Ahkam – Islamic Laws
Sheikh Jaffer H. Jaffer
Masumeen Islamic Centre
Fall 2012
Ahkam – Islamic Laws
• Overview of Rules:
– Hijab
– Conscious of camera; Timing
– Classroom environment – taking notes; asking
questions…etc
– Success of this class is based on everyone’s
participation
• Books used:
– Taudhi ul-Masail of your Marja’
Ahkam – Islamic Laws
• Subjects covered (tentative):
– Importance of Ahkam
– Taqleed
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•
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•
What is Taqleed?
Proofs regarding the obligation of Taqleed
Overview of Taqleed, How to ascertain the most learned…etc
Partial reading from Taudhi ul Masail of Syed Sistani
– Al-Wajibaat and Al-Muharramaat
– Taharat, Najasaat and Mutahiraat
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•
•
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What is meant by Taharat, Najasaat and Mutaharaat?
Ahkam of Taharat including Proofs
Ahkam of Najasaat including Proofs
Ahkam of Mutahiraat including Proofs
Ahkam – Islamic Laws
• Importance of Ahkam
– Islam is like a Tree
• The most important part of the tree are the roots (Aqaid)
• The fruits of the tree are our Akhlaq!
• The branches of the tree are the actions/rituals/practices that
we carry out
– In other words, they are the Ahkam/Laws that we adhere by
– There is no doubt amongst any of us that Islam is the
final and perfect religion
• When one embraces Islam, it becomes incumbent upon them to
know everything which is expected of them and that which is
obligated upon them (encounter day to day)
– There are four different ways of reaching this
knowledge:
Ahkam – Islamic Laws
• First: Detailed Knowledge (‘ilm tafsili)
• Opposite of Non-specific knowledge (‘ilm ’ijmali)
– What this means is that I have 100% knowledge
(Yaqeen) of what Allah SWT wants from me
– Naturally this is a very difficult if not impossible stage
to be at.
• We have non-specific knowledge (ilm ‘ijmali); for example: I
know salaat is wajib, I have no doubts about it, but why it is
wajib, what the specifics of that are – I don’t know! Therefore
I have ‘ilm ‘ijmali but I don’t have ‘ilm tafsili
Ahkam – Islamic Laws
• Second: Ihtiyat –Precaution
– The PROCEDURAL PRINCIPLE which consists in going out of
one’s way to make sure one complies with possible as well as with
certainly known divine injunctions
– By acting upon Ihtiyat – there are a number of different scenarios
that can arise (on the board)
– Naturally, always acting upon precaution is very difficult but at
times it is required from me;
• for example if I am thirsty, and there are two glasses in front of me,
and I know for sure one is alcohol and one is not, but I don’t know
which one is which; here I have to not drink anyone of them!
Ahkam – Islamic Laws
• Third: Ijtihad
– Linguistically – it means diligence, hard work, to strive
• Therefore, one who strives, works hard and is diligent is called a
Mujtahid
– Context of Fiqh – it means the exercise of derivation (Istinbat) of a
ruling by a Jurist
• Therefore, one who derives the ruling from its sources is called a
Mujtahid
– There are two types of Mujtahid – Mutlaq (complete) and
Mutajazee (Partial)
• Mujtahid Mutlaq is one who can derive the all the rulings of Fiqh
from their sources
• Mujtahid Mutajazee is one who can derive some of the rulings of Fiqh
from their sources (for example: Only the rulings pertaining to Salaat)
Ahkam – Islamic Laws
• Fourth: Taqleed
– Linguistically – means imitation, copying, mimicry
• Therefore, one who mimics or imitates another is known as a
Muqallid
– Context of Fiqh – means to act upon the rulings and
derivations of a Mujtahid
• Therefore, one who acts upon the rulings of a Mujtahid is
known as a Muqallid
– Historical acceptability of Taqleed:
• Occuring since the advent of Islam
• Aimmah AS used to nominate people who could guide/teach
the community
Ahkam – Islamic Laws
• Proofs of the permissibility of Taqleed:
– Intellectual (‘Aqli) Proof:
• The Simple Proof:
– ‫الرجوع اجلاهل اىل العامل‬
– ‘the one who does not know seeks clarification from the
one who knows’
Ahkam – Islamic Laws
• Proofs of the permissibility of Taqleed:
– Proofs from the Qur’an:
ِّ ‫– فَس ََلُواْ أ َْهل‬
‫الذ ْك ِر إِن ُكنتُ ْم ََل تَ ْعلَ ُمو َن‬
ْ
َ
• "Question the people of remembrance if you do not know."(21:7)
ِ ‫– فَلَو ََل نَ َفر ِمن كل فِرقٍَة ِّمنهَم طَائ َفةٌ لِّيت َف َّقهواْ ىف الدِّي ِن و لِي‬
‫نذ ُرواْ قَ ْوَم ُه ْم إِ َذا‬
ُْْ ْ ُ
ُ ََ
ُ َ
ْ
َ
ِ ‫رجعواْ إِلَيه‬
َّ
‫يح َْ َذ ُرو َن‬
‫م‬
‫ه‬
‫ل‬
‫ع‬
‫ل‬
‫م‬
َ
َ
َ ْ ُ َ ْ ْ ََُ
• But why should not there go forth a group from each of their sections
to become learned in religion, and to warn their people when they
return to them, so that they may cautious? (9:122)
Ahkam – Islamic Laws
• Proofs of the permissibility of Taqleed:
– Proofs from Ahadith:
• Our present Imam, Muhammad al-Mahdi , peace be upon him,
who said in a reply to Ishaq ibn Ya'qub:
‫ث الْ َواقِ َعةُ فَ ْارِجعُوا فِ َيها إِ َىل ُرَو ِاة َح ِديثِنَا فَِإنَّ ُه ْم ُح َّج ِت َعلَْي ُك ْم َو أَنَا‬
ْ ‫• َو أ ََّما‬
ُ ‫اْلََو ِاد‬
‫ُح َّجةُ اللَّ ِه‬
– "As far as newly occurring circumstances are concerned, you should
turn (for guidance) to the narrators of our ahadith, for they are my proof
over you just as I am Allah's proof.” (Bihar ul Anwar vol. 2 pg. 90 no.
14)
• Our 11th Imam AS:
– "...but if there is anyone among the fuqaha' who is in control over his
own self, protects his religion, suppresses his evil desires and is obedient
to the commands of his Master, then the people should follow him.
(Shaykh at-Tabarsi, al-Ihtijaj, vo. 2, Najaf 1966, p. 263.)
Ahkam – Islamic Laws
• The Ahkam:
– The actions of a non-Mujtahid who does not do Taqleed or Ihtiyat
are Baatil (not-accepted)
• Except if those actions are in line with the rulings of the Marja’
he/she should be doing Taqleed of A’lam (most learned)
– Who is considered A’lam (most learned?)
• The one is the most capable of deriving the Laws from their
sources
Ahkam – Islamic Laws
• The Ahkam:
– How to ascertain who is the most learned?:
• First: A person attains certainty himself that a particular person
is a Mujtahid
• Second: When two persons, who are learned and just and
possess the capacity to identify a Mujtahid or the A'alam,
confirm that a person is a Mujtahid or an A'lam, provided that
two other learned and just persons do not contradict them.
– In fact, being a Mujtahid or an A'lam can also be established by a one
person from the Ahlul Khibra who is trusted by the person
• Third: A person derives satisfaction by rational means as to
someone being a mujtahid or the most learned
Ahkam – Islamic Laws
• The Ahkam:
– Who are the Ahlul Khibra?
• The Mujtahideen and those close to them in learning, who are
conversant albeit generally with the level of those considered
to be the most learned
– What if there is a difference on opinion amongst the
Ahlul Khibra?
• The statement of those among them who are the most expert is
to be accepted
Ahkam – Islamic Laws
• The Ahkam:
– What if there are more than one Mujtahid who is the
most learned? (2 possibilities)
• First: One does not know of any difference between them in
the rulings one faces on a day to day basis
– In this scenario,he/she is allowed to follow either one of them
• Second: One is aware (Non-specific knowledge (‘ilm ’ijmali))
of a difference between them in the rulings one faces on a day
to day basis
– One: It becomes satisfyingly apparent that one is more learned
than the other, he/she should follow the more learned
– Two: It becomes satisfyingly apparent that both are the most
learned, then he/she should follow the one who is the most
precise and precautious in the rulings.
» If they are both equally precautions and precise, then he/she can
follow whomever they want.
Ahkam – Islamic Laws
• The Ahkam:
– How to obtain the verdicts of a Mujtahid:
• When a person hears from the Mujtahid himself.
• When the verdict of the Mujtahid is quoted by two just
persons.
• When a person hears the verdict from a person whose
statement satisfies him.
• By reading the Mujtahid's book of Masae'l, provided that, one
is satisfied about the correctness of the book.
Ahkam – Islamic Laws
• The Ahkam:
– What characteristics should the Mujtahid who is
followed (Marja’) possess:
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•
•
•
•
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Buloogh (Adult)
Aql (Sane)
Legitimate Birth
Imaan (Shi'ah Ithna Ash'ari)
Male
Ijtihaad
Adalaat (Just)
Alive
Ahkam – Islamic Laws
• The Ahkam:
– Taqleed of a dead Mujtahid is of two kinds:
• Begin: To do taqleed of a dead Mujtahid without having done
his taqleed while he was alive
– This type of Taqleed is not allowed
• Remain: To do taqleed of a Mujtahid while he was alive and
remain on his taqleed after his death
– It is permissible to remain on the Taqleed of a Mujtahid who is
dead provided the person does not know of any differences in the
day to day issues he faces between the mujtahideen.
– If there is a difference:
» If the Mujtahid who is dead is more learned, then it is wajib to
remain on his taqleed
» If the Mujtahid who is alive is more learned, than it is wajib to do
his taqleed.
» If It becomes satisfyingly apparent that both are the most learned,
then he/she should follow the one who is the most precise and
precautious in the rulings.
Ahkam – Islamic Laws
• The Ahkam:
– If an A'lam Mujtahid gives a fatwa on some matter, his
follower cannot act in that matter on the fatwa of
another Mujtahid.
• But if he does not give a fatwa, and expresses a precaution
(Ihtiyat)
– The follower may either act on this precaution, or he may
act on the fatwa of another Mujtahid who it is permissible
to follow
Ahkam – Islamic Laws