Relevancy of fiqh

March 19, 2006

Fiqh is not merely a question of picking up rulings recorded in old texts and throwing them down on new realities. Rather, the application of fiqh, especially on more sophisticated matters, requires a sophisticated understanding of the texts of the fuqaha, as well as the primary sources, the general foundational principles and goals of the Shariah, and, very importantly, the time, place, and people the fiqh will affect. This is why fuqaha such as Imam al-Haskafi stated that, “Whoever does not understand the people of his times is ignorant.” (Durr al-Mukhtar, 1: 47)

-Shaykh Faraz Rabbani

15 Responses to “Relevancy of fiqh”

  1. dawood Says:

    Great paragraph… This is why I am wanting to study all this Usul type stuff, especially looking at Shatibi’s “Maqasid al-Shari’ah” and other things.

    I have found both Kamali and Muhammad Khalid Masud to be excellent on this regard (in English).

    This short article is an interesting supplement to what Sh. Faraz said above. The 2nd part is also fascinating.

  2. dawood Says:

    Oops, just realized I made a mistake in the link. This should work properly for the first one.

    Sorry bro. πŸ™‚

  3. molvi Says:

    oh fricking sweet. im actually looking forward to Shatibi’s book. as soon as someone buys it for me. : broke :

  4. dawood Says:

    There are 2 books – one is by Muhammad Khalid Masud, and called “Shatibi’s Philosophy of Islamic Law”, which is sweet. See if your Uni library can get it, as it’s important.

  5. dawood Says:

    Also if you want to read a hardcore article, check this out, by Kamali in the now defunct website.

    This article on fitnah is also interesting, giving a much more nuanced definition and explanation than I have thus seen or been taught from anyone.

    The papers on there are amazing, but some may not work now.

    Wayback is a great resource! πŸ™‚

  6. mz Says:

    salaam…i came across ur website kinda ramdomly, but interestingly enough i’ve been doing some research on Islamic jurisprudence recently and have gotten a chance to read some of the various books/articles on usul al-fiqh…have you chkd out any of the following authors/books; Frank E. Vogel or Wael Hallaq?


  7. dawood Says:

    Hallaq is interesting… his books are rather dry. I am totally wanting to check out this by Vogel though!

  8. molvi Says:

    Hallaq made me cry. with frustration. kidding, its really.. invloved reading. It really does seem more like an intense manual rather than a read through like other stuff.

  9. mz Says:

    hahah yea ur tellng me…but he does have some interesting points, once u get past all that jargon. Vogel’s really good…he’s a harvard prof..and this summer, he & another prof, who i’m actually doing reserach for, are working on a legal casebook for sharia’a…so inshAllah, its a hopeful step ahead for the islamic legal sys πŸ™‚

    I also just got another book in…but the title & author escape me. (i have too many). iA, I’ll let you know..its the latest authority on usul al-fiqh tho.

  10. dawood Says:

    I made this on Amazon a little while ago.

    Hallaq has some great information, and I am definitely going to get his stuff for my book shelves. I like the fact that he, Dr. Jackson and Dr. Fadel are ‘buddies’ but debate and discuss through articles a lot. All have slightly differing views on a number of key issues.

  11. mz Says:

    ok so here’s the latest book: Dispensing Justice in Islam: Qadis And Their Judgements ( written by: Masud, Peters & Powers.)

    I’m pretty sure it should be available @ Amazon..but it mite be an expensive sucker. I’ve just skim read some of the chapters, but so far, the books really good.

    ws πŸ™‚

  12. dawood Says:

    Yup, been on my wish list for a while… Let me know how it is once you finish it – Masud is an amazing writer!

  13. mz Says:

    for sure! oh and have u read ne sami zubaida? he’s okay..i mean a lot newer for sure…better than reading stuff thats like 40 years old ya know? And incidently i get ta hear him speak next week on Democratization in the Middle East!

  14. dawood Says:

    mz: Do you have a journal/blog or anything? lol.

  15. mz Says:

    haha yea..but its not very academic! this is my inner nerd coming out LOL..but feel free to chk it out πŸ™‚

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