Brave-Tan Articles

“Indeed, Allah orders justice and good conduct and giving to relatives, and forbids immorality and bad conduct and oppression. He admonishes you that perhaps you will be reminded.” (Qur'an16:90)#Al-ameen#DD2023
  “We have sent to you the Book containing the truth, so that you will judge among the people as God has shown you, and do not be an advocate for the deceivers…And he  who commits a mistake or iniquity...
Ibn Hazm said: “We encourage standing for the bier if a person sees it even if it is the funeral of an unbeliever, until it passes by him or is placed upon the ground, and if he does not stand,...
“And we have certainly honoured the children of Adam and carried them on the land and sea and provided for them of the good things and preferred them over much of what we have created, with [definite] preference.”(Qur'an17:70)#Al-ameen#DD2023
The Shari’ah of Islam has retained many of the previous laws, while it has in the meantime abrogated or suspended others. For example, the law of retaliation (qisas) and some of the had penalties which were prescribed in the Torah…
Shar’u man Qablana refers to the laws of the people of earlier revelation – Ahl al-Kitab. According to Kamali: In a reference to the Torah, the Qur’an confirms its authority as a source of inspiration and guidance: “We revealed the…
Examples of Maliki positions that are based on the Amal Ahl al-Madinah include some of the weights and measures (sa’ and mudd) used in Madinah for the collection of zakat; the wording of the adhan and iqamah for congregational prayers;…
While Medinan praxis (‘Amal) did contribute most significantly towards “maximizing certainty” in the assessment of authority and implications of legal proofs (adillah), there is no indication however, that Malik (or the Malikis) believed it to be conclusively authoritative, infallible, or…
While Medinan praxis (‘Amal) did contribute most significantly towards “maximizing certainty” in the assessment of authority and implications of legal proofs (adillah), there is no indication however, that Malik (or the Malikis) believed it to be conclusively authoritative, infallible, or…
Ibn Taimiyyah noted in his treatise on the Amal of Ahl al-Madinah that, “During the time of the three excellent generations, there was no evident innovation in Madinah at all and no innovation issued from it at all regarding the…
The authority for Amal of Ahl al-Madinah mainly derives from the following evidence: Qadi ‘Iyad mentions in his Masalik: “It is related that ‘Umar ibn al-Khattab, may Allah be pleased with him, once said on the mimbar, ‘By Allah, I…
According to Muhammad Hashim Kamali, “Imam Malik has gone as far as to equate the amal ahl al-Madinah, that is the customary practice of the people of Madinah, with ijma’. This type of ‘amal (lit.’ practice’) constitutes a source of…
It constituted the living embodiment of the well-established Sunnah, and its authority rested on the fact that the greater body of jurists of Medina recognized its validity. Imam Malik therefore considered the standard practice of the people of Madinah to…
‘Amal Ahl al-Madinah refers to the tradition and praxis (‘amal) or consensus (ijma’) of the People of Madinah at the time of Imam Malik bin Anas (d.179 AH) and before. These practices are those that were common and known among…
Imam Malik, Imam Ahmad bin Hanbal, most followers of the Shafi’i School and those of the Zahiri consider istishab to be a valid independent source of Shari’ah, Abu Hanifah and the majority of his followers did not consider it an…
These proofs and explanations have been the sources of some legal maxims such as: “The premise in all things is that of permissibility” (al-asl fi al-ashyah al-ibahah); “Certainty is not overruled by doubt” (al-yaqin la yazulu bi al-shakk); “The norm…
Example of principles based on istishab include the presumption of an action being permissible until proven prohibited; of innocence until proven guilty; of freedom from responsibility until proven otherwise; of duty until proven fulfilled; of purity until proven impure Jasser…
“And they say, ‘None will enter Paradise except one who is a Jew or a Christian.’ That is (merely) their wishful thinking. Say, ‘Produce your proof, if you should be truthful.’” (Qur’an 2:111)
Istishab is also proven by the fact that the Prophet (صلى الله عليه وسلم) asked those who were in doubt of the number of raka’at they had done in salat to assume the minimum number which they were certain about,…
An example of istishab which is also regarded as proof for its validity comes from the Prophet’s teaching of what to do when a person with ablution is in doubt of having spoilt his ablution by passing wind. The Prophet…