Importance of Fiqh
Fiqh means
to understand the orders of
Allah.
Fiqh is the
most important thing after
belief in Allah, the Prophets
and the Imams.
Getting
knowledge of Fiqh is wajib on
all Muslims.
According to
Hadees, if we do not acquire
fiqh, we may die as the biggest
kafir or the biggest munafiq (Aarabee).
Islam
reminds us that our real life is
the life hereafter, which is
forever. Our present life on
this earth is short, temporary
and a trial period for the next
permanent (real) life. This life
is a transit in our ultimate
destination to heaven or hell.
This present life is a test
period to judge who obeys the
orders of Allah and who does
not.
Therefore it
is necessary to understand and
obey orders of Allah (Fiqh).
Two Sources of Fiqh
a.
Holy Qur’an.
b.
Sunnah.
Holy Qur’an
is the word of Allah as revealed
to Holy Prophet (SAW) and Sunnah
means the sayings, actions and
silent approval of the Holy
Prophet (PBUH) and the Holy
Imams (AS). There are over 6000
Quranic verses and around 70,000
hadiths (Sunnah).
Both the
Holy Qur’an and Sunnah have
equal status as far as wajibat
is concerned. If one wajib is
mentioned in Sunnah only, it has
same weight as one wajib
mentioned in Quran only.
Dreams (in
which Prophet or Imam comes)
have no meaning in Fiqh and can
not over rule laws of Fiqh.
However dreams can support
existing laws of fiqh.
Fundamentals of Islam:
ISLAM
½
______________________________________________________
½
½
5 Beliefs (Aqidah)
Actions (Amal)
or Roots of
Religion
or Branches of Religion
(Usool-e-Deen)
(Furoo-e-Din)
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__________________½_______________
All Wajib Acts
½
½
Usool-e-Islam
Usool-e-Iman
or
Usool-e-Deen
or Usool-e-Mazhab
There are
three USOOL-E-ISLAM:
1.
Tauheed (Oneness of Allah)
2.
Risalah (Prophethood)
3.
Qiyamah (Day of Judgement)
There are two
USOOL-E-IMAN:
4.
Adalah (Justice of Allah)
5.
Imamat (Belief in12 Imams)
A Muslim is
one who believes in ALL THREE
Usool-e-Islam and a Shia Muslim
or Momin is one who believes in
ALL FIVE Usool-e-deen.
A kafir is
one who does not believe in or
who denies in any of the
following four things:
i)
Tauheed
ii)
Risalah
iii)
Qiyamah
iv)
Necessities of Religion
(Established tenets of Islam).
Necessities
of religion are those things on
which all Muslims agree as
established commandments of
Islam, eg. Salat, Sawm, Hajj,
Hijab, finality of prophethood
etc. For example, Qadiyanis are
kafir because they do not
believe in the finality of our
Holy Prophet, while all Muslims
agree on Prophet Muhammad (SAW)
to be the last Prophet of Allah.
Furoo-e-Din
are wajib on a person, who has
the following 4 conditions:
i)
Alive (Zinda)
ii)
Mature (Baligh)
iii)
Sane (Aql)
iv)
Capable (Mukhtar)
There are
differences in fiqh in Sunni &
Shia Islam. For example: rabbits
and crabs are halal in Sunni
fiqh but they are haram in Shia
fiqh.
According to Hadees of our 1st
Imam Ali (AS), anyone who follows
Islam without the knowledge of fiqh
is on the right path but is going in
the wrong direction.
In Islam, lack
of knowledge of fiqh (shariah) is
not an excuse for not following
tenets of Islam correctly.
Lack of
knowledge of fiqh about a good deed
can sometime lead to punishment
(azaab) instead of reward (sawab)
from Allah even though the intention
may initially be good. There are
many examples of this.
Story of a wife,
who after the death of her husband,
donated all his property and wealth
to the poor, but she earned hellfire
because she did not know the rules
of fiqh that after the husband’s
death, his property and wealth must
be distributed to heirs according to
the Islamic laws of inheritance.
According to fiqh, the wife gets
only a small portion of husband's
property and wealth. After
husband's death, she can not even
spend his money on his children
unless the husband has made her as
his wali (guardian) during his life
time or through a will. Writing of
Will (wasiyah) is very important for
people living in theWest.
Charity in the
way of Allah has greatest sawab but
only if it is done with your halal
earning. Shaitan acts very strongly
against charity givers.
Sadqa is the the
best protection from problems of
this world and also of akhirah.
Sadqa becomes
sadqa and is effective only when it
reaches the poor. Collecting sadqa
in a box on a daily basis has no
effect of sadqa unless it reaches
the poor immediately.
How to get sawab
of Sadqa if poor are not available
where you live? Knowledge of fiqh
offers solutions to this problem.
There are three methods:
(i) If you know
some poor person overseas or
anywhere whom you send money on a
monthly basis or regularly, get
permission from him that you will be
sending sadqa on a monthly/quarterly
basis to him; or
(ii) Get
permission from Mujtahid or his
wakil (representative) for giving
sadqa by collection in a box and
sending it to the poor after a fixed
duration. This method can also be
used for collection of sadqa at
Islamic Centres or Mosques; or
(iii) Give loan
(Qarzae hasna) to some poor in lump
sum in advance, then give sadqa (by
intention) to that person from that
loan as and when required. Thus the
loan will be written off through
sadqa.
Method no (iii)
above is known as ‘IBRA’ in Arabic,
and this method can also be used for
paying fitra or sehme sadat in
advance.
Conditions for Following Fiqh
(Sharaet-e-Takleef-e-Sharai)
Acting on fiqh
is wajib only if a person meets four
conditions:
i)
Alive (Zinda)
ii)
Mature (Baligh)
iii)
Sane (Aqil)
iv)
Capable (Akhtiyar)
If someone’s life
is in danger then all haram becomes
halal or vice versa except in two
situations:
a)
Jihad is wajib even if life is in
danger
b)
Killing another Muslim is haram even
if one’s own life is in danger.
Islam and
knowledge of fiqh are not the
necessary conditions for a person
for following the fiqh.
Hukm (Laws) are
of two types:
o
Hukme Takleefi
(regarding sawab or azaab)
o
Hukme Waz-ee
(regarding other characteristics
like right or wrong)
From Fiqh point of view, a girl
becomes baligh at the age of 9
Islamic years even if her monthly
period has not started. A boy
becomes baligh at the age of 15
Islamic years or at an earlier age
if he starts discharging semen
(Ehtelam) or pubic hairs appear
below his navel.
If a na-baligh child offers salat,
sawm etc, he will get the sawab of
these acts if he is of such age that
he can distinguish good from bad or
right from wrong (Mumaiyaz in
Arabic).
It is wajib on
wali (guardian) to stop na-baligh
children from certain major haram
things, which include Wine, Pork,
Haram Meat, Music, and Stealing.
When a non-shia
becomes shia, then he has to re-pay
zakat and fitra paid during the
period he was non-shia. Why?
Because in shia fiqh, the zakat and
fitra must go to poor shia.
However, he does not have to repeat
salat, saum, hajj etc performed
earlier.
When
a kafir becomes a Muslim, he does
not have to offer qaza of salat or
sawm missed during the period of
kufr. But he has to pay khums and
zakat on his previous year's
savings/items on the day he becomes
a Muslim.
On
the Day of Judgement, a kafir will
get punishment of not accepting
Islam, and also for not offering
salat, sawm etc during his period of
Kufr.
HISTORY & FIQH
Some knowledge of history is
essential to understand how our Holy
Imams (AS) propagated the knowledge
of Fiqh and also to understand the
philosophy/logic of some masail of
Fiqh.
Tonight (7th Zilhajj) is
the anniversary of shahadat of our 5th
Imam Muhammad Baqir AS (which
occurred in 114 hijri).
Open dissemination of Fiqh
knowledge was started by the 5th
Imam, who is also known by the title
BAQIRUL ULOOM.
Our 5th & 6th
Imams are known by a common title of
SADIQAIN.
The real benefits of martyrdom of
Karbala started appearing in the
time of the 5th Imam,
when people started enquiring openly
about real Islam and it’s laws.
The 5th & 6th
Imams established the first Hawzae
Ilmiya (Islamic University). They
also gave knowledge about the
established system of Taqleed and
Khums.
According to all Muslims (including
Wahabis), the best family lineage in
the world is family of our Holy
Prophet (SAW) through Bibi Fatima
(AS) and Imam Ali (AS).
Our 5th Imam has unique
distinction of having Masoom
grandfathers from father’s side as
well as from mother’s side. The
father of 5th Imam was
Imam Zainul Abideen (AS), the son of
Imam Husain (AS). The mother of 5th
Imam was Fatima, the daughter of
Imam Hasan (AS).
LAW OF ILZAM
(Qanoon-e-Ilzam)
In order to understand the topic
of Ijtihad and Taqleed, it is first
necessary to understand the law of
Ilzam in fiqh.
Law of Ilzam helps in solving
problems due to differences in
fatwas from different Mujtahids on
the same issue.
Law of Ilzam also solves problems
arising due to conflicting laws in
fiqh between Shia school of fiqh and
Sunni school of fiqh on the same
issue.
These laws were first explained by
our 5th Imam (AS).
According to the Law of Ilzam, if
a thing is incorrect (batil) in Shia
fiqh, but if the same thing is
considered correct according to
Sunni fiqh, then a shia can take a
benefit from it. This is best
explained by examples:
Example 1: Divorce Laws.
There are major differences in
divorce laws in shia and sunni fiqh.
Shia fiqh is very strict in divorce
laws (divorce formula must be
recited in Arabic, 2 witnesses must
be present and the woman must be
free from menstruation at the time
of divorce). In sunni fiqh, only the
recitation of word Talaq three times
is enough and other conditions are
not necessary. If a sunni gives
divorce to his wife according to
rule of his fiqh, then (according to
law of Ilzam), shia fiqh recognises
the divorce as valid and a shia is
allowed to marry such a divorced
woman.
Example 2: Inheritance
Laws. According to Quran, when
husband dies, his wife gets 25% of
his property if he had no children,
or 12.5% if he had children. The
property can be of 2 types: Movable
(clothes, house building, cash etc)
or Immovable (land of house, farm
land etc). In shia fiqh, a wife gets
a share only in movable property. In
sunni fiqh a wife will get share
from movable and immovable
properties. If a shia wife gets a
share from her sunni husband’s
immovable property, it is halal for
her even though it is incorrect in
her own fiqh.
Example 3: Jamaat Prayers.
In shia fiqh, the Imame Jamaat must
be a shia ithna asheri along with
other conditions such as being adil.
But if a sunni Imame jamaat is
leading salat according to his sunni
fiqh, then a shia can pray jamaat
behind such a sunni imam (he should
make a niyyat of jamaat and recite
suras himself too).
The same law of Ilzam applies to
differences in fatwas on fiqh by two
or more shia Mujtahids. Examples are
the differences in fatwas in moon
sighting laws, Taharat of Ahle Kitab
etc.