What Is Fiqh?

Fiqh is the understanding and comprehending of the object of nusoos (text). This is something which Allaah Ta'ala had bestowed the pious predecessors with. Imaam Abu Hanifah, Imaam Shaafi (rahmatullah alaihima), etc. were Imaams because of their deep understanding of this knowledge. All the Aimmah-e- Mujtahiddeen excel in this quality and field of knowledge. None (in present times) can ever match them. The question of who is the best of them all should never arise. This discussion should never emerge from our mouths. We are not qualified to grade the Aimmah-e- Mujtahiddeen, because it is beyond our limitations. Secondly, we do not know the proper limits and in lauding the one we are bound to degrade the others.

The Definition Of Fiqh

Imaam Sahib (rahmatullah alayh) has defined Fiqh as follows: “The recognition of the soul (insofar as its objective in life and its journey to Aakhirah).” This is a general definition which encompasses both the external (zaahiri) and internal (baatini). What is then the difference between tasawwuf and fiqh? The predecessors used to combine fiqh and tasawwuf. Amongst the salf, fiqh was not only the knowledge of the zaahiri (external factors), in fact, it was the combination of both the zaahiri and baatini knowledge. This included tasawwuf as well.

The Reality Of Tafaqquh-fi-Deen (In-Depth Understanding In Deen)

Tafaqquh-fi-Deen (understanding in Deen) is not merely the literal understanding of the words (in the kitaabs). The kuffaar also understand written words. So if the mere understanding would be Tafaqquh then the kuffaar would also be amongst the Ahle Khair (chosen, good people). The real meaning of Tafaqquh-fi-Deen is that together with understanding the literal import of the words, it is the recognition of its reality, as well. There are many amongst the Hanafi scholars who qualify. [ibid. page 387, vol.4]

Fiqh Is Amongst The Most Difficult And Delicate From The Other Faculties And Sciences (Of Deen)

Moulana Ashraf Ali Thaanwi (rahmatullah alayh) says that in his opinion, the science of Fiqh is the most difficult. He also humbly states that he does not have much compatibility with this science. He says it renders him helpless. [Majaalis Hakimul Ummat, page 330]

The science of Fiqh is very profound. This is the reason why I do not encourage or compel any student to study other Fiqh kitaabs besides those of the Hanafi Fiqh. [Ashraful Ma`moolaat, page 9]

The science of Fiqh is very subtle. I don’t fear anything more than when a ruling or mas`alah is presented before me (to solve or give a ruling). Many thoughts and possibilities conjure up in my mind. This is the reason why nowadays I refer fatwas to others. Some people are more daring in it (i.e. issuing fatwas), whereas there has to be extreme caution in this. [Al-Ifaadhaatul Yoymiya, page 299, vol.8]

Fiqh Is Not The Mere Superficial Reading Of Kitaabs

Fiqh would not be defined as the mere superficial perusing of kitaabs. Fiqh is a celestial light (noor) which subsists in the heart. It is the blessing of this that the holder thereof gains an understanding of Deen. It is this very noor which Allah Ta`ala sometimes snatches away. This is something which is not in the control of man. Now, you can read and study thousands of kitaabs, but because you have no understanding of the Deen, you will never become a Faqeeh.

This noor of fiqh increases with obedience and wanes with sin. That ‘Faqeeh’ who is not obedient or pious, is a Faqeeh of the kitaabs(and not of the Deen). He is not a haqeeqi (real) Faqeeh and is not included in the class of fuqaha regarding whom Nabi (sallallahu alayhi wasallam) gave glad tidings.

And since we are aware that fiqh is the understanding of the Deen, what doubt can there now be that a Faqeeh is also a soofi. All our Fuqaha, as many as there were, were all Sahib-e-Nisbat and Sahib-e-Ma`rifat (i.e. Walis who followed the Path of Tareeqat). The proper and total understanding of the Deen cannot be acquired without nisbat and ma`rifat. This is the reason why it has been mentioned regarding the Fuqaha, “One Faqeeh is harder on shaitaan than a thousand `aabids.” The person who understands the Deen well, will be privy to the deceptions and ploys of shaitaan. He will not allow a single trick to entrap him. As for the unlearned `aabid, shaitaan can manoeuvre and manipulate him as he pleases. [At Tableeghul Hajil Mabroor, page 138, vol.2]

The Rank And Acceptance Of The Fuqahaa

The truth of the matter is that the rank and status of the Fuqahaa is the highest, because they have understood and recognised the specialities and meanings of the Deen, contrary to the Hukama, whose knowledge and specialities are only limited to the external body. [Majaalis Hakimul Ummat, page 197, vol. 2]

I always maintain that there are two groups that protect and safeguard the Deen,
1. The Fuqahaa and
2. The Soofiya.

The existence of the Fuqahaa is a great boon and blessing to the Muslim Ummat.

The Ulama have written that no person knows his status by Allaah Ta`ala, as to whether Allaah Ta'ala intends good for him or not, besides the Fuqahaa. Because it is stated in the Hadith, “That person for whom Allaah intends good, He grants him understanding (fiqh) in Deen.”

Someone saw Imaam Muhammad (rahmatullah alayh) in his dream, after his demise and asked him what transpired with him. He replied that when he was presented before Allaah Rabbul Izzat, then Allaah Ta'ala asked him, “O Muhammad! Ask whatever you wish for.” He responded, “Forgive me.” He was told, “If We had not intended forgiveness for you, We would not have blessed you with the knowledge of Fiqh. We have granted you the knowledge of Fiqh because We desired forgiveness for you.” However this does not necessitate safety from any reckoning.

It does not mean that there is absolutely no fear of an evil death for a Faqeeh. One should not sit contented with this hope, because if Allaah Ta'ala intends punishment, then He will merely snatch away this knowledge. [Alhajjul Mabroor, page 138, vol.2]

It Is Impermissible To Make Any Criticism On A Mujtahid By Means Of Usool-e-Fiqh

To avoid Ikhtilaaf is difficult. People have formulated laws and rules for its codification (Usool-e-Fiqh), but these laws are not allencompassing. The example of this is like the laws of Arabic grammar, where the laws have been formulated in order to dissect and understand the formation of sentences. This knowledge is very beneficial. The reason for this codification was not so that the people who speak the language adhere to these grammar laws, or that all aspects have been totally encompassed. These laws were formulated for the benefit of the non-Arabic speaking people, to assist them in understanding the language and to be able to converse with the Arabs. Hence, if any type of speech is found amongst the Arab-speaking and this is not listed in the laws of grammar, then it will not be said that this speech is incorrect and the people speaking it are wrong, rather it will be averred that the laws of Arabic grammar which we know are deficient in that it did not encompass this part.

Similarly, it would not be correct to hold a Mujtahid to the Usools of Fiqh. In fact, it may sometimes occur that a statement or ruling of a Mujtahid does not conform to the Usools, in which case we may say that the Usools of Fiqh are deficient. Thereafter, it will be said with difficulty that the Mujtahid did not have any (concrete) proof for his ruling. [Husn Azeez, page 47 and 354]

The Status And Ranking Of Usool-e-Fiqh

To prefer one nass over another in cases where they are conflicting, is the forte of the Mujtahiddeen. As for the Usools of Fiqh which are listed in the various kutub, these were non-existent (in this form) during the era of the Mujtahiddeen. The latter Ulama had in fact, extracted these from the various rulings of the Mujtahiddeen, in order to save this Ummat from mischief and confusion. This was done so that not anyone can have free reign in making Ijtihaad. Hence, it is as if these Usools are the result and consequence of the various Masaa`il, (i.e. they originate from them), and the Masaa`il do not branch out from the Usools. Also, to codify from them is simpler. [Al-Kalaamul Hasan, page 123]

The Difference Between The Usools Of The Earlier Mujtahiddeen And The Latter

One speciality of the Mujtahiddeen is that they would extract such Usools from the Nusoos which could not be disputed or argued away. Whereas those Usools which the latter Ulama have extracted from the definitions of the Mujtahiddeen can be broken up. [Kalaamul Hasan, page 46]

If There Is Any Doubt In The Masaa`il Enumerated By The Mujtahiddeen, Then We Are Not Responsible For It

If there is any doubt or uncertainty in a Mas`alah, then it is not our responsibility to respond or give a reply to it, because we have not formulated the Masaa`il. Like for example, if there is a doubt or misgiving in any law (of a country), then the solution and answer for it is to be given by the Law-Makers of the country, and not the judge or lawyer. [Tarbiyatus Saalik, page13, vol. 1]

The Ruling Regarding The Proclaimed Laws Of The Fuqahaa

If we realise that a ruling or part thereof is contrary to a clear, unambiguous mansoos (divine text), then it will be abandoned. This is not contrary to Taqleed. There were some occasions where the statements of Imaam Sahib were discarded. Yes, if the Hadith has several possibilities (of meanings and practice), we will adopt the practice of the Mujtahid.

In fact, if Imaam Sahib were around, and if it were asked of him, then too, he would advise the same. Hence, it is as though in this abandonment there is obedience. [Al-Kalaamul Hasan, page 65]

The Sufiya do not have the trait of accommodating and catering for the (welfare of the) general public, therefore (with them) many actions pass off as permissible. Whereas, the Fuqahaa have the quality of catering for the general public, hence there are many such actions which may be permissible or even advisable, but because there is a fear of the masses falling into deviation because of it, it is prohibited from. This is the reason why the Fuqahaa have placed a blanket prohibition on Simaa`. [Al-Kalaamul Hasan, page 16]

The Difference Between The Fuqahaa And Muhadditheen

The objective of the Muhadditheen is to narrate (Ahaadith) whereas the Fuqahaa delve into its understanding and import. For example,according to the Muhadditheen, singing is permissible without instruments, because of a technical connotation in the Hadith, whereas, the Fuqahaa opine that singing, even without instruments is impermissible, because they understand the illat (reason/cause for prohibition in Hadith). The illat for this prohibition is fear or fitnah, and this same illat is present in singing as it is in the instruments. The Muhadditheen do not delve further than the literal and external content of the narrations, whereas the Fuqahaa, investigate and probe to the objective and import of the narrations. [Hasnul Azeez, page 345, vol. 4]

The Rank And Status Of The Fuqahaa And Muhaqqiqeen

The Faqeeh is supposed to be an embodiment of many traits. He is a Faqeeh, a Muhaddith, a Mutakallim (expert in Ilm Kalam), he should also have a political mind, in fact, sometimes, there is a need for medical expertise as well, because occasionally there is a need to explain and dilate on such matters.

The sight of a Muhaqqiq should be very deep. He should stick to the reality and not become involved in vain and useless matters. This was also the quality and trait of the Sahaabah (radhiallahu anhum). [Hasnul Azeez, page 362, vol. 4]

The quality and attribute of the Muhaqqiq should also be that he understands the reality (of matters). There are many sides to the reality (of anything). The encompassing of every side and aspect is the speciality of Allaah Ta'ala. Every aspect has to be studied individually, because there is no uniformity between them. An indepth understanding is realised when he dislikes using large descriptive words for other Muhaqqiqeen. The differences amongst the Aimmah-e-Mujtahideen are of this calibre. Another trait of a Muhaqqiq is that he abstains from vain and frivolous discussions. He does not engage in (intellectual) discussions with a non- Muhaqqiq or a person with a dense mind. In fact if any discussion with an inane person commences, then he quickly maintains silence. This is regarded as a sign of defeat by the masses. The reason for this silence is not that the Muhaqqiq has no proof to present, but the fact of the matter is that this type of (intellectual) discussion is difficult for the thick-skulled person to comprehend. [Hisnul Azeez, page 347, vol. 4]

The Comparison Between The Fuqahaa And Us

The Fuqahaa also explains his proofs and codes of law with regard to his research, but the example of these proofs are like the eyes. His walking is not dependant on a walking-stick. Allaah Ta'ala has blessed the Fuqahaa with ‘eyes’, which is the instrument of Ijtihaad. They are not in need of the walking-sticks, but we are. Our example is like that of the blind person, whose entire trust and reliance is on the stick. If he walks without the stick, the he will fall into a ditch. [Al-Ifaadhaat, page 73, vol. 1]

Some things are (attained) intuition and flair (zawq). Someone asked how is true zawq acquired, the reply was that it is acquired by the company of the Ahle Zawq. [Al-Ifaadhaat, page 174, vol. 1]

[The Principles And Codes Of Law In Hanafi Fiqh, Moulana Ashraf Ali Thaanwi rahmatullaahi 'alaih]

» Posted by Seifeddine-M on 24th October 2011

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