Sharia, Fiqh and Jurisprudence

This book offers a detailed presentation of the theory of Muslim law (usul al-figh). Often regarded as the most sophisticated of the traditional Islamic disciplines, Muslim jurisprudence is concerned with the way in which the rituals and laws of religion are derived from the Qur’an and the Sunna – the precedent of the Prophet. Revelation, which is given to man to restore unity and help him achieve a just and devout order in society as well as in the soul, must be interpreted so as to render it practicable in every culture, while not betraying its spirit and immutable provisions. To achieve this, additional sources of legal authority are recognized, including consensus (ijma), analogical deduction (qiyas), public interest (maslaha) and local customary precedent (urf). In employing these, the jurist guards the five principles which it is the purpose of Islamic law to uphold, namely, the right to life, sound mind, property, lineage and religion.

This book deals with the importance of having an Islamic will. Author Hisham Ibn Fahmi Ibn Moussa Al-Aref explains what a will is and how important it is in Islam.
Islam highly encourages, if not obligates, writing a will as soon as possible, since one does not know when Allah will take the Muslim’s soul back to Him. Many man-made laws also recognize the importance of a will and the difficulties that the absence of one can cause. The will can include both financial and religious matters and can be a document for reference and application without disputes.

The Salah is the most crucial affair in a Muslim’s life. To preserve one’s religion, one has to observe it consistently; otherwise, one would be negligent of the Salah, let alone other acts of worship. It is the pillar of Islam, as it is soundly reported from the Prophet (May Allah elevate his rank & grant him peace). At the same time, the remaining deeds serve as the axis of support. Similarly, a tent without a pillar is useless. The Salah is the criterion for accepting all other deeds; if it is rejected [by Allah], all other deeds will be rejected. It is the first obligation ever in Islam and the last act of worship to wither. So, if one is negligent to the first and the last thing in Islam, then one will lose everything in-between.

Inadequate observance of the Salah that lacks adherence to its prescribed form in the manner performed by the Messenger of Allah (May Allah elevate his rank & grant him peace) will derail one’s religion. It will invalidate all deeds, cause misconduct in one’s religious and worldly affairs.

This work studies the position of the Sunnah in Islam and its fundamental relationship to the Qur’an. The author carefully examines the sensitive issue of the development of the oral and written traditions, the problems scholars faced despite painstaking work verifying the authenticity of reports, the character of narrators, etc. and the ever growing complexity of a body of narratives that were making the simplicity and clarity of the Prophet’s life, words, and actions, a burgeoning maze of information. Taking the praiseworthy intention and effort to emulate the Prophet into account, the author nevertheless makes the case that once the Sunnah had been collected, the Muslim community began to neglect the Qur’an in favor of narrations of what the Prophet had done and said on the pretext that such narratives “contained” the Qur’an. Eventually they then abandoned the Sunnah narratives in favor of Islamic jurisprudence on the pretext that Islamic juristic texts tacitly included both the Qur’an and the Sunnah. It is with the aim of restoring the relationship between the two that this work has been written, that is, the Prophetic Sunnah must be tied inextricably to the Qur’an in a way that allows for no contradiction or conflict between the two, to avoid misapplication and abuse of hadith, and to meet the requirements and challenges of a new age.