- Qawa’id Fiqhiyya Part-2 is the second part of the two courses that shall cover a classical text of qawa’id al-fiqh cover-to-cover in Arabic: Sharh al-Qawa’id al Fiqhiyya by Sheikh Ahmad al-Zarqa
- Sharh al-Qawa’id al Fiqhiyya is the best explanation of the Majalla, the Ottoman Court Manual, which is the first codification of Islamic Law
- Deepen your understanding of fiqh by learning the qawa’id, or principles, behind the fiqh—which is invaluable in remembering and understanding the details of various rulings
- The course shall offer students an introduction to the nazariyyat, or classification of various qawa’id, and to the maqasid of sharia as well
- Qibla’s previous Arabic-based fiqh and usul al-fiqh courses, and even the first part are not prerequisites to enrolling in this course
- Start developing the knowledge and skills necessary to access classical texts in Arabic
- See first-hand how a classical text is explained by a teacher trained traditionally in a madhab
About the Course
Qawa’id Fiqhiyya Part-2 is the second of two courses that shall cover the Sharh al-Qawa’id al-Fiqhiyya by Sheikh Ahmad al-Zarqa, which is the best explanation of ninety-nine legal principles from the Ottoman Court Manual—the Majalla.
Classes shall be conducted entirely in Arabic. This qawa’id al-fiqh course extends Qibla’s successful run of Arabic-based courses, by following up the Arabic fiqh and usul al-fiqh series (Maraqi al Falah and Usul ash-Shashi) for more advanced students of knowledge who are capable of studying a text directly in Arabic. The previous Arabic-based courses are not prerequisites to enrolling in Qawa’id Fiqhiyya. The level of Arabic required is not more advanced than the previous offerings.
Part-2 shall continue students to qawa’id al-fiqh—the general fiqh principles or legal maxims upon which individual rulings are based, and cover the last fifty-four of the ninety-nine legal maxims of the Sharh al-Qawa’id al-Fiqhiyya. The sharh makes use of case studies and practical examples, allowing students to deepen their grasp of the qawa’id as employed in the Hanafi madhab. The course shall use the principles and case studies covered in the text and look at their practical application and exceptions. The course shall also introduce students to the higher level nazariyyat, or classifications of qawa’id al-fiqh, and the overarching maqasid, or goals and objectives of the sharia. Extra material from other qawa’id texts shall be introduced by the teacher where necessary.
Being directly based on the Arabic text itself, the course is also an ideal opportunity for students to develop fiqh-specific vocabulary, and the knowledge and skills necessary to directly access classical texts. This course thus presents an excellent opportunity for all students of knowledge, whether Hanafi or otherwise, to deepen their understanding of fiqh and Arabic.
القواعد الفقهية – الجزء الثاني
أولاً: نظرية وسائل الإثبات
الثَّابِتُ بِالْبُرْهَانِ كَالثَّابِتِ بِالْعَيَانِ
الْبَيِّنَةُ عَلَى الْمُدَّعِي، وَالْيَمِينِ عَلَى مَنْ أَنْكَرَ
الْبَيِّنَةُ لإِثْبَاتِ خِلَافِ الظَّاهِرِ، وَالْيَمِينُ لإِبْقَاءِ الأَصْلِي
لَا حُجَّةَ مَعَ التَّنَاقُضِ، لَكِنْ لَا يَخْتَلُّ مَعَهُ حُكْمُ الْحَاكِمِ
ثانياً: نظرية ضوابط الاجتهاد
لَا مَسَاغَ لِلاجْتِهَادِ فِي مَوْرِدِ النَّصِّ
مَا ثَبَتَ عَلَى خِلَافِ الْقِيَاسِ فَغَيْرُهُ لَا يُقَاسُ عَلَيْهِ
الاجْتِهَادُ لَا يُنْقَضُ بِمِثْلِهِ
ثالثاً: نظرية الترجيح بين الأدلة المتعارضة
لاَ عِبْرَةَ بِالدَّلَالَةِ فَي مُقَابَلَةِ التَّصْرِيحِ
دَرْءُ الْمَفَاسِدِ أَوْلَى مِنْ جَلْبِ المَنَافِعِ
الضَّرُورَاتُ تُبِيحُ الْمَحْظُورَاتِ
الضَّرُورَاتُ تُقَدَّرُ بِقَدْرِهَا
رابعاً: نظرية الالتزام
السَّاقِطُ لَا يَعُودُ كَمَا أَنَّ الْمَعْدُومَ لَا يَعُودُ
لَا يَتِمُّ التَّبَرُّعُ إِلَّا بِالْقَبْضِ
خامساً: نظرية التوابع
التَّابِعُ لَا يُفْرَدُ بِالْحُكْمِ
يُغْتَفَرُ فِي التَّوَابِعِ مَا لَا يُغْتَفَرُ فِي غَيْرِهَا
سادساً: نظرية الشروط الجعلية في العقود
الْمُعَلَّقُ بِالشَّرْطِ يَجِبُ ثُبُوتُهُ عِنْدَ ثُبُوتِ الشَّرْطِ
يَلْزَمُ مُرَاعَاةُ الشَّرْطِ بِقَدْرِ الإِمْكِانِ
الْمَوَاعِيدُ بِصُوَرِ التَّعَالِيقِ تَكُونُ لَازِمَةً
سابعاً: نظرية الضمان
إِذَا اجْتَمَعَ الْمُبَاشِرُ وَ الْمُتَسَبِّبُ يُضُافُ الْحُكْمُ إِلَى الْمٌبَاشِرِ
الأَجْرُ وَ الضَّمَانُ لَا يَجْتَمِعَانِ
الْمُتَسَبِّبُ لَا يَضْمَنُ إِلَّا بِالتَّعَمُّدِ
The course will consist of weekly Live Sessions led by Dr. Ashraf Muneeb. The course shall be based on comprehensive slides—students shall not need a copy of the Majalla or the Sharh al-Qawa’id al-Fiqhiyya. Sheikh Ashraf shall hold weekly office hours where students can meet with him one-on one. Students shall also have to sit for a Final Examination in order to successfully complete the course and enroll in Part-2.
Weekly Time Commitment
The course shall require an estimated hour per week outside the Live Sessions to review the material and take notes.
There is no required text for this course—all the material shall be presented in the course slides.
The course is conducted entirely in Arabic and assumes students can read and understand the language with the level of proficiency required to attend a class, take notes, ask questions, and read a text in Arabic.
Qibla’s previous Arabic-based fiqh and usul al-fiqh series (Maraqi al Falah and Usul ash-Shashi) are not required pre-requisites to enrolling in this course.
Why is studying qawa’id al-fiqh a unique opportunity to deepen your understanding of the fiqh of your madhab?
The discipline of qawaid al-fiqh is unique, in that it is not a separate science like usul al-fiqh, but is something that is intrinsic to the science of fiqh itself.
The usul help one understand how the fiqh rulings were derived externally. The qawa’id on the other hand is a retrospective look at the corpus of rulings to arrive at common principles that they share internally. It aims to plunge down to find the shared essence behind various rulings, and then classify or group them together under unifying principles. The qawa’id thus provides students with a deeper essential understanding of shared principles behind various fiqh positions. If these internal principles of fiqh are memorized, or one is well-versed in them, one becomes armed with the key with which to remember the various different fiqh rulings in all the wide-ranging areas of fiqh application—from worship, to marriage, to financial transactions. The detail in the various areas of fiqh may seem overwhelming. However those well-versed in the qawa’id can remember the details, or arrive at them correctly, by knowing the principle behind them. The qawa’id therefore play a great role in the formation of Islamic law, since they are retrospectively used as principles to deduce the law itself. It is a key part of any advanced student of knowledge’s understanding of the fiqh of their madhab.
Why are Qibla’s Arabic-based courses such a special opportunity to take one’s pursuit of knowledge to the next level?
This course is being taught directly in Arabic. No translations, no secondary sources – here students shall read directly from the text of an actual classical work of qawa’id al-fiqh with a qualified teacher. This presents a level of exposure to the science of fiqh, and the Hanafi school of law, that is simply beyond the reach of a course being taught in English.
Why? Simply because working with the actual Arabic words themselves, and not with a translator’s explanatory rendition, is the only way students can get a feel for what it means for the vocabulary of a text to be specific to that science. Reading the text directly in Arabic offers a window of insight into the crucial dimension of understanding, and correctly interpreting, the legacy of scholarship we have been left with in the various Islamic disciplines. Over time, working with the Arabic text provides students with the basis, and the familiarity with the science-specific vocabulary to read further classical texts by themselves. Studying directly in Arabic to get a direct feel for the scholarly tradition of Islam. This is the real thing.
Why is Traditional Learning key to understanding such classical texts?
The different Islamic sciences have specific technical vocabulary and contextual details that are key to understanding the texts within the sciences correctly. This technical knowledge – the specific details and the greater context of all the different positions that exist in a madhab – is not found in the texts themselves.
The texts of the tradition are written by specialists for specialists – i.e. the authors assume that the reader shall already be familiar with the technicalities. The text is therefore meant to be expounded to students by a qualified person.
Studying under a qualified teacher, who can clarify embedded points in technical vocabulary and give students the correct context for the different positions that exist in a madhab, is thus the only way to learn from classical texts without falling into misinterpretation.
This knowledge can only be taken from people who have directly sat with teachers of the tradition and thereby learnt how the tradition works, and how it is applied. This broader understanding is the key knowledge to correctly understanding the scholarly tradition of our deen. This is traditional knowledge.
And it is not found by reading on one’s own. One must therefore learn from the scholars of the tradition.