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Muharram 11 Tuesday Hijrah 1444
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Title – The Message   Preface   Arabian Peninsula the Cradle of Islamic Culture   Arabia before Islam   Conditions of Roman and Iranian Empires   Ancestors of the Prophet   Birth of the Prophet   Childhood of the Prophet   Rejoining the Family   Period of Youth   From Shepherd to Merchant   From Marriage up to Prophethood   The First Manifestation of Reality   The First Revelation   Who were the First Persons to Embrace Islam?   Cessation of revelation   General Invitation   Judgement of Quraysh about the Holy Qur’an   The First Migration   Rusty Weapons   The Fiction of Gharaniq   Economic Blockade   Death of Abu Talib   Me’raj – The Heavenly Ascension   Journey to Ta’if   The Agreement of Aqabah   The Event of Migration   The Events of the First Year of Migration   Some Events of the First and Second years of Migration   The Events of the Second Year of Migration   Change of Qiblah   The Battle of Badr   Dangerous Designs of the Jews   The Events of the Third Year of Migration   The Events of the Third and Fourth years of Migration   The Jews Quit the Zone of Islam   The Events of the Fourth Year of Migration   The Events of the Fifth Year Of Migration   The Battle of Ahzab   The Last Stage of Mischief   The Events of the Fifth and Sixth years of Migration   The events of the Sixth Year of Migration   A Religious and Political Journey   The Events of the Seventh Year of Migration   Fort of Khayber the Centre of Danger   The Story of Fadak   The Lapsed ‘Umrah   The Events of the Eighth Year of Migration   The Battle of Zatus Salasil   The Conquest of Makkah   The Battle of Hunayn   The Battle of Ta’if   The Famous Panegyric of Ka’b Bin Zuhayr   The Events of the Ninth Year of Migration   The Battle of Tabuk   The Deputation of Thaqif goes to Madina   The Prophet Mourning for his Son   Eradication of Idol-Worship in Arabia   Representatives of Najran in Madina   The Events of the Tenth Year of Migration   The Farewell Hajj   Islam is completed by the Appointment of Successor   The Events of the Eleventh Year of Migration   A Will which was not written   The Last Hours of the Prophet  

Fiqh and Fuqaha

Mulla Asgharali M.M. Jaffer

 

Chapter 3: Chapters and Titles of Fiqh

 

As mentioned earlier, the range of topics covered by Fiqh is very wide. It is therefore necessary to briefly acquaint oneself with the chapters and headings of these subjects. The only subjects, which are outside the pale of Fiqh, are the fundamentals and the Islamic ethics.

It must be noted that the classification of the subjects under Fiqh was first organised by Muhaqqiq Hilli in his famous work Sharae, and later, Shaheed­e­Awwal, glossed over it. He divided the topics into four parts: Ibadaat, (acts of worship), Uqood (contracts), Iqaa’at (pronouncements) Ahkam (the laws).

Ibadaat

All those acts which ought to be performed as prescribed in Sharia, and must be preceded by the Niyyah of Qurbat are known as Ibadaat. e.g. daily prayers, fasting, Haj etc.

Ahkam

Those duties which are to be discharged according to Sharia, but do not necessarily require any Niyyah of Qurbat nor do they require any pronouncement of specific formula while performing them are called Ahkam. For example, the laws of inheritance, the penal code, the laws of compensation and blood money etc.

Uqood

Those contracts of Sharia which do not require the Niyyah of Qurbat, but are to be declared with the pronouncement of a formula in which one party declares the intention and another responds by acceptance, are called Aqd (pl. Uqood) for example, Marriage (Nikah), Ijarah (letting or leasing), Bay’ (buying and selling) etc.

Iqa’aat

Iqa’aat are those pronouncements, which do not require participation of two parties. In other words, a person pronounces it unilaterally, and the act is considered valid in Sharia, e.g., remission of debt (releasing a debtor from his liabilities), divorce, and releasing a slave etc.

Muhaqqiq Hilli has discussed all the four categories under forty-eight Chapters. In Ibadaat, he has ten chapters, in Uqood fifteen, in Iqa’aat eleven and in Ahkam twelve. Later, these numbers have had some alterations, which we shall notice in the course of our discussion.

In the early era, that is, the first and the second century Hijra, the Fuqaha chose one or two topics of Fiqh and wrote about them. They did not venture to write a comprehensive work covering the whole range. As we study their lives, we find that they have authored books on Salat, Ijarah, Nikah and so on. Instead of stating that they have dealt with a particular chapter in Fiqh, they named each separate treatise as Kitab. Thus, we come across Kitabu-n-Nikah, Kitabu-t-taharah and so on.

In the next chapter we will examine how Muhaqqiq Hilli divided Ibadaat in ten chapters.

 

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