Using known fiqh issues to solve the unknown

One of the fiqh books I am working on is Ibn Daqīq al-‘Eid’s Tuḥfat al-Labīb, which appears to be the earliest commentary on Abū Shujā‘ al-Aṣfahānī’s Ghāyat al-Taqrīb (translated as The Ultimate Conspectus). His commentary provides evidence for most of the issues given in the book. He frequently presents alternative opinions within the school, differentiating between the opinions of Imam al-Shāfi‘ī (a “qaul”), and the opinions of the “colleagues” (the “aṣḥāb”) – early major Shāfi‘ī scholars (a “wajh”). Occasionally, he presents parallel paths of transmitted alternative opinions within the school (each path is a “ṭarīq,” which combine to form “ṭuruq”). There are even a few places where Imam al-Shāfi‘ī gives different answers to similar issues, and each of those answers will be transferred to the other and an additional opinion will then be extracted. The following examples show many of these things in action.

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Comment: For Public Purity outs itself as a hoax

Flyers from “For Public Purity” have been found several public spaces in the UK. The leaflets call for the ban of dogs from the public sphere. The flyers include links to an associated website and Facebook page. These flyers come at a time of heightened British xenophobia and many non-Muslims have already expressed their upset with what they perceive as another example … Read more…

Supreme Synopsis: Fasting Ramadan

This post is part of a series of posts taken from Hanbali Acts of Worship, based on Ibn Balbān’s Akhṣar al-Mukhtaṣarāt (The Supreme Synopsis). The comments ‹between chevrons› come from its commentary Kashf al-Mukhaddarāt. Fasting Ramadan is required of every Muslim who is responsible and able upon sighting the crescent moon [of Ramaḍān] (even if sighted … Read more…

The #wtfiqh Collection #3

The is the third #wtfiqh collection which includes examples of faulty legal reason. The first is available here.

Disclaimers

  1. Many #wtfiqh entries also apply to non-Muslim law. I would not entrust myself to a faqīh or lawyer who makes use of them.
  2. Keep in mind that #wtfiqh is about failures in legal reasoning. It should not be confused with #WhatIsTheFiqh.
  3. If you find yourself inclining towards any of these things, please reconsider.

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Antiprotips Collected #2

The #antiprotip series includes existing patterns or behavior that need to be avoided. If you find yourself inclining towards any of these things, please reconsider. You can find the first collection is here. Ignorance is a sin so never admit it, just say anything and add “…but there are differences of opinion on this” #antiprotip … Read more…

On Animal Extermination

An excerpt from my Rights and Duties Pertaining to Kept Animals, soon to be published by Tabah Foundation. In addition to forbidding animal abuse in general, the Prophet ﷺ also forbade taking their young, burning them, damaging their habitats, and exterminating species. Ibn Masʿūd (may Allah be pleased with him) reported: We were with the Messenger … Read more…