(Shaikh as-Sayyid Sabiq al-Azhari (r))
Fiqh us-Sunnah is of those texts which like the Riyadh us Saliheen of Imam Nawawi (r) has gained in popularity and notoreity and universality. It is unfortunate that in the English language we possess no sound translation of Fiqh us Sunnah. There is an Indian print English version which deserves mention due to it being a complete translation of the original Arabic version of Fiqh us-Sunnah and this is a plus in that it includes the books of marriage and business transactions.
After teaching the text for a year now it seemed necessary to mention some things in favor of Fiqh us-Sunnah and in the hope that Allah (swt) will reward as Sayyid Sabiq (r) for his unique endeavor. What Shaikh Sabiq (r) aimed at was to make popular a fiqh taught with evidences that was simple in language and encompassed multiple opinions. What slipped my reading of Fiqh us Sunnah most possibly due to the stage of my understanding was a subtle matter.
Shaikh Sabiq (r) not only presented fiqh in a simple language and with evidences but also undertook the task of pointing out for the reader those junctures in fiqh upon which there is a consensus and upon which there is an agreement by a body of scholars. Further, Shaikh Sabiq (r) was well aware of the importance of Uloom al-Hadith (Sciences of Hadith) , Tarikh at Tashriyyah (History of Islamic legislation) and Maqasid ash-Shar’iah (the Objectives of the Shar’iah). When reading Fiqh us Sunnah in light of these sciences one finds a text that serves as a strong intoduction to fiqh in the tradition of the scholars of Hadith such as Imam Malik and Imam Ahmad. The English translation that is popular in the West does a great injustice to the text in that at times the translators confuse a matter of consensus with a matter of agreement. In other words, the spirit of the text is lost. On other occassions, complete lines are missing.
Initially, upon being asked to teach the text I had access the Shaikh al-Albani’s (r) work Tamim al-Minnah (the completion of the favor). The Book is a research work on Fiqh us Sunnah except that it is a limited research in that it does not go beyond the book of Salah essentially. So there was a limit on the research presented by Shaikh al-Albani (r) given its lack of inclusiveness whereby he stopped his research with the Book of Salah. What one becomes aware of with research and familiarity of fiqh works is that Shaikh Sabiq (r) draws from (but not exclusively) four works:
1.) Durr al Bahiyyah of Imam Shaukani and Imam Siddiq Hasan al-Qanauji (r)
2.) Bidayatul Mujthaid by Imam Ibn Rushd al Hafeedh (r)
3.) al-Mughni by Imam Ibn Quddamaal Maqdisi (r)
4.) Ijma of Imam Ibn Mundhir (r)
As a result the student becomes familiar with these external works. After, teaching Fiqh us Sunnah I have grown in respect for the effort of Shaikh Sabiq (r) especially as a resource to read as an introduction to madhab based fiqh. Put differently it is my “belief” that Fiqh us Sunnah should be read before studying madhab based fiqh. The reason why is because it is more detailed than Bulugh al Maram from a fiqh perspective has evidence like books of legislation hadith (ahadith al ahkam)and is simple and serves as an introduction to a series of fiqh topics which are encountered in standard fiqh texts.
If read with a book such as Hujjatullah al Baligha by the Muhaddith Shah Wali Ullah (r) it is my convinction that one will come to understand the spirit of Shaikh Sabiq’s treatment of fiqh. And this is the case due to the fact that Shaikh Sabiq (r) commented lightly on Hujjatullah producing a critical edition of the text.
Abul-Hussein
Allahu Al’am Wa Ana Lestu Bi Alim
Abul Hussein
As-Salamu alaikum wa rahamtullah,
With all due respect shaikh Yusuf. I see things exactly the opposite as far as a curriculum of study is concerned. I do agree that Sh. Sayyid Sabiq was a great researcher and that his text would be useful for accomplished students of knowledge. The tradition of Ahle Sunnah wal-Jama'ah is to study a madhab thoroughly first preferably with its own scholars. If you can find detailed explanation of a madhhab then that would suffice to come to understand Fiqh but never to teach it as you need a shaikh to bring you to this level. Since we both started studying this book back in 2002 together based upon Sh. Ahmad's interpretation of the Arabic which was much better than the translations I can tell you how confused it made me. Being bombarded with all these opinions on one or two texts and a very unclear form and method of preference for one opinion over the other one gets in what opinion to take. In many cases we find (possibly unintentionally) his shafi'ee influence in the process of tarjeeh. The truth is in most cases if you go to the established and authenticated books of the madhahib you will find much better explanations and proofs to support their posotion something missing. The comparative approach is a last step for a student of knowledge who has a strong base in a madhab in Fiqh, Usool, and Qawa'id as well as a thorough understanding of Hadith sciences and the Arabic language. I also disagree with the contention that Sh. Sayid was influenced by Al-Mugni because it is very rare to see a hanbali opinion and it wasn't until recently that a brother did a commentary on fiqh as-Sunnah according to the Hanbali madhhab. He mentions in his intro that either sh. Sayid doesn't mention the Hanbali opinion or he misrepresents it.
The truth is that the comparative approach to Fiqh always comes up short in representing the madhabs thoroughly as I have found with the most detailed attempts such as the Fiqh encyclopedia from Kuwait and Wahba Zuhaily's Al-Fiqh Al-Islaamy. No one of them will suffice you. The best thing to do would be to get all of the major authenticated expanatory books of each madhab and research them.
Much love in differing with you akhi
AS
Abu Majeed, how are you and the family, hope well. There are a number of points to be mentioned here but I will limit myself to a few points.
Firstly, we agree as a starting point that the way to scholarship is to study a madhab but likewise Ahl Sunnah Wa'l Jam'ah has dealt with comparative fiqh for sometime now and this is part of our tradition and part of scholarship.
Secondly, I would say that part of the issue with studying Fiqh us Sunnah with Shaikh Ahmad (h) with all due respect is that you did not key in on the distinction he made between majority-minority opinions. What Shaikh Ahmad (h) explained to me was that Shaikh Sayyid Sabiq (r) leans to the majority position more often than not.
Thirdly, the approach of most contemporary scholars is to present fiqh with its broadness rather than limit the follower to just one opinion and this is to facilitate ease.
Fourthly, as a point of interest these books are starting points while studying with Ulema.
Fifthly, as a matter of information one of the best books for hadith and comparative fiqh with the soundest opinions is Aujaz al Masalik by Shaikhul Hadith Maulana Zakariyyah (r) he conveys the opinion of fatwa for all for each madhab.
Sixthly, I never said Shaikh Sabiq (r) was influenced by al-Mughni what was said was that he referred to al-Mughni this is a fact. Also, Mughni as you know does not represent the madhab of Imam Ahmad for that we go to Imam Buhuti's works.
Seventhly, studying a madhab is no easy task and it is not the most preferred starting point for people who are not serious about studying fiqh. Also we do not want to reinforce bigotry for one school over another.
Eightly, what was written was my observation and possibly it may not hold weight you may be right but it is my contention that Fiqh us Sunnah is beneficial more than it is harmful but it is no substitute for the various approaches to fiqh study but represents one approach among others.
Ninthly, when are you going to teach Hanbali fiqh on Suhaibwebb.com?
Lastly, how do you deal with the fact that Imam Ahmad did not desire to leave a school of fiqh behind but desired that people rely directly on the Book and Sunnah?
Peace
Salaam:
Thanks you for the piece. It's very insightful and thought provoking. I begin my approach to fiqh by following a madhhab. Could you please define what you mean by majority and minority positions in particular junctures of fiqh. I think this could help me understand the perspective of many the pears that I work with who say they take from all four schools.
Jizak Allah Khair