by GF Haddad

{He gives wisdom to whomever He will, and whoever receives wisdom receives immense good} (2:269). "He for whom Allâh desires great good, He grants him (superlative) understanding in the Religion (yufaqqihhu/yufqihhu fî al-dîn). I only distribute and it is Allâh Who gives. That group shall remain in charge of the Order of Allâh, unharmed by those who oppose them, until the coming of the Order of Allâh."1

Imâm al-Shâfi`î said: "You [the scholars of h.adîth] are the pharmacists but we [the jurists] are the physicians." Mullâ `Alî al-Qârî commented: "The early scholars said: The h.adîth scholar without knowledge of fiqh is like a seller of drugs who is no physician: he has them but he does not know what to do with them; and the fiqh scholar without knowledge of h.adîth is like a physician without drugs: he knows what constitutes a remedy, but does not have it available."2

Imâm Ah.mad is related by his students Abû T.âlib and H.umayd ibn Zanjûyah to say: "I never saw anyone adhere more to h.adîth than al-Shâfi`î. No one preceded him in writing down h.adîth in a book." The meaning of this is that al-Shâfi`î possessed the intelligence of h.adîth after which Ah.mad sought, as evidenced by the latter's statement: "How rare is fiqh among those who know h.adîth!" This is a reference to the h.adîth: "It may be one carries understanding (fiqh) - meaning: memorizes the proof-texts of fiqh - without being a person of understanding (faqîh)."3 The Salaf and Khalaf elucidated this rule in many famous statements showing that, for all the exalted status of the Muh.addith, yet the Faqîh excels him:

* Ibn Abî Zayd al-Mâlikî reports Sufyân ibn `Uyayna as saying: "H.adîth is a pitfall (mad.illa) except for the fuqahâ'," and Mâlik's companion `Abd Allâh ibn Wahb said: "H.adîth is a pitfall except for the Ulema. Every memorizer of h.adîth that does not have an Imâm in fiqh is misguided (d.âll), and if Allâh had not rescued us with Mâlik and al-Layth [ibn Sa`d], we would have been misguided."4
Ibn Abî Zayd comments: "He [Sufyân] means that other than the jurists might take something in its external meaning when, in fact, it is interpreted in the light of another h.adîth or some evidence which remains hidden to him; or it may in fact consist in discarded evidence due to some other [abrogating] evidence. None can meet the responsibility of knowing this except those who deepened their learning and obtained fiqh." Imâm al-Haytamî said something similar.5
Ibn Wahb is also reported to say: "I met three hundred and sixty learned people of knowledge but, without Mâlik and al-Layth, I would have strayed."6
Another versions states: "Were it not for Mâlik ibn Anas and al-Layth ibn Sa`d I would have perished; I used to think everything that is [authentically] related from the Prophet - Allâh bless and greet him - must be put into practice."7
Another version has: "I gathered a lot of h.adîths and they drove me to confusion. I would consult Mâlik and al-Layth and they would say to me, 'take this and leave this.'"8 Ibn Wahb had compiled 120,000 narrations according to Ah.mad ibn S.âlih..9
Hence, Ibn `Uqda replied to a man who had asked him about a certain narration: "Keep such h.adîths to a minimum for, truly, they are unsuitable except for those who know their interpretation. Yah.yâ ibn Sulayman narrated from Ibn Wahb that he heard Mâlik say: 'Many of these h.adîths are [a cause for] misguidance; some h.adîths were narrated by me and I wish that for each of them I had been flogged with a stick twice. I certainly no longer narrate them!'"10
By his phrase, "Many of these h.adîths are misguidance," Mâlik means their adducing them in the wrong place and meaning, because the Sunna is wisdom and wisdom is to place each thing in its right context.11

* Ibn al-Mubârak said: "If Allâh had not rescued me with Abû H.anîfa and Sufyân [al-Thawrî] I would have been like the rest of the common people." Al-Dhahabî relates it as: "I would have been an innovator."12

* Imâm Ah.mad's teacher, Yah.yâ ibn Sa`îd al-Qat.t.ân, despite his foremost status as the Master of h.adîth Masters and expert in narrator-recommendation and discreditation, would not venture to extract legal rulings from the evidence but followed in this the fiqh of Abû H.anîfa as he explicitly declared: "We do not belie Allâh. We never heard better than the juridical opinion (ra'î) of Abû H.anîfa, and we followed most of his positions."13
Similarly, Muh.ammad ibn `Abd Allâh ibn `Abd al-H.akam said: "If it were not for al-Shâfi`î I would not have known how to reply to anyone. Because of him I know what I know."14 As for Muh.ammad ibn Yah.yâ al-Dhuhlî (d. 258) of Khurâsân, whom Abû Zur`a ranked above Imâm Muslim and who is considered an Amîr al-Mu'minîn fî al-H.adîth ("Commander of the Faithful in the Science of H.adîth"), he never considered himself a non-muqallid but said: "I have made Ah.mad ibn H.anbal an Imâm in all that stands between me and my Lord."15 Mis`ar ibn Kidâm said the same with regard to Imâm Abû H.anîfa.16

* Fiqh is the context of Mâlik's statement: "Wisdom and knowledge are a light by which Allâh guides whomever He pleases; it does not consist in knowing many things"17 and al-Shâfi`î's: "Knowledge is what benefits. Knowledge is not what one has memorized."18
Similarly, al-Dhahabî defined knowledge in Islâm (al-`ilm) as "Not the profusion of narration, but a light which Allâh casts into the heart. Its condition is followership (ittibâ`) and the flight away from egotism (hawâ) and innovation."19 All this elucidates al-H.asan al-Bas.rî report that the Prophet said: "The purpose and energy of the Ulema is towards addressing needs while the purpose and energy of fools is to narrate" (himmat al-`ulamâ' al-ri`âya wa himmat al-sufahâ' al-riwâya).20

* Wakî` preferred long-chained narrations through the fuqahâ' to short-chained ones through non-fuqahâ' and said: "The h.adîth current among the jurists is better than the h.adîth that is current among the h.adîth scholars."21
This is a foundational rule in the School of Imâm Abû H.anîfa. Like Yah.yâ al-Qat.t.ân, Wakî` did not make ijtihâd but followed the positions of Abû H.anîfa.22

* Al-A`mash (Abû Muh.ammad Sulaymân ibn Mahrân al-Asadî the Tâbi`î 61/-148) also said: "The h.adîth that jurists circulate among themselves is better than that which h.adîth narrators circulate among themselves."23

* Ibn Rajab said that Abû Dâwûd in his Sunan was more concerned with the jurisprudence of the h.adîth than with its chains of transmission.24

* Sufyân al-Thawrî used to say to the h.adîth scholars: "Come forward, O weak ones!"25 He also said: "If h.adîth were a good thing it would have vanished just as all goodness has vanished," and "Pursuing the study of h.adîth is not part of the preparation for death, but a disease that preoccupies people." Al-Dhahabî commented: "He said this verbatim. He is right in what he said because pursuing the study of h.adîth is other than the h.adîth itself."26

* Sufyân also said: "The explanation (tafsîr) of the h.adîth is better than the h.adîth."27 Another wording has: "The explanation of the h.adîth is better than its audition."28 Abû `Alî al-Naysabûrî said: "We consider understanding superior to memorization."29

* Ish.âq ibn Râhûyah said: "I would sit in Iraq with Ah.mad ibn H.anbal, Yah.yâ ibn Ma`în, and our companions, rehearsing the narrations from one, two, three routes of transmission... But when I said: What is its intent? What is its explanation? What is its fiqh? They would all remain mute except Ah.mad ibn H.anbal."30

* The perspicuity and fiqh of Abû Thawr among the h.adîth Masters is famous. A woman stood by a gathering of scholars of h.adîth comprising Yah.yâ ibn Ma`în, Abû Khaythama, Khalaf ibn Salim, and others. She heard them saying: "The Prophet said," and "So-and-so narrated," and "No one other than So-and-so narrated," etc. Whereupon she asked them: "Can a woman in her menses wash the dead?" for that was her occupation. No one in the entire gathering could answer her, and they began to look at one another.
Abû Thawr arrived, and they referred her to him. She asked him the same question and he said: "Yes, she can wash the dead, as per the h.adîth of al-Qâsim from `A'isha: 'Your menses are not in your hand,'31 and her narration whereby she would scrub the Prophet's hair at a time she was menstruating.32 If the head of the living can be washed [by a woman in her menses], then a fortiori the dead!"
Hearing this, the h.adîth scholars said: "Right! So-and-so narrated it, and So-and-so told us, and we know it from such-and-such a chain," and they plunged back into the narrations and chains of transmission.
The woman said: "Where were you all until now?"33

* Ibn `Abd al-Barr cites Imâm Ah.mad as saying: "From where does Yah.yâ ibn Ma`în know al-Shâfi`î? He does not know al-Shâfi`î nor has any idea what al-Shâfi`î says!"34 Ibn Râhûyah similarly conceded defeat before al-Shâfi`î's jurisprudence although himself reputed for fiqh.35

* `Abd al-Razzâq al-S.an`ânî, Sufyân's contemporary, was the teacher of the pillars of h.adîth memorization in their time - Ah.mad, Ibn Râhûyah, Ibn Ma`în, and Muh.ammad ibn Yah.yâ al-Dhuhlî. Yet when Muh.ammad ibn Yazîd al-Mustamlî asked Ah.mad: "Did he [`Abd al-Razzâq] possess fiqh?" Ah.mad replied: "How rare is fiqh among those who know h.adîth!"36

* Anas ibn Sîrîn said: "I came to Kûfa and found in it 4,000 persons pursuing h.adîth and 400 persons who had obtained fiqh."37

* Ibn `Abd al-Salâm said: "The majority of h.adîth scholars are ignorant in fiqh."38 A majority of 90" according to Anas ibn Sîrîn - among the Salaf!

* Al-Dhahabî said: "The majority of the h.adîth scholars have no understanding, no diligence in the actual knowledge of h.adîth, and no fear of Allâh regarding it."39 All of the authorities al-Dhahabî listed as "those who are imitated in Islâm" are Jurisprudents and not merely h.adîth masters.

* Al-Sakhâwî in his biography of Ibn H.ajar entitled al-Jawâhir wa al-Durar relates similar views:

Al-Fâriqî said: "One who knows chains of h.adîth but not the legal rulings derived from them cannot be counted among the Scholars of the Law." His student Ibn Abî `As.rûn (d. 585) also followed this view in his book al-Intis.âr.40

* Ibrâhîm al-Nakha`î said: "Truly, I hear a h.adîth, then I see what part of it applies. I apply it and leave the rest."41 Shaykh Muh.ammad `Awwâma said: "Meaning, what is recognized by the authorities is retained while anything odd (gharîb), anomalous (shâdhdh), or condemned (munkar) is put aside." Yazîd ibn Abî H.abîb said: "When you hear a h.adîth, proclaim it; if it is recognized, [keep it,] otherwise, leave it."42

* Ibn Abî Laylâ said: "A man does not understand h.adîth until he knows what to take from it and what to leave."43

* `Abd al-Rah.mân ibn Mahdî, the Commander of the believers in H.adîth, said: "It is impermissible for someone to be an Imâm [i.e. to be imitated] until he knows what is sound and what is unsound and until he does not take everything [sound] as evidence, and until he knows the correct way to infer knowledge [in the Religion]."44

* Al-Shâfi`î narrated that Mâlik ibn Anas was told: "Ibn `Uyayna narrates from al-Zuhrî things you do not have!" He replied: "Why, should I narrate every single h.adîth I heard? Only if I wanted to misguide people!"45

Shaykh `Abd al-Fattâh. Abû Ghudda mentioned some of the above examples and commented: "If the likes of Yah.yâ al-Qat.t.ân, Wakî` ibn al-Jarrâh., `Abd al-Razzâq, Yah.yâ ibn Ma`în, and those who compare with them, did not dare enter into ijtihâd and fiqh, then how rash are the claimants to ijtihâd in our time! On top of it, they call the Salaf ignorant without the least shame nor modesty! Allâh is our refuge from failure."46

BLESSINGS AND PEACE ON THE PROPHET

his Family, his Companions, the Four Imâms, and those who imitate them until the Day of Judgment.

1H.adîth of the Prophet narrated from Mu`âwiya by al-Bukhârî and Muslim.

2Al-Qârî, Mu`taqad Abî H.anîfata al-Imâm fî Abaway al-Rasûl `Alayhi al-S.alât wa al-Salâm (p. 42).

3A nearly-mass-narrated (mashhûr) sound h.adîth of the Prophet - Allâh bless and greet him - reported from several Companions by al-Tirmidhî, Abû Dâwûd, Ibn Mâjah, and Ah.mad.

4Ibn Abî H.âtim in the introduction of al-Jarh. wa al-Ta`dîl (p. 22-23); Ibn Abî Zayd, al-Jâmi` fî al-Sunan (p. 118-119); Ibn `Abd al-Barr, al-Intiqâ' (p. 61); al-Dhahabî. See Shaykh `Abd al-Fattah Abû Ghudda's comments on this statement in his notes on al-Lacknawî's al-Raf` wa al-Takmil (2nd ed. p. 368-369, 3rd ed. p. 90-91).

5In al-Fatâwâ al-H.adîthiyya (p. 283).

6Narrated by Ibn H.ibbân in the introduction to al-Majrûh.în (1:42). He then narrates from Ibn Wahb a similar statement where he adds the names of `Amr ibn al-H.ârith and Ibn Mâjishûn.

7Narrated by Ibn `Asâkir and al-Bayhaqî cf. Ibn Rajab, Sharh. al-`Ilal (1:413) and `Awwâma (p. 76).

8Narrated by Qâd.î `Iyâd.. in Tartîb al-Madârik (2:427).

9In Ibn al-Subkî, T.abaqât al-Shâfi`iyya al-Kubrâ (2:128).

10Narrated by al-Khat.îb, al-Faqîh wal-Mutafaqqih (2:80).

11Shaykh Ismâ`îl al-Ans.ârî as quoted by `Awwâma, Athar (p. 77).

12Ibn H.ajar, Tahdhîb al-Tahdhîb (10:449-452 #817) and al-Dhahabî's Manâqib Abî H.anîfa.

13Narrated by al-Dhahabî in Tadhkirat al-H.uffâz. (1:307) and Ibn H.ajar in Tahdhîb al-Tahdhîb (10:450). 16Cf. Ibn Abî al-Wafâ, last page of the Karachi edition of al-Jawâhir al-Mud.iyya.

14Narrated by Ibn `Abd al-Barr in al-Intiqâ' (p. 124).

15Narrated by al-Dhahabî in the Siyar (10:205).

16Cf. Ibn Abî al-Wafâ, last page of the Karachi edition of al-Jawâhir al-Mud.iyya.

17In Ibn `Abd al-Barr, Jâmi` Bayân al-`Ilm (1:83-84), al-Qâd.î `Iyâd.., Tartîb al-Madârik (2:62), al-Shât.ibî, al-Muwâfaqât (4:97-98).

18"The Knowledge That Benefits is That Whose Rays Expand in the Breast and Whose Veil is Lifted in the Heart." Ibn `At.â' Allâh, H.ikam (#213).

19Siyar (10:642).

20Narrated mursal from al-H.asan by Ibn `Asâkir in his Târîkh and al-Khat.îb in al-Jâmi` li Akhlâq al-Râwî (1983 ed. 1:88 #27) cf. al-Jâmi` al-S.aghîr (#9598) and Kanz (#29337).

21Cited by al-Dhahabî in the Siyar (al-Arna'ût. ed. 9:158, 12:328-329).

22Cf. al-Dhahabî, Tadhkirat al-H.uffâz. (1:307) and Ibn H.ajar in Tahdhîb al-Tahdhîb (11:126-127).

23In al-Sakhâwî, al-Jawâhir wa al-Durar (p. 21).

24Ibn Rajab, Sharh. `Ilal al-Tirmidhî (1:411).

25Cited from Zayd ibn Abî al-Zarqa' by al-Dhahabî, Siyar (al-Arna'ût. ed. 7:275).

26Al-Sakhâwî, al-Jawâhir wa al-Durar (p. 20-23).

27Narrated by al-Harawî al-Ans.ârî in Dhamm al-Kalâm (4:139 #907).


28In Ibn `Abd al-Barr, Jâmi` Bayân al-`Ilm (2:175).

29In al-Dhahabî, Tadhkirat al-H.uffâz. (2:776).

30Narrated by Ibn Abî H.âtim in the introduction to his al-Jarh. wa al-Ta`dîl (p. 293), Ibn al-Jawzî in Manâqib al-Imâm Ah.mad (p. 63), and al-Dhahabî in Târîkh al-Islâm (chapter on Ah.mad).

31In Muslim and the Four Sunan. 32In al-Bukhârî and Muslim.

33Ibn al-Subkî in T.abaqât al-Shâfi`iyya, al-Sakhâwî in his introduction to al-Jawâhir wa al-Durar, and al-Haytamî in his Fatâwâ H.adîthiyya (p. 283). Something similar is narrated of Ah.mad by Ibn Rajab in his Dhayl T.abaqât al-H.anâbila (1:131) and al-`Ulaymî in al-Manhaj al-Ah.mad (2:208).

34Ibn `Abd al-Barr, Jâmi` Bayân al-`Ilm (2:160).

35Ish.âq ibn Ibrâhîm ibn Makhlad, known as Ish.âq ibn Râhûyah or Râhawayh, Abû Ya`qûb al-Tamîmî al-Marwazî al-Hanzali (d. 238), one of the major h.adîth Masters. Abû Qudâma considered him greater than Imâm Ah.mad in memorization of h.adîth, a remarkable assessment considering Ah.mad's knowledge of 700,000 to a million narrations according to his son `Abd Allâh's and Abû Zur`a al-Râzî's estimations. He once said of himself: "I never wrote anything except I memorized it, and I can now see before me more than 70,000 h.adîths in my book"; "I know the place of 100,000 h.adîths as if I were looking at them, and I memorize 70,000 of them by heart - all sound (s.ah.îh.a) - and 4,000 falsified ones." [Narrated by al-Khat.îb in al-Jâmi` li Akhlâq al-Râwî (2:380-381 #1832-1833).]
He did not reach the same stature in fiqh. Al-Bayhaqî and others narrate that he unsuccessfully debated al-Shâfi`î on a legal question, as a result of which the latter disapproved of his title as the "jurisprudent of Khurâsân." To a Jahmî scholar who said: "I disbelieve in a Lord that descends from one heaven to another heaven," Ibn Râhûyah replied: "I believe in a Lord that does what He wishes." [Narrated by al-Dhahabî who identifies the scholar as Ibrâhîm ibn (Hishâm) Abî S.âlih. in Mukhtas.ar al-`Uluw (p. 191 #234).] Al-Bayhaqî comments: "Ish.âq ibn Ibrâhîm al-Hanzali made it clear, in this report, that he considers the Descent (al-nuzûl) one of the Attributes of Action (min s.ifât al-fî`l). Secondly, he spoke of a descent without `how'. This proves he did not hold displacement (al-intiqâl) and movement from one place to another (al-zawâl) concerning it." [See post titled, "The `Descent' of Allâh Most High".] Sources: Ibn Abî Ya`lâ, T.abaqât al-H.anâbila (1:6, 1:184); al-Bayhaqî, Manâqib al-Shâfi`î (1:213) and al-Asmâ' wa al-S.ifât (2:375-376 #951); al-Dhahabî, Siyar (9:558 #1877); Ibn al-Subkî, T.abaqât al-Shâfi`iyya al-Kubrâ (2:89-90, 9:81).

36Narrated by Abû Ya`lâ in T.abaqât al-H.anâbila (1:329) and cited by Shaykh Abû Ghudda in his introduction to Muh.ammad al-Shaybânî's Muwat.t.a' and his short masterpiece al-Isnâd min al-Dîn (p. 68).

37Narrated by al-Râmahurmuzî in al-Muh.addith al-Fâs.il (p. 560).

38Ibn `Abd al-Salâm, al-Fatâwâ al-Maws.iliyya (p. 132-134).

39In al-Sakhâwî, al-Jawâhir wa al-Durar (p. 18).

40Al-Sakhâwî, al-Jawâhir wa al-Durar (p. 20-23).

41Narrated from Ibn Abî Khaythama by Abû Nu`aym in the H.ilya (4:225) and Ibn Rajab in Sharh. `Ilal al-Tirmidhî (1:413).

42In Ibn Rajab, Sharh. `Ilal al-Tirmidhî (1:413).

43In Ibn `Abd al-Barr, Jâmi` Bayân al-`Ilm (2:130).

44Narrated by Abû Nu`aym in the H.ilya (9:3).

45Narrated by al-Khat.îb in al-Jâmi` li Akhlâq al-Râwî (2:109).

46Abû Ghudda, al-Isnâd min al-Dîn (p. 68). He means by his remarks al-Albânî and others of his ilk. Abû Ghudda's student, Shaykh Muh.ammad `Awwâma, listed several examples of this rule of the Salaf in his Athar al-H.adîth al-Sharîf fî Ikhtilâf al-A'immat al-Fuqahâ' ("The Mark of the Noble H.adîth in the Differences of the Imâms of Jurisprudence").

GF Haddad ©
Qasyoun@ziplip.com

As Salamu Alaikum  

 

Can someone explain in layman's terms the difference/similarity between Fiqh and Fatawas

 

Thanks

Bi ismillahir rahmanir raheem

assalamu alaikum

>>>The superiority of fiqh over hadith and hadith over fiqh<<<

That would contradict it self br, esentially yes fiqh needs ahadith but no one is arguing that point becouse that is the lesser danger of the two. The real danger is in trying to interprate the ahadith for your self or even worse come up with your own fatwa by simply reading the hadith and quran with out looking at many other factors like language, context, abrogation, conditions on what rasul allah(sallah llahu alaihi wa sallam) said, how your ruling may contradict other things in the quran and sunnah...etc

>>>Can someone explain in layman's terms the difference/similarity between Fiqh and Fatawas<<<

Fatwa: legal opinion concerning Islamic Law.

Fiqh:The meaning of the word fiqh is understanding, comprehension, knowledge, and jurisprudence (The philosophy or science of law) in Islam. A jurist is called a Faqih who is an expert in matters of Islamic legal matters.

A Faqih is to pass verdicts within the rules of the Islamic Law namely Shariah.

The most famous scholars of Fiqh in the history Muslims are the founders of the four schools of thought in Islam: Imam Malik, Imam Ash-Shafi'i, Imam Abu Hanifah, and Imam Ahmad.

Anything or action in Islam falls within the following five categories of Fiqh:

1. Fardh (Must): This category is a must for the Muslim to do such as the five daily prayers. Doing the Fardh counts as a good deed, and not doing it is considered a bad deed or a sin.

   It is also called Wajib except for Imam Abu Hanifah who makes Wajib a separate category between the Fardh and the Mubah.

2. Mandub (Recommended): This category is recommended for the Muslim to do such as extra prayers after Zuhr and Maghrib. Doing the Mandub counts as a good deed and not doing it does not count as a bad deed or a sin.
3. Mubah (Allowed): This category is left undecided and left for the person, such as eating apples or oranges. Doing or not doing the Mubah does not count as a good or bad deed.

   Intention of the person can change Mubah to Fard, Mandub, Makruh, or Haram.

   Other things could also change the status of the Mubah. For example, any Mubah becomes Haram if it is proven harmful, and any necessary thing to fulfill a Fardh is a Fardh too.

4. Makruh (Hated): This category is a detested and hated such as growing fingernails or sleeping on the stomach. Not doing the Makruh counts as a good deed and doing it does not count as a bad deed.
5. Haram (Prohibited): This category is prohibited for the Muslim to do such as stealing and lying. Doing the haram counts as a bad deed and not doing it counts as a good deed.

Imam Abu Hanifah also puts another category between the Makruh and the Haram. It is called Karahah Tahrimiyyah which means hated almost to the level of Haram.

Basicaly Fiqh is the Philosophy or science of Law it self.

we also have Usul al Fiqh which is Methodology in Islamic Jurisprudence or more simply method of  deriving  islamic law from quran and sunnah ie a set of rules to follow to make islamic rullings (fatawa).


insha allah that was simple.

Edited by rami

"That would contradict it self br..."

It would be no less contradictory as the superiority of fiqh over hadith, as figh is based upon hadith.  In keeping with the analogy of medicine; one may be better off having drugs (hadith).

I do agree wholeheartedly with you of the danger in interpretation, but fear dismissal of hadith.  I sometimes feel, unfortunately, that as an ummah, we lack balance.