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Lecture 8

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McMaster University
Religious Studies
Liyakat Takim

Islamic law was out touched with reality Shari‟a- talk about values Fiqh- literally means to comprehend/jurisprudence DIFFERENCE BETWEEN SHARIA AND FIQAH; SHARIA- BASIC PRINCIPLES/LAW AND VALUES+TRADITIONS, WHILE FIQH- IS UNDERSTANDING THE WILL GOD; OR JURISPRUDENCE – IT IS THE HUMAN UNDERSTANDING SHARIA CANNOT CHANGE; FIQH MUST CHANGE AND WILL CHANGE AS TIME PROGRESSES THERE WAS CHAOS… BITCH Sunni‟s authenticated these books of codified hadith; named after those who wrote it  Bukhari o collected 6,000 traditions o but he took out those that were redundant and weak  Muslim Shafi‟- died  he saw the problem- there was too much chaos and disputation  tried to establish a system; where the law could be derived based on certain principles  he created a new science- usul al fiqh- principles of Islamic law  basically law out ways to derive the law; especially when it was silent on the issue  he said the first source of law was the Quran  there was certain verses in the Quran that do not agree with one another  some for one circumstance; while others are universal  there is sometimes two laws/verses on a particular issue- at one point a waiting period it (1) year but there is another verse that says 4 months and 10 days o this is in the Quran o Shafi‟ says to take the newer verse – naskh- abrogation o shows progression in Islamic law  1-LAID OUT THE PRINCIPLES OF THE QURAN  2-HE RECOGNIZED THERE WAS A PROBLEM WITH THE SUNNA; o he emphasized that; to obey the god and the prophet o how do we know what the prophet did; - it is through hadith- it is transcribed (sunna-> hadith)  Isnad- we need to know who is reporting it and how reliable is that one person; an dhow do we know it is authenticated  chain of transition  you need to look art each and every person in that transition  new science arose- ilm al rijal which means the science of man, the science of transmitters (X, Y AND y met the prophet) chain of events in other words Isnad  you need to look at the content of the traditions  based on this – shafi was able to remove those traditions that were weak  even if the person is legitimate; you gotta use reasoning  Sahih; chain of transition  da‟if- meaning weak  Matn; is the content of the issue- who reported it  3-ijma; means consensus and the meaning of the scholars; if you cannot find a solution in the quran or the hadith; then look to the third source o it is highly problematic due to the different o the law is not uniformed  agreement of the scholars; if the community agrees- then it would be constituted as binding  the community agrees that Muslims should pray  4- Qiyas – seeking something in the „middle‟  systematize; put Islamic law in a system Islamic Mysticism  from the beginning Muslims have always wondered about rituals  what is the intention that I am preforming this act to get closer to god- the ritual should lead you closer to god; you do not have to pronounce it- just need to have in mind that you
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