Nitham - Ch 7 - 14 - Submission 03

Chapter 7 • Hukum shar`I is the speech of the legislator related to the actions of the servants. • The hokum can either be decisive or indecisive. • Decisive text = Decisive in transition + Decisive in meaning • Decisive in transmition (qat`I dhuboot) = Quran or Hadith mutawatir • Hokum shar`I is what the mujtahid derives and it becomes obligatory for him to follow. • A muqallid must follw one Mujtahid in an issue. Chapter 10 • There are two kinds of actions that are performed by the Prophet (saw) o Actions that form part of his nature (like sitting, standing etc..) o Actions that are not part of his nature • Those that form part of his nature are mubah • There are actions that are specific to him(saw), like marrying more than 4. Here no one is allowed to emulate the Prophet(saw) • All else we must follow according to the level he instructed the Ummah (either wujoob, recommendations, mubah) • Those acts that are not accompanied by affirmation or negatition are mubah if the intention is qurbah (closeness to Allah(swt). Chapter 12 • Canon are the group of principals which the ruler obliges the people to enact in their relationships. • Constitution is the basic law (general). It outlines the shape of the state and its ruling system, explains the limits and functions of every authority. • Constitution and canon are foreign technical terms that can be used as they do not contradict the terminology of the Muslims. • Islamic Constitution is based upon the Quran and Sunnah. • Other constitutions are based upon institutions set up and sourced by humans e.g. courts udges, history, norms etc… • A constitution should not be a comprehensive Islamic constitution unless Mujtahideen are lacking and the level of Islam in the Ummah is low. • Any effective constitution should state all the evidence and/or mathhab that it was obtained from.