Importance of Fiqh

• According to a hadeeth attributed to Ameer al-Mu’mineen, Imam Ali(A), the first Imam(A), anyone who follows Islam without the knowledge of fiqh is on the right path but is going in the wrong direction.
• In Islam, a lack of knowledge of fiqh (sharia / Islamic Jurisprudence / Practical Laws) is not an excuse for not following the tenets of Islam correctly.
• Lack of knowledge about fiqh regarding a good deed, can sometimes lead to punishment (adhaab) instead of reward (thawaab) from Allah, even though the intention may initially be good.  An example of this follows:
  • There is a story of a wife, who after the death of her husband, donated all his property and wealth to the poor, but she earned hellfire for herself because she didn’t know the rules of fiqh that stipulate that after her husband’s death, his property and wealth must be distributed to his heirs according to the Islamic Laws of Inheritance.

    According to fiqh, the wife gets only a small portion of her husband’s property and wealth.  After her husband’s death, she cannot even spend his money on his children, unless the husband has made her his wali (guardian) during his lifetime or through his will.

    Writing of a will (wasiyyah) is very important, especially for those living in the Western World.

    There are many other examples that can be cited, but now this will suffice.

• Charity in the way of Allah has great thawaab, but only if it done with your halal earnings.  Shaytaan acts very aggressively against those who give charity.
• Sadaqah (Voluntary Charity) is the best protection from the problems of this world and also the problems and trials of the hereafter (akhirah).
• Sadaqah becomes sadaqah and is effective only when it reaches the poor.  Collecting Sadaqah in a box on a daily basis has no effect of Sadaqah unless it reaches the poor immediately.
• How to get thawaab of Sadaqah if there are no poor where you live?  Knowledge of fiqh offers solutions to this problem.  There are three methods:
  • If you know some poor person overseas or anywhere whom you send money to on a monthly or regular basis, get permission from him that you will be sending Sadaqah on a monthly/quarterly/regular basis to him; or
  • Get permission from the Mujtahid (Religious Authority) or his Wakil (representative) for giving Sadaqah by collection in a box and sending it to the poor after a fixed duration.  This method can also be used for collection of Sadaqah at Islamic Centers or Masjid’s; or
  • Give an Islamic Loan (Qardh al-Hasanah) to some poor in a lump sum up front (in advance), then give Sadaqah (through your own intention) to that person from the Islamic Loan that you gave him, as and when required.  Therefore, through this method, the loan will gradually be written off through Sadaqah.

    The third method (above) is known in Arabic as “Ibra” and this method can be used for paying the Zakaat al-Fitra (The Compulsory Islamic Charity after the month of Ramadhan finishes), or the portion of Sehm-e-Sadaat (portion for the poor from the Prophet(S)’s descendents from Khums) in advance.

Conditions for Following Fiqh (Sharaet-e-Takleef-e-Shar’i)

• Acting on Fiqh is Wajib (mandatory) only if a person meets the four conditions outlined below:
  • Alive (Zinda)
  • Mature (Baligh)
  • Sane (Aaqil)
  • Capable (Akhtiyaar)
• If someone’s life is in danger, then all haraam (prohibited actions/things) becomes halal (permitted actions/things) and vice versa, with two exceptions:
  • Jihad is wajib (compulsory) even if one’s life is in danger
  • Killing another Muslim is haram (prohibited) even if one’s own life is in danger.
• Islam and knowledge of Fiqh are not the necessary conditions for a person for following the rules of Fiqh.
• Ahkaam (Laws) are of two types:
  • Hukm-e-Taklifi (Regarding thawaab or adhaab)
  • Hukm-e-Waz’ee (Regarding other characteristics and traits such as right and wrong)
• From a fiqh point of view, a girl becomes baligh (mature) at the age of 9 lunar years, even her monthly period has not yet started.  A boy becomes baligh at the age of 15 lunar years or at an earlier age if he starts discharging semen (Ehtilaam) and/or pubic hairs appear below his naval.
• If a non-baligh child offers salaat (prayers), sawm (fasting), etc he/she will get the thawaab of these acts if he is of such an age whereby he/she can distinguish between good and bad or right and wrong (mumayyaz in Arabic).
• It is wajib on the wali (guardian) to stop non-baligh children from certain major haraam (prohibited) actions and things, including but not limited to:
  • Alcohol
  • Pork
  • Haraam Meat (meat from an animal that isn’t slaughtered according to Islamic Teachings, or from an animal that is forbidden in terms of eating it’s meat)
  • Music (music that leads one away from Allah and towards evil character traits such as lust and debauchery, etc)
  • Stealing and others
• When a non-Shia becomes a Shia, he/she has to repay their zakaat and fitrah paid during the period they were non-Shia.  Why?  Because according to Shia Fiqh, the zakaat and fitrah must go to poor Shia.  However, they do not have to repeat their salaat (prayers), siyaam (fasts), hajj, etc performed earlier.
• When a non-Muslim becomes a Muslim, he/she does not have to offer the qadha (lapsed compensatory) of his salaat (prayers) or siyaam (fasts), that were missed during the time they were not Muslim.  But they do have to pay Khums and Zakaat on their previous year’s savings/items on the day they become a Muslim (if applicable).
• On the Day of Judgement, a non-Muslim/Kafir will get the punishment of not accepting Islam, and also for not offering the salaat (prayers), siyaam (fasts), etc during their life as a non-Muslim/Kafir.

These notes were taken on the Second Lecture on Fiqh by Maulana Sadiq Hasan(HA) at the Panjatan Center, Melbourne, Australia on Friday, February 23, 2001. 

It should be noted that the discussions here are based on the rulings of Ayatullah al-Udhma Sistani(HA), unless otherwise stated.  The official site for Ayatullah al-Udhma Sistani(HA) is http://www.sistani.org/.

 Importance of Fiqh

• Fiqh (Islamic Jurisprudence or Islamic Practical Legislature) means to understand the orders of Allah.
• Fiqh is the most important thing after belief in Allah, the Prophets(A) and the Aimmah(A).
• Getting knowledge of Fiqh is wajib (mandatory) on all Muslims
• According to the ahadeeth, if we do not acquire knowledge of fiqh, we may die as big kuffar (those who conceal the Truth, disbelievers), or as infamous hypocrites (munafeqeen (singular - munafeq)) - actual word used in the lecture was “a’araabi” (a term used to describe the pagan bedouin Arabs, and synonymous with hypocrisy and superficial character traits).
• Islam reminds us that our real life is the life hereafter; which is forever.  Our current life on this Earth, is nothing more than a short and temporary trial period, which we should be preparing in for the next and permanent and real life.  This life is a transit point, in our ultimate destination to heaven or hell.  This present life is a test period; that Allah may judge us based on who obeys and who rejects his commandments.
• Therefore it is necessary to understand and obey the orders of Allah (Allah’s Rules, or Laws - Fiqh)
• There are two sources from where the Islamic Legislature (Fiqh) is derived:
  • The Holy Quran
  • The Sunnah
• The Holy Quran is the Word of Allah, as revealed to the Prophet Muhammad(S), and the Sunnah means the sayings, actions and silent approvals of the Prophet Muhammad(S) and the Aimmah(A) from his family(A).  There are over 6,000 Quranic Ayaat (or Verses) and around 70,000 ahadeeth (traditions which make up the Sunnah).
• Both the Holy Quran and the Sunnah have equal status as far as wajibaat (mandatory actions/tasks) are concerned, if one wajibaat act is mentioned in the Sunnah alone, it has the same weight as a wajibaat mentioned in the Quran only.
• Dreams; wherein people say that they have seen the Prophet(S) or the Aimmah(A) appear, have no meaning in Fiqh, and cannot over rule laws of fiqh.  However, such dreams can support existing laws of fiqh.

Fundamentals of Islam

• There are THREE Usul-e-Islam
  • Tawheed (Unity of God, Monotheism)
  • Nubuwwah (Prophethood - sometimes referred to as Risalah)
  • Qiyamah (Judgement/Day of Judgement)
• There are TWO Usul-e-Eiman
  • Adalah (Justice of Allah / Divine Justice)
  • Imamah / Wilayah (Belief in the Aimmah al-Athaar(A) / Belief in the 12 Imams(A))
• A Muslim is one who believes in ALL THREE Usul-e-Islam and a Shia Muslim or Mu’min is one who believes in ALL FIVE Usul-e-Din (Three Usul-e-Islam PLUS Two Usul-e-Eiman)
• A kafir is one who does not believe in or who denies any of the following four concepts:
  • Tawheed (Monotheism / Unity of God)
  • Nubuwwah (Prophethood)
  • Qiyamah (Judgement)
  • Necessities of Religion (Established tenets of Islam).
• Necessities of religion are those things on which all Muslims agree as established commandments of Islam, for example:
  • Salaat (The Daily Prayer)
  • Sawn (Fasting in the month of Ramadhan)
  • Hajj (Pilgrimage to Makkah)
  • Hijab (Modesty - both for men as well as for women)
  • Finality of the Prophethood of Prophet Muhammad
  • and so on
• Any sect that might claim to be Muslim, cannot be Muslim if they reject any of these concepts; for example, a group that considers that there was a Prophet after Prophet Muhammad(S), as rejected the concept of Finality of Prophethood, as a result they cease to be within the scope of Islam.
• Furu-e-Din are wajib (mandatory) on a person who possesses these four conditions/qualities:
  • Alive (Zinda)
  • Mature (Baligh)
  • Sane (Aaqil)
  • Capable (Mukhtar)
• There are differences in Fiqh between the Shia and Sunni Islam, an example of such a difference is: In Sunni Fiqh, eating the meat of Rabbits and Crabs is halal (permitted), whereas in Shia Fiqh, they are haraam (forbidden).

These notes were taken on the First Lecture on Fiqh by Maulana Sadiq Hasan(HA) at the Panjatan Center, Melbourne, Australia on Friday, February 16, 2001. 

It should be noted that the discussions here are based on the rulings of Ayatullah al-Udhma Sistani(HA), unless otherwise stated.  The official site for Ayatullah al-Udhma Sistani(HA) is http://www.sistani.org/.