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UNDERSTANDING OF THE DEEN (AL-ISLAM)Intermediate Islamic (FIQH) course in English

Conducted by Ustaz Zhulkeflee Hj Ismail

LESSON # 4 [d]LESSON # 4 [d]

Using text & curriculum he has developed especially for Using text & curriculum he has developed especially for Muslim converts and young Adult English-speaking Muslims. Muslim converts and young Adult English-speaking Muslims.

““To seek knowledge is obligatory upon every Muslim (male & female)”To seek knowledge is obligatory upon every Muslim (male & female)”

All Rights Reserved © Zhulkeflee Hj Ismail (2015))

IN THE NAME OF ALLAH,IN THE NAME OF ALLAH,MOST COMPASSIONATE,MOST COMPASSIONATE,MOST MERCIFUL.MOST MERCIFUL.

"O my Lord! Let my entry be by the Gate of Truth and Honour, and likewise my exit by the Gate of Truth and Honour; and grant me from

Thy Presence an authority to aid (me)”(Qur’an: Isra’: 17: 80)

Daily application of FIQHDaily application of FIQH •OUR IDENTITY AND ATTITUDE BEING OF OUR IDENTITY AND ATTITUDE BEING OF

THE UMMAH OF MUHAMMAD S.A.A.W. THE UMMAH OF MUHAMMAD S.A.A.W.

( Knowledge of ( Knowledge of Halal-wa-HaramHalal-wa-Haram ) – ) – a continuationa continuation

Updated 7 MARCH 2015

PARTPART # 2 # 2((20152015))


““O YOU who have attained to faith! Ward off from O YOU who have attained to faith! Ward off from

yourselves (i.eyourselves (i.e. save yourself) and those who are . save yourself) and those who are

close to you (AHLIY-KUM) that fire [of the hereafter] close to you (AHLIY-KUM) that fire [of the hereafter]

whose fuel is human beings and stones: [lording] whose fuel is human beings and stones: [lording]

over it are angelic powers awesome [and] severe, over it are angelic powers awesome [and] severe,

who do not disobey Allah in whatever He has who do not disobey Allah in whatever He has

commanded them, but [always] do what they are commanded them, but [always] do what they are

bidden to do.”bidden to do.”

((Qur’an: Tahrim: 66: 6Qur’an: Tahrim: 66: 6))


““Then We put you, [O Muhammad], on (Then We put you, [O Muhammad], on (SHARI-’ATINSHARI-’ATIN) an ) an

ordained way concerning the matter [of religion]; ordained way concerning the matter [of religion]; so follow it so follow it

and and do not follow the inclinations of those who do not knowdo not follow the inclinations of those who do not know.―” .―”

((Qur’an: Ja-thiyah: 45: 18Qur’an: Ja-thiyah: 45: 18))


“O you who have attained to faith! Pay heed (obey) unto

Allah, and pay heed (obey) unto the Messenger and unto

those from among you who have been entrusted with

authority (ULIL-AMRI MINKUM) ; and if you are at

variance over any matter, refer it unto Allah and the

Messenger, if you [truly] believe in Allah and the Last

Day. This is the best [for you], and best in the end.”

(Qur’an: An-Nisa’: 4: 69)


““If anyone contends with (i.e. opposes) the Messenger If anyone contends with (i.e. opposes) the Messenger even after even after

guidance has been plainly conveyed to himguidance has been plainly conveyed to him, and follows a path other , and follows a path other

than that becoming to men to Faith, We shall leave him in the path than that becoming to men to Faith, We shall leave him in the path

he has chosen, and land him in Hell, what an evil refuge.” he has chosen, and land him in Hell, what an evil refuge.”

((Qur’an: An-Nisa’: 4: 115)Qur’an: An-Nisa’: 4: 115)

““O MANKIND! Worship (serve) your SustainerO MANKIND! Worship (serve) your Sustainer, who has , who has

created you and those who lived before you, so that you created you and those who lived before you, so that you

might remain conscious of (and fear transgression against) might remain conscious of (and fear transgression against)

Him (Him (TAQWATAQWA)“)“

((Qur’an: Baqarah: 2: 21Qur’an: Baqarah: 2: 21))



“ “ Tell them (O Prophet!): 'Let them rejoice in Allah's Tell them (O Prophet!): 'Let them rejoice in Allah's

grace and mercy through which this (Book) has come to grace and mercy through which this (Book) has come to

you. It is better than all the riches that they accumulate.you. It is better than all the riches that they accumulate.

Did you consider that Did you consider that the sustenance which Allah had the sustenance which Allah had

sent down for you of your own accord you have declared sent down for you of your own accord you have declared

some of it as unlawful and some as lawful? some of it as unlawful and some as lawful? Ask them: Ask them:

'Did Allah bestow upon you any authority for this or do 'Did Allah bestow upon you any authority for this or do

you forge lies against Allah?”you forge lies against Allah?”

((Qur’an: Yunus: 10: 58-59Qur’an: Yunus: 10: 58-59) )


Hence, Hence, do not utter falsehoods do not utter falsehoods by letting your tongues determine by letting your tongues determine

[at your own discretion], "This is lawful and that is forbidden", [at your own discretion], "This is lawful and that is forbidden",

thus attributing your own lying inventions to Allah: for, behold, thus attributing your own lying inventions to Allah: for, behold,

they who attribute their own lying inventions to Allah will never they who attribute their own lying inventions to Allah will never

attain to a happy state (i.e. prosper)!attain to a happy state (i.e. prosper)!

((Qur’an: 16: An-Nahlu: 116Qur’an: 16: An-Nahlu: 116))


“ “ O you who have believed, O you who have believed, do not prohibit do not prohibit the the good good

things things which which Allah has made lawful to you Allah has made lawful to you and and do not do not

transgresstransgress. Indeed, Allah does not like transgressors. . Indeed, Allah does not like transgressors.

And eat of what Allah has provided for you [which is] And eat of what Allah has provided for you [which is]

lawful and good. And (be conscious and) fear Allah, in lawful and good. And (be conscious and) fear Allah, in

whom you are believers.”whom you are believers.”

((Qur’an: Maa-idah: 5: 87-88Qur’an: Maa-idah: 5: 87-88))


““O MANKIND! O MANKIND! Partake of what is lawful (Partake of what is lawful (HHALAALANALAALAN) )

and good (and good (TwAI-YIBANTwAI-YIBAN) on earth, and follow not Satan's ) on earth, and follow not Satan's

footsteps: for, verily, he is your open foe, and bids you footsteps: for, verily, he is your open foe, and bids you

only to do evil (only to do evil (SUU’-ISUU’-I), and to commit deeds of ), and to commit deeds of

abomination (abomination (FAH-SHAA-IFAH-SHAA-I), and to attribute unto Allah ), and to attribute unto Allah

something of which you have no knowledge.“something of which you have no knowledge.“

((Qur’an: Baqarah: 2: 168-169Qur’an: Baqarah: 2: 168-169))


“O you who have attained to faith! Partake of the good things

which We have provided for you as sustenance, and render

thanks unto Allah, if it is [truly] Him that you worship.”

(Qur’an: Baqarah: 2: 172)


We in Nusantara, as non-Mujtahid, are already taught to (TAQLEED) adhere in

FIQH matters to the Islamic jurisprudential-legal school of SHAFI’-IE Madzhab

and the Fatwas of succeeding scholars, Mufti etc.. Yet, there may be issues

(although few) especially in our contemporary time, which may present to us

different rulings and views (IKHTILAF) from other MADZAAHIB.

Our exercise here is to learn and understand some of the basis and principle

of jurisprudence used, which should make us be respectful of differences

among the MADZAAHIB , to remove confusion and avert contentious

disputations which may lead to dissension - disunity in the UMMAH.

““That which is That which is HHALALALAL (lawful; permissible) is clear and that which is (lawful; permissible) is clear and that which is HHARAMARAM

(unlawful; forbidden) is clear, and between the two of them are (unlawful; forbidden) is clear, and between the two of them are MUSMUSHH-TABIHAT-TABIHAT

(doubtful matters) about which many people do not know. .”(doubtful matters) about which many people do not know. .”

((Hadith reported by BukharyHadith reported by Bukhary))



““He (Allah) has only forbidden to you dead animals, He (Allah) has only forbidden to you dead animals,

blood, the flesh of swine, and that which has been blood, the flesh of swine, and that which has been

dedicated to other than Allah. But whoever is forced dedicated to other than Allah. But whoever is forced

[by necessity], neither desiring [it] nor transgressing [by necessity], neither desiring [it] nor transgressing

[its limit], there is no sin upon him. Indeed, Allah is [its limit], there is no sin upon him. Indeed, Allah is

Forgiving and Merciful.”Forgiving and Merciful.”

(Q(Qur’an: Baqarah: 2: 173ur’an: Baqarah: 2: 173))

He (Allah SWT) has only forbidden you (Qur’an: Baqarah: 2: 173):

1. Carrion, that is, the consumption of it, since this is the subject of the

general address here, and similarly [the consumption of] what follows, [all

of] which is what has not been slaughtered in accordance with

[prescriptions of] the Law; to this the Sunna adds [as also constituting

carrion] what has been severed from a living creature. A special status is,

however, accorded fish and locusts;

2. Blood, poured forth, as in [sūrat] al-An‘ām [see Q. 6:145],

Tafsir al-JalalaynAll Rights Reserved © Zhulkeflee Hj Ismail (2015))


“FORBIDDEN to you is carrion, and blood, and the flesh of swine,

and that over which any name other than Allah's has been invoked,

and the animal that has been strangled, or beaten to death, or killed

by a fall, or gored to death, or savaged by a beast of prey, save that

which you [yourselves] may have slaughtered while it was still alive;

and [forbidden to you is] all that has been slaughtered on idolatrous

altars. And [you are forbidden] to seek to learn through divination

what the future may hold in store for you: this is sinful conduct.”

(Qur’an: Maa-idah: 5: 3)


““Those who shall follow the [last] Messenger, the unlettered Prophet Those who shall follow the [last] Messenger, the unlettered Prophet

whom they shall find described in the Torah that is with them, and whom they shall find described in the Torah that is with them, and

[later on] in the Gospel: [the Prophet] who will enjoin upon them the [later on] in the Gospel: [the Prophet] who will enjoin upon them the

doing of what is right and forbid them the doing of what is wrong, and doing of what is right and forbid them the doing of what is wrong, and

make lawful to them the good things of life (TWAI-YIBAT) make lawful to them the good things of life (TWAI-YIBAT) and and forbid forbid

them the bad things (KHABAA-ITH)them the bad things (KHABAA-ITH), and lift from them their burdens , and lift from them their burdens

and the shackles that were upon them [aforetime]. Those, therefore, and the shackles that were upon them [aforetime]. Those, therefore,

who shall believe in him, and honour him, and succour him, and follow who shall believe in him, and honour him, and succour him, and follow

the light that has been bestowed from on high through him-it is they the light that has been bestowed from on high through him-it is they

that shall attain to a happy state."that shall attain to a happy state."

(Q(Qur’an: A’raf: 7: 157ur’an: A’raf: 7: 157))


““Lawful to you is all water-game (Lawful to you is all water-game (SWSWAIDUL-BAHRAIDUL-BAHR), and what the sea brings ), and what the sea brings

forth, as a provision for you [who are settled] as well as for travellers, forth, as a provision for you [who are settled] as well as for travellers,

although you are forbidden to hunt on land while you are in the state of although you are forbidden to hunt on land while you are in the state of

pilgrimage. And be conscious of Allah, unto whom you shall be gathered.”pilgrimage. And be conscious of Allah, unto whom you shall be gathered.”

((Qur’an: Maa-idah: 5: 96Qur’an: Maa-idah: 5: 96))


(Narrated by Adi ibn Hatim r.a.) I asked the Prophet (Narrated by Adi ibn Hatim r.a.) I asked the Prophet ملسو هيلع هللا ىلصملسو هيلع هللا ىلص

((about the hunting dogsabout the hunting dogs) and he replied, "If you let loose ) and he replied, "If you let loose

(with Allah's name) your tamed dog after a game and it (with Allah's name) your tamed dog after a game and it

hunts it, you may eat it, but if the dog eats of (that game) hunts it, you may eat it, but if the dog eats of (that game)

then do not eat it because the dog has hunted it for itself." I then do not eat it because the dog has hunted it for itself." I

further said, "Sometimes I send my dog for hunting and find further said, "Sometimes I send my dog for hunting and find

another dog with it. He said, "Do not eat the game for you another dog with it. He said, "Do not eat the game for you

have mentioned Allah's name only on sending your dog and have mentioned Allah's name only on sending your dog and

not the other dog.“not the other dog.“


The Messenger of Allah The Messenger of Allah ملسو هيلع هللا ىلصملسو هيلع هللا ىلص said: “said: “Two kinds of dead meat and two Two kinds of dead meat and two

kinds of blood have been permitted to uskinds of blood have been permitted to us. The two kinds of dead meat are . The two kinds of dead meat are

fish and locusts, and the two kinds of blood are the liver and spleen.”fish and locusts, and the two kinds of blood are the liver and spleen.”

((Hadith reported by Ibn MajahHadith reported by Ibn Majah))



““And not alike are the two bodies of water. One is fresh and And not alike are the two bodies of water. One is fresh and

sweet, palatable for drinking, and one is salty and bitter. sweet, palatable for drinking, and one is salty and bitter.

And from each you eat tender meatAnd from each you eat tender meat ….” ….”

((Qur’an: Faatir: 35: 12Qur’an: Faatir: 35: 12))

From Abu Hurairah, that the Prophet From Abu Hurairah, that the Prophet ملسو هيلع هللا ىلصملسو هيلع هللا ىلص (said), concerning the (said), concerning the

water of the sea: "Its water is pure (and Purification) and its 'dead water of the sea: "Its water is pure (and Purification) and its 'dead

meat' (meat' (MAI-TATUHUMAI-TATUHU) is ) is permissiblepermissible (to eat)." (to eat)."

((Hadith reported by An-Nasaa-iHadith reported by An-Nasaa-i))



2. The flesh of swine, the meat is singled out for mention because that [part] is

what people mostly seek, every other [part] being implied thereby;

3. What has been hallowed to other than Allah, that is to say, what has been

slaughtered in other than His Name (al-ihlāl is the raising of one’s voice,

which they used to do when sacrificing for their gods).



“This day [all] good foods have been made lawful, and the

food of those who were given the Scripture is lawful for you

and your food is lawful for them.”

(Qur’an: Maa-idah: 5: 5)


Yet whoever is constrained, forced by dire need to eat of the above-

mentioned, not desiring, to rebel against Muslims, nor transgressing,

committing aggression against them by waylaying them, no sin shall be on

him, for eating it.

Allah is Forgiving, to His friends, Merciful, to those who are obedient to Him,

for He has granted them wide berth in this matter.

The aggressor and the transgressor are excluded from this [dispensation],

and to these two [categories] one should also add every person that sets out

on a journey in disobedience, such as the fugitive or the excise collector, for

whom it would be unlawful to eat any of the mentioned, unless they repent

[of their disobedience]; this is the opinion of al-Shāfi‘ī.


“'Every predator possessing fangs is forbidden to eat."

(Hadith reported by An-Nasa-i)


Ibn ‘Abbas r.a. said : The Messenger of Allah ملسو هيلع هللا ىلص prohibited the eating

of every beast of prey with fang, and every bird with a talon."

(Hadith reported by Abu Dawud)


““That which is That which is HHALALALAL (lawful; permissible) is clear and that which is (lawful; permissible) is clear and that which is HHARAMARAM

(unlawful; forbidden) is clear, and between the two of them are (unlawful; forbidden) is clear, and between the two of them are MUSMUSHH-TABIHAT-TABIHAT

(doubtful matters) about which many people do not know …”(doubtful matters) about which many people do not know …”



“ … So whoever saves himself from these suspicious (doubtful)

things saves his religion and his honour. And whoever indulges in

these suspicious (doubtful) things is like a shepherd who grazes

(his animals) near the HIMA (private pasture) of someone else

and at any moment he is liable to get in it.

(O people!) Beware! Every king has a HIMA and the HIMA of

Allah on the earth is whatever that has been declared (ruled as)

forbidden (MUHARRIMAT).”

(Hadith reported by Bukhary)


Narrated Abdullah ibn Abbas r.a. : ”The people of pre-Islamic

times used to eat some things and leave others alone,

considering them unclean. Then Allah sent His Prophet ملسو هيلع هللا ىلص

and sent down His Book, marking some things lawful and

others unlawful; so what He made lawful is lawful, what he

made unlawful is unlawful, and what he said nothing about is

allowable. And he recited: "Say: I find not in the message

received by me by inspiration any (meat) forbidden to be eaten

by one who wishes to eat it...." up to the end of the verse.”

(Hadith reported by Abu Dawud)



HALAL (Permissible – Lawful) HARAM

HARUS (MUBAH)(Optional-neutral)

MAKRUH (Undesirable)

MUSTAHAAB (MANDUB) (Recommended)

ForbiddenUnlawful

(Clearly known) (Clearly known)

SHUB-HAT

(Doubtful)

““Certainty cannot be removed (overruled) by DoubtCertainty cannot be removed (overruled) by Doubt””

TWO WAYS OF SINNING IN MATTERS OF OBLIGATORY

Sinning by commission Sinning by omission

FARD- ’ AIN – Fixed personal obligationFARD-KIFAAYAH – Fixed community obligation WAJIB – Whatever is ruled by Shari’ah as Obligatory

“The essence (original rule) for all things is that it is permissible”


“The essence (original rule) for all things is that it is permissible”


“Have you not seen that Allah has subjected to your service all that is in the heavens and on the earth and has abundantly bestowed upon you all His bounties, both visible and invisible? Yet some persons dispute regarding Allah without having any knowledge or guidance or any illuminating Book.”

(Qur’an: Luqman: 31: 30)


““Certainty cannot be removed (overruled) by Doubt”Certainty cannot be removed (overruled) by Doubt”

LEVELS OF CERTAINTYLEVELS OF CERTAINTY LEVELS OF UNCERTAINTY

‘ILMUL YAQEENCertainty with knowledge andIntellection.

‘AINUL YAQEENCertainty by sight and sensoryperception.

HAQQUL YAQEENTrue certainty – ‘tasting’; direct experience of Reality;

RAIBA – suspicious misgivings; wavering doubt; uncertainty;

SHAKK – doubt,; uncertainty, distrust; sceptical;

DZONN – conjecture; assumption; yet still not certain; guess; inclining towards holding opinion even thoughstill without valid proof of certainty.



““Custom is (authoritative for) Judgement”Custom is (authoritative for) Judgement”

““Difficulty (hardship) must lead to Ease (facility)”Difficulty (hardship) must lead to Ease (facility)”

** There are further elaborations and branches or There are further elaborations and branches or

derived rulings from these five derived rulings from these five – refer USUL FIQH.– refer USUL FIQH.

““Whatever is permitted because of a Whatever is permitted because of a DwDwarura is limited to arura is limited to the extent of existence of that the extent of existence of that DwDwarura (as impediment)”arura (as impediment)”


ANIMALS

1.Flesh of swine and any form of pork products;

2.Carrion and animal slaughtered invoking name other than Allah or in

a manner not approved by Islam;

3.Blood gush forth – except for liver and spleen, and remnant left in

blood vessels/organ of lawfully slaughtered animal.

4.Disgusting small animals that creep or walk on the ground, insects

(except locust);


ANIMALS

4.Predatory land animals with fangs or tusk;

5.Those – birds of prey -which hunt with talons;

6.Off springs from (cross-bred between) animal permissible with animal

forbidden;

7.It is permissible to eat any aquatic game (SWSWAIDUL-BAHRAIDUL-BAHR), except for

frog and crocodile; generally analogous refer to amphibians and reptiles

(except desert lizards which the Prophet s.a.a.w. did not forbid)


SUBSTANCES

1.Anything harmful (proven to be harmful; if suspected then it falls

under doubtful);

2.Anything regarded as impure (NAJASAH) - whether in itself or by a

lawful thing which it has been contamiated with; included in this

category are things generally regarded as repulsive, abhorrent etc.


TO BE CONTINUED – INSHA-ALLAH

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