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Madh-hab is derived from the verb Dhahaba which means to go. Madhab literally means a way of going or simply a path. The position of an outstanding scholar on a particular point was also referred to as his Madhhab (the path of his ideas or his opinion). Eventually, it was used to refer to the sum total of a scholar’s opinions, whether legal or philosophical. Later it was used to denote, not only the scholar’s opinion but also that of his
students and followers.
Basic laws of Islaam, a convert Muslim is gradually presented with a body of laws based on one of the four canonical schools. At the same time, he may be informed that there are three other canonical schools and that all four schools are divinely ordained and infallible. At first, this presents no problem for the convert Muslim since he merely follows the laws presented by his particular teacher, who of course follows one particular Madhhab.
When, however, the new Muslim convert establishes contact with other Muslims from various parts of the Islamic world, he invariably becomes aware of certain differences in some of the Islamic laws as taught by one of the Madhabs. His teacher, a Muslim born into the faith, will no doubt assure him that all four Madh-habs are correct in themselves and that so long as he follows one of them he is on the right path.
However, some of the differences from one school to another are perplexing for the new Muslim convert. For example, common sense tells him that one cannot be in a state of Wudoo2 while being out of it at the same time. But according to one Madh-hab, certain acts break Wudoo, while according to another Madh-hab those same acts do not.
How can a given act be both allowable (Halaal) and forbidden (Haraam) at the same time. This contradiction has also become apparent to thinking Muslims, young and old, who are concerned about the prevailing stagnation and decline in the Muslim world and who are advocating the revival of Islam in its original purity and
Faced with several unresolved contradictions, some Muslims have chosen to reject the Madh-habs and their rulings, claiming that they will be guided only by the Qur’an and the Sunnah4. Others take the position that despite these contradictions the Madh-habs are Usually translated as ablution it refers to a ritual state of purity stipulated as a precondition for certain acts of worship.
The way of life of the Prophet (saw.). His sayings, actions and silent approvals were of legislative value. As a body they represent the second most important source of Islamic law. Divinely ordained and therefore one needs only to choose one of them and follow it without question.
Both of these outcomes are undesirable. The latter perpetuates that sectarianism which split the ranks of Muslims in the past and which continues to do so today. The former position of rejecting the Madh-habs in their entirety, and consequently the Fiqh of earlier generations, leads inevitably to extremism and deviation when those who rely exclusively on the Qur’an and the Sunnah attempt to apply Sharee’ah law to new situations which were not specifically ruled on in either the Qur’an or the Sunnah. Clearly, both of these outcomes are serious threats to the solidarity and purity of Islam. As the prophet (saw.) stated, “The best generation is my generation and then those who follow them”.
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Muslim Law CSS and PMS books
If we accept the divinely inspired wisdom of the Prophet (sw.), it follows that the farther we go from the prophet (saw.) generation, the less likely we are to be able it interpret correctly and apply the real intentions implied in the Qur’an and the Sunnah.
An equally obvious deduction is the fact that the rulings of older scholars of note are more likely to represent the true intentions deducible from the Qur’an and the Sunnah. These older rulings – the basis of therefore important links and guidelines which cannot wisely be ignored in our study and continued application of Allaah’s laws.
It stands to reason that our knowledge and correct application of these laws depend upon a sound knowledge of the evolution of Fiqh over the ages. Similarly, a study of this development automatically
embraces a study of the evolution of the Madh-habs and their important contributions to Fiqh, as well as the reasons for apparent contradictions in some of their rulings.
Armed with this background knowledge, the thinking Muslim, be he new convert of born into the faith, will be in a position to understand the source of those perplexing contradictions Narrated by ‘Imraan ibn Husain and collected by al-Bukhaaree (Muhammed Muhsin Khan, Sahih Al-Bukhari, (Arabic-English), (Madeenah: Islamic University, 2nd ed., 1976), vol.5,p.2, no.3. And to place them in their new proper perspective.
Hopefully, he will then join the ranks of those who would work actively for the re-establishment of unity (Tawheed), not only as of the mainspring of our belief in Allah but also in relation to the Madh-habs and to the practical application of the laws which underlie and shape the way of life known as Islam.
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The basic material for this book was taken from my notes and research papers for a graduate course on the history of Islamic legislation (Taareekh at-Taashree‘) taught by Dr. ‘Assaal at the University of Riyadh. The material was translated into English, further developed and utilized as teaching material for a grade twelve Islamic Education class which I taught at Manarat ar-Riyadh private school in 1880-81. This teaching text was published in the spring of 1982 by As-Suq Bookstore, Brooklyn, New York, under the title, Lessons in Fiqh. The present work is a revised and expanded edition of Lessons in Fiqh.
I would like to thank sister Jameelah Jones for patiently typing and proofreading the manuscript, and my father, Bradley Earle Philips, for his suggestions and careful editing of the text. It is hoped that this book on the history of Fiqh will help the reader to place the Madh-habs in proper perspective and to appreciate the pressing need for their reunification.
In closing, I pray that Allaah, the Supreme, accepts this minor effort toward the clarification of His chosen religion, Islaam, as it is His acceptance alone which ultimately counts.