Saturday, July 19, 2008

Usool al Fiqh Questions Summer 2008


ISLAMIC STUDIES ACADEMY
Mid-Term Assignment Spring 2008

Course Code:
FQH 302
Course Title:
USOOL AL-FIQH - II
Instructor:
Ismaila Rasheed
Due Date:
Mid term exams


AL MADZHAR J. AHMADUL


Assignment 1:

Allah says in the Qur’an 8: 60 …. “Against them make ready your strength to the utmost of your power …by which you may terrify the enemy of Allah”……
a) How do we apply the meaning of the word ‘power’ in our times?

Answer: Power here means steeds of war. Just like in the time of the Prophet صلى الله عليه وسلم when he referred to shooting arrows as power. In our times, whatever means of war that is highly effective can be taken to mean power. In this aspect we have to distinguish between the means and the goal. At the time of the Prophet, the means of war are arrows, swords, spears, and animals such as horses and camels, that are part of medieval warfare. The goal of which is to defend oneself and defeat the enemy. The means in our times have changed as technology has changed. But the goal has remained the same. Islam has to be defended because there will always be falsehood and its people who is opposed to truth and its adherents. Thus, the word ‘power’ in the Qur’an can be taken to mean any modern weapon of deterrent, defense and offense.

b) Is the statement “By which you may terrify the enemy of Allah”… a justification for those who classify Islam as a terrorizing religion?

Answer: No definitely not. Rather we have to put this verse into context. In modern vernacular this ‘terrifying the enemy of Allah’ is none other than ‘deterrence’. Meaning, no one would dare to attack a country, for example, with a weapon that can inflict immeasurable damage such as nuclear weapons because of the disastrous consequences if the attack is reciprocated. When USA dropped the A bomb to Japanese Cities of Hiroshima and Nagasaki, this led to their unconditional surrender. No one would dare to attack a country as such. In fact, this ‘deterrence’ policy is the way how nuclear countries justلify their activities. The ‘enemies’ here are the aggressive ones who knew no rules and laws and who are thinking of attacking the nascent Muslim community. Please note that Nuclear weapon that indiscriminately kills none combatants and innocent people is fundamentally not allowed in Islam.

Further if one reads on to the next few verses,

But if they incline to peace, you also incline to it, and trust in Allah. Verily, He is the All-Hearer, the All-Knower.) ( And if they intend to deceive you, then verily, Allah is All-Sufficient for you. He it is Who has supported you with His help and with the believers.) 8:61-62

…one would see that this exhortation to amass means of protection is not one of aggressive in nature due to the fact that once the enemy inclines to peace, and the believers are convinced of their peaceful intentions then they are enjoined to put their trust in God.

Assignment 2:

The majority of scholars agreed that Ijmaa’ (Consensus) is a proof and it is compulsory to work with it. The question now is, has there been anything like Ijmaa’ in the history of Islamic legislation?

Taking into account that just after the Prophet’s departure (saw) the boarder of the Islamic Nation expanded and scholars also traveled from one place to another.

Yes there are lots of example that an Ijmaa’ occurred. In fact a scholar named Ibn Al Mundhir wrote a book that compiled the consensus that arguably occurred between the Muslims. Example such Ijmaa’ is the caliphate of Abu Bakr, the burial place of the Prophet, the collection of the Qur’an, the Taraaweh Prayer etc. The Muwatta of Imam Malik also mentioned several consensus such as the inheritance of paternal half-siblings, the inheritance of maternal half-siblings, the judgement of the sale with the precondition of being free of all defects, and the sale of meat for meat can entail a form of usury (riba al-fadl).

Wallahu ‘alam