Grade VIII- note on Battle of Hunayn

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XII- Creative Thinking

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Grade XII note : Fiqh of Priorities

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Grade X Rulings on Marriage

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Grade X : Note on Chastity

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Thinking in Islam

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Grade VIII note on The Merits of Believer

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Grade VIII note Battle of Hunayn

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Grade XI Lesson 4 ; Rules of Jurisprudence

LEARNING OBJECTIVES

·        Understand the meaning of jurisprudence

·        Infer the importance of Juridicial maxims.

·        Explain the five normative juridicial maxims

I)KEY WORDS

1.     Jurisprudency

2.     Juridicial maxims

3.     Ijtehad – independent reasoning

4.     Qiyas – deductive analogy - comparison

III)ANSWER THE FOLLOWING

11)    Discuss the concept and emergence of Jurisprudence?

Ans) Jurisprudence means the rules and regulations of fiqh according to the Islam law which infer the society and benefit it in positive ways. The concept of Jurisprudence is to concise general legislative rules on matters similar to jurisprudential maxims. The emergence of Jurisprudence can be considered from the Prophet’s era and its rules are deduced from the text of Holy Quran and Suunah. The formats of these rules were gradually established in the ages of the prosperity of Islamic Jurisprudence.

22)    What is the importance of the rules of Jurisprudence?

Ans. The rules of jurisprudence are of great value to a person pursuing knowledge; these rules assist in:

-         Understanding and memorizing many similar jurisprudential matters.

-         Knowledge of the blessings of religion, its noble purposes and the fact that it suits all time and all place related to past, present or future.

-         Constituting a jurisprudential capability, which enables a student to deduce jurisprudential rulings on new facts through qiyas.

3.) Discuss the normative juridicial maxims.

Ans) Rules of Jurisprudence are not of the same degree. There are five famous normative maxims which all fiqh schools of thought have agrred upon relying on them. These maxims include branches of all fiqh sources. The five normative rules of jurisprudence are as follows:

1i.     Acts are judged by the intention behind them.

The words and deeds of man are subject to his intention. His deeds

are acceptable and deserve rewards if his intention is right. They are

unacceptable and constitute guilt of his intention is corrupt.

2ii.      Certanity is not overruled by doubt.

If one has doubts but one is possessed by prior certainty, one will not be

bothered with doubts. Instead he refers to one's prior certainty because

certainty is firm belief whereas doubt is hesitation as to whether something

will occur or not.

3iii.     Harm must be eliminated.

There are circumstances which being out hardship or difficulty to man when applying by Sharia rulings. Hardship is of two types.

·        Customary hardship:

This type of Hadrship is related to worshipping customs such as the hardship of fastening or the hardships of Haj. There are countless examples of it.

·        Uncustomary Hardship:

This is emergent and requires extra efforts such as hardship in travel and sickness.

4iv.     Hardship begets facility.

Sharia forbids harming the self or others by forbidding the occurrence of

harm in the first place or by removing harm when it occurs

5v.     Custom is the basis of judgment.

Words and deeds which people are accustomed to and have normalized

are ascribable to norms and considerable customsif they do not contravene

a Sharia text and have no measure in Sharia or language.

Custom denotes recurring happenings with the majority of people; these

happenings recur until they become acceptable, ie. people do not

object to them or feel that they are exotic. Convention is a mater which

most people are accustomed to and which belongs to words, deeds or

avoidance. If a matter is subject to judgment, this denotes that settlement

and ruling constitute the basis of adjudication between people.

Note : Grade XI Lesson 3 Shura in Islam

LEARNING OBJECTIVES

·        Understand the meaning of Shura

·        Infer the benefits of Shura

·        Identifying the qualities of Consultant

I)KEY WORDS

1.     Shura

2.     Consultancy

3.     Consultant

III)ANSWER THE FOLLOWING

11)    What is the concept of Shura?

Ans) Shura means consultation in Islam. It refers to asking opinion leaders their different opinions in order to reach the best opinion. The person asking for consultation reviews all opinions and chooses the nearest to what is right in order to realize the best opinion.

Jabir (a ) said, "The Messenger of Allah (used to teach us to

make istikhara (ib asking Allah to guide one to the best path in all

things. just as he used to teach us surahs from the Quran" (an-Nasa'i.

This shows that the concept in Shura is not limited to the opinion leaders only, instead any person can make consultation with Allah himself for guidance.

22)    What are the domains of Shura?

Ans. Shura comprises all domains of life including economic, political and social domains. It comprises the public and private interests, a person can conduct shura on a private issue such as consulting others about studies, marriage or a private commercial enterprise.

Also, Shura can also be restricted to a particular group such as advisers and specialists – Scholars – and can be directed to all members of society such as opinion polls. Shura is conducted on matters addressed by a text from the Holy Quran or Sunnah because independent reasoning –ijtehad- is not resorted to when there is a text. Shura is conducted in the case of new issues which are not subjected to prior rule, which means if the rules are already introduced in  the society than the same rules can be applied except in case of independent reasoning.

3.) What are the benefits of Shura?

Ans)   These are summed up in reaching an opinion which is nearest to what is

right. When is done it results in avoiding mistakes or exposing public and

private interest to hazards. Shura allows for

1 discovering existing energies and talents in society through reviewing

expressed opinions and ideas,

2 positive participation in bearing responsibility.

3. establishing a culture of constructive dialogue in society.

4. unifying the energies and efforts of the members of society thus raising

the level of performance and achievement in this society.

4)What are the qualities of a consultant?

Ans) Prohet SAW said that ‘’A consultant is trustworthy’’

The qualities of consultants depend on the subject of consultation as each

matter has an aspect of particularity which determines the qualities of

the persons being consulted. Economic issues differ from medical and

social issues, for instance. However, there are basic qualities which must

be possessed by the consultant including:

sincerity and honesty: in order to realize integrity as regards opinion

and avoid personal interests and bad intentions.

knowledge and expertise: so that solutions are practicable, feasible

and executable.

energies and talents: as the capabilities and talents of people vary

and differ between one field and another. Some possess talents with

respect to tackling social problems, for instance, while others have

talents in the field of economy. This holds true of different fields

5- What are the duties of a consultant?

Ans- The duties of consultant are as follows:

1. preserving the secrets of people and not disclosing them.

2. to be conducted in a lenient style distanced from nervousness and

impatience.

3. showing respect to the person seeking consultation and appreciating

his trust and need

4. avoiding conceit and boasting as regards others.