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AL'i'tibba'a and the Principles of Fiqh of the Righteous Predecessors Al 'I'tibaa'a Al 'I'tibaa'a AL 'I'TIBAA'A AND THE PRINCIPLES OF FIQH OF THE RIGHTEOUS PREDECESSORS SHEIKH WASIULLAH MUHAMMAD ABBAAS PROFESSOR OF HADEETH AND TEACHER IN THE MASJID AL HARAAM IN MAKKAH SAUDIA ARABIA TRANSLATED BY ABU ABDUR RAHMAN FARUQ POST DAR UL ITIBAA'A PUBLISHING 2013/1434 2 Al 'I'tibaa'a COPYRIGHT 2013 BY DAR UL ITIBAA'A PUBLICATIONS. ALL RIGHTS RESERVED. FIRST EDITION 2013/1434 IF ANY PART OF THIS PUBLICATION WOULD LIKE TO BE REPRODUCED OR DISTRIBUTED IN ANY FORM OR BY ANY MEANS PLEASE CONTACT DAR UL ITIBAA'A IN MAKKAH, SAUDIA ARABIA AT [email protected]. *DAR UL ITIBAA'A WOULD LIKE TO REMIND THEIR READERS THAT WE APPRECIATE THEIR SENDING ANY COMMENTS, SUGGESTIONS OR CORRECTIONS TO US SO THAT FUTURE EDITIONS CAN BE EDITED BEFORE REPRINTING. RESPONSES FROM OUR READERS ASSIST DAR UL ITIBAA'A IN CONTINUOUSLY STRIVING FOR EXCELLENCE AND PERFECTION IN PRODUCING AUTHENTIC TRANSLATIONS OF THE WORKS OF THE SCHOLARS OF AHL SUNNAH WA JAMAA'AH. PLEASE BE INFORMED THAT PROFITS ACQUIRED FROM THIS PUBLICATION WILL BE REINVESTED TO BE USED FOR EDITING AND INCREASING THE QUALITY OF OUR PUBLICATIONS WHEN REPRINTING. THIS BOOK WAS PRINTED FOR DAR UL ITIBAA PUBLICATIONS BY DAR US SALAM, 486 ATLANTIC AVENUE, BROOKLYN, NY 11217 TELEPHONE: (718) 625-5925 FAX (718) 625-1511 EMAIL: [email protected] VISIT US ONLINE AT WWW.DARUSSALAMNY.NET 3 Al 'I'tibaa'a Table of Contents Translators Note ................................................................................................................. 8 About the Author ................................................................................................................ 9 Introduction ...................................................................................................................... 26 Chapter One: Definition of al It’ibaa’a ........................................................................ 41 Part One: Creation of Mankind and the Reason for their Creation……………………………………………………………..………………………………………………………..43 Part Two: The Sending of the Messengers………………………………………………………………………………………………………………….44 Part Three: What is obligatory upon the nations with regards to the Messengers……………………………………………………………………………….…………………………………51 Part Four: The time period between the Prophet Muhammad and the Prophet who preceded him………………………………………………………………………………………………………..…....55 Part Five : The condition of the world when the Prophet Muhammad was sent to mankind……………………………………………………………………………………………………………………….57 Part Six: How The Companions learned and acquired the religion from the Prophet Muhammad……………………………………………………………………………………………………….…...…..72 Part Seven: Allah and His Messenger ordered with the imitation and following of the Prophet…………………………………………………………………………………………………………..……...……76 Part Eight: Methodology of the Companions when differing, after the time of the Prophet ………………………………………………………………………………………………………..……………..98 Part Nine: The changing of affairs after the best of generations…………………………...…..114 Chapter Two: Learning the Religion and the ‘fiqh’ of the Salaf…………..……….……….137 Part One: Obligation of learning the religion……………………………………………………………..138 Part Two: ‘ Fiqh’ in the religion………..………………………………………………..……………………….148 Part Three: Subsidiary Divisions of ‘fiqh’……...............………………………………………………..152 Part Four: Fundamentals and principles of ‘fiqh’ of the Companions……….………..…..….159 Part Five: The Fundamentals which the scholars of ‘fiqh’ used to base their rulings upon…………………………………………………………………………………………………….…………….....….165 4 Al 'I'tibaa'a Part Six: Seeking and giving religious verdicts and opinions………………..…….………….….193 Part Seven: That which is obligatory upon the one seeking a religious verdict…..….….196 Part Eight: Mufti’s obligation to give verdicts with the strongest and most preponderant view……………………………………………………………………………………………………………..….……….207 Part Nine : The Mufti’s knowledge of the different opinions……………………………………..212 Part Ten : The actions of the Mufti regarding the affairs which the religious opinions differ…………………………………………………………………………………………………..…..………………..215 Part Eleven : The Manners of the Mufti………………………….…………………………………..……..221 Closing Statements …………………………………………..……………………………………………………….222 Bibliography ………………………………………………………………………………………………………..…...223 Glossary of Terms ……………………………………………………………………………………………………..229 5 Al 'I'tibaa'a 6 Al 'I'tibaa'a A note from the author of the bookbook----SheikhSheikh Wasiullah Abbaas, may Allah preserve him: In the name of Allah the Most Merciful the Bestower of Mercy All praises are due to Allah the Lord of all creation and may the Prophet Muhammad ,his family, and all of the righteous and noble companions be mentioned amongst the heavens. As to what proceeds: Indeed the American brother Faruq Post mentioned to me that he translated the book ‘Al’Iti’baa’a and the Principles of Fiqh of the Righteous Predecessors’ into the English Language. I have known the brother Faruq for many years. I have known him to have sound aqeedah and upright conduct. He has graduated from the College of Da’wah, department of (Quran and Sunnah) and he is currently studying his Masters Degree in the department of the Sunnah (Hadeeth) in the University of Umm al- Qura. By the grace of Allah he is well- acquainted with understanding of the Arabic Language as well as understanding his native language which is English, according to what the American brothers have mentioned to me. Verily, I have given him permission to translate this book while expressing my thanks and gratitude to him and making supplication for him to be successful and be guided. Written by: Wasiullah ibn Muhammad Abbaas 1432/2/12 (January 6, 2012) Teacher in the Masjid al Haraam and Ustaadth in the University of Umm al Qura 7 Al 'I'tibaa'a Translators Note All praises are due to Allah and may the Prophet Muhammad’s name be mentioned within the heavens and may peace and blessings be sent upon him, his companions, his wives and all those who follow them in righteousness until the Day of Resurrection. Al It’ibaa’a and‘ (اع و أول اف) This book is an English translation of the book the Principles of ‘Fiqh’ of the Righteous Predecessors’ by the great noble scholar, muhaddith, faqeeh, professor sheikh Wasiullah ibn Muhammad Abaas, may Allah preserve him and raise his status in this world and the next. I depended upon the first (2010/1431h) ‘Dar ul Isqaamah’ prinng of this book while translang. I thank Allah, then sheikh Wasiullah for granting me the opportunity to translate this great treatise into the English Language and we ask Allah to make it beneficial for all who read it and act upon it. While translating this work I referred back to the sheikh numerous times in which the sheikh clarified some important points and made some slight additions and comments which are not found in the first edition of the Arabic version, but which I included in the English translation. Sheikh Wasiullah did the referencing for the majority of the prophetic narrations and narrations of the companions and also mentioned the authenticity of these narrations. Some of these refrences were moved to the footnotes for easier reading. I also consulted the Sheikh and requested to do biographies for some of the narrators, scholars and authors which were mentioned in the treatise, which the sheikh pleasantly obliged, may Allah reward him greatly. I also commented on some of the resources used in this treatise. Any comments added by the translator are indicated by (TN) within the footnotes. I also included a glossary of some of the terminology used in the treatise which can be found at the end of this work. In addition I also added on a brief biography of the sheikh which will enlighten readers as to who the sheikh is and what are some of his works. I ask Allah to accept this translation from me and place it on my scale of good deeds on the day when no wealth, children, friends nor spouse can aid me. Whatever the translation contains of truth is from Allah and whatever it contains of mistakes in the translation than verily it is from myself and the shaytaan and verily Allah, His Messenger, Islam and Sheikh Wasiullah are free from them and I seek Allah’s forgiveness. One in dire need of Allah’s guidance and forgiveness: Abu AbdurRahman Faruq Post 8 Al 'I'tibaa'a About the Author Name: He is Shaykh al-Allaamah Wasiullah ibn Muhammad Abbaas ibn Ahmad Abbaas Date/Place of Birth : Shaykh Wasiullah was born in this town of “Bherabhoj” on the first day of Jumaadaa al-Oolaa, 1367H (1948ce). His father’s name was Muhammad Abbaas Khaan, his grandfather’s name was Ahmad Khaan, and great grandfather’s name was Khush-Haal Khaan. Family: The grandfather of Shaykh Wasiullah, Ahmad Khaan, was the chief of his town, “Bherabhoj”, for a period of forty years. The internal affairs of this town were under his control. In other words, he was the interior minister of this town. Baytul-Maal was established, with which those in need were helped. In accordance to necessity, some people would be given cloth, some would be given food, and some would be given money. It was forbidden for any person to be out on the streets after midnight without due cause. The residents of this town would resolve their internal disputes amongst themselves rather than going to the central courts. If a dispute occurred, the elders would visit the town chief. The chief would hear from both sides and end the dispute between them. Shaykh Wasiullah’s ancestors are from a town close to the municipality of “Basti”, which falls under the district of “Basti” in
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