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Status of Fiqh?
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[quote]Assalam Alaykum, Thank you for the detailed reply. Sorry for replying late as I am busy with office work (deadlines :( ). I would like to point out my understanding: 1) By Fiqh I mean the laws. Or the methods to form the laws. I think (i am not sure though) that all these Imams had different approach. e.g. some gave more importance to Sunnah and others gave more Importance to Ahadith. 2) I understand your opinion on the status and meaning of Sunnah and Ahadith. And it seems very logical to me. (I believe in applying logic to religion and MashaAllah our religion is complete in that sense too) 3) Now my confusion is more related to certain laws which are not found in Quran and Sunnah but we get them from Narration which can have some doubt (even if its iota of doubt). E.g. lets take the example of stonning by death. I know the logic behind this punishment and i accept that. Also it has very strict conditions which are very unlikely to exist for this punishment to be executed. Now i am not sure about it but if we say that this law is know through ahadith. And Ahadith are not 100% reliable. But according to fiqh based on ahadith this punishment is allowed. ( I feel that punishments like these are allowed in Islam but not encouraged and it is upto Qazi to decide depending on situation). But if extreme punishments like these are only known by ahadith can these be established as law of the country? Is there a chance that a Qazi giving such punishment may be going beyond the allowed limits? This was my original question. Your answers are very nice and explaining. But can you elobrate further on the last point. "Is there a chance that a Qazi giving such punishment may be going beyond the allowed limits?"[/quote]
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