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Principles Of Hanafi Fiqh

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#61 [Permalink] Posted on 11th October 2012 10:11
The Proof for the Prohibition of Iltizaam-e-I`tiqaadi


The proof for this appears in the Qur`aan Majeed, Sunnat and Kitaabs of Fiqh:

As for The Kitaab, the statement of Allaah Ta`ala, "Do not make Haraam the pure things which Allaah had made Halaal for you, and do not exceed the bounds", together with its sabab-e-nuzool (reason of revelation).

As for the Sunnat, is the Hadith of Ibn Mas`ood (رضي الله عنه) where people only turn to their right side (after Salaat).

And as for Fiqh, as they have mentioned the abomination of stipulating and fixing a specific Surah.

And Allaah Ta`ala knows best. [page 470]


[The Principles And Codes Of Law In Hanafi Fiqh, Moulana Ashraf Ali Tahaanwi رحمه الله]
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#62 [Permalink] Posted on 15th October 2012 10:46
The Difference Between Iltizaam (Making Necessary) And Dawaam (Perpetuity)


Dawaam is one thing and Iltizaam another. With dawaam, one's beliefs and making the matter obligatory does not feature throughout one's life. With Iltizaam, one's beliefs are attached to the act and one doggedly persists on practicing it. A sign of this is when the non-participants (in this particular act) are censured and rebuked.

[The Principles And Codes Of Law In Hanafi Fiqh, Moulana Ashraf Ali Tahaanwi رحمه الله]
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#63 [Permalink] Posted on 22nd October 2012 10:19
The Discussion On Customs And The Definition Of Rasm (Customs)


A rasm is not only that which is attached to wedding ceremonies and other functions and celebrations. In fact, to render any unnecessary thing necessary is called a rasm. Whether it may be regarding a function/ceremony or an everyday occurrence. [Kamaalaat Ashrafiyya, page 325]

[The Principles And Codes Of Law In Hanafi Fiqh, Moulana Ashraf Ali Tahaanwi رحمه الله]
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#64 [Permalink] Posted on 29th October 2012 09:11
The Ruling Regarding Rasm and Iltizaam in Worldly Matters


The meaning of iltizaam is not merely making something necessary upon oneself, in fact, it is to deem as a fault and censurable to leave it (the particular act) out. It is clear that this falls under exceeding the limits of the Shariah. This prohibition is confirmed in the nusoos by the words (do not exceed the bounds). Iltizaam is the established sabab of this exceeding, hence this is also prohibited. Another objective of this excessiveness is show and pride, whose prohibition is mansoos, just as the clothing worn for show has been prohibited. [Imdaadul Fataawa, page 330, vol. 5]

[The Principles And Codes Of Law In Hanafi Fiqh, Moulana Ashraf Ali Tahaanwi رحمه الله]
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#65 [Permalink] Posted on 8th November 2012 09:39
The Yardstick Between a Rasm and a non-Rasm


When there is no intention of a rasm nor is it executed in the manner of those who practice rasm, then it is not a rasm, neither haqeeqatan nor sooratan. This is the yardstick to distinguish the difference. [Imdaadul Fataawa, page 571, vol. 4]

[The Principles And Codes Of Law In Hanafi Fiqh, Moulana Ashraf Ali Tahanwi رحمه الله]
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#66 [Permalink] Posted on 30th November 2012 09:59
The Prohibition Of Excessiveness In Deen


There is no consent from the Shariah to exercise excessiveness in the Deen. It is mentioned in the Qur`aan Majeed, "O people of the Book, Do not be extreme in your Deen" and "Do not make Haraam that which Allaah had made Halaal".

It is stated in one Hadith that three persons presented themselves at the home of Nabi (صلى الله عليه وسلم) and enquired from some of his pure wives regarding his blessed lifestyle. When they were informed, they exclaimed, "How can we ever compare ourselves to Nabi (صلى الله عليه وسلم), when all his sins, past and future and all his mistakes are forgiven. When will we ever attain this blessing? It is therefore necessary that we strive earnestly and make great mujaahadah." One of them said that he will not make Nikah, the other said that he will make so much of ibaadat that he will not sleep and the last said he will keep continuous fast and not make iftaar. When Nabi (صلى الله عليه وسلم) returned home, he was informed regarding these three persons and he disliked their attitude. He exclaimed, "Remember! I also sleep and I keep awake, I make Nikah, eat and fast. Understand well that this is my way and the person who does not follow my way, does not have any connection to me."

Just look what a stern warning Nabi (صلى الله عليه وسلم) sounded for those who intended excessiveness in Deen, that he expelled them from having any connection to him.

Similarly, there is another incident where Nabi (صلى الله عليه وسلم) entered the Musjid and saw a rope hanging between two pillars. Nabi (صلى الله عليه وسلم) enquired about it and the Sahaabah (رضي الله عنهم) replied that it was the rope of Hadhrat Zainab (رضي الله عنها), who used it to lean on when she became excessively tired from performing Nafl Salaat. Upon hearing this, Nabi (صلى الله عليه وسلم) immediately had the rope removed and said that the soul should not be subjected to such severity. He said that if sleep overcomes you, then sleep, and when you are refreshed, then continue with whatever work you are doing. This is the Shariah. The Fuqahaa have understood the Aayat and the Ahaadeeth well.


[The Principles And Codes Of Law In Hanafi Fiqh, Moulana Ashraf Ali Tahaanwi رحمه الله]

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#67 [Permalink] Posted on 7th December 2012 09:34
The Two Levels Of Permissibility


Permissibility has two levels. The one refers to those acts which are permitted, and they have no importance in the Deen and acts of obedience, like treatment for illnesses or leaving it out. The second level refers to those which have some relationship to Deen and acts of obedience.

Its recognition is that it has been given importance and encouragement in Deen, like Nikah, whose emphasis has been reported (in the Hadith) and abandoning it without valid cause has been warned against. This is clear proof that it is part of ibaadat and obedience. [Imdaadul fataawa, page 270, vol. 2]


[The Principles And Codes Of Law In Hanafi Fiqh, Moulana Ashraf Ali Tahaanwi رحمه الله]
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#68 [Permalink] Posted on 10th December 2012 09:16
Chapter 7: Discussion On Usools: Part 1:

The Discussion On Urf (Common Law) And Riwaaj (Customs)

The Basis Of Adab (Etiquette) Is Urf


Etiquette is based on common law (general practice of the society). That is the reason why it changes with the changing of times. (An occasional) Humour in the relationship between Nabi صلى الله عليه وسلم and the Sahaabah رضي الله عنهم has been established, however nowadays it is regarded as unethical and against proper etiquette to be humorous with a buzrug (pious person). [Anfaas Isa, page 48]

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#69 [Permalink] Posted on 28th January 2013 08:56
It is impermissible, based on urf to call a father 'barkhudaar' (lad / one who enjoys a prosperous life)


It is permissible for a father to benefit and enjoy from his son's wealth. However it is not permissible for the son to start referring to his father as barkhudaar. Although the meaning and import may be the same and not necessarily derogatory, but since this term is generally used to describe a son, it will be impermissible according to the urf to use it to refer to the father. It will be deemed unrespectable. [Ifaadaat, page 150, vol. 10]

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#70 [Permalink] Posted on 1st February 2013 08:56
Instead of Shukr (expressing thanks), or saying Jazaakallah, to say Tasleem


If someone is given something, then the recipient, if he is younger, says "Tasleem" as a form of gratitude, because sometimes the elders deem it disrespectful if they are told "Jazaakallah", and also to say "Tasleem" instead of "Assalaamualaikum" is contrary to the Sunnat, so what should one do?

The usage of the term 'Tasleem' does not imply salaam, in fact, it is a form of terminology which is used instead of shukriya (expressing thanks), and there appears to be no harm in it. To say 'Assalaamualaikum' on such occasions would be out of context, anyway. [Da`wat Abdiyat, page 152, vol. 19]


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#71 [Permalink] Posted on 15th February 2013 09:10
Based On Urf, Habits Also Hold The Rank Of Being Sha'aa'ir Islaam (Signs Of Islaam)


A person raised an objection against Moulana Khalil Ahmad Sahib رحمه الله because he issued a fatwa stating that slaughtering a cow is amongst the Shi`aar of Islaam, whereas this is merely amongst the `Aadaat (common habits). Moulana Sahib replied that why in the Hadith in Saheehain, "He who performs Salaat like us, and faces our qiblah and eats our sacrifices..." does the part 'eats our sacrifices' appear? This proves that some Aadaat also become shi`aar of Islaam owing to certain factors. [Da`wat Abdiyat, page 100]

[The Principles And Codes Of Law In Hanafi Fiqh, Moulana Ashraf Ali Tahaanwi رحمه الله]
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