your madhhab
4. “Majority” of scholars, of madhhabs,
5. Local scholars
6. Specialist scholars
7. Easiest acceptable opinion
8. Most culturally acceptable – Urf
9. Position of the Authorities or
Leadership
10.What gives you peace of conscience,
peace of mind – “Actions judged by
intentions” – “Matters are judged by
their purposes”
“If you see a man doing
something over which there is
difference of opinion among
scholars, and which you believe to
be forbidden, you should not forbid
him from doing it.”
(Imam Sufyan At-Thawri)

Lesson 44: AGREEING TO DISAGREE
AGREEABLY!
• Humility, Curiosity, Sincerity and Committed to
the Higher Objectives of Islam
• Unity in Diversity – Width of the Straight Path
• Differences not disunity. Unity is not uniformity
• Differences are diversity not disunity
• Brotherhood in making the world a better place
– enjoining right and forbidding wrong
• Emphasising the maqasid of social obligations
and Khilafah as professionals and Scholars of
Contexts © Da'wah Institute of Nigeria, Islamic Education Trust, Minna.
LESSON 46:
THE FINALE WITH APOLOGIES
Remember!!!
• You are not a Mujtahid”
• You are not a Mufti”
• You do not know “Step-by-Step DIY Fatwah”
• You only know a brief introduction to the “Job
Description”, “Terms of Reference” and “Area of
Specialisation” of a Mujtahid and/or Mufti and are
more respectful, careful and curious to learn more.
• Hopefully, you are also a bit better at knowing how to
identify a fatwah that has not been “processed” by a
Mujtahid or Mufti © Da'wah Institute of Nigeria, Islamic Education Trust, Minna.
Thank you
Wassalamu alaykum wa rahmatullah

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DIN PVE-TAN - Overview of Shariah Intelligence

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MODULE 3 – SHARI’AH INTELLIGENCE I: THE BASIC PRINCIPLES OF

PRINCIPLES AND SOURCES OF EVIDENCE IN

BUILDING RESILIENCE AGAINST VIOLENT

© Da'wah Institute of Nigeria, Islamic Education Trust, Minna.

© Da'wah Institute of Nigeria, Islamic Education Trust, Minna.

•To enable participants understand

© Da'wah Institute of Nigeria, Islamic Education Trust, Minna.

•To explain how scholars reconcile their

© Da'wah Institute of Nigeria, Islamic Education Trust, Minna.

•To explain why Muslims should have

© Da'wah Institute of Nigeria, Islamic Education Trust, Minna.

© Da'wah Institute of Nigeria, Islamic Education Trust, Minna.

•The “roots” or “foundation” of Islamic

•Studying the proofs (adillah) and

•The guidelines for the respectful interaction

•The consistent methodology of

•The research methodology and tools for

•A method of ensuring that the Prophet is

•Protecting the Ummah from fanciful and

© Da'wah Institute of Nigeria, Islamic Education Trust, Minna.

Eyes and light – reason and revelation and the

Role 1: Verification of authenticity of revelation

1. The Generation of Sam’i – of listeners,

2. The Generation of Jam’i – of gatherers,

3. The Generation of Fiqh and Usul al-Fiqh –

• We learn the ethical or value-judgements or

1. Qur’an: This is the untainted Word of God

© Da'wah Institute of Nigeria, Islamic Education Trust, Minna.

• These hadith narrations are the main carriers,

• 10: “Analogy”/Qiyas - Illah and Hikmah –

• 11: “Opinion”/Ra’yi of Sahabi – Intended Triple

• 12: Custom/‘Urf – dress, names,

• 13: Presumption of continuity/ Istishab

• 14: Tradition or Amal / Ijma’ of Medina

• 15: Shar’u man Qablana refers to the

• Safety-nets”, “Insurance”, “Boundary lines”, “Back-

© Da'wah Institute of Nigeria, Islamic Education Trust, Minna.

5. ZAHIRI = Q > Sm & Sa > Istshb.

© Da'wah Institute of Nigeria, Islamic Education Trust, Minna.

1. HANAFI = Q > Sm > …

2. MALIKI = Q > Sm > …

3. SHAFI’I = Q > Sm > …

4. HANBALI = Q > Sm > …

© Da'wah Institute of Nigeria, Islamic Education Trust, Minna.

© Da'wah Institute of Nigeria, Islamic Education Trust, Minna.

• Danger of shirk – greatest sin against Allah

© Da'wah Institute of Nigeria, Islamic Education Trust, Minna.

1. Qat’i and Zanni in the historical credibility and

2. Qat’i and Zanni in the meaning and implications

•The authenticity of a text (thubut or

• The authentic text’s clarity.

• Understanding the meaning or implication of

• Certainty regarding meaning can best be

© Da'wah Institute of Nigeria, Islamic Education Trust, Minna.

© Da'wah Institute of Nigeria, Islamic Education Trust, Minna.

• The term “Sunnah” is used by the various

• According to jurists (Fuqahah) it primarily

“A man does not understand

1. The intent of legislation (tashri’).

CODE OF THE MUJTAHID:

© Da'wah Institute of Nigeria, Islamic Education Trust, Minna.

Ground Rules – Qawa’id al-Fiqhiyyah

© Da'wah Institute of Nigeria, Islamic Education Trust, Minna.