page 1 of - wordpress.com · 2018. 12. 27. · page 3 of 49 index preface p.6 section one:...

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Terminologies of the

Hanafi Madh-hab

Author: Muhammad Huzaifah ibn Adam Aal-Ebrahim

Nidaa-ul-Haqq Publications

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Index Preface p.6 Section One: Terminologies Pertaining to the Ahkaam p.10 Definition of Hukm p.10 Types of Hukm p.10 Definition of Saheeh p.11 The Definition of Faasid p.11 Definition of Baatil p.13 Definition of Rukhsah p.14 Definition of `Azeemah p.18 Definition of Fardh p.19 Definition of Waajib p.20 Definition of Sunnah p.21 Definition of Nafl p.25 Definition of Haraam p.26 Definition of Makrooh p.27 Definition of Mubaah p.28 Section Two: Terminologies Pertaining to the A'immah of the Hanafi Madh-hab p.28 Al-Imaam Al-A`zham / Imaam-e-A`zam p.29 Ash-Shaykhaan / Shaykhain p.29 At-Tarfaan / Tarfain p.29 As-Saahibaan / Saahibain p.29 Al-A'immah Ath-Thalaathah p.29 Ath-Thaani / Al-Imaam Ath-Thaani p.29 Ath-Thaalith p.29 Al-Imaam Ar-Rabbaani p.29 Ath-Thaalith p.30 Al-Imaam Ar-Rabbaani p.30 Al-Hasan p.30 "He" p.30 "They (Two)" p.30

p.30 (Haa) ح

p.30 (Zaa) ز

p.30 (Seen) س

p.30 (SM / Seen-Meem) سم

p.30 (Meem) م

Al-Ustaadh p.30 Al-Khalaf p.31

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Khuwaahar Zaadah p.31 Ad-Daqqaaq p.31 Shams-ul-A'immah p.31 Shaykh-ul-Islaam p.31 As-Sadr Ash-Shaheed p.32 Sadrush Sharee`ah P.32 `Aammatul Mashaayikh p.32 Fakhr-ul-Islaam p.32 Abu-l Layth as-Samarqandi p.32 Al-Mutaqaddimoon p.32 Al-Muta'akh-khiroon p.32 Al-Muhaqqiqoon p.33 Al-Mashaayikh p.33

p.33 (Haa) ح

p.33 (Taa) ط

Section Three: Terminologies Pertaining to the Kutub of the Madh-hab p.33 Al-Asl p.33 Al-Usool p.33 Al-Kitaab p.33 Al-Mabsoot p.33 Al-Mutoon p.34 Al-Muheet p.34

p.35 (B) ب

p.35 (T) ت

p.35 (DR) در

p.35 (F) ف

p.35 (K) ك

p.35 (Haa-Alif) ىا

p.35 (Y) ي

Section Four: Terminologies Pertaining to the Masaa'il of the A'immah of the Madh-hab p.35 Al-Jurjaaniyyaat p.35 Ar-Raqqiyyaat p.36 Zhaahir-ur-Riwaayah p.36 Zhaahir-ul-Madh-hab p.36 Ghayru Zhaahir-ir-Riwaayah p.36 Al-Kaysaaniyyaat p.36 Masaa'il-ul-Usool / Riwaayat-ul-Usool p.36 An-Nawaadir p.37

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Al-Haarooniyyaat p.37 Al-Fataawaa / Al-Waaqiàat p.37 Section Five: Terminologies Pertaining to Iftaa p.37 Àlayhil Fatwaa / Wa Bihee Yuftaa p.38 Wa Bihee Na'khudh / Wa Huwal Mu`tamad / Wa Àlayhil I`timaad p.39 Àlayhi Àmalul Ummah / Bihee Yu`mal p.40 Àlayhi Àmalul Yowm p.40 Huwas Saheeh / Huwal Asahh p.40 Huwal Azh-har / Huwal Awjah p.40 Huwal Mukhtaar fee Zamaaninaa p.41 Huwal Asbah p.41 Huwal Mutaàaraf / Bihee Jaral Ùrf p.41 The Principles of Doing Tarjeeh between Aqwaal p.42 Section Six: Terminologies Pertaining to the Conditions of the Aqwaal and Ahkaam p.44 Ìnda / Ìndahu p.44 Àn / Ànhu p.44 Qaaloo p.45 Qeela / Yuqaal p.44 Al-Jawaaz p.45 Laa Ba's p.46 Laa Yambaghi p.47 Yambaghi p.47

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Preface

ميحالر نمحالر اللمسب

إنالحمدللنحمدهونستعينوونستغفرهونؤمنبوونتوكلعليوونعوذباللمنيضللوفالشرورأنفسناومنسيئاتأعمالنا,منيهدهاللفالمضللوومن

ونبيناونشهدأنسيدناوحدهالشريكلوىاديلو,ونشهدأنالإلوإالاللونذيراوداعيامحمداعبدهورسولو,أرسلواللبالحقبشيراوحبيبناوشفيعنا

,ومنيعصواىتدىإلىاللبإذنووسراجامنيرا.منيطعاللورسولوفقدرشدإالنفسوواليضراللشيئااللورسولوفإنواليضر

:بعدأما It is well-known that without having a firm grasp over the terminologies of a particular science, you will not be able to properly read and understand the books of that science. When it comes to the Ùloom of the Shareeàh, be it Àqeedah, or Tafseer, or Hadeeth, or Fiqh, or Usool, or Tasawwuf, etc., the illustrious Ùlamaa who authored Kitaabs in these fields had their own terminology which they made use of in their Kitaabs. Furthermore, when it comes to fields such as Fiqh and Usool, then these terminologies differ from one Madh-hab to another. The Hanafi definition and understanding of a particular term, for example, may differ vastly from another Madh-hab’s definition and understanding of that term. It is thus essential to study the terminology of your Madh-hab and understand it properly in order to avoid potential mistakes when reading the Kutub of that Madh-hab. These mistakes manifest themselves when people unacquainted with the terminology of a Madh-hab try to issue a Fatwaa on that Madh-hab. An example of this is the Hanbali Madh-hab. Imaam Ahmad ibn Hanbal

had a very unique way of speaking; he would not use three words رحمةاللعليو

where two words would be sufficient. This is mentioned by Shaykh Àbdul

Fattaah Abu Ghuddah رحمةاللعليو. He mentions how a man once came to

Imaam Ahmad ibn Hanbal ليورحمةاللع and asked him, “Should I work for

someone as an employee or should I run my own business?”

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Imaam Ahmad’s response was four words: تكونجنازةيكونمريض “Takoonu

Janaazah, Yakoonu Mareedh” (There’s a Janaazah, there’s a sick person.)

That’s all Imaam Ahmad رحمةاللعليو said.

A person unacquainted with the peculiar style of Imaam Ahmad رحمةاللعليو will have absolutely no idea what he meant by this short, four word statement of his. What is he saying to the man? What does the existence of a Janaazah and a sick person have to do with the question this man asked? Shaykh `Abdul Fattaah Abu Ghuddah explains that what Imaam Ahmad meant was this: “It is better for you to run your own business instead of working for someone. The reason behind this is that if you work for someone, your time is no longer your own; during your hours of employment each day, you are bound to attend to the work of your employer regardless of what comes up. If you run your own business, on the other hand, then your time is your own; you can open when you want and close when you want. If some urgent work comes up, you can either close the shop or put a trusted person in the shop in your absence, attend to the

work and then come back. Rasoolullaah صلىاللعليووسلم emphasised greatly

on attending Janaazahs and visiting other sick Muslims. If you are an employee, you will not be able to attend Janaazahs and visit the sick, because your time is not your own. If you run your own business, on the other hand, then you will be free to attend Janaazahs and visit the sick.” All of that is derived from those four words of Imaam Ahmad ibn Hanbal. This, however, would only be understood by a person who was a student of Imaam Ahmad or a friend of his and knew his manner of speaking. A person who did not know Imaam Ahmad would not understand what this four-word statement meant. This becomes all the more serious when it comes to matters of the Sharee`ah, because here, it is imperative that you understand exactly what the Imaam meant, what he was referring to when he made a particular statement, because in the absence of this understanding you will make colossal mistakes in your attempts at issuing Fataawaa from what he said. An example of this is Imaam Ahmad saying: “I don’t love it,” or “It doesn’t amaze me.” What does the normal person understand from this statement? Imaam

Ahmad ibn Hanbal رحمةاللعليو is asked about a particular thing, perhaps a

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certain action, whether it is permissible or not, and he replies: الأحبو “I don’t

love it.” A person unacquainted with the terminologies employed by Imaam Ahmad

will get the wrong idea entirely. He is asked about something and he says: ال (.It doesn’t amaze me) يعجبني

What the normal person will understand from this statement is that the particular action is completely fine to do, and that Imaam Ahmad is simply saying that out of his own, from his own side, he doesn’t like to do this particular thing. They will think that he is saying it is permissible. However, this is not the case. Many times, Imaam Ahmad uses the term, “I don’t love it,” to refer to something that is Haraam, to refer to something which, if you do it, you will be sinful and perhaps end up in Jahannam as a result. Speaking about this issue, he says, “I don’t love it,” or “It doesn’t amaze me.” Now, a person unacquainted with this may perhaps open one of the Kutub of the Hanbali Madh-hab and come across such a statement of Imaam Ahmad. Not knowing the purport of Imaam Ahmad’s words, this person then assumes it to be a Fatwaa of Jawaaz (permissibility) and thus says to people, “It is fine to do it. Imaam Ahmad ibn Hanbal said that it is permissible.” In reality, Imaam Ahmad meant that this particular thing is Haraam. Another glaring example of how people misunderstood the words of an Imaam is when we come to the Shaafièe Madh-hab, and Imaam ash-Shaafièe having used the term Karaahat or Makrooh with regards to a man shaving his beard. People who are so-called “Shaykhs” attributing themselves to the Shaafièe Madh-hab grossly fail to understand what Imaam ash-Shaafièe meant. They think it means that it is permissible to do

so, but “disliked”, whereas Imaam an-Nawawi رحمةاللعليو, Imaam ibn Hajar

al-Àsqalaani رحمةاللعليو and others from the giants of the Shaafièe Madh-

hab have explained this statement of Imaam ash-Shaafièe رحمةاللعليو, that

what he means is that it is Haraam for a man to shave his beard. Molvis who are supposedly Hanafis read the Kutub of the Hanafi Madh-hab, come across the term “Makrooh” and think it means “permissible, but

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better not to do so.” In reality, when the Hanafi Fuqahaa used the term Makrooh in their Kutub, they meant “Haraam”. What should be clear from this, to the reader, is the vital importance of having a correct understanding of the terminology of your Madh-hab, the terminology used in the Kutub of Fiqh and Usool of your Madh-hab, the terminology used by the Fuqahaa of your Madh-hab and the Imaam of your Madh-hab. Without this, you will never have a correct understanding of that particular Madh-hab, and, in the case of the Ulamaa and “Muftis”, they will miserably fail to understand what the Kutub meant and thus end up issuing Baatil Fatwas which are at odds with the true stance of the Madh-hab. In this Kitaab, we have tried as far as possible to explain some of the terminology of the Hanafi Madh-hab, and this Kitaab is aimed at the students of Deen who are studying or going to be studying the Kutub of Fiqh and Usool, but it is also aimed at those who may have qualified from Darul Ulooms without having attained a correct grasp of the Fiqhi terminologies of the Madh-hab. We ask Allaah Taàalaa to accept this brief Kitaab and make it a means of benefit to us as well as to those who read it, and we ask Allaah Taàalaa to simplify the understanding of it for the readers,

آمينياربالعالمين Whatever is correct in this book is only from Allaah Taàalaa, whereas any mistakes or errors in this book are from myself and Shaytaan and the Deen of Islaam is free from it.

كلوخالصالوجهكالكريم اللهماجعلعملنا - Muhammad Huzaifah ibn Adam aal-Ebrahim Wednesday, 18th of Rabee`-ut-Thaani, 1440 - 26th of December, 2018

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Section One: Terminologies Pertaining to the Ahkaam

Definition of Hukm: The Linguistic Definition: Linguistically speaking, the word Hukm means "al-Man`" (prevention). The original meaning of the word Hukm is "to stop or prevent oppression and wrongdoing".1 Thus, the word Hukm is also used in reference to Qadhaa (passing judgement), because when a Qaadhi (Islaamic Judge) passes a judgement, the purpose behind it is to prevent a certain zhulm (wrong-doing / oppression) from taking place. Interestingly, the word Hukm is also used in reference to Ìlm and Fiqh, and the Lughawiyyeen (linguists) have stated that this is so because Ìlm "prevents" ignorance. The Sharì Definition: The Hanafi Fuqahaa define Hukm as being a reference to a Khitaab (Address) from Allaah Taàalaa connected to the actions of people, be it in making something incumbent upon them or in giving them an option.

Types of Hukm: Thereafter, the Fuqahaa have divided Hukm into a number of different categories, which are:

1. Saheeh 2. Faasid 3. Baatil 4. Rukhsah 5. Àzeemah

Each of these shall be explained in this book, In Shaa Allaah. Àzeemah is then divided into a number of categories, which are:

1. Fardh

1 As stated by Ibn Faaris in Mu`jam Maqaayeesil Lughah.

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2. Waajib 3. Sunnah 4. Nafl 5. Haraam 6. Makrooh 7. Mubaah

Definition of Saheeh:

The Linguistic Definition:

Linguistically, the word Saheeh comes from the verb يصح صح (sahha - yasihhu), which means "to be healthy". Thus, Saheeh (healthy) is the opposite of Saqeem (sick; ill; unwell). In Arabic, it is said:

صححتالكتابتصحيحا If translated literally, this means: "I made the book healthy." This is because the errors within the book are seen as figurative "illnesses", and that the proof-reader is in fact "treating the book" and getting rid of these illnesses. The Sharì Definition: In Sharì terms, Saheeh refers to something which has been legislated by the Shareeàh both in terms of its asl (root) as well as its wasf (description).2

The Definition of Faasid:

The Linguistic Definition: Linguistically, Fasaad (corruption) is the opposite of Salaah (goodness; suitableness; righteousness), and Mafsadah (an evil or cause of corruption) is the opposite of Maslahah (a benefit; advantage; welfare; well-being; good; interest). Istifsaad (to seek corruption) is the opposite of Istislaah (to seek to make something good). The Sharì Definition:

2 This is the definition of it as given by Imaam ibn Ameer al-Haaj in at-Taqreer wat-Tahbeer, and by

Imaam Sa`d-ud-Deen at-Taftaazaani in at-Talweeh àlat-Tawdheeh.

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When it comes to matters of Ìbaadah, the Hanafi Fuqahaa define Faasid as being "the absence of sihhah (validity) on account of an error committed in one of the shuroot (conditions) of that particular Ìbaadah, or in one of its arkaan (pillars)." This, however, is the same definition that Baatil has, and the reason for this is that when it comes to Ìbaadaat such as Wudhoo, Salaah, etc., the Hanafi Fuqahaa use the terms Faasid and Baatil to mean the same thing. The difference between Faasid and Baatil is only seen when it comes to matters of Muàamalaat (business transactions). Imaam al-Hamawi defined the two terms in Sharh al-Kanz, saying:

قالالحمويفيشرحالكنز:والفرقبينهماأنالفاسدمافاتعنووصف مرغوب،والباطلمافاتعنوشرطأوركن

"The difference between the two is that Faasid refers to the case when a thing was done but in such a manner that one of the qualities that are sought is missing, whereas Baatil refers to a case where a shart (condition) or rukn (pillar) is missing." Here, he is referring to the difference between the two terms when it comes to Muàamalaat.

Imaam ibn Àabideen رحمةاللعليو writes in Raddul Muhtaar àlad-Durril

Mukhtaar:

ووجوالردأنأئمتنالميفرقوافيالعباداتبينهماوإنمافرقوافيالمعامالت "Our A'immah do not differentiate between (Faasid and Baatil) when it comes to Ìbaadaat - they only do so when it comes to Muàamalaat (business transactions)." Thus, when it comes to business dealings and we say that a certain transaction is Faasid, then what this means is that in terms of its asl (root), this deal is legislated (i.e. carried out according to the Shareeàh), but one of the qualities that are supposed to be found in a proper Sharì transaction are not being found here, and thus the deal is "Faasid".

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The ruling regarding a Faasid transaction is that if its fundamental arkaan (pillars) have been fulfilled, then it will come into effect. When the Hanafi Fuqahaa speak of the asl (root) of a business transaction, then what they are referring to is the fundamental pillar of every business deal, which is none other than Eejaab and Qabool (offer and acceptance), as well as the Mahall. Furthermore, they mean that the business deal was concluded at the time of the Eejaab and Qabool being done, and it did not happen that one of the two people had left before the concluding of the deal. The meaning of Mahall is that the currency which was used in the business deal is from actual wealth, be it the currency of the country or something that is unanimously considered by the people to be wealth (such as having paid with gold, diamonds, etc.) When the Fuqahaa speak about the "Wasf-ul-Àqd" (the quality of the business deal), they mean everything that is outside of these two things, i.e. the Rukn (Eejaab and Qabool) and the Mahall (accepted wealth). Thus, if we say that some defect has taken place in the Wasf (Quality) of the Àqd (business deal), then an example of this is one of the businessmen having paid using fake currency, or currency that is unknown, or having paid using something that is not considered to be wealth, or a marriage having taken place without any witnesses, etc.

Definition of Baatil: The Linguistic Definition:

Linguistically speaking, Baatil is the opposite of Haqq. It comes from بطل ".literally meaning: "to leave in a state of forfeiture and loss ,الشيءيبطلبطالنا

The Sharì Definition: When it comes to matters of Ìbaadaat, Baatil has the same meaning as Faasid. However, when it comes to Muàamalaat (business transactions), then the Fuqahaa have defined Baatil as:

مالميكنمشروعابأصلووالبوصفو

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"That which is not legislated (i.e. not valid), neither in terms of its asl (root) nor in terms of its wasf (quality)." Baatil is when there is a defect in the asl (root) of the business deal itself, i.e. in its very foundation, such as there being a defect in the words used (in the contract), or in either of the two partners in the contract, or in the very contract itself. The ruling of a business deal that is "Baatil" is that it has no effect whatsoever, and it does not count. It is as though it had never taken place, as though it had come from a mad man or a child who cannot understand. When a business deal is "Faasid", on the other hand, then it does come into effect, though it is defective. That is the difference between Baatil and Faasid in terms of Mu`aamalaat (business transactions).

Definition of Rukhsah:

The Linguistic Definition: Linguistically, Rukhsah (dispensation) is the opposite of Tashdeed (making something difficult). It refers to making something easy. For this reason, in Arabic if the price of an item is very cheap and easy to afford, you say:

رخصالسعر "The price is rakhees (cheap)." The Shar`i Definition: When something goes from being difficult to being easy on account of some valid excuse, then this is known as Rukhsah. Examples of this are: Qasr Salaah for a musaafir (traveller), a musaafir or sick person not having to fast, etc. The Hanafi Fuqahaa have divided Rukhsah into four categories: two of these categories are literal and two are figurative. They have also stated that from the two categories of literal Rukhsah, one of them is more deserving (of being called Rukhsah) than the second, and from the two categories of figurative Rukhsah, one of the two is more complete than the other.

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We will begin by explaining ar-Rukhsah al-Haqeeqah (the literal dispensation), and this is of two types: The First Type: This is when something becomes permissible for a person despite the thing remaining prohibited in and of itself as well as its ruling (Hukm) remaining Haraam. An example of this type of Rukhsah is a person being permitted to utter Kufr if he is forced. The ruling here has remained, which is the prohibition of uttering statements of Kufr about Allaah Taàalaa. Its sabab (cause of prohibition) also remains, which is Imaan in Allaah Taàalaa. However, the Shareeàh has given a person the permission to utter Kufr on account of an excuse, which is Ikraah (being forced to do so at the threat of death), on condition that the heart of this person remains with Imaan. This type is most deserving of being referred to as "Rukhsah" (dispensation). The Second Type: The second type of Literal Rukhsah is where the sabab (cause) of the Hukm (ruling) is still there, but it has been permitted. An example of this is a musaafir (traveller) abstaining from fasting during Ramadhaan. Here, the sabab which makes fasting Fardh is still there, which is the presence of the month of Ramadhaan as Allaah Taàalaa says in the Qur'aan Kareem:

فمنشهدمنكمالشهرف ليصمو {"So whosoever witnesses the month (of Ramadhaan), he must fast it."} However, the ruling gets overtaken by an ùdhr (excuse), which is the travelling, and thus the ruling is "delayed" until a later time, as mentioned in the Aayah:

كانمنكممريضاأوعلىسفرفعد ةمنأي امأخر فمن {"So whosoever among you is sick or on a journey, then the same number (of days in which you did not fast must be made up) from other days (i.e. after Ramadhaan has passed)..."}

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So in this type of Rukhsah, the Hukm (which in this case, is that of fasting) has not fallen away - it has simply been delayed. We now come to the two types of “Figurative Rukhsah”. The First Type: The first type is the more complete of the two. This type of Rukhsah refers to those actions which Allaah Taàalaa has not made binding upon people to carry out. Matters which could have been made binding upon this Ummah but which Allaah Taàalaa has saved them from. An example of this is the Hadeeth narrated in Sunan ibn Maajah:

رفععنأمتيالخطأوالنسيانومااستكرىواعليو "(Three things have been) lifted (i.e. pardoned) for my Ummah: error, forgetfulness and that which they are forced to do." Allaah Taàalaa could have decreed that people be punished even for wrongs they had done forgetfully, or a person forced to utter Kufr at the threat of being killed. Instead, Allaah Taàalaa pardoned this Ummah for such matters. This is an example of "Figurative Rukhsah (Dispensation)".

Another example of this is the Shareeàh of Nabi Moosaa عليوالسالم wherein

people had to be killed even after making Tawbah. When Bani Israa'eel had worshipped the cow and thereafter repented, Allaah Taàalaa revealed to

Nabi Moosaa عليوالسالم that in order for their Tawbah to be accepted, those

who had not worshipped the cow had to kill all of those who had worshipped it, and thus they had to kill their close family members, relatives and friends, otherwise the Tawbah of those people would not have been accepted. Allaah Taàalaa has not placed that difficulty upon this Ummah. This is another example of "figurative Rukhsah". The Second Type: This refers to when something has been permitted by way of exception. An

example of this is when Rasoolullaah صلىاللعليووسلم forbid any person from

selling what is not in his possession, and this prohibition includes all such business transactions where a person sells what he does not own, such as

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selling the fruit of a certain tree when that fruit has not even grown yet.

However, Rasoolullaah صلىاللعليووسلم made an exception to this rule: he

excluded Bay`-us-Salam from this prohibition, and thus Bay`-us-Salam (The Salam Transaction) is permissible. `Ulamaa refer to this as a "Figurative Rukhsah". All of a particular thing had been prohibited, but then one part gets excluded and is permissible. Bay`-us-Salam is a business transaction wherein the seller is paid prior to having the commodity in his possession which he will be handing over to the buyer. A simple example of it is this: You go to a computer shop and say to the owner: "I would like to buy a laptop. It must have such-and-such specs." The owner says to you: "That will be X (amount of cash). You can collect it on such-and-such date." You then pay him the money and leave. At this time of you paying him, he does not yet have such a laptop in his possession. After you leave he then sources this laptop from his contacts, and when the appointed date of collection arrives, the laptop is ready and you can collect it. This is known as Bay`-us-Salam (Paying in Advance) and is permissible in Islaam.

It has been permitted by Rasoolullaah صلىاللعليووسلم despite him having

said:

التبيعماليسعندك "Do not sell what is not in your possession." [Narrated in Sunan ibn Maajah.] The reason for Bay`-us-Salam having been permitted is that it is bound by certain stipulations which make it permissible. Some of these stipulations are: 1) knowing the quantity of the item which will be purchased, 2) knowing the size (if applicable), 3) knowing the quality of the item(s) and 4) knowing the date of delivery or collection. If these factors are not known then the transaction is not permissible.

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Thus, Bay`-us-Salam was excluded from the general prohibition of that Hadeeth on account of the fact that it is accompanied by these stipulations. In the case of selling fruit from a certain tree when that fruit has not even grown yet, this is not permissible for obvious reasons: 1) you do not know if that fruit will even grow, 2) even if it does grow, you do not know when it will become ripe, 3) even if it does become ripe, you do not know how much of that particular fruit on the tree will become ripe and how many will not, 4) even if all of them grow and become ripe, you do not know what the quality of that fruit will be. These are the reasons that made "paying in advance for non-existing items" impermissible in the first place.

Definition of Àzeemah:

The Linguistic Definition: Linguistically speaking, the word Àzeemah is derived from al-Àzm, which means resolve, determination. In Arabic you say:

عزمعلىاألمر "He is determined to carry out that particular matter." The Sharì Definition: In the terminology of the Hanafi Fuqahaa, Àzeemah refers to a ruling that had been legislated from the very beginning, unconnected to any external factors. It has been termed Àzeemah on account of the fact that it is definite, absolute. As mentioned previously, Àzeemah is divided into a number of categories, which are:

1. Fardh 2. Waajib 3. Sunnah 4. Nafl 5. Mubaah 6. Makrooh 7. Haraam

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Each of these shall be explained, In Shaa Allaah.

Definition of Fardh:

The Linguistic Definition: Linguistically, the word Fardh has numerous meanings, including "to obligate something," and "to apportion," hence the field of inheritance, in Arabic, is termed: Ìlm-ul-Faraa'idh (The Knowledge of Fixed Shares). The Sharì Definition: The Hanafi Fuqahaa have defined Fardh as being a ruling, the obligation of which is established with a Daleel Qatìyy (Absolute Evidence) in which there is not a shred of doubt, such as an Aayah of the Qur'aan. Imaam an-Nasafi has defined Fardh as follows:

ىوإسملمقدرشرعااليحتملزيادةوالنقصا,مقطوعبولكونوثابتابدليل موجبللعملقطعا

"Fardh is a word used to describe a thing which has been fixed by the Shareeàh, having no possibility of increasing or decreasing. It is absolute on account of being established through evidence that is absolute, making acting upon it binding." The ruling of a Fardh is that a person has no choice but to carry it out. If he does not do so, he may undergo punishment either in this Dunyaa or in the Aakhirah, or even both. Any person who rejects a Fardh becomes a Murtadd. Any person who abandons a Fardh act without a valid reason becomes a Faasiq. Fardh falls into two categories: Fardh-ul-Àyn: A Fardh-e-Àyn act is one which has to incumbently be done by every single person without exception. It is binding upon each and every individual himself or herself; thus, the obligation does not fall away through others having carried it out. Salaah, Zakaah and fasting are examples of acts that are Fardh-e-Àyn.

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Fardh-ul-Kifaayah: An act that is Fardh-e-Kifaayah is one which becomes binding upon an entire community, but if some people within that community carries it out the obligation falls away from the rest of the people. Examples of a Fardh-e-Kifaayah are giving ghusl to the mayyit (deceased), performing the Janaazah Salaah, etc. If some people within the community take it upon themselves to carry out the ghusl, etc., the obligation falls away from the rest of the community. However, if no one from the community takes this obligation upon themselves, then all of them will unanimously be sinful and, on account of having abandoned a Fardh, each and every person in the community will be regarded as a Faasiq.

Definition of Waajib:

The Linguistic Definition: Linguistically, the term Waajib has two meanings:

1. To becoming binding and established.

2. To fall down. It is said: وجبالحائط "Wajabal Haa'it", meaning: "The

wall fell down." Thus, when we say that something is Waajib upon a person, it means that the compulsion of this thing has "fallen" upon the person and become binding upon him. The Shar`i Definition: When the obligation of something is proven through what is termed a Daleel Zhanni, it is Waajib. To simplify matters: If something is established from the Qur'aan Kareem, it is termed Fardh. If it is established from the Ahaadeeth, it is termed Waajib. The ruling is that if a person does not carry out a Waajib act, then he is sinful and may be liable for punishment either in this Dunyaa or in the Aakhirah, or both. The only real difference between Fardh and Waajib is that if a person rejects a Fardh act, the Hanafi Fuqahaa will brand him a Kaafir, whereas if he rejects a Waajib act, they brand him a Faasiq.

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Examples of Waajib acts are: Sadaqatul Fitr, Qurbaani and reciting Soorah al-Faatihah in Salaah.

Definition of Sunnah:

The Linguistic Definition: Linguistically, Sunnah means a path. In Arabic it is said:

إستقامفالنعلىسنة "So-and-so remained steadfast upon a Sunnah." Meaning: upon a single path, without changing. The Shar`i Definition:

Sunnah refers to the "path" of Rasoolullaah صلىاللعليووسلم, and this

encompasses three things:

1. Qowl (Statements) 2. Fi`l (Actions) 3. Taqreer (Approval)

As for the first, then it refers to the words of Rasoolullaah صلىاللعليووسلم,

and any commands or prohibitions he had given. The second refers to the

actions done by Rasoolullaah صلىاللعليووسلم. The third refers to

Rasoolullaah صلىاللعليووسلم approving of something, whether verbally or by

keeping silent. For example, if a Sahaabi had done something in the

presence of Rasoolullaah صلىاللعليووسلم, and Rasoolullaah صلىاللعليووسلم did

not stop him from doing so, then this is known as "Taqreer" and is an

approval from Rasoolullaah صلىاللعليووسلم. By Rasoolullaah صلىاللعليووسلم

keeping silent, we come to know that this particular action is permissible. This is because all Ambiyaa are duty-bound to carry out Nahi `anil Munkar, so a Nabi would never allow something Haraam to take place in his presence Thereafter, the Fuqahaa have divided Sunnah into two categories:

1. Sunnat-e-Mu’akkadah

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2. Sunnat-e-Ghayr Mu’akkadah Sunnat-e-Mu’akkadah consists of Sunnats such as the Adhaan, Iqaamah, performing Salaah in Jamaaàh, etc.

Imaam as-Sarakhsi رحمةاللعليو in his Usool gives the definition of Sunnah as

follows:

والمرادبوشرعاماسنورسولاللصلىاللعليووسلموالصحابةبعدهعندنا "According to us (i.e. the Ahnaaf), the meaning of Sunnah intended by the

Shareeàh is that which was practiced by Rasoolullaah صلىاللعليووسلم and

thereafter by the Sahaabah after him." He goes on to mention a difference between us and Imaam ash-Shaafièe

which is that, according to Imaam ash-Shaafièe, only the Sunnah ,رحمةاللعليو

of Rasoolullaah عليووسلمصلىالل is termed Sunnah, and not the Sunnah of the

Sahaabah. Thus, Imaam ash-Shaafièe would not refer to the actions of

Hadhrat Abu Bakr رضياللعنو, Hadhrat Ùmar رضياللعنو, etc., as "Sunnah".

According to us, however, their actions also fall under "Sunnah", because

Rasoolullaah صلىاللعليووسلم had expressly said:

عليكمبسنتيوسنةالخلفاءالراشدينمنبعديعضواعليهابالنواجذ "Follow my Sunnah and the Sunnah of the Rightly Guided Khulafaa after me. Bite onto it with your molar teeth..." Imaam as-Sarakhsi then says:

فقدثبتبالدليلأنرسولاللتباعإذاثبتىذافنقول:حكمالسنةىواإلوفعال,وكذلك صلىاللعليووسلممتبعفيماسلكمنطريقالدينقوال

الصحابةبعده "Since this has been established, we say: the ruling of the Sunnah is that it must be followed. It has been established with solid evidence that

Rasoolullaah صلىاللعليووسلم was followed and is to be followed in the path

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he walked in with regards to the Deen, both his words and his actions, and the same goes for the Sahaabah after him."

Further on, he narrates from Imaam Mak-hool عليواللرحمة who said:

السنةسنتان:سنةأخذىاىدىوتركهاضاللة,سنةأخذىاحسنوتركهااللنحوصالةالعيدواألذانواإلقامةوالصالةبالجماعة,ولهذالووبأسبوفاأل

هاأىلبلدةوأصرواعلىذلكتركهاقوماستوجبوااللوموالعتاب,ولوترك ,قوتلواعليهاليأتوابها

"Sunnah is of two types: 1) Sunnah which, to follow it is guidance and to leave it is misguidance, 2) Sunnah which, to follow it is good and it is not sinful to leave it. The first category refers to matters such as Èid Salaah, the Adhaan, Iqaamah, performing Salaah in Jamaaàh, etc. For this reason, if people leave it off, they become deserving of blame and admonition. If the people of a city leave it off, they must be fought until they carry it out..." Here, Imaam as-Sarakhsi gives the ruling of the Madh-hab, which is that if the people of a town unanimously abandon a Sunnat-e-Mu'akkadah, the Khaleefah of the time must gather the Muslim army and wage Jihaad against them until they once again start carrying out that Sunnah.

The second type of Sunnah is matters such as how Rasoolullaah صلىاللعليو walked, how he spoke, how he sat down, how he stood up, how he وسلم

combed his hair, how he smiled, how he laughed, etc. With regards to these

Sunan, there is thawaab in a person emulating Rasoolullaah صلىاللعليووسلم in

it, but if a person does not do so, then he is not sinful. Some people erroneously think that there is no benefit in emulating

Rasoolullaah صلىاللعليووسلم in such Sunnats. Some even go as far as calling it

"Bidàh". However, Allaah Taàalaa says in the Qur'aan Kareem:

والي ومالخروذكر كاني رجوالل كانلكمفيرسولاللأسوةحسنةلمن لقدكثيرا الل

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{"There is for you - in the Rasool of Allaah وسلمعليواللصلى - a most perfect example for

the one who desires Allaah, the Last Day, and remembers Allaah in abundance."} [Soorah al-Ahzaab, 33:21] And Allaah Taàalaa says in the Qur'aan:

كنتمتحب وناللفات بعون ييحببكماللوي غفرلكمذن وبكمواللغفورقلإن ر حيم

{"Say (O Muhammad وسلمعليواللصلى ): if indeed you love Allaah, then follow me. (If

you do so) Allaah will love you and forgive your sins, and Allaah is Forgiving, Merciful."} [Soorah Aal-e-Ìmraan, 3:31] In this Aayah, Allaah Taàalaa has made obedience (Ittibaa`) to Rasoolullaah

a condition for attaining the Love of Allaah; if a person صلىاللعليووسلم

refuses to obey Rasoolullaah صلىاللعليووسلم, he cannot possibly attain the

Love of Allaah Taàalaa.

In the previous Aayah, Allaah Taàalaa describes Rasoolullaah صلىاللعليووسلم as being an Uswatun Hasanah (a Perfect Example). This is unrestricted;

hence, we say that Rasoolullaah صلىاللعليووسلم is a Perfect Example not only

in matters of Deen but in every aspect of life.

Imaam al-Ghazaali رحمةاللعليو said that amongst the secrets to attaining

saàadah (happiness and contentment) is to follow the Sunnah of

Rasoolullaah صلىاللعليووسلم in entirety; in how he ate, how he drank, how he

slept, how he dressed, how he walked, how he spoke, how he fought, how he smiled, how he laughed, how he dealt with people, etc. These people claim that there is no sense in a person following what they

term the "Àadaat" (habits) of Rasoolullaah صلىاللعليووسلم. We pose to them

a logical question: whose Àadaat are most beloved to Allaah Taàalaa: the

Àadaat of Rasoolullaah صلىاللعليووسلم or the Àadaat of anyone else? If it is

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the Àadaat of Rasoolullaah صلىاللعليووسلم, then why should we not try our

best to follow those Mubaarak Àadaat?

Definition of Nafl: The Linguistic Definition: Linguistically speaking, Nafl means an increase or a gift. The Sharì Definition: The Hanafi Fuqahaa have defined Nafl as being that which is done beyond the Fardh and Waajib duties as well as the Sunnats. The ruling is that if a person carries out Nawaafil, he will receive thawaab, but he will not be punished for not carrying out Nawaafil acts. According to the Usooliyyoon (Ùlamaa who specialised in Usool) among the Hanafis, Nafl, Mustahabb, Mandoob and Tatawwu` are all near-synonyms and there is no difference between them. This is mentioned by Àllaamah

ibn Àabideen رحمةاللعليو in Raddul Muhtaar, and it is the view of most of the

Ahnaaf. Imaam ibn Àabideen says:

فيسمىمستحبامنحيثإنالشارعيحبوويؤثره,ومندوبامنحيثإنوبينمنحيثإنوزائدعلىالفرضوالواجبويزيدبو ثوابووفضيلتو,ونفال

الثواب,وتطوعامنحيثإنفاعلويفعلوتبرعامنغيرأنيؤمربوحتما "It is called Mustahabb because the Shareeàh loves and prefers it. It is called Mandoob because its reward and virtue is clear. It is called Nafl because it is in addition to the Faraa'idh and Waajibaat and with it the reward is increased. It is called Tatawwu` because the person does it out of his own without having been commanded to do so." There were some Hanafi Fuqahaa who differentiated between them,

however. They said that Mustahabb refers to an act that Rasoolullaah صلىالل did sometimes and left it other times, and Mandoob refers to an act عليووسلم

that Rasoolullaah صلىاللعليووسلم had done once or twice to teach the

Sahaabah that it is permissible.

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However, the view of the Jumhoor (majority) of the Hanafi Fuqahaa is the first view, which is that Nafl, Mustahabb, Mandoob and Tatawwu` are all one and the same.

Definition of Haraam:

The Linguistic Definition: Linguistically speaking, Haraam means something which is prevented, and

the opposite of permitted. Haraam comes from the root word حرميحرم

harama - yahrumu, and one meaning of harama is "to deprive someone of something". The mafòol form of this verb is "mahroom", which means "deprived". Another derivate is hirmaan, which means "deprivation". In Arabic, "Rajulun Mahroomum minal-Khayr" means a man who is deprived of goodness. Thus, if the Shareeàh has declared a certain thing to be Haraam, we may

derive from this that there is no goodness in that particular thing. It is محروم ,There may be some benefits in that thing .(deprived of goodness) منالخير

yes, as Allaah Taàalaa mentions in the Qur'aan Kareem that there are even some benefits to be found in khamr; however, there will not be khayr (goodness) in that thing. Allaah Taàalaa has made certain things Haraam in His Infinite Wisdom (Hikmah); with some of these things, people even in this Dunyaa can understand the reason behind the prohibition, such as theft, murder (unjustly), rape, suicide, etc. The evil of these things are clear to all, even to the Kuffaar. Then there are those things which, after contemplating their reality, one will come to the understanding behind why they were prohibited. Then there are those things which people may only come to know on the Day of Qiyaamah why they were prohibited. However, it is not important to know why a certain thing was prohibited: it is only important to know that it is Haraam and thereafter abstain from it. The Sharì Definition: The Hanafi Fuqahaa have defined Haraam as:

ماثبتالنهيعنوبدليلقطعيالشبهةفيو

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"Such a thing which, the prohibition of it is established with a Daleel Qatìyy (such as an Aayah of the Qur'aan) in which there is no doubt whatsoever."

This is the definition given by Àllaamah ibn Nujaym عليورحمةالل in Fat'hul

Ghaffaar.

Definition of Makrooh:

The Linguistic Definition:

The word Makrooh is derived from الكره (al-Kurh), which means "mashaqqah"

(difficulty). The Sharì Definition: In terms of the Shareeàh, Makrooh is divided into two categories:

1. Makrooh Tahreemi 2. Makrooh Tanzeehi

Makrooh Tanzeehi is something which must not be done, but if a person has done it, he will not be punished. Makrooh Tahreemi is the same as Haraam. The only difference is that Haraam is established with a Daleel Qatìyy, such as an Aayah of the Qur'aan, and Makrooh Tahreemi is established with a Daleel Zhanni, such as a Hadeeth. However, both amount to the same thing, which is that it must be avoided, and if a person perpetrates it, he may be liable for Àdhaab either in this Dunyaa or in the Aakhirah, or both. Some people have a mistaken view of what Makrooh Tahreemi really means. Recently, we published an article elaborating slightly on the actual definition of Makrooh Tahreemi, and this was published in PDF form by the Mujlisul Ulama of South Africa, along with additional commentary by Maulana A.S. Desai. The article in PDF form, entitled “Makrooh”, is available for download from The Majlis websites as well as the Nidaa-ul-Haqq website. By default, when the Hanafi Fuqahaa use the term “Makrooh” in the Kutub of Fiqh, they mean Makrooh Tahreemi, and Makrooh Tahreemi is the same as Haraam. In reality there is no difference between them.

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Definition of Mubaah:

The Linguistic Definition: The word Mubaah is derived from "al-Ibaahah", meaning "permissibility". Its asl (root) is taken from al-Bowh, however, which means "the emergence of something". The Sharì Definition:

Imaam an-Nasafi رحمةاللعليو defines Mubaah in Khulaasatul Afkaar, saying:

ىوماليسلفعلوثوابواللتركوعقاب "Mubaah means such a thing which, there is no reward for doing it and there is no punishment for leaving it." However, if an act that is originally Mubaah ends up leading the person into Haraam, then it will be compulsory for him to abstain from this Mubaah act.

Section Two: Terminologies Pertaining to the

A'immah of the Hanafi Madh-hab The Hanafi Madh-hab has certain terminologies used in the Kutub of Fiqh, Usool-ul-Fiqh and al-Qawaaìd al-Fiqhiyyah when speaking about the Ùlamaa of the Madh-hab. They will, for example, say that a certain ruling is the Qowl of "Shams-ul-A'immah" (The Sun of the A'immah), or the Qowl of "Shaykh-ul-Islaam", or they will say that this is the view of Tarfayn, this is the view of Shaykhain, this is the view of Saahibayn, this is the view of "Sadr-ush-Shaheed", etc. A person who is not well-versed in the Taareekh (history) of the Hanafi Madh-hab and who does not have a solid grasp of the Siyar (biographies) of the A'immah of the Madh-hab will not know who is being referred to. Sometimes the Kitaabs will not even mention a name -

only a letter will be used, such as ب (B), or سم (SM), etc. These days even

many of the Asaatidhah are weak in their understanding of the Kutub and do not properly explain the Istilaahaat to the students. This ignorance then results in a lack of understanding of the Kutub being studied. Thus, in order to properly understand the Kutub of Fiqh, the student needs to have a solid understanding of the Istilaahaat of the Madh-hab.

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Al-Imaam Al-A`zham / Imaam-e-A`zam (The Greatest Imaam):

When this title is used, it refers exclusively to Imaam Abu Haneefah رحمةالل .the founder of the Hanafi Madh-hab ,عليو

Ash-Shaykhaan / Shaykhain (The Two Shaykhs): When this term is used, it refers to Imaam Abu Haneefah and Imaam Abu Yusuf. This term is used for them because they are considered the greatest Shuyookh of the Madh-hab. At-Tarfaan / Tarfain (The Two Sides): This is a reference to Imaam Abu

Haneefah رحمةاللعليو and Imaam Muhammad ibn al-Hasan ash-Shaybaani

The reason for this is that from the main three A'immah of the .رحمةاللعليو

Madh-hab, which is Imaam Abu Haneefah, Imaam Abu Yusuf and Imaam Muhammad, Imaam Abu Haneefah is the oldest of the three and Imaam Muhammad is the youngest of the two. Thus, when the two of them are in agreement on a particular mas'alah, the Fuqahaa refer to this as "the Qowl of Tarfain". As-Saahibaan / Saahibain (The Two Companions): This refers to

Imaam Abu Yusuf رحمةاللعليو and Imaam Muhammad رحمةاللعليو, because

they were the two main students of Imaam Abu Haneefah and they were classmates, even though Imaam Abu Yusuf was significantly older than Imaam Muhammad. Al-A'immah Ath-Thalaathah / Ùlamaa-unaa Ath-Thalaathah / Al-Ùlamaa Ath-Thalaathah (The Three A'immah / Our Three A'immah / The Three Ùlamaa): When this term is used, it refers to Imaam Abu Haneefah, Imaam Abu Yusuf and Imaam Muhammad, because they are the main A'immah of the Madh-hab. Ath-Thaani / Al-Imaam Ath-Thaani (The Second / The Second

Imaam): This is a reference to Imaam Abu Yusuf رحمةاللعليو, because he is

considered to be the second most important Faqeeh of the Hanafi Madh-hab after Imaam Abu Haneefah himself. Ath-Thaalith (The Third): This is a reference to Imaam Muhammad ibn

al-Hasan ash-Shaybaani رحمةاللعليو. Al-Imaam Ar-Rabbaani: This too is a reference to Imaam Muhammad.

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Al-Hasan: When this term is used by the Hanafi Fuqahaa, it refers to Imaam al-Hasan ibn Ziyaad al-Lu'lu'i, the fourth most well-known of the Hanafi Fuqahaa. "He": When the Hanafi Fuqahaa use the pronoun "he" without having mentioned who they are referring to, such as by saying, "according to him", or "his Madh-hab", or "to him", etc., then they are referring to Imaam Abu

Haneefah رحمةاللعليو. "They (Two)": When the Hanafi Fuqahaa refer to "Humaa" (the two of them), or "Qaalaa" (the two of them said), without having mentioned prior to that who they are speaking about, then they are referring to Imaam Abu Yusuf and Imaam Muhammad.

is used as a reference in al-Waafi and (Haa) ح When the letter :(Haa) ح

Kanz-ud-Daqaa'iq of Imaam an-Nasafi رحمةاللعليو, then it refers to Imaam

Abu Haneefah رحمةاللعليو.

-is used as a reference in al-Waafi and Kanz (Zaa) ز When the letter :(Zaa) ز

ud-Daqaa'iq of Imaam an-Nasafi, and al-Mukhtaar lil-Fatwaa of Imaam al-

Mawsili, then it refers to Imaam Zufar ibn al-Hudhail رحمةاللعليو, the oldest

student of Imaam Abu Haneefah. He passed away in the year 158 A.H.,

eight years after the demise of Imaam Abu Haneefah رحمةاللعليو.

-is used as a reference in al-Waafi, Kanz (Seen) س When this letter :(Seen) س

ud-Daqaa'iq and al-Mukhtaar lil-Fatwaa, it refers to Imaam Abu Yusuf رحمةالل .عليو

are (Seen-Meem / SM) سم When these two letters :(SM / Seen-Meem) سم

used together as a reference in Kitaabs such as al-Mukhtaar lil-Fatwaa, it refers to Imaam Abu Yusuf and Imaam Muhammad.

-is used as a reference in al-Waafi, Kanz (Meem) م When the letter :(Meem) م

ud-Daqaa'iq and al-Mukhtaar lil-Fatwaa, it refers to Imaam Muhammad. Al-Ustaadh (The Teacher): When this term is used in the Kutub of Fiqh,

it refers to Imaam `Abdullaah ibn Muhammad as-Sabadhmooni رحمةاللعليو, who passed away in the year 340 A.H.

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Al-Khalaf (The Later Generation): When the Hanafi Fuqahaa use this term, it refers to the Hanafi A'immah who lived from after the time of

Imaam Muhammad ibn al-Hasan رحمةاللعليو, who passed away in the year

189 A.H., until the time of Shams-ul-A'immah al-Hulwaani رحمةاللعليو, who

passed away in the year 450 A.H. When they say "the Salaf of the Hanafi Madh-hab", they mean the A'immah of the Madh-hab who lived from the time of Imaam Abu Haneefah until the time of Imaam Muhammad ibn al-Hasan. Khuwaahar Zaadah: This is a Persian term meaning "sister's son". When the Hanafi Fuqahaa use it, it can refer to either one of two Imaams: 1) Imaam Muhammad ibn al-Husain al-Bukhaari, who was the son of the sister of al-Qaadhi Abu Thaabit al-Bukhaari. He passed away in the year 483 A.H. He was also known as Bakr Khuwaahar Zaadah. 2) Imaam Muhammad ibn Mahmood al-Kardari, who was the son of the sister of Shams-ul-A'imah al-Kardari, and he passed away in the year 651 A.H. Ad-Daqqaaq: This title was used for many of the Hanafi Fuqahaa, but most commonly for Imaam Abu Àli ad-Daqqaaq ar-Raazi, and he was from the third century Hijri. Shams-ul-A'immah (The Sun of the A'immah): This title is also used for numerous Hanafi Imaams; however, when it is used unrestrictedly with no other name attached to it, then it refers exclusively to Shams-ul-A'immah as-Sarakhsi, whose full name was Muhammad ibn Ahmad ibn Abi Sahl as-Sarakhsi, and who passed away in the year 490 A.H. When the title Shams-ul-A'immah is used for anyone else, their name will be attached, such as Shams-ul-A'immah al-Hulwaani, Shams-ul-A'immah al-Kardari, Shams-ul-A'immah al-Awzajandi, etc. However, when "Shams-ul-A'immah" is

mentiond on its own, it only refers to Imaam as-Sarakhsi رحمةاللعليو, the

author of al-Mabsoot. Shaykh-ul-Islaam: There are numerous Fuqahaa of the Hanafi Madh-hab who are referred to by this title, but when it is used unrestrictedly, no other name attached, then it refers to Imaam Ali ibn Muhammad Ismaaèel al-

Isbeejaani رحمةاللعليو, who passed away in the year 435 A.H. According to

Imaam ibn Àabideen رحمةاللعليو, when the title of Shaykh-ul-Islaam is used,

it refers to Imaam Muhammad ibn al-Husain al-Bukhaari, famously known as Bakr Khuwaahar Zaadah.

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As-Sadrush Shaheed: By this they are referring to Imaam Ùmar ibn Àbdil Àzeez ibn Maazah al-Bukhaari, known as Burhaan-ul-A'immah as well as Husaam-ud-Deen. He is called ash-Shaheed because he was killed by the Kuffaar at the event of Qatawaan in Samarqand, in Safar of the year 536, after which his body was taken to Bukhara to be buried. Saahib-e-Hidaayah was one of his students. Sadrush Shareeàh: This refers to Imaam Àbdullaah ibn Masòod (d. 747 A.H.), the grandson of Taaj-ush-Shareeàh. His grandfather, Taaj-ush-Shareeàh, was the author of al-Wiqaayah, and he wrote a Sharh of this Kitaab which is taught until the present day, referred to simply as: "Sharh-ul-Wiqaayah". Àammatul Mashaayikh (The Majority of the Shaykhs) / Al-Àammah (The Majority): When this term is used, it refers to the majority of the Ùlamaa of the Hanafi Madh-hab. Fakhr-ul-Islaam: When this title is used on its own, unrestrictedly, it refers

exclusively to Fakhr-ul-Islaam al-Bazdawi رحمةاللعليو, whose full name was

Àli ibn Muhammad al-Bazdawi, and who passed away in the year 428 A.H. Abu-l Layth as-Samarqandi: Two of the Hanafi Fuqahaa are referred to with this name. The first is Imaam Nasr ibn Sayyaar, famously known as al-Haafiz and who passed away in the year 294 A.H., and the second is Imaam Nasr ibn Muhammad ibn Ibraaheem, famously know as al-Faqeeh Imaam-ul-Hudaa, and who passed away in the year 373. The Kutub of Fiqh will differentiate between the two by saying Haafiz Abu-l Layth as-Samarqandi, in reference to the first Imaam, and Faqeeh Abu-l Layth as-Samarqandi in reference to the second. Al-Mutaqaddimoon (The Earliest Ones): When the Hanafi Fuqahaa use this term, they are referring to all of the Hanafi Ùlamaa who had met Al-A'immah Ath-Thalaathah (The Three A'immah): Imaam Abu Haneefah, Imaam Abu Yusuf and Imaam Muhammad. Al-Muta'akh-khiroon (The Latter Ones): When the Hanafi Fuqahaa use this term, they are referring to all of the Hanafi Ùlamaa who did not meet Al-A'immah Ath-Thalaathah (Imaam Abu Haneefah, Imaam Abu Yusuf and

Imaam Muhammad). However, Maulana Àbdul Hayy al-Lakhnawi رحمةالل mentions another view, which is that it refers to all of the Hanafi عليو

Fuqahaa from the time of Shams-ul-A'immah al-Hulwaani until the time of Haafiz-ud-Deen al-Bukhaari.

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Al-Muhaqqiqoon (The Researchers): This term is used for many Ùlamaa of the Muta'akh-khireen who had gone deep into researching the various Aqwaal of the Madh-hab, the dalaa'il, what is raajih and what is marjooh, etc. When the term "Al-Muhaqqiq" is used on its own, however, it

refers to Imaam al-Kamaal ibn al-Humaam عليورحمةالل , the author of Fat'hul

Qadeer who passed away in the year 871 A.H. Al-Mashaayikh: This term is used to refer to all of the Hanafi Ùlamaa

who did not meet Imaam Abu Haneefah رحمةاللعليو.

is used in the Kitaabs of Imaam ibn (Haa) ح When the letter :(Haa) ح

Àabideen رحمةاللعليو such as Raddul Muhtaar àlad-Durril Mukhtaar, then he is

referring to Àllaamah Ibraaheem ibn Mustafaa al-Halabi, the author of Tuhfatul Akhyaar àlad-Durril Mukhtaar, and who passed away in the year 1190 A.H.

as a (Taa) ط uses the letter رحمةاللعليو When Imaam ibn Àabideen :(Taa) ط

reference in his Kutub such as Raddul Mukhtaar, he is referring to Àllaamah Ahmad ibn Ismaaèel at-Tahtaawi, the author of Haashiyat-ud-Durril Mukhtaar, who passed away in the year 1231 A.H.

Section Three: Terminologies Pertaining to the

Kutub of the Madh-hab Al-Asl: This refers to the Kitaab known as al-Mabsoot written by Imaam

Muhammad ibn al-Hasan ash-Shaybaani رحمةاللعليو. It is called al-Asl (The

Foundation) because it was written prior to any of his other works, as

mentioned by Imaam ibn Àabideen رحمةاللعليو in Rasm-ul-Mufti.

Al-Usool: This refers to the six Kutub of Imaam Muhammad. These Kitaabs are also collectively referred to as the "Zhaahir-ur-Riwaayah". These six Kitaabs are: 1) Al-Asl, 2) Al-Jaami`-us-Sagheer, 3) Al-Jaami`-ul-Kabeer, 4) Az-Ziyaadaat, 5) As-Siyarus Sagheer, 6) As-Siyarul Kabeer. Al-Kitaab: When the Hanafi Fuqahaa use this term, they are referring to Mukhtasar al-Qudoori, because of all the Fiqh Kutub of the Hanafi Madh-hab, Qudoori is the most well-known.

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Al-Mabsoot: In the Hanafi Madh-hab, there are several Kitaabs named al-Mabsoot, such as al-Mabsoot of Imaam Muhammad, al-Mabsoot of Imaam as-Sarakhsi, al-Mabsoot of Imaam Abu Sulaymaan al-Jawzajaani, al-Mabsoot of Shams-ul-A'immah al-Hulwaani, etc. However, when the Fiqh Kitaabs use the term unrestrictedly, then they are referring only to al-Mabsoot of Imaam

as-Sarakhsi رحمةاللعليو. The Mabsoot of Shams-ul-A'immah as-Sarakhsi is one

of the most important Fiqh Kutub of the Hanafi Madh-hab, so much so that Imaam ibn Àabideen writes in Raddul Muhtaar, quoting Àllaamah at-Tartoosi: "We do not act (on a ruling) which opposes (the ruling) of Mabsoot of as-Sarakhsi. We do not rely on any (Kitaab) other than it. Fatwaa is not given except upon it (al-Mabsoot)." Al-Mutoon (The Texts): This refers to the Mukhtasar Kitaabs of Fiqh written by the giants of the Hanafi Madh-hab. These are among the most important Kitaabs of the Madh-hab, because in them the authors transmitted the Qowl which is the Muftaa Bihee (official verdict) of the Madh-hab, and the Qowl which is Raajih, unlike other Kutub which may mention a

Shaadh Qowl or one which is Marjooh. Imaam ibn Àabideen رحمةاللعليو in his

Rasmul Mufti mentions the most important Mutoon of the Hanafi Madh-hab, saying: "The Mutoon which are considered are: al-Bidaayah3, Mukhtasar al-Qudoori, al-Mukhtaar, an-Niqaayah, al-Wiqaayah, al-Kanz and al-Multaqaa. This is because these Kitaabs were written in order to transmit the (official view) of the Madh-hab." The Ùlamaa of the Hanafi Madh-hab then went further and stated that most these Mutoon mentioned above, the most important are three: 1) Mukhtasar al-Qudoori, 2) Al-Wiqaayah, 3) Al-Kanz.

Imaam ibn Àabideen رحمةاللعليو explains in Raddul Muhtaar:

"If there is a conflict between what is mentioned in the Mutoon and what is mentioned in the other Kutub such as the Shurooh (Commentaries) and Fataawaa, then consideration is given to what is mentioned in the Mutoon." When the Fuqahaa use the term, "The Four Mutoon", then they are referring to Mukhtasar al-Qudoori, al-Wiqaayah, al-Kanz and al-Mukhtaar. Al-Muheet: There is a difference of opinion among the Fuqahaa regarding which Kitaab is intended by the term, "Al-Muheet". Some say it refers to al- 3 This refers to Bidaayat-ul-Mubtadi of Imaam al-Margheenaani رحمة هللا عليه. Later on he wrote al-

Hidaayah as a Sharh (Commentary) of this Kitaab.

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Muheet ar-Ridhwi of Imaam Radhiyy-ud-Deen Muhammad ibn Muhammad ibn Muhammad as-Sarakhsi, who passed away in the year 544 A.H., whereas others say that it refers to al-Muheet al-Burhaani of Imaam Burhaan-ud-Deen Mahmood ibn Ahmad al-Bukhaari, who passed away in the year 616.

When this letter is used as a reference, the Hanafi Fuqahaa are :(B) ب

referring to al-Bahrur Raa'iq Sharh Kanz-id-Daqaa'iq of Àllaamah ibn Nujaym

al-Hanafi رحمةاللعليو.

When this letter is used as a reference, the Hanafi Fuqahaa are :(T) ت

referring to Nataa'ijul Afkaar of Qaadhi Zaadah.

When these two letters together are used as a reference, the Hanafi :(DR) در

Fuqahaa are referring to ad-Durrul Mukhtaar of Àllaamah al-Haskafi رحمةاللوعلي .

When this letter is used as a reference, the Hanafi Fuqahaa are :(F) ف

referring to Fat'hul Qadeer of Imaam al-Kamaal ibn al-Humaam رحمةاللعليو.

When this letter is used as a reference, the Hanafi Fuqahaa are :(K) ك

referring to al-Kifaayah Sharh-il-Hidaayah of Imaam al-Khawaarizmi رحمةالل .عليو

When these two letters are used as a reference, the Hanafi :(Haa-Alif) ىا

Fuqahaa are referring to al-Hidaayah of Imaam al-Margheenaani رحمةاللعليو.

When this letter is used as a reference, the Hanafi Fuqahaa are :(Y) ي

referring to Tabyeen-ul-Haqaa'iq of Imaam az-Zaylaì رحمةاللعليو.

Section Four: Terminologies Pertaining to the

Masaa'il of the A'immah of the Madh-hab: Al-Jurjaaniyyaat: When the Hanafi Fuqahaa use this term, they are referring to the Masaa'il which were compiled in Jurjaan by Imaam Muhammad. It has also been said that it refers to the Masaa'il that one of his students from Jurjaan narrated from him.

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Ar-Raqqiyyaat: When the Hanafi Fuqahaa use this term, they are referring to the Masaa'il compiled in Raqqah by Imaam Muhammad. It has also been said that it refers to the Masaa'il narrated from him in Raqqah by ibn Samaaàh. Zhaahir-ur-Riwaayah: This refers to the Masaa'il narrated from the A'immah of the Madh-hab, namely, Imaam Abu Haneefah, Imaam Abu Yusuf and Imaam Muhammad. Imaam Muhammad narrates these Masaa'il in six different Kitaabs: 1) Al-Asl, 2) Al-Jaamiùl Kabeer, 3) Al-Jaamiùs Sagheer, 4) Az-Ziyaadaat, 5) As-Siyarul Kabeer, 6) As-Siyarus Sagheer. The official verdicts of the A'immah of the Hanafi Madh-hab are found in these six Kitaabs; hence, they are the most authentic Kitaabs of the Madh-hab. "The Strongest Riwaayat". Some Hanafi Fuqahaa add Imaam Zufar and Imaam Hasan ibn Ziyaad as part of the A'immah whose Aqwaal make up by the Zhaahir-ur-Riwaayah, but the majority of the Fuqahaa restricted it to only Imaam Abu Haneefah, Imaam Abu Yusuf and Imaam Muhammad. It is called "Zhaahir-ur-Riwaayah" because it is narrated from Imaam Muhammad by narrators who are all thiqaat (reliable; trustworthy), and its authenticity is on the level of Mash-hoor or even Mutawaatir. Zhaahir-ul-Madh-hab: Same as Zhaahir-ur-Riwaayah. Ghayru Zhaahir-ir-Riwaayah: This refers to the Masaa'il narrated by Imaam Muhammad in the Kitaabs other than the Zhaahir-ur-Riwaayah, such as al-Amaali, an-Nawaadir, ar-Raqqiyyaat, al-Haarooniyyaat and al-Kaysaaniyyaat. It is called "Ghayru Zhaahir-ir-Riwaayah" because it has not been narrated from Imaam Muhammad with a chain as strong and authentic as the Zhaahir-ur-Riwaayah. Al-Kaysaaniyyaat: This refers to the Masaa'il that Imaam Sulaymaan al-Kaysaani narrates from Imaam Muhammad. He was one of the students of Imaam Muhammad. It has also been said that this is known as al-Kayyaaniyyaat because there was a man named Kayyaan for whom Imaam Muhammad wrote down these Masaa'il. Masaa'il-ul-Usool / Riwaayat-ul-Usool: According to the majority of the Hanafi Fuqahaa, this is the same as the Zhaahir-ur-Riwaayah. There were some Hanafi Fuqahaa, however, who said that Masaa'il-ul-Usool / Riwaayat-ul-Usool refers to the Masaa'il narrated by Imaam Muhammad in al-Jaamiùs Sagheer, al-Jaamiùl Kabeer, az-Ziyaadaat and al-Mabsoot, and that what he

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narrates in as-Siyarus Sagheer and as-Siyarul Kabeer is the Zhaahir-ur-Riwaayah. However, the first view is the view of the majority. An-Nawaadir: This refers to the Masaa'il that have been narrated from the A'immah of the Madh-hab, viz. Imaam Abu Haneefah, Imaam Abu Yusuf and Imaam Muhammad, but these Masaa'il do not appear in the Kutub of the Zhaahir-ur-Riwaayah. They may be narrated, for example, in Kitaabs such as ar-Raqqiyyaat, al-Haarooniyyaat, al-Kaysaaniyyaat, al-Jurjaaniyyaat, etc. of Imaam Muhammad, or even Kitaabs such al-Amaali of Imaam Abu Yusuf, or al-Mujarrad of Imaam Hasan ibn Ziyaad, or they are narrated through solitary reports, like the Riwaayaat of ibn Samaaàh, al-Muàllaa ibn Mansoor, ibn Hishaam, ibn Rustum, etc., with regards to specific Masaa'il. Al-Haarooniyyaat: This refers to some Masaa'il Imaam Muhammad had written out for a man named Haaroon. It has also been said that it refers to the Masaa'il gathered by Imaam Muhammad during the reign of Haaroon ar-Rasheed. Al-Fataawaa / Al-Waaqiàat: This refers to the Masaa'il which were derived by the Muta'akh-khiroon Mujtahids of the Hanafi Madh-hab, when they were asked questioned and did not find a Riwaayat in the Hanafi Madh-hab concerning it. The ones referred to here by Muta'akh-khiroon are the students of Imaam Abu Yusuf, the students of Imaam Muhammad and the students of their students, and so on and so forth, and they were many. The Kitaabs in which the Masaa'il of al-Waaqiàat are found are an-Nawaazil of Imaam Abu-l Layth as-Samarqandi, Majmoo`-un-Nawaazil of as-Sadrush Shaheed, al-Waaqiàat of an-Naatifi, Fataawaa Qaadhi Khaan and Muheet of Imaam Radhiyy-id-Deen as-Sarakhsi.

Section Five: Terminologies Pertaining to Iftaa:

The Hanafi Fuqahaa used different terms to refer to the various Aqwaal of the Madh-hab, depending on whether it was Raajih, Marjooh, the Muftaa Bihee, etc. These terms are:

1. Al-Ihtiyaat 2. Al-Ahwat 3. Al-Ashbah 4. Al-Asahh 5. Al-Aslah 6. Al-Azh-har 7. Al-Awjah

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8. Al-Awfaq 9. Al-Awlaa 10. Bihee Ya'khudhu Ùlamaa'unaa 11. Bihee Jaral Ùrf 12. Bihee Na'khudh 13. Bihee Yu`tamad 14. Bihee Yuftaa 15. As-Saheeh 16. Alayhil I`timaad 17. Alayhi Àmalul Yowm 18. Alayhi Àmalul Ummah 19. Alayhil Fatwaa 20. Al-Fatwaa Àlayhi 21. Huwal Mutaàaraf 22. Huwal Mukhtaar fee Zamaaninaa 23. Huwal Mu`tamad 24. Huwal Wajeeh

Àlayhil Fatwaa / Wa Bihee Yuftaa (The Fatwaa is Upon That / The Fatwaa is Given on This): Linguistically, the word Fatwaa is derived from

the word Fataa, which means a youngster. In Arabic it is said أفتاهفياألمر "He

gave him a Fatwaa in the matter," which means: "He made it clear for him." In terms of the Hanafi Madh-hab, these two terminologies are used when there are many different opinions regarding a particular Mas'alah. The Mujtahid will take just one of these Qowls (verdicts) because in his research, he has found this particular Qowl to be the strongest and have the most proofs to back it up. He thus says about this particular ruling: "Wa Àlayhil Fatwaa" (And the Fatwaa is upon that), or he says: "Wa Bihee Yuftaa" (and the Fatwaa is given on this). There is a difference between these two terminologies. When the Hanafi Fuqahaa use the term, "Wa Bihee Yuftaa" (and the Fatwaa is given on this), then this implies Hasr (restriction), i.e. the Fatwaa can only be given on this particular Qowl. Whereas, if the Mujtahid says, "Wa Àlayhil Fatwaa", then this is more general and less emphatic, and it implies validity of this particular Qowl. Imaam ibn Àabideen comments on this in Rasmul Mufti, saying:

فيولفظالفتوىيتضمنشيئين:أحدىما:اإلذنبالفتوى,والخرصحتو,مما ألناإلفتاءبوتصحيحلو

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"When the word Fatwaa (i.e. Àlayhil Fatwaa) is used, it conveys two meanings: 1) It is permissible to issue a Fatwaa upon this Qowl, and 2) this particular Qowl is valid, because the permission to give a Fatwaa on this Qowl implies its validity." Imaam ar-Ramli said: "The term: Wa Bihee Yuftaa is more emphatic than the term: Al-Fatwaa Àlayhi." Here is an example of the usage of each term from ad-Durrul Mukhtaar:

جوزرفعالنجاسةحقيقةعنمحلهابماءمستعمال,بويفتىوي

"It is permissible to remove Najaasat-e-Haqeeqi (physical impurity) with water even if that water be Maa-e-Musta`mal (water which had been used for making wudhoo or ghusl). Bihee Yuftaa (The Fatwaa is given on this." Here, the term "Bihee Yuftaa" is given, which, as mentioned earlier, implies Hasr (restriction), and thus the reader comes to know that this is the official view of the Madh-hab on this issue, and that this is the only Qowl upon which Fatwaa is to be given. An example of the second term:

واعلمأنوليسالكلببنجسالعينعنداإلمام,وعليوالفتوى "Know that a dog is not Najis-ul-Àyn according to Al-Imaam (i.e. Imaam Abu Haneefah), wa Àlayhil Fatwaa (and the Fatwaa is upon this)." [Ad-Durrul Mukhtaar.] As mentioned earlier, the usage of "wa Àlayhil Fatwaa" is more general and less emphatic, so it denotes that this is not the only Qowl upon which the Fatwaa can be given; it simply denotes that this particular Qowl is valid and it is permissible to give a Fatwaa on this Qowl. Wa Bihee Na'khudh / Wa Huwal Mu`tamad / Wa Àlayhil I`timaad (We take this view / This is the Mu`tamad (relied upon) view / Reliance is upon this view): These terms are used by the Mujtahideen to imply that a certain Qowl has stronger Dalaa'il (proofs) backing it up and thus it is given preference over the other Aqwaal. Alternatively, it is used when the Mujtahids consider this particular Qowl to be more lenient upon the people of that time, in order to make things easier for them, or the

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Mujtahids find it to be more appropriate for them, or the Mujtahids find it to be the safest, most precautious view.

Maulana Àbdul Hayy al-Lacknawi رحمةاللعليو said: "(These terms) are

mentioned after having mentioned a Hadeeth or Ahaadeeth and pointing out what is derived from the Hadeeth: 'Wa Bi-haadhaa Na'khudh' (And this is the view we take', or 'Bihee Na'khudh'. Thereafter, some details are mentioned...This shows that this is the chosen view and that Iftaa is given upon it." [At-Ta`leequl Mumajjad àlaa Muwatta'i Muhammad, v.1, page.142] Àlayhi Àmalul Ummah / Bihee Yu`mal (The Àmal of the Ummah is upon this / This is the view that is acted upon): What these two terminologies mean is that the Muta'akh-khireen Ùlamaa of the Madh-hab have ijmaa` (consensus) regarding adopting a certain Fatwaa with regards to a certain Mas'alah when there are many different Aqwaal (verdicts).

Imaam ibn Àabideen رحمةاللعليو stresses in Rasmul Mufti that this term is

given preference over all of the other terms, because when this term is used, viz. Àlayhi Àmalul Ummah or Bihee Yu`mal, it means that the Ahnaaf have Ijmaa` upon this particular Fatwaa. Àlayhi Àmalul Yowm (The Àmal Today is Upon This View): When this term is used, it means that the Hanafi Fuqahaa during a certain era had selected a certain Qowl from amongst the various Aqwaal and gave the Fatwaa on it, out of consideration for the circumstances of the Muslims at that time, and thus the Fatwaa was upon that Qowl in that era. Huwas Saheeh / Huwal Asahh (This is the Saheeh View / This is the Most Saheeh View): These two terms are used when doing Tarjeeh (giving preference) between the various Aqwaal. When a Mujtahid will mention a number of different Qowls and then say, after a particular one, "Huwas Saheeh" (this is the Saheeh view), it means that the other Qowls he mentioned are Dhaèef (unauthentic), and thus the Àmal will be upon the Saheeh Qowl and the Qowls that are Dhaèef will be left. However, if he mentions a number of Qowls and then says, "Huwal Asahh" (This is the Most Saheeh View), then it means that the rest of the Qowls he had mentioned are all Saheeh, but this Qowl is the most Saheeh, and thus the Àmal will be upon the Qowl that is Asahh (Most Saheeh). Huwal Azh-har / Huwal Awjah: Linguistically, Azh-har is the superlative form of Zhaahir, which means something that is clear. Thus, Azh-har means

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"the most clear". Azh-har and Awjah are used interchangeably. The Hanafi Fuqahaa use this term to mean that when there are a number of different Aqwaal, and the Mujtahid has gone through them, researching them and pondering over them, and one particular Qowl stands out clearly to him as having the strongest evidences as compared to the others, then this Qowl is referred to as the Azh-har Qowl, or the Awjah Qowl. Huwal Mukhtaar fee Zamaaninaa (This is the Chosen View in Our Time): When the Mujtahid uses this term, it means he has given a Fatwaa on this particular Qowl not because this Qowl has the strongest Adillah (evidences), but due to dharoorah (necessity), or Ùmoom-ul-Balwaa (an affliction that affects everyone), or because of the era changing, or because of fasaad, i.e. on account of the corruption of the era, he gives the Fatwaa on this particular Qowl in order to save the people from fitnah and fasaad. An example of this is where the "official" Qowl may result in people falling into a certain evil. Thus, to save them from this he does not give the Fatwaa on that Qowl, but rather on a different Qowl which he believes to be more precautious. This is the meaning of, "Huwal Mukhtaar fee Zamaaninaa" (This is the chosen view in our time). Huwal Asbah (It is the Most Alike): Ash-Shibh, linguistically, means resemblance, i.e. one thing resembling another or being like it. In the terminology of the Hanafi Madh-hab, it means that a particular Qowl is "most like" the Mansoos (that upon which there is Nass), and thus the Fatwaa is given upon it. In other words, when they say that a particular Qowl is Ash-bah, what they are saying this: "This verdict is most like the verdict of Imaam Abu Haneefah, or Imaam Abu Yusuf, or Imaam Muhammad". It resembles it. An example of this is these three A'immah not having issued a Fatwaa on a particular Mas'alah. However, they had issued a Fatwaa on a Mas'alah that is similar to it. This other Mas'alah is then posed to a Mujtahid; however, the three A'immah had not issued a Fatwaa on it. What does he do? He will go through the Aqwaal of the various Fuqahaa of the Madh-hab regarding this Mas'alah which has been posed to him, and he will see which Qowl is most like the Qowl which had been given by the Three A'immah on that other Mas'alah. Huwal Mutaàaraf / Bihee Jaral Ùrf (This is the Custom / The Custom is Upon This): In the terminology of the Hanafi Madh-hab, Ùrf refers to a custom that is established as being valid and good in the minds of

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Muslims, and it is something that is accepted by people who have a sound temperament. Thus, when they say regarding a particular Qowl that this is the Mutaàaraf, or "Bihee Jaral Ùrf", they mean the Muslims in their time do this particular thing and this Qowl is thus in conformity with their Ùrf. Imaam ibn

Àabideen رحمةاللعليو says about this in Raddul Muhtaar:

فكثيرمناألحكامالتينصعليهاالمجتهدصاحبالمذىببناءعلىما كانفيعرفووزمانوقدتغيرتبتغيراألزمان

"There are many Ahkaam (rulings) which the Mujtahid founder of the Madh-hab had given based on the Ùrf prevalent in his era, and these rulings might change with the changing of times."

The Principles of Doing Tarjeeh between Aqwaal:

In Rasmul Mufti, Àllaamah ibn Àabideen رحمةاللعليو lays down some

principles needed by a Mufti who is a Mujtahid when doing Tarjeeh between the various Aqwaal mentioned in the Kutub of Fiqh. There are ten in total, and they are:

1. When one Qowl is referred to as Saheeh and the other as Asahh, Asahh is given preference.

2. If one Qowl is referred to with the term Fatwaa and the other Qowl is

not, then the Qowl referred to with the term Fatwaa (such as Bihee Yuftaa) is given preference, because Fatwaa is not given except on the Qowl that is Saheeh.

3. If one of the Qowls also appears in the Kutub known as the Mutoon

and other Qowl does not, preference is given to the Qowl which appears in the Mutoon over a Qowl that appears in the Kutub of Shurooh (commentaries) or Fataawaa.

4. If one of the Qowls is the Qowl of Imaam Abu Haneefah and the

other is the Qowl of one of his students, and no Tarjeeh had been done by the senior Fuqahaa of the past, then the Qowl of Imaam Abu Haneefah is given preference. However, if the students of Imaam Abu Haneefah differ with him in a particular Mas'alah, then a

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Mujtahid will see which of the two Qowls has stronger Dalaa'il, and he will give preference to that Qowl over the other. There are no Mujtahideen in the world today, so in this time, in such a scenario the person will simply give preference first and foremost to the Qowl of Imaam Abu Haneefah, thereafter the Qowl of Imaam Abu Yusuf, and lastly the Qowl of Imaam Muhammad.

5. If one of the Qowls is found in the Zhaahir-ur-Riwaayah and the other is not, then of course preference is always given to the Zhaahir-ur-Riwaayah because that is the basis of the Madh-hab.

6. If there are two Qowls, and the one Qowl is the view of the majority

of the Fuqahaa of the Hanafi Madh-hab, whereas the other Qowl is the view of a minority of Fuqahaa of the Hanafi Madh-hab, then preference is given to the Qowl of the Jumhoor (majority) of the Fuqahaa.

7. If one Qowl is based on Istihsaan and the other is based on Qiyaas,

preference is given to the Qowl that is based on Isithsaan, except in a few cases.

8. If one Qowl is more beneficial to Waqf than the other, preference is

given to it.

9. If one Qowl is more suitable for that particular time, it is given preference to the Qowl which is less suitable. An example of being more suitable or less suitable is if some evil will come about through people acting on a particular Fatwaa, whereas if they were to act upon the other Qowl they would avoid falling into that evil, then this Qowl which prevents them from evil is the Qowl which is more suitable. This is because the duty of the Mufti is to take people closer to Allaah Taàalaa, not closer to Shaytaan.

10. If the Dalaa'il (proofs) of one Qowl is clearer and more apparent than

those of the other Qowl, then preference is given to this Qowl by a Mujtahid after having carefully contemplated the matter.

As was evident from the earlier section wherein the various terminologies of Iftaa were explained, some terminologies are given preference over others. Hereunder we shall list them in order of strongest to weakest:

1. Àlayhi Àmalul Ummah: This is given preference over all of the other terminologies of Iftaa because what it means is that the

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Fuqahaa of the Hanafi Madh-hab have Ijmaa` upon this particular ruling.

2. Bihee Yuftaa / Àlayhil Fatwaa / Al-Fatwaa Àlayhi: This is the second category, and, as mentioned previously, the strongest of these is "Bihee Yuftaa". Then, Àlayhil Fatwaa is stronger than Al-Fatwaa Àlayhi. The terms "Wa Bihee Na'khudh" and "Wa Àlayhil Àmal" also falls under this second category.

3. Al-Asahh / As-Saheeh: This is the third category, and as mentioned

earlier, Asahh is given preference over Saheeh.

4. The Superlative Form: When the superlative term is used, it is given preference over the regular form, such as Ahwat, which is the superlative form, and it is given preference over Ihtiyaat. Awjah is the superlative form, and it is given preference over Wajeeh. The same goes for Ashbah and Azh-har. All of these fall under the fourth category.

Section Six: Terminologies Pertaining to the

Conditions of the Aqwaal and Ahkaam: Ìnda / Ìndahu (According to him): When these two terms are used in the Kutub of Fiqh, it means that the Qowl of the Imaam is upon this. Thus,

by way of example, if it is mentioned in the Kitaab: ىذاعندأبيحنيفة "This is

according to (Ìnda) Imaam Abu Haneefah," then what this means is that this Qowl was the official stance of Imaam Abu Haneefah on this Mas'alah. It is mentioned in ad-Durrul Mukhtaar:

واعلمأنوليسالكلببنجسالعينعنداإلمام "Know that a dog is not najis-ul-àyn according to (Ìnda) the Imaam." What this means is that this was Imaam Abu Haneefah's official viewpoint. Àn / Ànhu (From / from him): When these two terms are used, on the other hand, then they signify that this was simply one Qowl or Riwaayat from this Imaam, but not his official stance. Thus, when they say "This has been mentioned from (Àn) the Imaam," it means that this was just one Riwaayat

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from him, but it was not his official verdict. His Fatwaa was not on that. This is the reason behind using Àn and Ànhu. Qaaloo (They said): When the Hanafi Fuqahaa use this word when speaking about a Mas'alah, it means that there were many different views amongst the Fuqahaa regarding it. When the word is used by certain A'immah such as Saahib-e-Hidaayah and Imaam al-Halabi, then they mean that this particular Mas'alah is Dhaèef or it is not the Raajih view. Qeela / Yuqaal (It is said): When the Fuqahaa such as Imaam al-Halabi use this word when speaking about a Mas'alah, then it means that it is Dhaèef and Marjooh. However, this is not something that is definite, because there are other Fuqahaa amongst the Ahnaaf who used this word but not in that meaning, as you will find in Kitaabs such as Tanweer-ul-Absaar. Al-Jawaaz: In the Hanafi Madh-hab, the Fuqahaa use the term Jawaaz for a few different meanings.

1. It is sometimes used in the meaning of permissibility, i.e. that the ruling is valid. An example of this is in Fat'hul Qadheer, wherein it is mentioned:

ويجوزللجنبأنيذكراللتعالى,ويأكلويشربإذاتمضمض "It is Jaa'iz for a Junub (person in need of a ghusl) to make Dhikr, and to eat and drink if he has rinsed his mouth."

2. It is sometimes used in the meaning of validity and something being discharged, as in the case of a Faasiq giving testimony: the testimony is valid even though his fisq is not permissible, i.e. saying his testimony is jaa'iz does not mean that his fisq is jaa'iz, and this is clear.

3. Sometimes it is used to mean an action which does not result in

punishment, such as things that are Mubaah, or Makrooh Tanzeehi, or Mandoob or Waajib. An example of this is what is mentioned in ad-Durrul Mukhtaar:

اإلسراففيالماءالجاريجائز "Israaf in flowing water (like the water at the bank of a river) is 'jaa'iz."

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Commenting on this statement of Imaam al-Haskafi, Imaam ibn `Aabideen says that though he uses the term "jaa'iz", he means Makrooh Tanzeehi. Thus, when the word is used in this sense, it is for something that should not be done, but if it has been done then the person will not be punished. Laa Ba's (There is no Harm): This term is also used for several different meanings.

1. Sometimes it is used to mean that a particular thing is Mubaah. An example of this is the Fatwaa of Imaam Muhammad in al-Asl:

والبأسبأنيلبسالمعتكفوالمعتكفةمابدالهمامنالثياب "There is no harm (laa ba's) with a man performing I`tikaaf or a woman performing I`tikaaf (at home) wearing whatever clothes are available to them."

2. Sometimes it is used to mean something that is better to leave off, and this is the most common way in which the term Laa Ba's is used. An example of this is the Fatwaa of Imaam Muhammad in al-Asl, where he says:

"If a man performs Tawaaf after Tawaaf-e-Ziyaarat, a Tawaaf which he intends as a nafl one or Tawaaf-us-Sadr...And there is no harm (laa ba's) in him staying after that for as long as he wants, and then leave, but what is afdhal (best) is that he performs Tawaaf immediately prior to leaving." It is sometimes used to mean something that is Mandoob. An example of this is the Mas'alah mentioned in ad-Durrul Mukhtaar:

ولوزاد)أيعلىالثالث(لطمأنينةالقلبأولقصدالوضوءعلىالوضوء,ال بأسبو

"If he increases (upon washing three times in wudhoo) for the purpose of contentment of the heart, or intending wudhoo upon another wudhoo, laa ba'sa bihee (there is no harm)." Imaam ibn `Aabideen comments upon this by saying:

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وفيوإشارةإلىأنذلكمندوب

"This implies that it is mandoob (to do so)." Laa Yambaghi (It is not appropriate): This term is used for two meanings:

1. It is sometimes used to refer to a thing that is Makrooh Tanzeehi and should not be done. An example of this is what is mentioned in Mukhtasar al-Qudoori, with regards to the words of the Talbiyah during Hajj:

ىذهالكلماتوالينبغيأنيخلبشيءمن "Laa Yambaghi (it is not appropriate) for him to leave out any of these words."

2. It is sometimes used to mean Hurmat (prohibition). An example of this is the Fatwaa of Imaam Muhammad:

ركبتووالرجل...الينبغيلوأنينظرمنالرجلإلىمابينسرتوإلى "It is not appropriate (Laa Yambaghi, i.e. it is Haraam) for a man to look at the area between the navel and the knees of another man." [Al-Asl] Yambaghi (It is appropriate): This term also has two meanings when used by the Hanafi Fuqahaa:

1. It is sometimes used among the Fuqahaa of the Mutaqaddimeen to mean something that is Waajib. An example of this is the Fatwaa of Imaam as-Samarqandi in Tuhfatul Fuqahaa:

ينبغيأنيدعوىم وإذالقيالغزاةقومامنالكفارفإنلميبلغهمالدعوةأصال إلىاإلسالمأوال

"If the Muslim fighters (in Jihaad) encounter a group of Kaafirs who have never heard about Islaam, then it is appropriate (Yambaghi) to first call them to Islaam (before fighting them)."

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2. It is sometimes used by the Muta'akh-khireen Fuqahaa in the meaning of Mandoob. An example of this is the statement of Imaam al-Haskafi in ad-Durrul Mukhtaar, regarding the manner of Salaah:

فلوتذكرالتعوذبعدالفاتحةتركو,ولوقبلإكمالهاتعوذ,وينبغيأنيستأنفها "If the person performing Salaah forgets to recite the Ta`awwudh and then only remembers after having recited Soorah al-Faatihah, then he will leave it. However, if he remembers it before completing Soorah al-Faatihah, then he should recite the Ta`awwudh, and it is appropriate (Yambaghi) that he should recite it (Soorah al-Faatihah) over."

قيفوالت يلواللىوالعت وكاربت اللنذإبتم ت

ميحالر ابو الت تنأكن اإني لعبتوميلعالعيمالس تنأكن اإن ملب قت رب نا

نيمالعالبروللدمحالو

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Nidaa-ul-Haqq Publications:

1. Kitaab-ul-Âqeedah 2. Hadhrat Diraar ibn al-Azwar (Radiyallaahu Ànhu) 3. Celebration of the Kuffaar Holidays: The Stance of the Ùlamaa-e-

Haqq and a Fitting Response to the Deviants 4. Sayyidaat-ul-Jannah (The Queens of Jannah) 5. Solving Tarkeeb 6. The Relief After Hardship 7. The Rush Towards Wrestling 8. 40 Ahaadeeth on the Virtues of Shahaadah and Seeking Goodness

from Allaah and an Increase 9. Al-Fiqh Al-Akbar 10. Al-Fiqh Al-Absat 11. Noor-ul-Anwaar fee Sharh-il-Manaar Volume I 12. Noor-ul-Anwaar fee Sharh-il-Manaar Volume II 13. Sharh al-Àqeedah an-Nasafiyyah (A Commentary on the Creed of

Imaam an-Nasafi) 14. The Battle of Yamaamah

(Virtues of the Turban) فضائلالعمامة .15

16. Hajj & Ùmrah 17. The Removal of Doubts 18. The Battle of Hanoot 19. Brightening the Pages with the Virtues of Imaam Abu Haneefah

(Arabic Version) فضائلالعمامة .20

These are a few of the Nidaa-ul-Haqq publications. More are available from the website: Address: https://nidaaulhaqq.wordpress.com Email: [email protected]

https://nidaaulhaqq.wordpress.com/

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