Shari'ah Law 1 Midterm Reviewer PDF

SHARI’AH LAW 1 MIDTERM REVIEWER AHMED TADTAGAN COTSU – JD1A AHMED T. – COTSU JD1A 1 PHILOSOPHY AND GENERAL THEORY OF ISLAMIC LAW Definition of Shari’ah ○ The Muslim Law ○ A divine system of law promulgated through his Prophet ○ ‘The r...

SHARI’AH LAW 1 MIDTERM REVIEWER AHMED TADTAGAN COTSU – JD1A AHMED T. – COTSU JD1A 1 PHILOSOPHY AND GENERAL THEORY OF ISLAMIC LAW Definition of Shari’ah ○ The Muslim Law ○ A divine system of law promulgated through his Prophet ○ ‘The road to a watering place’ ○ ‘A clear path to be followed’ ○ set of rules from God guiding human behavior in all aspects of life (legal, moral, & social) ○ Technical term: The canon law of Islam Shari - anything that is legal Mashru - regulated Fisq - contravention of Shari’ah Basis of the Shari’ah in the Qur’an ○ “For each We have appointed a divine law and a traced-out way.” - Qur’an 5:48 (Surah Al-maydah) ○ “And now have We set thee (O Muhammad) on a clear road of (Our) commandment; so follow it, and follow not the whims of those who know not.” - Qur’an 45:18 (Surah Al-jathiyah) ○ Qur’an 13:30 (Surah Ar-ra’d) Principal Characteristics of Shari’ah Comprehensive Nature of Shari’ah ○ Shari'ah encompasses all aspects of human life. ○ Shari'ah addresses both religious practices and worldly matters. ○ It sets guidelines for individual development as well as the progress of society, nations, and humanity as a whole. Idealistic and Realistic Aspects ○ Shari’ah merges idealism and realism, balancing permanence with adaptability. ○ Its idealism stems from existing before the Islamic state and shaping society, rather than being shaped by it. ○ Realistic because, while its core principles remain unchanged, it adapts to societal changes through Ijtihad (independent reasoning). AHMED T. – COTSU JD1A 2  Natural Alignment ○ Islam for example offers solutions like plural marriage and divorce, acknowledging natural human tendencies. ○ The more people adhere to Shari’ah, the closer they are to their natural state. Comparison between Shari’ah and Positive Law ○ Shari'ah Law: Derived from the Qur’an and Sunnah, guiding all aspects of life, including religious, moral, social, and legal matters. ○ Positive Law: Man-made laws created by governments or societies, often focusing only on legal and social order. ○ Definition: Shari'ah: Islamic law; means “the clear, well-trodden path to water.” It covers all aspects of a Muslim's life. It is moralistic and aims at both spiritual and societal harmony. Positive Law: man-made and based on the utility principle, seeking to achieve the greatest happiness for the greatest number. It is more secular, focused on societal governance rather than spiritual wellbeing. ○ Contents: Shari'ah: Covers not only legal rules but also ethical guidelines, including worship, family matters, and business. Positive Law: Primarily concerned with legal rules governing behavior in society, such as criminal law, civil law, etc. Values or Objectives of Shari’ah and Positive Law ○ Shari’ah - The main objective of the Shari'a is to construct human life on the basis of Marufat (virtues) and to cleanse it of the Munkarat (vices). Protection of Faith (Deen): Ensures freedom to practice religion. Protection of Life (Nafs): Mandates preservation of human life. Protection of Intellect (‘Aql): Promotes knowledge, prohibits intoxicants. Protection of Lineage (Nasl): Regulates family and inheritance laws. Protection of Property (Mal): Ensures the sanctity of private property. AHMED T. – COTSU JD1A 3  ○ Positive Law is more utilitarian in nature, based on social contract theory and the needs of the society. Its objectives often prioritize practical governance over spiritual or ethical goals DISTINCTIONS BETWEEN FIQH AND USUL AL FIQH Definition of Fiqh ○ Literally, “understanding” or “knowledge” ○ Knowledge of Islamic law, also means, the science of jurisprudence ○ Jurists definition: "the science of the derived legal rules as acquired from their particular sources." ○ Shafi'i jurists: the knowledge of the laws of the Shari'a relating to man's act and derived from specific sources. ○ Maliki jurists: the science of the commands of the Shari'a in particular matter deduced by the application of the process of reasoning. ○ Abu Hanifa: the knowledge of what is against a man's self, which he called Fiqh ul-Akbar, or the great science of fiqh, which in this concept would comprehend within it pure questions of faith which strictly speaking, are the subject of the science of divinity and abstract questions of ethics. Scope or Coverage of Fiqh ○ It embraces within its science all the sources of Islamic law. 1. Qur’an 6. Istihsan (juristic inference) 2. Hadith or Sunnah 7. Istislah (juristic preference) 3. Ijma (consensus) 8. Istishab (presumption of continuity) 4. Qiyas (analogy) 9. Istidlal (public welfare or interest) 5. Ijtihad (independent reasoning) 10. Extraneous sources: legislation, legal maxims, ada or custom and usages Division of Science of Islamic Jurisprudence Islamic jurisprudence is divided into two main parts. ○ 1st: focuses on religious observances related to the hereafter, such as belief, prayer, almsgiving, fasting, and pilgrimage. ○ 2nd: deals with worldly matters and is divided into three sections: Criminal Law – Covers crimes like murder, theft, fornication, drinking, and libel, along with their punishments Family Law – Includes marriage, divorce, alimony, child custody, inheritance, and other personal status issues. Transactions – Involves property rights and contracts, covering sales, loans, partnerships, damages, and related matters. AHMED T. – COTSU JD1A 4  Shari’ah vs. Fiqh ○ Shari'ah is broader, encompassing all human actions and based on divine revelation (Qur'an and Hadith) ○ Fiqh is narrower, focusing on legal actions and relying on human reasoning to interpret divine knowledge While Shari'a categorizes actions into varying degrees of approval or disapproval, Fiqh classifies them as either permissible or not. Fiqh vs. Ilm ○ Fiqh refers to the science of Islamic law, governing human behavior in various spheres, primarily related to legal matters. It involves the application of understanding to deduce legal rulings. ○ Ilm (knowledge) initially held a similar meaning to fiqh but eventually became more focused on the knowledge of traditions (Hadith) and reports. While fiqh is the exercise of legal reasoning, ilm is more concerned with the preservation and transmission of knowledge, particularly regarding religious texts Usul Al-Fiqh vs. Furu Al-Fiqh ○ Usul Al-Fiqh is the study of the principles or roots of Islamic law, focusing on the sources (Qur'an, Sunnah, Ijma, and Qiyas) and the methodology of their application. ○ Furu Al-Fiqh It is the doctrine of the branches, e.g., applied Fiqh. Deals with the practical application of these rulings, elaborating on specific laws and their execution in real-life scenarios. Definition of Usul Al-Fiqh ○ literally means intelligence, knowledge, discernment. ○ Asl = source, Usul = root, origin ○ the science of the principles and methodology used to derive Islamic legal rulings from their sources. Fiqh vs. Usul Al-Fiqh ○ Fiqh is the science of detailed legal rulings on practical matters, covering personal, civil, and criminal law. ○ Usul Al-Fiqh is the methodology behind the fiqh, the framework that determines how legal rules are derived from foundational sources Qawa’id al-Fighhiyyah (Maxims of Fiqh) ○ broad legal principles derived from fiqh that guide the application of specific rulings across various areas of law. AHMED T. – COTSU JD1A 5  Objectives or Aims of Usul Al-Fiqh ○ primary aim of Usul al-Fiqh is to regulate ijtihad and guide jurists in deriving laws from the Quran, Hadith, ijma, and qiyas ○ helps jurists understand the sources of Shari'ah, apply methods like qiyas and istihsan, and evaluate the strength of ijtihad rulings ○ provides guidelines for determining appropriate Islamic rulings on individual actions and serves as a reference for judges, jurists, and legal consultations. HISTORY AND DEVELOPMENT OF ISLAMIC LAW AND JURISPRUDENCE Islamic Legal History and Legal Culture ○ Foundational Texts and Sources: Qur’an Hadith ○ Early Development: Prophetic Era: establishment of legal norms during the lifetime of the Prophet Muhammad. Companion Era: role of the Prophet’s companions in interpreting and implementing Islamic law after his death. ○ Formation of Legal Schools: Madhabs: The emergence of various schools of thought (Hanafi, Maliki, Shafi'i, Hanbali) that developed distinct methodologies for interpreting Shari'ah based on different principles and contexts. Stages of Development of the Shari’ah Legal System ○ 1st Period: The Period of Divine Legislation encompassing the lifetime of the Prophet, when foundational principles of Islamic law were established. ○ 2nd Period: The Period of the Four Rightly Guided Caliphs marked by the consolidation and implementation of Islamic law under the first four caliphs. ○ 3rd Period: The Period of the Umayyad Caliphate characterized by the expansion of Islamic rule and the further development of legal interpretations. ○ 4th Period: The Period of the Abbasid Caliphate (4 Sunni Schools) known for the establishment of the four Sunni schools of Islamic jurisprudence (madhahib). ○ 5 Period: The Period of the Mustawjihun jurists th during which significant juristic contributions emerged and Islamic law continued to evolve. AHMED T. – COTSU JD1A 6  ○ 6th Period: The Period of the Mugallidun jurists marked by the adherence to established legal schools and methods in Islamic jurisprudence. ○ 7th Period: The Period of Commentators and Annotators beginning after the abolition of the caliphate, which is ongoing and characterized by modern interpretations and analyses of Shari'ah. Some Philosophical and Theoretical Sects in Islamic History ○ 1. Kharijites (‫)اﻟﺨﻮارج‬ Emerging from the first civil war (fitnah) following the Battle of Siffin, the Kharijites split from Ali’s camp when he agreed to arbitration with Muawiyah. They held an extreme belief that any Muslim who committed a major sin was no longer a believer (kafir) and could be justifiably killed. Their rigid interpretation of Islam and rejection of compromise led to significant influence in Islamic history, inciting various rebellions and conflicts despite their small numbers. ○ 2. Murji'ites (‫)اﻟﻤﺮﺟﺌﺔ‬ The Murji'ites arose in response to the Kharijites' extremism. Their name, derived from "irja'" meaning "postponement," reflects their belief in deferring judgment on sinners. They posited that faith alone suffices for salvation and that only Allah can determine a true believer. This lenient view countered Kharijite severity and emphasized divine mercy, influencing later theological debates. ○ 3. Mu'tazilites (‫)اﻟﻤﻌﺘﺰﻟﺔ‬ The Mu'tazilites emerged in the 8th century, inspired by Greek philosophy, and were known as the "people of justice and unity." They emphasized rational thought in interpreting the Quran and Hadith, advocating for free will and human accountability. They controversially believed that the Quran was created rather than eternal. Although their ideas were eventually labeled heretical by mainstream Sunni scholars, they significantly shaped Islamic thought, particularly during the Abbasid Caliphate. ○ 4. Shi'ites (‫)اﻟﺸﯿﻌﺔ‬ Shi'ism began as a political movement supporting Ali, the cousin and son- in-law of Prophet Muhammad (PBUH), as the rightful leader of the Muslim community. Central to Shi'ite belief is the concept of the Imamate, which asserts that Imams are divinely appointed leaders with both spiritual and temporal authority. This branch of Islam has developed into distinct sects, the largest being the Twelvers (Ithna Ashari). The Sunni-Shi'a divide remains one of the most significant in the Muslim world. AHMED T. – COTSU JD1A 7  ○ 5. Sunnis (‫)أھﻞ اﻟﺴﻨﺔ‬ Sunni Islam, the largest branch of Islam, developed in contrast to Shi'ism, recognizing the legitimacy of the first four caliphs and emphasizing community consensus (Ijma') as a source of authority. Sunni theology is based on the Quran, Hadith, and scholarly consensus, rejecting the notion of a divinely appointed line of Imams. Sunni Islam has become the predominant interpretation globally, with the majority of Muslims adhering to its teachings and legal frameworks 6. OTHER SECTS: Jabariyyah (Jabarites) Believed human actions are predetermined by God, and individuals lack control over their deeds. Supported by some Umayyad rulers to justify their political actions and maintain legitimacy, despite their crimes. Argued that rulers’ actions, even wrongful ones, were sanctioned by divine will. Qadariyya Advocated free will, opposing predestination, claiming humans can choose between right and wrong. Rejected Umayyad claims of divine rule and supported the Abbasid revolution. Traced ideological roots to Hasan al-Basri. Sufism (Islamic Mysticism) Emerged in the 8th century, emphasizing inner spirituality over outward conformity. Tolerated diversity and blended elements from other traditions, contrasting with stricter Islamic groups. Faced opposition from some Muslims, including accusations of deviation and heresy. SUNNI MADHAHIB (ISLAMIC SCHOOLS OF LAW) 1. Hanafi School (‫)اﻟﺤﻨﻔﯿﺔ‬ ○ Founder: Imam Abu Hanifa (d. 767 CE) ○ Known for its use of reason and analogy (Qiyas) to derive legal rulings. ○ It is considered the most flexible and the most open to different interpretations. ○ It gives importance to local customs (Urf) and opinions (Ra'y). AHMED T. – COTSU JD1A 8  2. Maliki School (‫)اﻟﻤﺎﻟﻜﯿﺔ‬ ○ Founder: Imam Malik ibn Anas (d. 795 CE) ○ Places significant emphasis on the practices of the people of Madina as a source of law. ○ It relies heavily on Hadith and considers the consensus of the scholars of Madinah as authoritative. ○ It uses the principle of Istislah (public interest) in legal reasoning. 3. Shafi'i School (‫)اﻟﺸﺎﻓﻌﯿﺔ‬ ○ Founder: Imam Al-Shafi'i (d. 820 CE) ○ Systematized the principles of Usul al-Fiqh, laying the foundation for the science of Islamic jurisprudence. ○ It gives equal importance to the Quran, Sunnah, Ijma, and Qiyas. ○ The Shafi'i school is known for its strict adherence to textual evidence. 4. Hanbali School (‫)اﻟﺤﻨﺒﻠﯿﺔ‬ ○ Founder: Imam Ahmad ibn Hanbal (d. 855 CE) ○ Known for its strict reliance on the Quran and Hadith and minimal use of analogy (Qiyas) or personal opinion. ○ It rejects the use of Ijma' after the time of the Companions and opposes rationalist approaches. ○ It is considered the most conservative of the four Sunni schools. SOURCES OF ISLAMIC JURISPRUDENCE Meaning of Qur’an ○ Derived from "kurra" (read or recite). The Qur’an is regarded as the infallible word of God (kalāmullāh), containing guidance and divine law. It is both a moral and legal code, addressing human conduct, rights, and obligations. Revelations of the Qur’anic Verses ○ Revealed intermittently over 22 years. ○ Meccan (earlier, shorter verses) ○ Medinan (longer, focused on legal rulings). ○ Ashab Al-Nuzul (Causes of Revelation) ○ Verses were revealed due to specific events or questions. Knowing the causes is essential for interpreting their immediate meaning and application. These revelations were often narrated by the Prophet's companions. AHMED T. – COTSU JD1A 9  The Compilation of the Qur’anic Verses ○ The Qur’an was not collected during the Prophet’s lifetime but memorized and recorded on various materials. ○ After his death, Caliph Abu Bakr tasked Zayd ibn Thabit with compiling it into a single collection. ○ Later, Caliph Uthman ensured its unified version was distributed Division of the Qur’an ○ 114 chapters (suras) ○ 6,236 verses (ayats). ○ divided into suras and ayats during the Prophet's time ○ arranged in an order distinct from the sequence of revelation Ahkam in the Qur’an ○ the legal rulings derived from the Qur'an. ○ about 500 verses related to legal matters, ○ classified into different categories like family law, contracts, inheritance, criminal law, and human rights. ○ These form the basis of Islamic legal and ethical guidelines Classification of the Verses in the Qur’an ○ Verses about belief (Ilm-ul-Kalam): Related to matters of faith. ○ Verses concerning human conduct: Rules on the behavior of individuals, including obligations and prohibitions (Awamir wa Nawahi). ○ Verses on moral principles: Focused on ethical and moral teachings Classification of the Nature of the Qur’anic Verses ○ Muhkamat: Clear, definitive verses that do not require further interpretation, primarily relating to legal rulings. ○ Mutashabihat: Verses that are open to multiple interpretations, often concerning metaphysical matters. ○ General (Al-Am) and Special (Al-Khas): Some verses have broad application, while others are specific to particular situations or individuals. ○ Free (Mutlaq) and Bound (Muqayyad): Free verses do not have any conditions attached, while bound verses are tied to specific circumstances Qur’an, Its Subject, Central Theme and Aim ○ Subject: The Qur'an addresses all aspects of human life, aiming at success in this world and the afterlife. AHMED T. – COTSU JD1A 10  ○ Central Theme: It focuses on the exposition of reality and guiding humanity toward the right path, aligning with the divine laws that have been revealed to all messengers. ○ Aim: To provide a comprehensive guide to righteous living, fostering a just and peaceful society Qur’an as a Complete Code ○ The Qur'an is seen as a complete guide for human life, covering spiritual, moral, social, and legal aspects. While it lays down fundamental principles, the detailed implementation is guided by the Sunnah Ta’weel (Interpretation) of the Qur’an ○ Ta’weel refers to probing the inner meaning of the Qur'anic text. The goal is to understand the wisdom behind the text, especially when the meaning is not self-evident. It is used to derive rulings based on context, traditions of the Prophet, and logical inferences Rules on Interpretation of the Qur’an ○ Decisive (Muhkam) vs. Allegorical (Mutashabih) Verses: Decisive verses provide clear rules, while allegorical verses allow for multiple interpretations. ○ Textual Consistency: Interpretation should not create contradictions within the Qur'an. Decisive verses should be the basis, and allegorical verses should be interpreted in alignment with them. Rules on Interpretation of the Definitive (Qat’i) and the Speculative (Zanni) Text of the Qur’an ○ Definitive Texts (Qat’i): These are clear and allow only one interpretation, like inheritance rules (e.g., the husband’s share of his wife’s estate). ○ Speculative Texts (Zanni): These may have multiple interpretations, often requiring Ijtihad (analytical reasoning), supported by the Qur'an, Sunnah, or Ijma (consensus). Rules of Interpretation of the Literal (Haqiqi) and the Metaphorical (Mazazi) words of the Qur’an ○ The literal meaning is the default, but sometimes metaphorical meanings are applied when the literal interpretation leads to inconsistency with established doctrines. For example, the term Talaq AHMED T. – COTSU JD1A 11  (divorce) literally means "release" but is used metaphorically to signify the legal process of divorce. Rules of Interpretation of the Explicit (Mantuq) words, and the Implicit (Mafhum) words of the Qur’an ○ Mantuq: Refers to meanings that are directly stated. ○ Mafhum: Refers to meanings derived through logical inference. The Hanafi and Shafi’i schools differ on how much weight should be given to implicit meanings like Mafhum al- Mukhalafah (divergent meaning) and Mafhum al-Muwafaqah (harmonious meaning) - (1) The Explicit or Immediate Meaning (Ibarah Al- Nass) of the text; - (2) The Alluded Meaning (Isharah Al-Nass); - (3) The Inferred Meaning (Dalalah Al-Nass); - (4) The Required Meaning (Iqtida Al-Nass). Divergent Meaning (Mafhum al-Mukhalafah) and Harmonious Meaning (Mafhum al-Muwafaqah) ○ Mafhum al-Mukhalafah: refers to a meaning that diverges from the explicit meaning of the text. For example, the prohibition in the Qur’an about shedding blood implies the prohibition extends to blood not explicitly shed as well. ○ Mafhum al-Muwafaqah: refers to meanings in harmony with the explicit meaning, such as prohibitions or permissions that are logically extended from the original text. Meaning and types of Bayan (Elaboration) ○ Bayan is the explanation of terms in texts. The Sunnah often clarifies the Qur'an, and sometimes the Qur'an does the same. This process gives certain terms like "salat," "zakat," and "riba" specific legal meanings, which are consistently applied in legal interpretation. TYPES OF BAYAN: ○ Bayan Tagrir (Clarification of Meaning) - Provides elaboration for meanings already implied in the text, clearing up any ambiguity, especially with figurative (majaz) or general (amm) terms. ○ Bayan Tafsir (Detailed Explanation) - Offers details for unelaborated (mujmal) or unequivocal (mustarak) words in the text, enabling action on the command. Once clarified, the terms become mufassar (elaborated). ○ Bayan Taghyin (Elaboration by Exception) - Focuses on altering or making exceptions (istihna) in the meaning or application of the text. AHMED T. – COTSU JD1A 12  Tafsir (Exegesis) ○ Tafsir: The science of explaining and interpreting the Qur'an. 2 major types: Tafsir bil-Riwaya (Transmission): Based on reports from the Prophet and companions. Tafsir bil-Ray (Opinion): Based on logical deduction and the scholar's personal understanding, though it must align with established principles Isra ‘iliyat ○ Refers to the interpretations or explanations derived from Jewish or non-Islamic sources, which must be treated cautiously in Islamic exegesis due to the risk of inaccuracies. Translation of the Qur’an (Tarjama) Hadith ○ Refers to translating the meaning of the Qur'an into other languages. There was significant historical debate about whether the Qur'an could be translated. While the literal translation is deemed impossible, translating the meanings is permissible if it preserves the intent of the text Stages of Collection of the Hadith First Stage (During Prophet’s Lifetime) ○ The Prophet encouraged followers to preserve his sayings and actions (Hadith) by memory and occasionally writing. ○ Notable companions like Umar ibn Khatab, Aisha, and Abu Huraira preserved and transmitted Hadith. ○ Writing was limited due to the fear of mixing Hadith with the Quran. Second Stage (After the Prophet’s Death) ○ Hadith were referred to for legal and religious decisions. ○ Companions of the Prophet spread across the Muslim world, transmitting Hadith orally. ○ Verifying authenticity became critical, and Hadith gained broader circulation. Third Stage (Generation after Companions) ○ Hadith became public knowledge at various learning centers. ○ Written collection of Hadith became more common to preserve the large volume of material and chain of narrators. ○ No fear of confusion with the Quran at this point. AHMED T. – COTSU JD1A 13  Fourth Stage (Early Umayyad Period) ○ Caliph Umar Ibn Abdul Aziz ordered the formal collection of Hadith around 100 A.H. ○ This attempt was short-lived, but it sparked independent efforts for written compilations of Hadith. Fifth Stage (Mid-2nd Century to 3rd Century A.H.) ○ Compilation of Hadith became more systematic. Early works like Imam Malik's "Muwatta" appeared, focusing on local traditions. ○ The Musnad collections, organized by narrators, and the Jami (or Musannaf), organized by subject, became prevalent. ○ The "Sihah Sitta" (six reliable collections) were established, including Sahih Bukhari and Sahih Muslim, which are highly regarded in Sunni Islam. Final Stage (3rd Century A.H. and Beyond) ○ Sahih Bukhari is considered the most critical and thorough compilation, followed by Sahih Muslim. ○ Commentaries like Ibn Hajar’s Fath al-Bari further solidified the Hadith collections. The Two (2) Parts of the Methodology or Science of Transmission (Ilm al-Riwaya) ○ 1) Determining the chain (isnad) of transmission ○ 2) Ascertaining the mata (text), d real substance of the reported Hadith NOTES: Isnad/Sanad: Refers to the unbroken chain of narrators through which a Hadith is transmitted. Reliability: A Hadith is credible only if its isnad is continuous, with reliable narrators. Transmission: Narrators typically use phrases like "I heard," "He told us," etc., to report the Hadith. Verification: Scholars investigate each narrator (ridjal), focusing on their lives, relationships, truthfulness, and reliability. Al-djarh wa'l-ta'dil: The process of authenticating narrators, ensuring they meet moral, religious, and legal standards. Biographical Research: Scholars examine each narrator’s character, reputation for truthfulness, and ability to transmit Hadith accurately. AHMED T. – COTSU JD1A 14  Rules Observed in the Selection of Traditions ○ Narrative Continuity: Traditions should be transmitted across three periods: the Companions, their followers, and subsequent generations. ○ Narrator Qualifications: Narrators must be: Muslim Judicious and reliable (adil) Of sound mind Possessing a good memory Mature Of good moral character ○ Preference for Jurists: Narrations by jurists are preferred over those by non-jurists. ○ Reputation Matters: Traditions from well-known individuals are prioritized over those from obscure sources. ○ Consistency with Quran and Sunnah: Traditions must align with the Quran, established Sunnah, and practices of the Companions. ○ Common Sense: Narrations contradicting common sense are rejected. ○ Rejection of Innovations: Traditions promoting new theories or innovations are not accepted. ○ Conditions for Rejection: Contradiction to Strong Evidence: A tradition may be rejected if it contradicts: The Quran Established Sunna (mutawatir or mashur traditions) Denouncements by the Companions Defects in the Transmitter: Any flaws in the narrators' reliability can lead to rejection. Compilation of the Hadith (Al-Masanud and Al-Musannaf) ○ 2 methods of organizing Hadith collections. Al-Masanud Musnad collections, such as Imam Ahmad ibn Hanbal’s, were arranged by the narrator Al-Musannaf: Jami or Musannaf were classified based on subject matter Distinctions between Hadith and Sunnah ○ Hadith refers to the narrations concerning the sayings, actions, or approvals of the Prophet Muhammad ○ Sunnah encompasses the practices of the Prophet. Although closely related, Hadith is the narrative record of Sunnah, and the Sunnah is derived from Hadith AHMED T. – COTSU JD1A 15  Classifications of Hadith ○ Based on Content: Sunna al-Gauliya: Sayings of the Prophet. Sunna al-Fi'iliya: Actions of the Prophet. Sunna al-Tagririyya: Tacit approvals of the Prophet regarding the actions of others. ○ Based on Transmission (Isnad): Mutawatir (Continuous): Reported by many narrators, making falsehood impossible. Accepted universally across generations as authentic. Ahad (Isolated): Reported by fewer narrators and further divided into: Mashhur (Well-known): Less than two channels at each stage. Aziz (Strong): Also reported through fewer than two channels. Gharib (Strange): A single narrator at any stage. ○ Acceptance Criteria: Mutawatir: Accepted without scrutiny of narrators. Ahad: Further divided into: Magbul (Acceptable): ○ Sahih (Sound): Narrators are trustworthy, with an uninterrupted chain, no defects, and not contrary to the majority of Hadith. ○ Hasan (Fair): Lacks some conditions of Sahih but compensated by multiple transmitters. Mardud (Rejected): ○ Daif (Weak): Transmitted by unreliable narrators or with doubtful content. ○ Conditions for Rejection: ○ Subject Matter: Any Hadith contradicting the Quran, established Sunnah, consensus of the Muslim community, or common sense is rejected. ○ Transmission Defects: Marfu': Directly traced to the Prophet. Muttasil: Unbroken chain of narrators. Maqtu': Does not trace back to the Prophet. Mau'an'an: Lacks clear personal contact between narrators. Mu'allag (Suspended): Missing one or more narrators’ names. Mungata': Missing names from the middle. Mursal: Missing names from the end. AHMED T. – COTSU JD1A 16 ○ OTHER CLASSIFICATIONS OF HADITH Hadith-i Mursal: Quoted by one Sahabi without naming other transmitters. Hadith-i Musnad: Includes the Sahabi's name attributing it to Rasulullah; can be muttasil or munqati. Hadith-i Musnad-i Muttasil: Ascribed to Rasulullah with an unbroken chain of transmitters. Hadith-i Musnad-i Munqati: Has one or more missing transmitters after the Sahabi. Hadith Mawsool: A type of muttasil where the Sahabi states, “I have heard Rasulullah say so.” Hadith-i Mutawatir: Reported by many Sahabis and accepted as true; disbelief is considered kufr. Hadith-i Mashhur: Well-known in the second century, transmitted by multiple sources; disbelief is also kufr. Hadith-i Mawquf: Reported up to the Sahabi without claiming to quote Rasulullah directly. Hadith-i Sahih: Sound Hadith from reliable, knowledgeable transmitters. Khabar-i Ahad: Muttasil Hadith transmitted by one person. Hadith-i Mu'allag: Missing one or more first transmitters; includes mursal and munqati. Hadith-i Qudsi: Divine messages conveyed by Rasulullah. Hadith-i Qawi: Followed by reciting a Quranic verse. Hadith-i Nasikh: Said towards the end of the Prophet's life, abrogating earlier teachings. Hadith-i Mansukh: Earlier statements that were later changed. Hadith-i Am: General statements meant for all people. Hadith-i Khas: Specific statements directed at an individual. Hadith-i Hasan: Trustworthy transmitters with weaker memory compared to sahih narrators. Hadith-i Maqtu: Transmitted by Tabi'un with known transmitters up to them. Hadith-i Shadh: Heard from a Hadith scholar but not a primary source; generally accepted with caution. Hadith-i Gharib: Sahih Hadith transmitted by one person or one contradicting a known narrator. Hadith-i Da'if: Weak Hadith lacking reliability in transmitters. Hadith-i Mukham: Clear and does not need interpretation. Hadith-i Mutashabih: Requires interpretation due to ambiguity. Hadith-i Munfasil: Multiple missing transmitters in the chain. Hadith-i Mustafid: More than three transmitters in the chain. Hadith-i Mudarrib: Transmitted through inconsistent means. Hadith-i Merdud: Lacks meaning or validity in Hadith criteria. Hadith-i Muftari: Fabricated words of false claimants to prophecy. Hadith-i Mawdu: False Hadith not originating from Rasulullah, attributed by liars. Athar: Mawquf Hadith teaching specific practices. AHMED T. – COTSU JD1A 17  Rules on Abrogation (Naskh) ○ Naskh is the process by which a Shari'a ruling is abrogated by a later one to accommodate changing times or circumstances. ○ Occurs when two rulings are in conflict and cannot be reconciled, or ○ when a newer ruling explicitly repeals the earlier one Types of abrogation: Explicit (Sarih): When the abrogating text clearly repeals a ruling and replaces it with another. Implicit (Dimri): When there is doubt or uncertainty regarding whether the newer ruling completely abrogates the former Definition of Al-Naskh: Al-naskh refers to superseding or replacing a Shari'a rule with another due to changing circumstances, allowing legal progress. It applies when two laws are in conflict and cannot be reconciled, or one expressly repeals the other. o Purpose: The goal is to facilitate convenience for the community and ensure that the law adapts to the times while implementing Islamic principles. Four General Scenarios of Abrogation: 1. Abrogation of one Quranic text by another. 2. Abrogation of tradition (Hadith) by a Quranic text. 3. Abrogation of a Quranic text by a tradition. 4. Abrogation of one tradition by another. Nasikh: The abrogating text. Mansukh: The abrogated text. Views on Abrogation of Quranic Verses: Conflicting views exist among jurists regarding whether abrogation occurs only when verses cannot be reconciled or if it can be upheld in cases of apparent discrepancy. How Abrogation Occurs: Social reforms often require gradual changes rather than abrupt shifts. Revelations were made in a manner to allow the community to adapt. AHMED T. – COTSU JD1A 18 Importance of Knowledge: Understanding Al-Naskh is crucial for the correct application of Islamic laws and for interpreting the abrogating and abrogated verses. Identifying Nasikh and Mansukh: Determined through: 1. Reports from the Prophet or his companions. 2. Consensus (Ijma) among scholars. 3. Historical knowledge of the order of revelation. Types of Abrogation: 1. Explicit (Sarih): Clearly states the repeal. 2. Implicit (Dimri): Conflicts arise but lack clarity. o Further divided into:  Total abrogation (naskh kulli).  Partial abrogation (naskh ju'zi). Conditions for Abrogation: 1. The text must not preclude abrogation. 2. The subject matter should be open to repeal. 3. The abrogating text must be of later origin. 4. Both texts must have equal authenticity. 5. They must be in genuine conflict. Rules in Case of Conflicts: The text must be examined for Zahir (obvious) vs. Khafi (hidden) meanings, with rules of interpretation applied to resolve conflicts. AHMED T. – COTSU JD1A 19