Nitham - Ch 7 - 14 - Submission 08
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Chapter 7: hokum sharia •
Speech of the Creator dictates mans actions. o Conclusively proven o Definitively proven
•
3 levels of knowing the ahkam o Mushjtahid – He who undertakes ijtihad (process of extracting ruling from quran, sunnah, ijtima al sahaba and qiyas.) o Muttabi – adopts ijtihad via understanding of evidence, o A3mmie – just follows an opinion without questioning.
Chapter 8: types of ahkam sharia •
5 categories that all rulings fall into o
Fard – obligatory
o Sunnah/mandoob/nafila – recommended o Mubah – neutral i.e. no haram or halal o Makruh – disliked o Haraam – not allowed. Chapter 9: Sunnah •
Linguistically means a method or path.
•
Sharie it means the prophet SAWS life
•
Can be a source for hokum sharie
•
Note: word can substitute for nafilah or mandoob
Chapter 10: Emulating the actions of the massager •
There are 2 kinds of actions preformed by the prophet (SAWS). These are:
1. Actions that are part of his nature such as the way he spoke, the way he walked, the growing of his hair etc. 2. Other actions (these are where we can take ahkam sharia from) o His actions can be mubah/neutral in nature e.g. growing his hair. o
Can be actions only for him or for all people;
Can be fard only for him and Mandoob for others e.g. night prayers.
Can be allowed for him and haram for the rest of the ummah. E.g. marry more than 4 wives or fast longer then a day consecutively
Chapter 11: Adopting divine Ahkam (ahkam shaira) •
The state should only adopt ahkam sharia on issues to do with the state specifically and should not adopt on ibadah even though it is allowed.
•
The adoption of ahkam are binging on the whole state
•
Even though a mushtahid can form his opinion he must follow that of the states.
Chapter 12: Constitution and canons •
These are nothing more than mere universal ways of formalizing a state and outlining it and its rules.
•
The Islamic constitution and canons are derived from ahkam sharie just as other constitutions and canons are a result of the ideology and its viewpoint.
•
The state should not adopt in matters of ibadah as it will disunite the ummah as it did in the past.
Chapter 14: Morals in Islam •
Islam does not teach morals rather morals are a byproduct of adhering to Islam.
•
Islam regulates all relations i.e. relationships between man and man or man and his creator and man and himself.
•
The call for morals is haram as islam is not a moral practice
•
Islam encourages ‘good morals’ in the form of ibadah
Speech of the Creator dictates mans actions. o Conclusively proven o Definitively proven
•
3 levels of knowing the ahkam o Mushjtahid – He who undertakes ijtihad (process of extracting ruling from quran, sunnah, ijtima al sahaba and qiyas.) o Muttabi – adopts ijtihad via understanding of evidence, o A3mmie – just follows an opinion without questioning.
Chapter 8: types of ahkam sharia •
5 categories that all rulings fall into o
Fard – obligatory
o Sunnah/mandoob/nafila – recommended o Mubah – neutral i.e. no haram or halal o Makruh – disliked o Haraam – not allowed. Chapter 9: Sunnah •
Linguistically means a method or path.
•
Sharie it means the prophet SAWS life
•
Can be a source for hokum sharie
•
Note: word can substitute for nafilah or mandoob
Chapter 10: Emulating the actions of the massager •
There are 2 kinds of actions preformed by the prophet (SAWS). These are:
1. Actions that are part of his nature such as the way he spoke, the way he walked, the growing of his hair etc. 2. Other actions (these are where we can take ahkam sharia from) o His actions can be mubah/neutral in nature e.g. growing his hair. o
Can be actions only for him or for all people;
Can be fard only for him and Mandoob for others e.g. night prayers.
Can be allowed for him and haram for the rest of the ummah. E.g. marry more than 4 wives or fast longer then a day consecutively
Chapter 11: Adopting divine Ahkam (ahkam shaira) •
The state should only adopt ahkam sharia on issues to do with the state specifically and should not adopt on ibadah even though it is allowed.
•
The adoption of ahkam are binging on the whole state
•
Even though a mushtahid can form his opinion he must follow that of the states.
Chapter 12: Constitution and canons •
These are nothing more than mere universal ways of formalizing a state and outlining it and its rules.
•
The Islamic constitution and canons are derived from ahkam sharie just as other constitutions and canons are a result of the ideology and its viewpoint.
•
The state should not adopt in matters of ibadah as it will disunite the ummah as it did in the past.
Chapter 14: Morals in Islam •
Islam does not teach morals rather morals are a byproduct of adhering to Islam.
•
Islam regulates all relations i.e. relationships between man and man or man and his creator and man and himself.
•
The call for morals is haram as islam is not a moral practice
•
Islam encourages ‘good morals’ in the form of ibadah
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