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in the name of Allah the beneficent the
most merciful I'd like to welcome you
dear viewers to another in our series
study in
Islam May Allah's peace and blessings be
on each and every one of you we continue
to look at our module on
F and this segment is perhaps a bit uh
Technical and a bit
detailed uh for some of our viewers or
for many of our viewers who haven't been
following the program all along because
we're at the end of looking at law law
and of course law and legal issues
generally will be comp complicated it's
not the average person is not able to
delve into the intricacies of Law and be
able to apply them that's why they have
lawyers they hire lawyers etc etc so not
wanting to make this very complicated
for you dear viewers however those who
are following this program as a course
of study it is important that you do
understand these particular issues and
these are the
issues um related to uh differences
which have occurred among the different
Scholars which have to do with the
schools of Islamic law and where they
differed and why they
differed and in the last uh
program we were looking at the last
point we're looking at had to do with
the resolution of textual
conflicts where we have two authentic
hadiths two authentic statements of the
Prophet may God's peace and blessing be
upon
him one of them has one implication
another one has another implication well
there appears to be a conflict how do we
resolve them what do we actually
do and uh the example which was given
was one in which the uh Prophet may
God's peace and blessing be upon him it
said that one should not
pray prayers should not make any
prayers after the formal prayer of fer
until
sunrise or any prayers after the formal
prayer of Aer the afternoon prayer until
sunset that was a general instruction
then we also had another General
instruction in which the prophet may
God's peace and blessing be upon him
that said whenever any one of you enters
a mosque he he or she should not sit
down until they make two units of
prayer so that a person coming into the
mosque you've come in you're bringing
the world with you if you just sit down
next to other people you may start
chatting about the world so before
sitting down in the mosque make two
units of prayer Focus why are you here
bring your yourself in the house of
worship focus on worshiping
God okay now what do we do with these
two
hadiths Abu
hanifah he
understood that the general
ruling was the Hadith which said
whenever you enter a mosque make two
units of prayer before sitting down
that's the general ruling whenever you
wherever you are whenever
however if it happens to be after the
formal prayer of fjer or Asser Before
Sunrise Before
Sunset then don't pray you can pray all
the other times whenever you enter a
mosque but not these times so he looked
at the second Hadith as being General
and the first Hadith is being specific
that was the opinion of Abu hanifah the
other Scholars the other three major
Scholars Imam Malik shaf and
Ahmed they took the opposite view they
said the general Hadith is no prayer
after uh F and after ass until the
rising of the Sun the setting of The Sun
that's the general Hadith in general no
prayer right that we don't get up and do
any informal prayer prayer which just
come from ourselves voluntary prayer
prayers you know General
prayers
however if there is a specific
instruction
prayer then you
pray after that time F and after ass
that's a specific instruction if you
have now entered a mosque at that time
pray so they looked at the second Hadith
as being specific and the first Hadith
is being
General and naturally they had this was
a difference of opinion practically
speaking what did it mean for the hanafi
person following the hanafi School of
Law then if he enters a mosque and it is
after the formal prayer has been done of
fuder then he will sit
down if he is from the Shafi school or
hambali or Maliki he enters
after uh formal prayers of fuder or AER
he will pray two units of prayer before
sitting
down h of course in in terms of religion
I mean it doesn't mean you know you have
now sinned you've done this you've done
that no it's a minor point but it's it's
just an example of course this could be
a bigger point where the conflicts are
on other more critical issues but I'm
just giving us small example of
how uh Hadith because both of these
hadiths are found in bukari and Muslim
the two most authentic sources of
Islamic
law so conflict in these two texts how
were they resolved this this is just an
example of it well in the end we have to
look to see I mean because this is an
interpretation isn't
it which one is general which one is
specific we have to look to see what did
the prophet do what did he and his
companions do how did they understand it
I mean of course most important how did
the prophet himself understand
it what did he
do well we have authentic narrations
that after the prayer of
faer a man got up to
pray and the prophet asked him what are
you doing cuz remember he said no
prayers after to the obligatory prayer
of fer until the rising of the Sun so
when the man got out to pray asked him
what are you doing he said oh messenger
of Allah I missed the two recommended
voluntary prayers before the obligatory
prayers the two sunnas of FJ I missed
them so I'm doing them now and he said
okay he gave him the
okay so what are we seeing here the that
though in general you're not allowed to
get up and pray meaning you don't get up
to pray from
yourself but if you have something which
was missed there's a specific
instruction about it then you do it and
we know Prophet Muhammad wasallam had
said that if a person oversleeps a
prayer or forgets a prayer he should
pray it whenever he remembers it
whenever he remembers it he should pray
it so if it were that he overslept and
he came to the mosque after the formal
prayer has been prayed he can still go
and pray he goes ahead and he prays it
and that's known accepted so it is where
there is a reason where there is a
reason and instruction for that prayer
you go ahead and do it but if there's no
instruction or reason it is just from
yourself you feel to make some prayers
then
after f after Asser you
shouldn't we also have the example that
Prophet Muhammad may God peace and
blessing be upon him on one occasion
after
Sal he when he went back home he started
to make some units of prayer so his wife
asked
him oh messenger of Allah didn't you
forbid us from praying after the
compulsory prayers of
ass he said yes but my Sunnah prayers
voluntary uh recommended prayers after
Thor were missed because some people had
come to me in the mosque and I missed
the chance to do them so I'm doing them
now so again his practice has clarified
that it is permissible after those times
as long as it it is a prayer which was
recommended to be done or instructed to
be done so the more correct position is
that when a person enters the mosque he
should make two units of Prayer before
sitting down I mean this is such a a
strong recommendation that it is
authentically reported that when the
prophet may God's peace and blessing be
upon him was giving the sermon of Juma
the Friday sermon and a man came in and
sat down people were coming in he came
and sat down nearer to the front or
whatever and the prophet stopped his
sermon in the middle of his sermon he
stopped and asked the man did you make
your two units of
Prayer before sitting down and the man
said no so he said get up and do them
quickly so so important that he is going
to break his uh sermon and instruct the
man it means it's something that should
be done and unfortunately it's something
which is quite neglected in our times
people regularly come in the mosque
you'll see them on Fridays and other
other than Fridays and just come in and
sit down sit down with their friends
they start chatting and so on so what
are they chatting about about Allah
about Quran about Islam or just chatting
about family dun work money Investments
you know this is the
danger of not praying before sitting to
put oneself in the correct frame of mind
so the benefits of being in the mosque
are
lost anyway um we also have the third
major area in which uh differences arose
and this had to do with some of the
principles which were accepted by some
of the scholars were not by were not
accepted by others for example we
mentioned the four basic sources of
Islamic law the Quran the
Sunnah and we talked about it in general
but this was an accept generally
accepted area now
imma was a particular Point imma the
consensus of opinion of the sahabah
scholars
sahaba in the case of Imam Ahmed he did
not accept imma after the sahaba as
evidence uh the principle of imma the
consensus of opinion of the sahabah he
accepted fine imma could take place
amongst them why
because it was well known that the
leading uh the rulers of of the Muslim
state thef rashidun in those early years
they didn't allow the sahaba to go
traveling far from Mecca or medina
because they wanted to keep them keep
them close to the centers in order that
they would be able to pour out that
Storehouse of knowledge which they had
which could then be utilized for the
governing of the Muslim
state so finding their consensus was
quite easy but now after their time
where Scholars now were scattered all
over the realm from Spain to
India from Turkey to Sudan and all over
the Muslim world to try to establish
imma at that point especially with
Communications being as they were you
know back then a thousand years
ago Imam Ahmed said whoever claims
consensus is a liar that was the
position he took he would not accept
consensus after the time of the
sahaba with the other Scholars they
accepted it uh they accepted what they
would
call meaning that if nobody objected to
this particular issue that it wasn't it
was an unanimous
non-objection so that became
thear but for Ahmed he didn't accept
this because he said well because the
fact that you don't have a recorded
objection doesn't mean there was no
objection because the issue may not have
been raised in those areas
so this was a
point um we also had as we spoke about
before Imam Malik's position about the
custom of the people of Medina where he
would accept it as an
Evidence the other Scholars said no we
will not accept it as
evidence uh we also had Abu hanifah he
had a principle
called and Imam Malik had a similar
principle
called but these were rejected by Imam
Shafi as being too independent of the
Quran
anding where the implication of the
Quran and were left for what appeared to
be the better choice you know because
this basically what means means you know
you have a ruling an implied ruling from
the Quran or the
Sunnah and its implication appears to be
not in the best interest of the people
because a text may have a clear ruling
and it may have an implied ruling are
all implied
rulings applicable this was the
question so um the scholars took
different positions some said well if
it's
implied we accept it as we accept the
obvious ruling others said we have to
look at the implied ruling sometimes
that implied ruling is beneficial to the
society we can accept it other times
it's not beneficial it may even be
harmful to the society you know people
can't function in this way according to
it so we won't accept it and we'll go
with something which is more applicable
this leaving aside the implied ruling
and going to what is more applicable
this is what was referred to
as
and so uh as we said Abu hanifah and
Imam Malik accepted it whereas a shaf he
rejected it he would not accept it
although he was himself obliged in the
end
to uh develop a
principle uh which would allow for um
extracting other rulings
where implicate implied rulings didn't
seem to be
correct um or very applicable Imam sha
in terms of his own um position s he
accepted the opinions of the
sahabah on legal matters that their
opinions should take precedence over all
else the opinion of the sahabi whereas
the other Scholars they said well they
were human beings they had opinions we
have opinions Etc we will not I mean
unless they're all not all they're all
gathered on an opinion that's another
situation you know they may have varied
about that but but in general they
looked at their opinions as being
opinions they were not obliged to accept
their opinions whereas Imam Shafi took
the position that the opinions of the
sahabah should be given precedence over
the opinions of all others giving
special status to the sahabah the
companions of the Prophet may God's
peace and blessing be upon him and so we
can see with these kind of
differences uh the scholars ended up
with different rulings took different
positions there is a fourth major area
which uh it's actually quite detailed
and very difficult to go into in such a
program uh I'll just mention it it's the
area ofas itself which is a reasoned
area area having to do with deduction of
laws by analogy and of course how one
sets the principles for that deduction
varies from scholar to scholar and so
you find probably this is the area of
the big
differences among the scholars a
deduction of laws by analogy with that
dear viewers we like to thank you for
being with us in this segment of our
program studies in Islam and we hope
that you continue to follow the program
throughout the year we are doing it
based on a book which I've have put
together
called the foundation of Islamic Studies
this book is available at Dar Al fat
press in Chara and and this course is
also being taught at Preston University
in the Islamic Studies Department which
I set up um a year ago and uh it is
known as Islamic Studies uh or Islamic
fundamentals
too anyway we'd like to thank you for
being with us and we hope that you'll
follow the program throughout the
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year
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