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INTRODUCTION
USUL Al-FIQH (literally meaning the foundation to FIQH)
relates to the study of the basis to Commands of Allah.
lead them astray and excite in them vain desires, and bid
them so that they shall slit the ears of the cattle, and
most certainly I will bid them so that THEY SHALL
ALTER Allah's creation; and whoever takes the Satan for
a guardian rather than Allah he indeed shall suffer a
manifest loss. Satan gives them promises and excites vain
desires in them- and the Satan does not promise them
but to deceive. These are they whose abode is hell, and
they shall not find any refuge from it (Surah NISAA116 to 121). There are other more worse atrocities too
that have been taken-up just by the name of ISTEHSAN
at the Surgical field; may Allah save all Muslims from all
atrocities; Al-Hamdu Lillah. As for ISTESLAH, the
notable
point is that it had been of some value in
previous times remaining under the KITAB and the
SUNNAH and it has been taken-up by all the four
notable IMAMS in their own respective ways yet its
application too is certainly adverse only in todays scenario
since a century or so. Although ISTESLAH is said to
relate to adopting necessary adjustment required to take
the matters of life ahead without challenging any Islamic
Teaching yet mostly it has been applied at many issues in
such ways in the present times that proved adverse to
the Islamic Teachings in the long-run; in essence those
issues were among the MUBAH certainly. Note well at
this juncture that the establishment of few institutions on
the basis of ISTESLAH, that relate mostly to Education,
Medicine and Law, have led to challenging the Islamic
Commands clearly given by the KITAB and the SUNNAH
and as such, have proved it unworthy to take-up at the
IJTEHADI process in the present times. This is due to
THE KEY-STATEMENTS
Besides the four so-called additional secondary sources
that are relevant statements to the process of
IJTEHAD-ISTINBATI, there are other very important
Key-Statements in FIQH based on the KITAB and the
SUNNAH, that also do have the weight that claims
relevance at the IJTEHADI process. Although these KeyStatements are related to the FIQH rather than the
USUL Al-FIQH yet they claim a high importance here
too, specially five of them, as they also do assist
IJTEHAD-ISTINBATI enjoying the status very like the
four so-called additional secondary sources; in actual,
those four also are the Key-Statements that are closely
related to USUL. Note that two of these FIVE very
important Key-Statements, that have been named even as
the Five Normative Maxims in FIQH, have already been
mentioned in the four so-called additional secondary
sources; Al-Hamdu Lillah. These two are ISTESHAB
indicated by words here that Certainty is not over-ruled
by doubt and URF indicated by words here that Custom
must remain clear too that all persons are innocent until
proven guilty as is shown in the statement related to
ISTESHAB that certainty is not overruled by doubt and
as such, nobody must be blamed unless and until his wrong
intention to something is obvious. There is a narration by
UMAR-RA in the authentic Ahadith to this effect that
the Prophet PBUH said, Deeds are related to the
intention behind them. And for a man is what he intends.
If a mans migration is for Allah and His Messenger then
his migration is (recorded) for them; but if his migration
is for the world to earn it or for a woman to marry her
then his migration is focused on that for which he has
migrated (TIRMIDHI). Intentions do value for deeds and
if someone has wrong intention not caring about the
pleasure of Allah, then even if the work he has taken-up
is virtuous, he would not get benefit at AKHIRAT from it
certainly. Also, no adverse dealing must be shown when
some forgetfulness leads to an adverse deed or it is done
without any intention to it whatsoever; there is a
HADITH on this point narrated by ALI-RA that tells us
The pen is raised concerning three, one who is asleep till
he awakes, a child till he attains puberty and an insane
person till he regains senses (TIRMIDHI). When a
person commits an act without any true intention to it, his
attention towards Allah would certainly save him from its
bad effects. The Holy Book Quran says. Repentance with
Allah is only for those who do evil in ignorance, then turn
attention (to Allah) soon, so these it is to whom Allah
deals mercifully, and Allah is ever Knowing, Wise (Surah
NISAA-17). This pair of the Key-Statements does tell
with other things, that the benefit of doubt goes to the
one who is charged with a crime and the proof for the
crime is on the person who claims about someone that he
has committed a crime; Al-Hamdu Lillah.
The second pair of statements tells us that harm has to
be eliminated yet that must not by done by putting
another harm in replacement. Please note this well here
that harm is only that which the KITAB and the
SUNNAH designate as harm; in other words whatever is
wrong as clarified by these two, they have to be avoided.
There is another key-statement that is related to this
pair that tells that if unavoidable to take one of two
wrongs, then the lesser wrong has to be taken; however,
this one is for the situation of IDHTIRAR (utmost
necessity). There is high misconception about this pair of
Key-Statements as sometimes this has been taken without
caring about the fundamental concepts that both the
Primary Sources to the Islamic Commands provide and at
such times, even the term harm has been interpreted in
most ordinary ways without care to the view that harm
actually is of AKHIRAT that is mentioned here and not of
the worldly life. When the harm is of AKHIRAT, then it
must be eliminated as soon as and as much as possible but
not taking any such solution that results in hindrance to
applying of some Islamic Value again thus becoming a
harm again in respect of the betterment of AKHIRAT.
When there are both good and bad aspects to a matter,
then it must be avoided in practice as to see to the
avoidance of harm is the priority here without care about
the benefit; note that Holy Book Quran does mention that
though drinking of wine does have some worldly benefits
yet its evil effects at the AKHIRAT are much more than
those. The AAYAH reads, They ask you about
intoxicants and games of chance. Say: In both of them
there is a great sin and means of profit for men, and
their sin is greater than their profit. And they ask you as
to what they should spend. Say: What you can spare.
Thus does Allah make clear to you the communications
(AAYAH), that you may ponder (Surah BAQARAH-219);
afterwards, all intoxicants were prohibited by the
AAYAH-90 of Surah MAEDAH. It is very important at
the administrative level that no such decision must be
taken with this argument that the harm has to be
eliminated unless there is total clarity about the actual
definition for the term harm and about the Islamic
manner by which it has to be eliminated. Due to some
decisions to eliminate the so-called harm, mostly in the
name of applying IJTEHAD-ISTESLAHI, there appear
many official hindrances for the common Muslim man to
live as of now who does want to live with ease in
necessities only with total care to AKHIRAT; this
uncaring attitude of people at responsible positions might
lead to a clash in the long-run period ahead even among
Muslims causing high anxiety to all though such clash is
certainly not praiseworthy according to Islam. It is true
that the Islamic Teachings give importance to the safety
of life and its honor, mind, heritage and property; yet
the main thing it cares to save is the True Belief that
the man has according to the Islamic Teachings and that
needs good activities for its charm; where those activities
are not enhanced by the environment but are challenged
on and on by official needs of useless documentation at
GLOSSARY
Islam comprises of Commands of Allah and to know their
position is utmost necessary to put Islam into practice
well. Note that only Allah has to be obeyed actually as
word
for
HALAAL;
CONCLUSION
Please note here that Allah has the power to do his work
in different ways; He changed the environment to better
in the first JAHILIYAT (era of ignorance to the Truth)
by emphasis on ADL (that is power of the Law of the
Islamic Teachings) by His Will and He might change the
environment to better in this second JAHILIYAT by
emphasis on EHSAAN (natural inclination towards goodness
inside) by His Will; and of-course, Allah knows better.
The application of the Holy Book Quran keeping to
SUNNAH of the Prophet PBUH in practice, has proved
the only true weapon that defeated the first
JAHILLIYAT and it would certainly be the only true
weapon to do so keeping to SUNNAH of the Prophet
PBUH in practice, in this second JAHILLIYAT. Note that
the Holy Book Quran has told us that another
JAHILLIYAT (era of ignorance to the Truth) would come
besides the JAHILLIYAT that prevailed before the
Prophet PBUH presented Islam. This is deduced by the
learned ULEMA in TAFSIR (the understanding of the Holy
Book Quran) by the 33rd AAYAH of Surah-AHZAAB that
even more dangerous than before as the first one had not
much of Satanic concepts behind it yet this one has
Satanic concepts in different walks of life that it is
presenting in an organized manner practically with the
base that the Man is but an animal only and nothing else.
However, the Holy Book Quran clearly indicates to us
that if we go on presenting the true guidance i.e. the
Holy Book Quran according to the SUNNAH of the
Prophet PBUH to clarify how the Man and the Woman
must live upon Islam in all walks of life, that continuous
effort in TABLIGH (that actually in itself, is a part of
JIHAD) would end this JAHILLIYAT insha-Allah as
QITAL (that also actually is a part of JIHAD) ended
that JAHILLIYAT in the known world of yore and the
Truth would manifest for certain all over the world totally
even at these current times insha-Allah. Mostly, it has
happened that only few people stood-up for the TABLIGH
of the Truth yet Allah gave power to that effort and it
enlightened the lives of many people initially at other
places than where those few people took-up the
TABLIGH. He is HAKEEM (the Truly Wise) which means
that He is shaping all things towards the way He intends
and it takes many years sometimes for us to see how
things have turned favorably for Islam practically; it took
2500 years for DUA of IBRAHIM-AS to manifest when
Allah sent His last Messenger Muhammad PBUH at Arabia
for all times and all places for which the Holy Book Quran
narrates, And when IBRAHIM and ISMAIL raised the
foundations of the House- Our Lord! accept from us;
surely Thou art the Hearing, the Knowing- Our Lord! and
make us both submissive to Thee and (raise) from our
for which firstly, the clauses of the law of the land that
are un-Islamic would be eliminated with time; secondly,
beatings to children for the purpose of their education
and humiliation to the accused persons for their
confession of crimes, specially putting them in a shameful
condition that includes keeping them at custody for
interrogation, or even at jails for more than eight months
in total, would be eliminated; thirdly, post mortem of
human bodies for the sake of medical education or in the
name of justice would be eliminated; fourthly, much paper
work and high documentation needed for official purposes
especially in personal identification and the matters of
property, would be eliminated (and that would remain near
to none here except for a paper or two for necessary
identification without much emphasis to getting them
insha-Allah) and this implies that the indecent behavior
by the officials towards the general public to pressurize
them or to ask bribery in any way would be eliminated;
fifthly, by good substitutions like QARDH-HASANAH
that is the provision of long-term loans without interest,
the practice to take usury & interest would be eliminated;
sixthly, the extreme poverty (MEHROOMEE), where one
does not find even basic necessities to fulfill one's needs
and the needs of those who are dependant on one, while
at the other side, extreme wealth where one considers
that one is able to do whatever right or wrong one wills
by the wealth one has, would be eliminated; seventhly,
making fun of others or committing betrayal to the trust
of others especially in business transactions, would be
eliminated; as such, all evil effects of Satan to cause
injustice would be eliminated Insha-Allah. So with these