Who do we take our knowledge of Islam from, especially when it comes to legal matters? Does one rely on charismatic speakers? Why does one need to follow qualified scholarship? Cannot one just think for themselves and follow the Qur’an and Sunnah? Why there are differences of opinion and who should we follow? Is there only one scholar who is right and should all others be labeled to be misguided? If all were truly following the Qur’an and Sunnah why do differences exist?
This course addresses these and many such questions that continue to confuse Muslims today. The blessed Prophet sws has said in a hadith that the Ulema (religious scholars) are heirs of the prophets. They are the inheritors of the Prophetic legacy of knowledge.This course pays special attention to how 1400 years of the Islamic Scholarly Tradition and classical Islamic scholars would address these concerns. It highlights the pluralism, diversity, multiplicity and unwavering commitment to Knowledge (as opposed to ideology) as hallmarks of this tradition.
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Course Outline:
Topics Session One: Understanding Differences of Opinion in Islamic Scholarship
Introduction and Definitions: Shariah, Fiqh, Usul al-Fiqh, Ijtihad
How do differences of opinion arise in Islamic Scholarship [The need for Fiqh]
Before Differences in Fiqh, there are differences in Qur’an and Hadith: Ayat of Hirabah [5:33–34] & Praying Asr at Banu Qurayza
Differences as a result of Differences in Usul (legal methodologies)
Session Two: Understanding Differences of Opinion
Looking at History: Did the Sahaba have differences of opinion? (Mutual Consultation with Fuqaha Sahaba in Medinah)
Introducing the Fours Madhhabs (schools of Legal Methodologies)
All four have their basis in the Qur’an and Sunnah – Example of the Prayer of Someone Who Can Neither Make Wudu Nor Tayammum
Examples of Differences in Fiqh:
The issue of recitation of surah fatiha behind imam
The issue of Raf’ al-yadayn
Differences between the Salah of Men and Women
Session Three: Pluralism and Making sense of Multiplicity
Can there be more than one correct legal opinion?
Differences on earth/in shariah, and according to Allah Ta’ala
View of the early ulema on differences of opinion
If all four Madhhabs are correct, why follow one?
Can one Mix and Match?
Session Four: Following Qualified Scholarship – “al-ulemau warathatul anbiya”
Defining Taqlid
Why should one follow qualified scholarship?
The Qur’an [9:122] and Sunnah on Following Qualified Scholarship
The Sahaba and Tabieen following the Fuqaha (learned) from amongst themselves
The knowledge based approach versus the Ideology based approach
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