REVIVING THE ISLAMIC SPIRIT – KNOWLEDGE RETREAT
WESTIN HARBOUR FRONT HOTEL – TORONTO, CANADA

DEC 26, 2007

IMAN ZIAD SHAKIR

1ST LECTURE, 1030AM

CONTINUE WITH THE BOOK

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THESE NOTES WERE TAKEN BY ME AND ANY ERRORS IN NOTE TAKING ARE MINE AND SHOULD NOT REFLECT ON THE SCHOLARS WHOSE WISDOM AND KNOWLEDGE WE WERE BLESSED TO HAVE IMPARTED UPON US AT THIS GATHERING. PLACES WHERE I HAVE LOST TRACK OF OR COULD NOT UNDERSTAND THE FULL MEANING OF THE TEACHER I HAVE PLACED ..?

I POST THESE NOTES FROM THE KNOWLEDGE RETREAT 2007, FOR THE PURPOSE OF SPREADING AND SHARING KNOWLEDGE. IF ANYONE DERIVES BENEFIT FROM IT, ALHAMDU’ILLAH.

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SUMMARY FROM LAST NIGHT – MENTIONED ERA OF PROPHET MUHAMMAD (PEACE BE UPON HIM) – PROPHET MUHAMMAD (PEACE BE UPON HIM) WAS THE PRINCIPLE REFERENCE ON LEGAL MATTERS – ISSUE VERDICTS AND EXPOUND ON THEM – ONCE HE WAS GONE 632 AD – 10 TH YEAR AFTER HIJRAH – 50 YEARS AFTER THAT WE HAVE IDENTIFIED AS THE TIME WE ARE COVERING FIRST

WHO THEN AFTER SAW HAS THE KNOWLEDGE FOR MAKING JUDGMENTS – HADITH TYPE SCIENCE – PERSONAL IJTIHAD – NOT ALL COMPS WERE QUALIFIED TO MAKE LEGAL JUDGMENTS – THERE WERE SOME MUFTIS AMONG THEM

FROM 680 AD TO 720 AD – TABAEEN ERA – ALSO HAD COMPANIONS WITH DIFFERENT OPINIONS – AS DISPERSED IN DIFF LANDS THEIR LOCAL KNOWLEDGE BECOME REGIONALIZED – REGIONAL ORIENTATIONS DEVELOPED –

720 -780 AD – IMAM MALIK DIES AT END OF THIS PERIOD – KNOWLEDGE BEGAN TO BE CODIFIED IN THIS PERIOD

IMAM AHMED – RECORDING KNOW IN FULL SWING – EARLY HADITHS COMPILATIONS BEGIN – AND PLUS ALL KNOW BEGINS TO RECORD IN SCIENCE IN LEGAL IN TASAWUF IN ETC IN ALL AREAS – WORKS IN DIFFERENT LANGUAGES PROLIFERATION OF WRITINGS

3RD HIJRI CENTURY – MADHABS BEGIN TO TAKE FORM – CONSOLIDATION OF GENERAL DIFFERENCES BETWEEN HIJAZI SCHOLARS WHO RELIED MORE ON HADITHS BECAUSE MORE COMPANIONS NATURALLY THERE FOR REFERENCE AND THE IRAQI SCHOLARS WHO RELIED ON DERIVATION FROM LOGICAL REASONING TO ASSESS AND ARRIVE AT RULINGS HAD LESS ACCESS TO COMPANIONS ONE REASON FOR USE OF LESS ON TRANSMITTED KNOW

IRAQ BECAME THE HOTBED OF SECTARIANISM THOUGHTS VS HIJAZI WAS MUCH MORE UNITED – WARINESS OF SCHOLARS TO TRUST THE HADITHS FROM THE IRAQI REGION – MANY FALSE HADITHS EMERGED FROM THIS AREA – SCRUTINY FROM SCHOLARS OF THIS AREA INCREASED HAD TO BE MORE VIGILANT

IBN MASOOD RELUCTANT TO MAKE INDEPENDENT RULINGS FROM IJTIHAD – TOOK ONE MONTH TO MAKE A RULING ON DIVORCED WOMAN…?

RECORDING OF KNOW LED TO SPECIALIZATION OF KNOW – RECORDING DIVERGED INTO DEVELOPMENT OF METHODOLOGY – SCIENCE BECAME MORE SCRUTINIZED – SHAHI HADITH VS DAIIF HADITHS CLASS EMERGED – OPERATIONAL TERMS STARTED – ALSO THE CHARACTER OF THE HADITH TRANSMITTERS WERE JUDGED THEIR PROBITY WAS DEV – CONTRADICTORY NARRATIONS WERE BROUGHT TO LIGHT AND THOSE THAT WERE JUDGED TO BE FALSE IDENTIFIED

HOW TO DERIVE RULINGS FROM THIS BODY – SPECIALIZATION CONSOLIDATED THESE DIFFERENCES – WHO IS THE LAW GIVER WHO IS THE HAKIM WHAT IS THE NATURE OF THE RULED HALAL HARAM MAKRU CLASSIFICATIONS – THESE ALL DEVELOPED DURING THIS TIME

OPPOSING IMPLICATIONS WERE DEDUCED – LOGICAL REASONING WIDELY USED – ACTIONS JUDGED BY INTENTIONS – CLEARLY IMPLIED BUT NOT STATED ANYWHERE – FUKAHA BEGIN TO EXAMINE AND DEDUCE THESE POSITIONS WIDELY OPENLY –

DIVINE LAWS GIVEN FOR 5 THINGS – TO PROTECT DEEN LIFE INTELLECT PROGENY

PSYCHOLOGISTS WORK MAINLY IN ADVERTISING – HOW TO HOOK CHILDREN FROM AGE 6 ON ONE BRAND FOR LIFE – FROM AN EARLY AGE – THIS IS THE AGENDA OF THE ELITE THE PEOPLE IN POWER –

ANOTHER EXAMPLE EPA BARRED CALIFORNIA FROM IMPOSING HIGHER GAS MPG STANDARDS – SO WHO IS IN CHARGE AND FOR WHAT PURPOSE ARE THEY RULING AND WHO IS RUNNING AND INFLUENCING GOVERNMENT FOR WHOSE INTERESTS

TAR SANDS – EXTREMELY DESTRUCTIVE AND WATER INTENSIVE TO EXTRACT IT FROM GROUND – HOT WATER STEAM TO LIQUEFY AND EXTRACT GAS AND OIL – PRODUCES GREAT ENVIRONMENTAL WASTE – NO ENVIRONMENTAL OVERSIGHT – NO VOICE TO SPEAK UP AGAINST

CHILDREN IMPLICATIONS – MAYBE IN THEIR FUTURE NO MORE FORESTS JUST ROADS AND HIGHWAYS TO INHERIT

IMPLICATIONS FOR 7 GENERATIONS – IROQUOIS BAND HAS A POLICY TO LOOK AT BEFORE IMPLEMENTING ANY POLICIES – THIS AN ISLAMIC STANDARD – WHY ARE THEY USING AND WE ARE NOT? WHERE IS OUR FORE THOUGHT FOR THE NEXT GENERATION

STUDY OF LEGAL MATTERS AND PRINCIPLES FOUNDED –

1 PURPOSES OF –

2 CERTAINTY CANNOT REMOVED BY DOUBT – THIS IS WHERE NOT GUILTY UNTIL FOUND GUILTY IS DERIVED FROM –

3 HARM MUST BE REMOVED –

4 HARDSHIP MUST BE ALLEVIATED – 5 HARMFUL THING SHOULD BE REPLACED WITH SOMETHING EASY

5 CUSTOM HAS LEGAL WEIGHT AND CONSIDERATION WHICH AS LONG AS DOES NOT CONTRADICT OR NEGATE LEGAL RULINGS OR PRINCIPLES IE WEDDING CUSTOMS AND RITUALS –

FORMALLY REGIONALIZED DIFFERENCES – IRAQI VS HIJAZI – WERE NOW ELIMINATED – APPROACHES BEGAN TO CO-EXIST – BUT ALSO INCREASED THE TENSIONS BET THE TWO – COMPS OF MADHABS MALIKIS ACCEPTED SOME NARRATIONS AND REJECTED OTHERS –

AS MOVE INTO 3RD HIJRI CENTURY – MADHABS BEGAN TO BECOME CONSOLIDATED SAYS DEHLAWI IN BOOK – FATAWA ARE TAKING PRINCIPLES OF JUST ONE TEACHER WAS NOT PRINCIPLE OF 1ST AND 2ND HIJRI CENTURY

ONE REASON IS THAT REGIONAL DIFFERENCES WERE NOW KNOWN TO OTHERS SO ONE REASON WHY THEY BECOME MORE PRACTICED

SOCIAL ISSUES – PROPHET MUHAMMAD (PEACE BE UPON HIM) HADITHS WERE STILL USED

KNOW WAS NOW MORE COMPLEX AND SPECIALIZED – MULTIPLE CONCERNS AND A GREATER REGIMENT FOR SCRUTINY – VERY COMPLICATED ENDEAVOUR – SAME THING HAPPENING IN LEGAL JUDGMENTS AND JURISPRUDENCE – THEREFORE SCHOLARS BEGAN TO RELY MUCH MORE ON PREVIOUS WORKS – TOO MUCH WORK TO START THAT EFFORT FROM SCRATCH TOO MUCH EFFORT INVOLVED – RELIED MORE PREDECESSORS –

DIVISION OF LABOR EXAMPLE – EACH ONE MAKES ONE PART ETC TO MAKE FINAL PRODUCT – THE WAY A CAR IS PUT TOGETHER OUTSOURCED AND THEN FINAL INTEGRATION – USE A MANUAL TO PUT TOGETHER THAT CAR AND THEN PRODUCE MORE – YOU ARE NOT GOING TO MALAYSIA TO MAKE RUBBER TO MAKE TIRES AND THEN COME BACK TO MAKE THE PLASTIC ETC.

MANUALS – TECHNICAL WRITING!

BOBBY FISHER OR ERICKSON THE CHESS MASTER..?

SO PEOPLE THAT USED SHAFII MANUAL MADE SHAFII CARS – ETC – INFLUENCED THE TRANSMISSION OF KNOW AND HOW THEY MADE THEIR RULINGS – INFLUENCED THEIR JUDGMENTS

1ST GROUP OF SCHOLARS ..?

SCHOLARS 2ND GROUP CONCENTRATED ON NOVEL ISSUES – KNOWN AS MUFTIS – ANSWERED QUESTIONS COMPLICATED – LIKE STOCKS AND BONDS HALAL – REQUIRES LOTS OF RESEARCH AND BACKGROUND – HAVE TO UNDERSTAND MANY DIFF PRINCIPLES AND POINTS – NEW ISSUES ARE NOT NEW ISSUES – THIS HAS BEEN GOING BACK FOR A LONG TIME

PERSIA INDIA ROMAN TERRITORIES BYZANTINE AREAS EGYPT – IN ALL THESE MUFTIS HAD RULINGS – REQUIRED DEEP THOUGHT – THEY ADHERED TO METHODOLOGY AND PRINCIPLES OF PREVIOUS SCHOLARS AND THEREFORE RELIANCE AND ADHERENCE TO ONE SCHOOL OF THOUGHT OR MADHAB

3RD SCHOLARS – RELIED ON PREVIOUS SCHOOLS, DEALT WITH NEW ISSUES, – TAKE RULING FROM ANOTHER PERSON WITHOUT KNOWING THEIR SCHOOL? IS TAQLIL – TO FOLLOW MULTIPLE SCHOOLS IN SUNNI REALM ONE OF 4 USED

HANAFI SCHOOL

WHY IJTIHAD EASIER FOR EARLIER GENERATIONS – THEY WERE INTUITIVE IN THEIR KNOW BECAUSE OF PROXIMITY TO SAW AND TO ARABIC LANG – AS THAT WEAKENED IT REQUIRED GREATER DEGREE OF STUDY ESP OF ARABIC – THEREFORE SMALL NUMBER OF THESE MUJTAHIDS –

STUDENTS DEPENDANT ON THEIR TEACHERS – DEPENDENCE ON QUALIFIED TEACHERS EVEN FOR THESE MUJTAHIDS – AS MOVED FURTHER AWAY FROM SAW – INDEPENDENT JURIDICAL REASONING IS THEREFORE IMPOSSIBLE – TOO MUCH TO MASTER IN THEIR LIFETIME – GAVE EXAMPLES OF MOTOWN RECORDS AND THEIR ARTISTS AND LYRICS BY IMAM ZIAD! SWEET

CONDITIONS FOR MAKING LEGAL IMPLICATIONS USED BY THE MUJTAHIDS – 1 KNOW OF QURAN – 2 KNOW OF SUNNAH – 3 KNOW OF ARABIC LANG – 4 SAYINGS OF THE COMPS – 5 USOOL OF FIQH = FRAMEWORK AND BASIC CONDITIONS

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