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farhanmalik
PAKISTAN
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 Topic initiated on Wednesday, November 11, 2009 - 1:40 PM 
Some questions....
I have read the course material and would like some more elaboration.
1. Kindly explain in a bit more detail how Sunnah does not entail the interpretation of the Quran?
2. Why is there no mention of the Living Sunnah which to me means "The Ijtehad and Ijma" on matters of Jurisprudence and other sciences in the course?
3.Can only the prophet Muhammad (PBUH) formulate the Sunnah and no one else? What about the four schools of thought or the present scholars or any scholars that have come in the last 1400 years?
4.Does the Sunnah explained by the course not include the current Ijtehad and Ijma which the the reformist student would think formulates new laws according to new issues of society or reformulation of old laws that are irrelevant?
5. If you don''t mind can I keep asking more questions on the subject in this forum? |
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ibrahim
Moderator
PAKISTAN
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 Posted - Friday, November 13, 2009 - 11:40 AM 
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farhanmalik
PAKISTAN
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Posted - Friday, November 13, 2009 - 9:32 PM
Thank you so much for answering.
To the extent the difference between Sunnah and Hadith is concerned I am fairly satisfied with the explanation in the course, articles and the queries. What I still would like to inquire about more is the process of making new decisions for instance in case of the change in the rates of Gold and silver the Zakat must be changed as the mechanics of economics have propelled the world to new heights. And to think that the same level of the tax is applicable is at best absurd (my opinion)to me. Hence a new Ijtehad and Ijma process must be undertaken to reformulate the law in this case. Or in case of Inheritance Law I personally think we need to change the so called sunni law as I know for a fact most sunni families profess to be shia when it comes to inheritance issues in my country thus committing blasphemy. In my humble opinion the definition of family direly needs a change to which I have a whole argument in my mind. In this case I personally believe if the process of Ijtehad and Ijma is reestablished we can work wonders. So my question is, this process of Ijtehad and Ijma which was closed by Imam Shafi, which current modernist referred to as the "Living Sunnah"(which apparently is not the sunnah referred by religious definitions) What do you people call it? Do you believe in this process? If yes please can you elaborate. |
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farhanmalik
PAKISTAN
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Posted - Monday, November 16, 2009 - 9:56 PM
Well!!! I was hoping someone would answer me. I guess I might as well keep waiting a bit longer?
Just two questions needing vewy small answers
Concerning the process of Ijtehad and Ijma,
1.What do you people call it if not "Sunnah"?
2. Do you believe in this process which was closed by Imam Shafii? |
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StudentAffairs
UNITED KINGDOM
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Posted - Wednesday, November 18, 2009 - 12:38 PM
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ibrahim
Moderator
PAKISTAN
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Posted - Friday, November 20, 2009 - 11:52 AM
mam ! excuse me for a delayed response.
Sorry brother to you as well. ur Qs looks simple but they r not too simple
However i'll try my best to reply u in couple of days
thanks
&
regards |
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farhanmalik
PAKISTAN
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Posted - Sunday, November 22, 2009 - 8:17 PM
| Thanks for the acknowledgment I'll wait... |
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ibrahim
Moderator
PAKISTAN
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Posted - Friday, November 27, 2009 - 3:09 AM
Sorry for keep u waiting for a long time. here r my responses to your 1st post one by one:
1. Kindly explain in a bit more detail how Sunnah does not entail the interpretation of the Quran?
A) As Sunnah is the practical part of the religion, therefore it cannot entail the interpretation of the Quran. Pl concentrate on the Defination of Sunnah & the principles for determing it once again more carefully once again.
2. Why is there no mention of the Living Sunnah which to me means "The Ijtehad and Ijma" on matters of Jurisprudence and other sciences in the course?
A) Well, u r mixing many things here. pl note that Sources of religion are only two; the Holy Quran & the Sunnah of Holy Prophet PBUH. That's where we find the God-Given Laws that are entititled as His unchanged Shari'ah.
Ijma' & Twatur is the process thru which we've rcvd this Shari'ah via transmission of Quran & Sunnah.
Ijtihad is done in those matters where guidence of Sharia is either not present or not sufficient.
3.Can only the prophet Muhammad (PBUH) formulate the Sunnah and no one else? What about the four schools of thought or the present scholars or any scholars that have come in the last 1400 years?
A) Sunnah is formulated by Prophets only. The present Sunnah's origin is Prophet Ibrahim PBUH. But for us Sunnah or Deen is only that thing that our beloved & last Prophet muhammad PBUH has declared or confirmed as Sunnah & Deen.
The work of all Scholars of Past, Present & Future has the status of a personal opinion based on their understandings of the Quran & Sunnah or their Ijtihads. These works are very important for us. Every time we'll see any part of their great work, we'll accept or reject it on the basis of reasoning. We'll see on what grounds they've said what. If that will be acceprtable for anyone he/she will take it otherwise will leave it. There is no harm in taking one opinion of one scholar & the other from 2nd & another from 3rd & so on so forth unless the criteria is the reasoning based on Quran & Sunnah.
4.Does the Sunnah explained by the course not include the current Ijtehad and Ijma which the reformist student would think formulates new laws according to new issues of society or reformulation of old laws that are irrelevant?
A) yes it doesn't include that & I'm sure that its reason would have been understood from my above explanation.
5. If you don''t mind can I keep asking more questions on the subject in this forum?
A) yes of course but pl keep two things in the ming regarding that: (i) Pl ask one Q at a time & (ii) Pl sjow some patience too for the Answer.
Thanks & regards |
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farhanmalik
PAKISTAN
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Posted - Friday, November 27, 2009 - 10:12 AM
First of all thank you for answering. Second don't worry I have a lot of patience if I know the answer is forthcoming. Third I assure you I'll stick to asking one question at a time.
So my "One" question now is,
As you said that Ijtihad is done in those matters where guidance of Sharia is either not present or not sufficient can you give me an example. For example can it be taken up on the issue of inheritance as I mentioned above?
Please take you time in answering I am in no hurry. If it appeared as if I was in a hurry that was probably misunderstood. |
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ibrahim
Moderator
PAKISTAN
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Posted - Monday, November 30, 2009 - 9:01 AM
You are welcome
I don't know what Ijtihad according to you is needed in the issue of inheritance. pl elaboarte.
Some of The examples of the areas that need an ijtihad is like praying in an Aeroplane or case of fasting in the journey by the drivers who remain in the journey for most of the day & night etc.
Sorry the delay was due to Eid Holidays. Jzakallah for showing the patience. You know as a nation we lack in it. |
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farhanmalik
PAKISTAN
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Posted - Monday, November 30, 2009 - 9:33 PM
| In case of inheritance what I meant was the fact that nowadays we have a nuclear family and the father usually wants to leave his wealth to his children rather than brothers and sisters of his own who have their own sources of income. In particular what about the father who has daughters only, why should his wealth go to others rather than his own children considering the fact he personally wants to bequeath his wealth to his daughters only. If such a father dies without making a will then will his daughters get his wealth or the deceased father's brothers and sisters will be rejoicing their newly found source of wealth? |
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ibrahim
Moderator
PAKISTAN
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Posted - Sunday, December 6, 2009 - 9:07 AM
hmmm bro you need to read or even listen some material. pl visit or contact 51-K, model town, lahore 042-3585-7528&29
or check www.al-mawrid.org or http://www.monthly-renaissance.com/search.aspx?srch=inheritance
in short pl note the following points:
1) at 1st parents' & life partenrs' shares be given
2) the remaining wealth be divided in all kids & a son's share be double of a daughter.
in case of daughter's only:
i) if there's only one daughter then only half of the wealth is her share &
ii) if there are 2 or more daughters then 2/3rd of the total be divided equally in them.
iii) the remaining wealth can be given to the needy daughters by will OR a near relative of the dead person must be nominated in the will for it. otherwise the nearest person can be given this part.
Last but not the least, wealth can always be give to any or all kids in the life. Allah's order of division is applicable on that money only that is left behind.
I hope that it helps you a little. |
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farhanmalik
PAKISTAN
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Posted - Tuesday, December 8, 2009 - 7:19 PM
Consider this,
If a family loses their father assuming,
1. The family including the father and three daughters live in a separate home with an independent income from their other family.
2. The other family includes the brothers and sisters of the father whose income is independent from the family mentioned in point 1.
3. Assume the the parents of the father and his wife are dead.
4. Assume the father dies before making any divisions in wealth.
Keep in mind the income of the 'siblings of the father' and the income of 'the father and his daughters' are completely independent for the past as well as the future.
Now according to sunni law the wealth is to be divided among the daughters and the siblings of the father.
Can a scholar do an Ijtehad on the matter of inheritance such that the wealth remains with the daughters only?
I say that because I believe the definition of family has changed from Muhammad's time till now. Nowadays families live separately and the incomes of families are very much independent from each other unlike the people in Muhammads time when families were joint families.
I believe the process of Ijtehad would have made this possible but since we live in an era of Taqleed, thinking of such a process is liable to afford a fatwa against me. I believe Muhammad's practice sunnah consisted of making decisions in the face of changing times and the sunnah can be practiced by new Islamic scholars as opposed to your institutions insistence that it is limited to the prowess of the prophets. I believe your people need to think about the Ijtehad and the Sunnah concept a bit more.
So my one question with 2 parts is basically this,
Can an Islamic scholar nowadays issue an Ijtehad that the inheritance law be changed? Yes or No.
Does your institution believe in such a process of reformulation of laws according to time with Ijtehad? Yes or No.
Please elaborate or not but do reply in Yes or No to the questions.
Please If you are confused about the answer just say 'I don't know'.
Thank you so much for answering in advance.......
P.S I know you have given me the concept of inheritance as is written in the Quran, what I
am asking is can we deviate from it with changing times through the process of Ijtehad. |
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ibrahim
Moderator
PAKISTAN
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Posted - Sunday, December 13, 2009 - 5:04 PM
a) According to the concept of inheritance as is written in the Quran that I gave you in my prev post the wealth must be divided among the daughters only as siblings come into consideration only when there is no kid (boy or Girl) is presesnt.
b) No Islamic scholar can ever change the everlasting God-given shar'eeah such as people are v busy these days so nowadays he issue an Ijtehad that the no of prayers is changed & reduced so instead of 5 only 3 prayers in a dy will be enough. This is saying something that is out of one's limits.
Ijtihad starts from the place where God & His given Sharee'ah is either silent and a new thing or situation is demanding some religious guidence.
c) So our institution believes in ijtihad regarding the above mentioned situations only. however we also believe in reinterprating the Quran & Sunnah in case we feel that something has been understood wrongly. |
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