Book Name: Compilation and History of Fiqh and Ifta.. Author : M. Kamal Misbahi .

Book Name: Compilation and History of Fiqh and Ifta 

Author: Mufti Muhammad Kamal-ud-Din Ashrafi Misbahi 

Pages: 112

Publisher: Ashrafia Islamic Foundation, Hyderabad, Deccan

Commentator: Mohammad Tufail Ahmad Misbahi 


Islamic jurisprudence is in fact the pure knowledge of the Book of Allah, Sunnah (Qur'an and Hadith), consensus of the Ummah and Qiyas, which, with the attainment of the blessings of Darwin, encompasses innumerable religious and worldly interests. In Islamic but also in human society, attracting profit and repelling corruption is its distinguishing feature and its four branches (Hanafi jurisprudence, Maliki jurisprudence, Shafi'i jurisprudence, Hanbali jurisprudence) are a blessing for the entire Muslim Ummah. In today's age of famine, where the sun is shining brightly on all sides of knowledge and action, it is Islamic jurisprudence that seems to guide the Muslim Ummah towards guidance and happiness and destination. Islamic jurisprudence is the name of a sound and straightforward way of thinking which has been irrigated with the pure springs of the Qur'an and Sunnah and has provided the believers with the means of worldly and otherworldly prosperity. This is the divine gift by which the Ummah of Muhammad has been exaltedIn light of this, he is obliged to pave the way of life. Islamic jurisprudence is the name of the practical rules of the Qur'an and Sunnah. Some of its rules and instructions are determined by the Qur'an and Sunnah and some of its rules are derived from the principles of the Divine Word and the Hadith of the Prophet. Islamic jurisprudence, which came into being through the combination of these two, is before us today in the form of a stable practical law.

The importance and significance of Islamic jurisprudence can be gauged from the following quotation, which states: And this is the capital of honor and pride that other nations have not received before. The beauty and perfection of the world system depends on it. Also, social and moral interests are based on this "Islamic jurisprudence".

Islamic jurisprudence and the relationship of the Islamic leader and it is a life that has been destroyed, it has been destroyed, it has been destroyed and it is not part of the history of the Islamic Ummah, it is a part of the mammoth, and it is proud of its great pride and its characteristics which are not common to it. Explaining the rights of the Islamic community, but also the perfection of the system of society, which is a comprehensive social and ethical bill. The Islamic jurisprudence of the general system of the general community, all the rules of opinion are complete, there is little or no legislation.

(Introduction to Research, Rejection of Al-Muhtar Ali Al-Dar Al-Mukhtar, Vol.

The book under discussion, “Compilation and History of Fiqh and Fatwas” is a high level scholarly and research work of Hazrat Allama Mufti Muhammad Kamal-ud-Din Ashrafi Misbahi Dam Zila-ul-Aali, in which the greatness of Islamic jurisprudence, importance and breadth of jurisprudence and fatwas, both Subtle differences between the four jurisprudences (Hanafi jurisprudence, Maliki jurisprudence, Shafi'i jurisprudence, Hanbali jurisprudence), the legal status of the fatwa, the literal and terminological definition of jurisprudence and fatwa Important topics such as principles and principles are elaborated with arguments and evidence. Similarly, the questions that:Is it necessary for a Mufti to be a Mujtahid? Who is allowed to give fatwa? On whose authority should the fatwa be issued? What will be the order of the fatwa if the opinions of the Hanafi jurists are different? , What are the reasons for preference in different phrases? When is it permissible to deviate from the words of the Imam? The author has given satisfactory scholarly answers and has discussed with arguments on all possible aspects of each subject, which does not make the readers feel any kind of thirst. See this excerpt:

Research and mutual understanding are an important and fundamental part of human life. This process started from eternity and will continue till the Day of Judgment. He interprets this understanding and understanding, seeking and discovering and researching in the terminology of science and art as "Fiqh and Ifta" and calls his experts in Shariah issues "Faqih and Mufti". The jurist and mufti were applied to the absolute mujtahid in ancient times. In the early days, such nascent issues were called fatwas, the rulings of which were narrated by the mujtahid jurists with their ijtihad, and no narration about them was narrated from the companions of the religion. When the time of mujtahidin jurists came to an end and the era of taqlid began, the narration and narration of the mujtahidin's derivative and ijtihad issues from the people began to be interpreted as a "fatwa" and which keeps a close eye on the various classes of jurists. And the Rajah and Marjuh and the Mufti have the ability to distinguish between the sayings, suchThe transmitter of the fatwa came to be called "Faqih and Mufti". In terms of this diversity, jurisprudence and ifta are almost equal in their meaning, there is not much difference between the two. The only difference is that the jurisprudence is special and the fatwa is general.

(Compilation and history of jurisprudence and fatwas; p. 2/3)

After explaining the concept of jurisprudence and fatwa and jurist and mufti, the great author has shed light on the breadth and comprehensiveness of jurisprudence and fatwa and the subtle differences between the two in these words, The lentils are:

Jurisprudence is the most extensive and accurate knowledge in Islamic sciences. On the one hand, it is the name of applying the Qur'an, Hadith, the sayings of the Companions, the Ijtihad of the jurists, the details and branches, the prevailing and the real needs of the Ummah, keeping in view the changing circumstances of the times. On the other hand, from the issues of purity and impurity to worship, affairs, society, etiquette and morals and all those things which are related to the status and sanctity and immorality or non-immorality.
The field of fatwa is wider than jurisprudence. This is because the fatwa also deals with matters such as faith, sects, history and biography, mysticism and ethics, ethics and manners, worship and affairs, solution of ancient and modern problems with society and politics, and interpretation and application of principled and sectarian issues. Are included.

(Compilation and History of Fiqh and Fatwas, p. 2)

Famous Muftis, Brief History of Fatwa, Definition of Jurisprudence, Subject, Purpose, Virtue and Legal Status of Jurisprudence, Brief History of Jurisprudence, Mujtahidin-e-Sahaba, Types of Mujtahidin-e-Sahaba Discussions such as the promotion and evolution of jurisprudence in the Islamic world add to the importance and spirituality of the book. After describing the four schools of jurisprudence, the author has informed the readers about the compilation of jurisprudence, the need for compilation and the method of compilation of jurisprudence. Similarly, special topics related to Hanafi jurisprudence such as: Principles of Hanafi jurisprudence, classes of Hanafi jurists, classes of Hanafi books, books of principles and rare, books of events, identification of sources and authoritative books of Hanafi jurisprudence in the present era, authoritative texts and commentaries. And fatwas are of great importance, which are a source of guidance for students of research in jurisprudence.

Fatwa writing is a very important, dignified and responsible process. Not everyone is allowed to sit in this important position and not everyone is allowed to give fatwa. Even the greatest scholar and scholarly scholar is not authorized to issue fatwas. The jurists have laid down strict conditions for this and have laid down its rules and etiquettes which are extremely difficult and these rules and conditions are found in very few people. The Mufti is the deputy of the Shariah, who, after thorough research and thorough deliberation, answers the questions of the questioner in the light of the Shariah arguments and performs the duty of guiding the people in religious matters. In view of this importance, the rules and regulations of fatwa writing have been given the form of regular art and this art has been given the name of "Rasm-ul-Mufti". The basic issues of fatwa writing are discussed in detail in Aqood Rasmul Mufti and its "Sharh". Verse:فَسْئَلُوْٓا َْهْلَ الذِّكْرِ ِْنْ كُنْتُمْ لَا تَعْلَمُونَ Provides evidence of jurisprudence and ifta.

The author of the book, Hazrat Mufti Kamal-ud-Din Ashrafi Dam Zila, has highlighted the difficulties of writing a fatwa and its official requirements and has described its following conditions and etiquette. In the light of these principles and conditions, we can know very well the situation of today's Muftis who have been forced to sit on the post of Ifta and are creating an atmosphere of division and disunity among the people by issuing false fatwas.

(2) Listen carefully to the question that is put before the Mufti, read it. What is the purpose of the question? Try to understand it. If necessary, he should also ask the questioner for clarification regarding the hidden corners.

(2) The question requires detail and in answering the separate clauses there is a possibility that the questioner will adopt for himself the clause in which his benefit, or headship or well-being, even if his case is not related to this clause. If so, do not respond by establishing a clause on your part, but determine the circumstances of the incident through criticism and then respond.

(2) In the answer, consider all the details that can be found in the context of the question, copy the part that is in accordance with the question.

(2) Answer from the authentic books of religion. Do not certify from weak books.

(2) If there are two kinds of details in relation to the question in question, or there are two kinds of probabilities in the same part, then one of the preferred jurists should adopt the opinion, or the probability which he has preferred.

(2) And even if the preference is different, the companions of distinction should give a fatwa on whomever they have chosen for the fatwa. If he is unable to find the words of the Mufti, he should order him to return to the horizon, or he should return himself. Even if it is not possible, he should pause that answering now is not a fatwa, it will be "tyranny".

(2) The answer should cover all the necessary aspects. Extensive study, dedication and precision are essential for this.

(2) If the answer is related to the solution of a problem and the solution is different, then in the answer he should adopt the solution which is workable and if the solution is not workable for any reason, then the mention of it is useless.

(2) The Mufti should be alert, alert. Negligence is not right for him. Because in this age, people often get fatwas by changing the form of events with tricks and tricks and show in front of others that such and such mufti gave me fatwas. They consider their success only by having a fatwa in hand, but they overcome the opponent because of it. Who sees what happened and what was revealed in the question?

(2) It is also necessary for the Mufti to be tolerant, cheerful and smiling. Speak softly If there is a mistake, take back (your opinion and fatwa). Never hesitate to turn to your mistake. Don't understand what people will say to me that it is haraam not to return by giving wrong fatwa, be it out of modesty or arrogance.

(2) Along with all these matters, it is also imperative that the comprehensive conditions of the fatwa, in the service of the expert mufti, be present day and night and receive the training of ifta, become a khugr of striving and self-listed Become an expert in higher affairs. The religious scholar who is comprehensive of these attributes and conditions is the one who is qualified to copy the fatwa (giving fatwa) and he is the only reliable and trustworthy mufti narrator and his fatwas are an argument and obligatory action for the scholars below him.

(Book under commentary, p. 2/1/5)

The literary, artistic, linguistic and historical status of the fatwa cannot be denied. Those who keep an eye on the linguistic history and evolution of Urdu are well aware of the fact that jurisprudence and fatwas have significantly increased the reserves of Urdu language and literature in addition to Arabic and Persian. The great Sufis and Grand Muftis have provided color and oil to the Urdu language in every age and have raised it from the depths of the earth to the heights of the heavens. But it is unfortunate that the linguistic services of the masters of Sharia and Tareeqah are being deliberately ignored today.
"The Literary, Artistic and Linguistic Status of Fiqh and Fatwa" is a topic on which M.Phil or Ph.D. dissertations can be written with conditions.

The poisonous pen of the great author has also exposed this fact in a very untouched manner and has openly discussed the literary and artistic status of jurisprudence and fatwas from a literary point of view. So he writes:

If all the capitals of the fatwa are studied in depth, its importance can be gauged from different angles. Fatwas are of great literary, linguistic and historical significance. Interpretation of important legal issues and provisions in easy and smooth Urdu language on the one hand reflects the breadth of the Urdu language itself and on the other hand the perfection of Mujib and Mufti on the language. Fatwas also have an important place in Urdu technically. Essay writing, especially research papers, is considered one of the modern inventions. If fatwas are examined from this point of view, then some fatwas are known to be high-level scientific and research articles. The difference is only in civilization and decoration and that is not a big difference. In Urdu literature, essay writing is considered to be due to the Aligarh movement, although long before and after this movement, fatwas often appear in books which can be considered as one of the best articles in Urdu. Fatwas also linguisticallyHas special significance. Through them the linguistic variations of the Covenant can be estimated and since the fatwas are related to Islamic jurisprudence, the legal words (specific terms) of the Arabic language that have entered the Urdu language through them, Can also be traced. Fatwas of a particular country or a particular region can also be used to gauge the temperament, intellectual and psychological characteristics of a class of Muslims. Fatwas are also historically significant. Because history is a collection of states and nations. Therefore, fatwas which provide details of the individual and collective condition of a nation can be definite in the making of history.Can Fatwas of a particular country or a particular region can also be used to gauge the temperament, intellectual and psychological characteristics of a class of Muslims. Fatwas are also historically significant. Because history is a collection of states and nations. Therefore, fatwas which provide details of the individual and collective condition of a nation can be definite in the making of history.Can Fatwas of a particular country or a particular region can also be used to gauge the temperament, intellectual and psychological characteristics of a class of Muslims. Fatwas are also historically significant. Because history is a collection of states and nations. Therefore, fatwas which provide details of the individual and collective condition of a nation can be definite in the making of history.

(Source: p. 1)

The author, Bakmal Mufti Kamal-ud-Din Ashrafi Misbahi, while proving his intelligence and perfection of skill, has summarized in this book almost all the important and necessary aspects of jurisprudence and ifta in a very concise and comprehensive manner. The style is purely scientific and investigative. There is a strong commitment to citations and modern sensibility prevails in the presentation. He has a keen eye on the principles of jurisprudence and ifta. That is why they present everything related to the subject in the light of arguments and evidences and discuss it in detail. In this sad era of traditionalism, there is a lack of knowledge and wisdom in the fields of education, preaching, sermons, research and writing. In such a situation, the existence of a talented scholar and researcher like Mufti Kamal-ud-Din Ashrafi is a boon. The book is the best in terms of quantity and quality and in terms of form and meaning and is equally useful for scholars, teachers and students. The master of the madrassas needs thatIncorporate it into your curriculum as a "compulsory study."
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