Sunday, 23 October 2011

Jurisprudence : What is Fiqh or Jurisprudence?

Assalaamu'alaikum wa rahmatullah

This is the Chinese or perhaps Sino-Japanese depiction of King Yama. Buddhists always talk about him when it is regarding punishment that a person will get as a way to cleanse up one's karmma. Usually elders will threaten youngers that King Yama will cut our tongue if we tell lies to others as lying will also bring bad karmma. King Yama is a judge and the guardian of hell. Hindu-Buddhist kingdoms in South East Asia also had used Brahminical texts such as Tharmmasastram to derive code of conduct and legislation provisions in the kingdom or anachakra ruled by a king or chakravarttin. One of the law practiced in ancient Buddhist kingdoms such as of ancient Malay kingdoms are like Sulo or impalement to execute a woman who commit adultery or treason against the king.

We have many branches of knowledge and sciences in the studies of religion after the noble prophet Muhammad s.a.w who is our seal of prophethood had returned to His Mercy. One of them is called as Fiqh

So, straight to the point, what is Fiqh brethren? Roughly it is a science related to the Islamic jurisprudence. It is an expansion of the code of conduct where we call it as Shariah and expounded from the glorious Quran. Shariah usually is supplemented by the tradition of prophets and we call tradition as Sunnah of prophets. Sunnah of prophets were re-introduced again by the noble prophet Muhammad s.a.w and some came from him according to the period where he live. Shariah which consists of the conducts of life from the sources of Quran and Sunnah then will be implemented through rulings and interpretations of jurists whom we call as Qadhi

Sometimes I would also refer to Jesus Christ as a future Qadhi. I will always wait for his arrival and rulings if I do not die yet. It actually signifies the end of the world : ) We already have our own guidelines and we do not need others to teach us especially in our own countries. The God is teaching us with basic rulings and the observance of morality is considered as apart of the prevention of evil and crimes. We don't need secularism or French concepts of looking at this world. French are just human-being and human-being are imperfect. We also don't need Karl Marx to teach us or whatever ideology proposed by these people. Those ideologies are anathematized and not natural. I would translate the word anathematize for my Malaysian compatriots as dilaknat.  We refuse to accept their ideas as they also refused to accept others' ideas. If they perceive others as barbarians, we also perceive them as barbarians. 

我詛咒歐鬼的思想... 他們多數人不接收啟示然後他們學的事沒有天的指導和聖靈... 別人都可以說出來他們的偏見對我們的道,我們的聖人和穆斯林所以我也想嘗試看感覺是怎樣,哈哈哈... 我感覺很...  

Fiqh deals with the observance of rituals, morals and social legislation in Islam. For Orthodox Sunnah Muslims, we have four schools of Fiqh established by four honorable imams which are Hanafi, Maliki, Shafi'ie and Hanbali. Our Shi'a Muslim brothers have two major schools of Fiqh inherited from Ja'afar as-Sadiq and Isma'ili Fatimiyya. Those who are trained in this science will be called as Fuqaha' (sing. Faqih). I am following and learning the method of Hanbali and most of brothers in Saudi Arabia are also following Hanbali methods. My brothers in Malaysia, Yemen, Lower Myanmar, Indonesia, and Southern Thailand are following Shafi'ie methods. My brothers in China and India are following Hanafi and those in Northern Africa in general are following Maliki methods. 

Definitions of Jurisprudence

Fiqh literally means the science of something in order to understand something, common sense in it, and the thought for the honor of the science of law as the quote from the glorious Quran where the God mentioned again what the people of Sho'ayb (Jethro) said to Sho'ayb a.s : "They said, o Sho'ayb! We do not understand many of what you had said and we indeed only see you as a weak person in front of us. If not because of your family, we would have thrown you with stones. And you are not respected for us." (Surah Huud verse 91). And the word understand in the verse signifies anything which lead people to think and ponder.

Terminologically, Fiqh means the science on the rulings of the way of leading life, practices, benefits, based from valid and accurate proofs in accordance to the origin of the fiqh or understanding.  

So, basically when newspapers wanted to tell everyone about this, they should also check the books and sources regarding this from the root source and not just from internet googling or by reading something at the surface. Reporters today are just as ignorant and irresponsible as the mat rempits who illegally racing on the road and later banging young bitchy girls if they won the illegal race. Orientalists, they went to study these too but they were also bias. The same thing also happen to some Muslims who just google up this and that about other system of belief or faith or reading certain blog related to some nonsense conspiracy theories which denies the Wisdom of the God the Most Highest. 

My past experience as a "deviant Muslim" boy for few years in my life had also helped me to understand many things and I found that bashing others are just making people mind restless and later it affects the environment around. These kind of people would put some information in their sites or books and they later including their opinions based from their hatred to others, irrationality, unstable emotion or based from their perception game. Nothing is better than whatever they think because the thing which they prefer will eventually come to their favor. They could not propagate anything without telling that others are less better than them. Later others who had never read root sources and sharing the same hatred would also use the points from that and spread it worldwide. Again, these sick people no matter Muslims or non-Muslims need heart and soul purification. They would also easily being affected by diseases and die early I could assure this because not only glorious Quran talked about people who bite their fingers because of baseless anger but also the teachings that I had followed for some times which was Buddhism : )

Regarding science in religion, Ibnu Khaldun in his book Muqaddima (Introduction) had divided science into two branches :

I. Rational ones which have been generated by human intellect. Another one is revelational which is received through revelation and transmitted to others such as what happened to prophets for example the noble prophet Muhammad s.a.w who had received knowledge through revelation and not from studying it in school and he then transmitted it orally to his companions, contemporary, people around him, and later generations.

II. Excludes the use of intellect as far as its reception, reporting, and transmission are concerned. It relates to injunctions of secondary report, derived from usool or origin, calls it into play one's intellect and ability to exercise analogical reasoning. Fiqh is included in this second category. It is a product of later generations since companions of prophet Muhammad s.a.w do not need its formulation into a new branch of science as the law-submitter or the prophet and messenger of the God was still around with them. They may straight away ask the prophet s.a.w for clarification or looking at how he acts when they are not clear on something.

Sources for Legislation Reference

Many people can understand about British Common Law on how the decisions were derived. Whether from past cases as examples for rulings of court or from the jurists decision like some raping cases in the United States. I do watched American short series but I can't remember all of them. Some scene, I still could remember. 

I also learned legal language which involved the Common Law and Tort Law during our translation and interpretation class where one of our lecturer is a Sikh lawyer whose name is Harpal Singh. Well, many students especially girls love him and he is a single guy in the middle age. For me, he is a generous guy who donated a lot to students in order to make class more lively and interactive. I gave all of the food that I get from his class to my roommate, brother Zaydi simply because his father name is Hussein and I want him to be my imam in prayer services in our room. I think he must thought that I was crazy, hahaha. I was also fasting to calm down my mind at that time but I could not waste the food so I just offer them to my roommate and sometimes if I have vegetarian meals I would also offer them to some Hindu friends neighboring my room. At least my acquaintance and friends are healthy and they could save their money, I would be very happy : ) I treated brother Zaydi badly in the beginning simply because he is a Kelantanese and I was also influenced by bad talks of people around. It has to do with misconception and generalization too that we become racist, no? We never have any contact with majority of certain people that we don't really like so we created some negative image for something that we had never experienced. Just get a life and do beneficial things like enhancing amity among human, environment, and animals instead of spreading hatred just because of differences and misconception...

From what I had also learned in our masjids and school for final exam for the course of Islamic Rulings and Legislation, our sources for rulings and details must be obviously come from :  

1. The Glorious Quran.
2. Sunnah or the prophetic traditions and Orthodox Sunnah Muslim have four major methods.
3. Ijma' (agreement) between jurists and ulamas.
4. Qiyyas or common sense for matters which had never happened during prophetic era like smoking which kills others because of the smoke is harmful for human health and environment or rulings regarding the selling of harmful drugs or cracks. It needs human intellectual consideration and jurists need to think or using their head. It also needs researches and evidences.
5. Sources of rulings and legislation from the Ahlul Bayt.     

The Root of Fiqh

What is the root of Fiqh? It refers to methods which had been implied within the derivation of the development of legal provisions of the way from detailed and discreet proofs. On the other hand, the root of Fiqh which places the root or basic methods to develop jurisdiction and legal provisions according to clear Divine guidance and guidelines. The relevance of Fiqh is for jurists to derive legal provisions and rulings with clear evidence in order to implement the execution of nature laws from it.

While for the root of Fiqh, its motive is to to find clear evidence from where emerged the object of evidence on the legal provisions. And each that had been stated from the agreement and consideration based on common sense which falls under the name (of legal opinion) which includes :

1. Plaudits : It is reversing the jurisdiction of the way for example on the provisions on what had been perceived to face is stronger and reversing the jurists.

2. Sent Interests : The meanings or the matters which are linked to the jurisdiction and developed upon it and causing damage or harmful to human society however yet it is always being discussed. 

3. Known to people : It means legal opinions which is based on customs and norms. Custom or norms which is known to people, whatever had been in the character of speech, verbal, their way of thinking, and whatever is accepted and not accepted by the norms of society being repeated until it is accepted by the jurists and there are also other sources to derive opinion on jurisdiction between trained jurists in addition to whatever had already existed in agreement of jurists and various of considerations whether the past or through any other methods proposed by jurists. Sometimes those in India or Pakistan also seeking Brahmin priests to derive law and the effect is that, we can see people without nose or ears because those priests are using Tharmmasastram and Puranas in the derivation of customary law. Media then capture the pics and showing it to lazy people or those who has no feet to come to talk with real people asking this and that.

So, this is some point of Shariah. Shariah does not only mean law which cuts the hand of criminals since my three years old nephew could also utter the same thing without reading sites or listening to others thought. I don't care what Western people or those who believe not in the God (the God of everyone in general is the same) wanted to view this. Liberal thinking always providing spaces for people to exercise their freedom in perception, speech, thoughts, and etc and I believe Westerners are not really liberalists like what had been widely portrayed on the issue of human rights in media cause that is superficial. I don't care about Western view as they are not important in the view of the God since the God needs not people to side with Him and we could also establish Occidental studies in reverse to them. As what had been said by Buddha Gautama, do not treat others badly if you do not want to receive the same impact. The impact sometimes takes time or could take place in a blink of an eye. If a person does not receive the impact now, but it will be consequences in the future. Sometimes the impacts is damaging our internal without we realize it. 

I am disappointed with those who call themselves as "Muslims" but never tried to paraphrase whatever had been written and uttered by "real" imams of jurisprudence but rather "depending on Orientalists sources" which is not valid for a Muslim because they are non-Muslims in which they do not believe in the authority of the glorious Quran, the Word, the Guidance of the God and holy spirit. They are not trained in the law of revelation and most of all they are not superior. We don't have to be recognized by them or by Noble prizes. That is utterly lame as they themselves set up the standards and we can't have our own standards?

We may also see how the magnificent creation of Europe which is European Union arranging their so-called code of conducts, rule, regulations, institutions and etc from their greed to source of products and rivaling among each others until it affects the world. Muslim brethren don't just wait. Do your own researches and comparison when you're free. You don't have to be registered as a master or phd student to check everything on your own capacity. We have the God and His revelation which is the Quran. We have sources around like libraries, archives, internet, masjids, sunnah teachings, our communities and etc. Use them, benefit them don't waste time... I am also advising myself.

Science does not always revolve around physics, chemistry, additional mathematics and biology dear little brothers and sisters who are in schools. Be whatever you want to be, you are free to choose but make sure you are aware about yourselves. I beg myself and brethren, please together improve our level of understanding of our own religion beside being aware about environment around and ideologies of the West. Don't just accept and absorb anything. What I had learned from Buddha as apart of his philosophy was that don't follow if you do not have inquiries or doing any research until you attain enlightment.

My responsibility in this part is done. Whomever viewed this will be burdened with the responsibility to understand it again and tell others to be released from the burden. It is ok if people do not accept it, leave them to the God for dealings don't be sad.          


The Guidelines of the Imam ash-Shawkani.
The Epistle for Imam ash-Shafi'ie
The Character of Islam First Part of Imam Naqiyuddin an-Nabhaani

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