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Fiqh al Waaqi

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#1 [Permalink] Posted on 10th October 2014 15:26

(salaam)

FIQH AL-WAAQI'

This is a term I had come across many many years ago and understand it for what it is, however, I am trrying to find a definition for this if there is one in Deobandi (terminollogy) unless they use the same term too. Here is the Salafi understanding

There are many issues on which our Ulama are presenting evidence from Quran and Sunnah and rightfully so, but there are or have been certain Fatwa's that are old or not suitable for certain areas. A very basic example is that it was not allowed for us to wear over coats as it wasn't from the Sunnah. However, after feeling the chill, the fatwa changed - Why? Because of Fiqh al-Waaqi.

Anyone able to shed more light on this will be appreciated.

جزاك الله خيرا

Consider it a continuation of the following thread(s)

www.muftisays.com/forums/14-peoples-say/9023-to-fatwa-or-...

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#2 [Permalink] Posted on 10th October 2014 15:30
Well, don't be deceived. At the glorious era of the Deobandi seminary (time of the big elders) everything was Fiqh al-Waaqi' at it's best, if they called like that or something else doesn't matter. But the efforts and rulings our elders gave were totally in line with their circumstances and the prevailing conditions. It's only our generation that has not been able to apply their teachings to our conditions at all times. Wallahu 'Alam.
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#3 [Permalink] Posted on 10th October 2014 15:39
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But the efforts and rulings our elders gave were totally in line with their circumstances and the prevailing conditions. It's only our generation that has not been able to apply their teachings to our conditions at all times.


Jazakallah. This is precisely what I mean. Our elders were able to pass rulings with great accuracy that were suited for their needs and are still suited for our needs. But today, many are taking the same rulings and using them in relation to the 21st century.

Please don't get me wrong, there have been many advances since the great scholars drew the lines. Times have changed and we have had to adapt to the changes and accept them (somewhat).
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#4 [Permalink] Posted on 10th October 2014 15:50
I'm not very learned and could be totally wrong, but maybe it's time for scholars of our generation to pay more attention to the usul and parameters laid out by our illustrious Deobandi elders than the furu'i Masa'il. If our generation comes to an outcome differing from their ruling while strictly abiding to their guidelines (and thus basicly to that of Ahlus Sunnah wal Jama'ah), I think it should be understood to be in line with the teachings of our elders and not viewed as opposed to them. By the way, the number of rulings which would eventually change due to our new conditions are minimal. There's no need to review the whole religion. Also, our generation should not feel shy in anyway to attach themselves to these blessed individuals. It seems like many of our young Ulema feel shy and avoid mentioning the legacy they actually benefitted from.

Just as an example: Many new DU graduates study Hadith under direct students of Shaykh al-Islam Hadhrat Mawlana Ahmad Husain Madani (rahmatullah alayh), but will have very little attachment or even knowledge about Hadhrat Madani sahab. Although in Hadhrat Madani's life lies a lot of inspiration even for Muslims in our times and in West.

I hope I make any sense... I guess I should leave these discussions to the more learned, but these are only my two cents.
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#5 [Permalink] Posted on 10th October 2014 16:00
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By the way, the number of rulings which would eventually change due to our new conditions are minimal. There's no need to review the whole religion.


100% Accurate. They would be minimal. Only problem is that these very minute issues are now being taken into/out of context and being used almost with force against those who hold a differing opinion.

Khair, let's leave it to the Ulama. I just wanted to make a point of the possibilities and I believe that has been done.

جزاك الله خيرا
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