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Old 09-30-2012, 04:13 PM   #1
LymnInvinny

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Default Maliki Fiqh Questions: Only for the well trained! Part 1
Assalaamu Alaikum Wa Rahmatullah

Don't ask me why - but recently I have been going through the text "Guiding Helper". MashaAllah it's an excellent resource (although I have seen another thread on SF advising Malikis to stay away from it).

For the Maliki elders, I had a couple of questions inshaAllah.

1) Footnote 562: He is Abu l-Walīd Muhammad ibn Ahmad ibn Rushd, a great scholar of the sixth Islamic century who taught Law in Cordoba, Spain. The above quote is from his metered-verse song called The Introduction. Please note that AverroŽs (the philosopher who once got in trouble for his incorrect beliefs) is not the same as the scholar mentioned above (rather, he simply had a very similar name).

Q: This really confused me! I always thought that Averroes was the famous Maliki jurist who wrote "Bidayat ul Mujtahid". Is this notion incorrect then??

2) Footnote 302: As for things that have been manufactured with impure ingredients, it is permissible (which means that it is not unlawful; although, it may be disliked) to use them for daily tasks as long as one does not swallow them. Thus, soap/shampoo/body-lotion/machine-grease/etc. made from impurities is permissible to use (as long as one does not swallow it); although using such materials on one's body is permissible, it is considered disliked. Nevertheless since such manufactured goods are considered impure, one must wash off all traces of them before prayer. Additionally, such impure manufactured goods should not be used inside a masjid. Normally speaking, it is unlawful to buy/sell impurities; however, such manufactured products are an exception.

Q: So let's say you have really dry skin and put on some Nivea moisturizing lotion. Do you have to wash this off completely before you do the next prayer?

3) Footnote 489: The fifteenth act that breaks purity is being unsure about whether one has committed one of the above fourteen acts or not since the last ablution or being unsure about whether one has performed ablution since performing one of the above fourteen acts. [Please note that in the Maliki school doubting about an act of worship necessitates repetition of the doubted act. Thus if a person wants an easy time in the school, he/she should get into the habit of being sure of himself/herself all of the time. This kind of sureness will make life much easier.]

Q: How do Malikis approach the famous qawaa'id: “Certainty is not overruled by doubt” (Al-yaqinu la yazulu bish-shakk)? I think this qawaa'id is considered by the Shawaafi to say that as long you are sure you did wudoo and unsure whether you broke it subsequently - you still have wudoo'.


Still need to go over songs 11-19. So there may be more questions inshaAllah! The primary purpose of the study is to identify differences in opinion and adopt the adheemah if practicable.

Wassalaam
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Old 09-30-2012, 04:16 PM   #2
LymnInvinny

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NB: I am also going through Nur-ul-Idah and Sharh Umdat-ul-Fiqh (complemented by Ibn Farooq's lessons). So there may be "Hanafi/Hanbali Fiqh questions: Only for the well trained" threads in the future bi idhnillah.
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Old 09-30-2012, 11:04 PM   #3
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1) This is very strange. I didn't know there were two Ibn Rushds :/


2) I have no idea, don't want to say anything wrong


3) I was taught, in contrast to the Shafee' idea, that if there is doubt, then you must redo wudu. Here is a summary of wudu and doubt:

Doubt: Doubt breaks wudu' because man only discharges his liability by certainty. There are three different ways in which doubt can occur:

1) He remembers performing wudu', but is unsure as to whether he has broken his wudu' since then.
2) He remembers breaking wudu', but is unsure as to whether he has performed wudu' since then.
3) He remembers performing wudu' and breaking wudu', but is unsure as to which happened first.

All of these render wudu' obligatory.

If these three types of doubt occur during the prayer, there are additional details attached:

1) If he entered into the prayer believing himself to be in a state of wudu' and then doubt occurs to him about whether he has broken it or not, then it is obligatory for him to continue his prayer. If the doubt leaves after he has finished the prayer and becomes clear to him that he was pure then he does not repeat the prayer. If the doubt persists then he must renew his wudu' and repeat the prayer.
2) If he entered into the prayer believing himself to be in a state of wudu' and then he remembers breaking wudu' and doubt occurs to him about whether he did wudu' after he broke it or not, then he must immediately break his prayer and renew his wudu'.
3) If he entered into the prayer believing himself to be in a state of wudu' and then, having remembered performing wudu' and breaking it, doubt occurs to him about which one occurred first, then he must break his prayer and renew his wudu'. This ruling is the same as that for case (2).

(NOTE: These rulings on doubt do not apply to the person who experiences these sorts every single day, even if that doubt only happens once a day)
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Old 10-03-2012, 05:15 PM   #4
LymnInvinny

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Salaam Br. Dnalyensid

Jazak Allah Khair for the response.

3) I do understand the ruling but my question was about how the malikis approach the famous qawaa'id. It's more of a methodology question as opposed to the actual ruling.

1 and 2 - Can other members help inshaAllah? The thirst grows with each passing day.
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Old 10-04-2012, 01:13 AM   #5
orbidewa

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Assalamu alaykum, please see http://groups.yahoo.com/group/Bewley...s/message/2112 for question 1.
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Old 10-06-2012, 05:41 PM   #6
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Assalamu alaykum, please see http://groups.yahoo.com/group/Bewley...s/message/2112 for question 1.
Jazak Allah Khair brother!

Anyone for Question 2? I suppose it does look a bit obvious....
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Old 10-08-2012, 04:49 PM   #7
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Assalamu alaykum, please see http://groups.yahoo.com/group/Bewley...s/message/2112 for question 1.


So is Ibn Rushd the grandson (Averros) reliable?
Are his works like Bidayat Al Mujtahid reliable?
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Old 10-09-2012, 01:32 AM   #8
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So is Ibn Rushd the grandson (Averros) reliable?
Are his works like Bidayat Al Mujtahid reliable?
Bidayat al Mujtahid is arguably one of the most well known and important books in fiqh (not just Maliki fiqh)! So definitely reliable as far as I have heard.
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Old 10-09-2012, 07:56 AM   #9
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Bidayat al Mujtahid is arguably one of the most well known and important books in fiqh (not just Maliki fiqh)! So definitely reliable as far as I have heard.
Ok. I see.

What was the 'trouble' he got into as mentioned in the OP ? any idea?
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Old 10-09-2012, 09:01 AM   #10
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Ok. I see.

What was the 'trouble' he got into as mentioned in the OP ? any idea?
As far as I know it refers to his philosophical ideas; he wrote Tahafut al-Tahafut which is a refutation of Imam al-Ghazali's Tahafut al-Falasifah and other works in that vein. He also argued against some of the common Ash'ari proofs used in his time, so that obviously earned him some ill-repute.
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Old 10-09-2012, 12:22 PM   #11
TimoDass

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As far as I know it refers to his philosophical ideas; he wrote Tahafut al-Tahafut which is a refutation of Imam al-Ghazali's Tahafut al-Falasifah and other works in that vein. He also argued against some of the common Ash'ari proofs used in his time, so that obviously earned him some ill-repute.
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