Comments on: Questions on Some Issues Related to Maliki Usol and Minority Fiqh https://www.virtualmosque.com/islam-studies/questions-on-some-issues-related-to-maliki-usol/ Thu, 26 Mar 2009 02:31:41 +0000 hourly 1 https://wordpress.org/?v=7.0.4 By: Faiez https://www.virtualmosque.com/islam-studies/questions-on-some-issues-related-to-maliki-usol/#comment-9434 Thu, 26 Mar 2009 02:31:41 +0000 http://www.virtualmosque.com/blog/?p=3701#comment-9434 SubhanAllah, it's really important us to look at the surrounding real life context to a scholars ruling. A lot of times we judge the scholar based on his fatwa and not based on how he came about with his fatwa (i.e. with what real life understanding did he give this ruling). The scholars of the past understood this and they had a respect for each others rulings because of that. They true intellectual vigor rather than childish polarity (whether very liberal or ultra conservative).

jazakAllahu khayr for this post, really cleared up some thoughts I've had for a while.

]]> By: Suhaib Webb https://www.virtualmosque.com/islam-studies/questions-on-some-issues-related-to-maliki-usol/#comment-9433 Wed, 25 Mar 2009 17:55:27 +0000 http://www.virtualmosque.com/blog/?p=3701#comment-9433 Asalamu alaykum,

Dear Humza:

No was my intention to come at you like kimbo Slice. Sorry, my time doesn't let me prepare a paper on this subject in the manner I would like. The subject cannot be addressed in a mere paragraph or two. Please have a look at those resources, digest them and we will talk once I'm done with studies this spring and back in the states.

SDW

]]> By: chaudhry https://www.virtualmosque.com/islam-studies/questions-on-some-issues-related-to-maliki-usol/#comment-9432 Wed, 25 Mar 2009 05:08:43 +0000 http://www.virtualmosque.com/blog/?p=3701#comment-9432 Assalamu'alaykum wa Rahmatullahi wa Barakatuhu

Sidi Suhayb: Please do not interpret my words as a challenge or refutation. I am simply trying to wrap my head around a concept which doesn't seem to be very clear to me at this time.

My copy of the Mi'yar is coming insha'allah soon. I am assuming that you mean Imam Wansharisi.

If you could be so kind as to send me the chapter headings for the citations from the I'tisam and Muwafaqat, I would also be much obliged. It seems like I am working from different editions than you are.

I have ordered the Tuwalah and it should also be coming soon, insha'allah.

If you had any clarificatory remarks that would clear up any misunderstandings that I conveyed in my last comment I would appreciate that as well. It may help more than simply sending page numbers.

I appreciate your time.

Humza

]]> By: chaudhry https://www.virtualmosque.com/islam-studies/questions-on-some-issues-related-to-maliki-usol/#comment-9431 Wed, 25 Mar 2009 01:54:44 +0000 http://www.virtualmosque.com/blog/?p=3701#comment-9431 Wa'alaykum Assalam wa Rahmatullahi wa Barakatuhu

Sidi Suhaib. Jazakallahu Khayran for taking time out to respond to the inquiries of this lowly one. Please do not interpret my poor choice of words to be a challenge. Rather I am trying to understand what you have said properly.

By the Mi'yar, I am assuming that you mean Imam al-Wansharisi? My copy should be arriving by the weekend insha'allah…

Can you also please send me the chapter headings of the citations from the Muwafaqat and the I'tisam? I think we have different editions, so if you would indulge me, I would be very grateful.

Humza

]]> By: Suhaib Webb https://www.virtualmosque.com/islam-studies/questions-on-some-issues-related-to-maliki-usol/#comment-9430 Fri, 20 Mar 2009 06:08:56 +0000 http://www.virtualmosque.com/blog/?p=3701#comment-9430 Asalamu alaykum,

Dear Humza:

Perhaps if you looked at some of the major books in the school it would have been better? The above was an email conversation and the evidences I used were not my own but those of the school. [see, al-M'yar vol. 6. pg. 395 please note the evidence I gave above were used by the great Imam's of the school in their discussions with al-Shattibi. Also, have a look at as well as the important Phd. done on the subject by Dr. Muhamamd Amin walid Salim ibn Shaikh pg. 249-266. I would also encourage you to see al-Muwafaqat vol. 4 pg. 151 as well as al-'Itisam vol. 2 pg. 352. for al-Shattibi's evidences as well]

]]> By: Humza Chaudhry https://www.virtualmosque.com/islam-studies/questions-on-some-issues-related-to-maliki-usol/#comment-9429 Fri, 20 Mar 2009 02:41:51 +0000 http://www.virtualmosque.com/blog/?p=3701#comment-9429 Assalamu'alaykum wa Rahmatullahi wa Barakatuhu

The claim that the Nabi, sallallahu 'alayhi wa sallam, “took the marjuh” on an issue is a very tall claim. Each of the three cases you mentioned can easily be chalked up to an issue of a situation where clearly the lesser of two evils was chosen, which in the first two cases had to do with giving priority to the very Iman of a person over issues that were of a lower tier in terms of priority. I don't think that allowing a person to urinate in a mosque is the opinion of any scholar or an opinion of any validity at all, in fact, so it puzzles me as to how it can be referred to as “marjuh” rather than just straight wrong. Remember the five conditions you chalked out in the Tulahah; the fifth condition seems to an ignorant one like myself to be totally non-existent in this example. To an ignorant one like myself it seems distressing that actions of the messenger of Allah, 'alayhi assalam, would be considered marjuh. I would appreciate it if you gave us some sort of citation of the 'ulama of the past making such a claim, or you informing us if these are your own thoughts. Such a service would put a lot of misgivings in this ignorant one to rest.

humza

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