THE FIQH DEPARTMENT

In the Name of Allah, The Most Beneficent, The Most Merciful.
Although every Fiqh opinion is based on evidence, often times, the scholars differ in their views. This room for differences is a mercy from Allah, and as long as there is evidence to support an opinion, then we must respect scholars' views, even if we may not always agree.
The Prophet (SAW) said:
"Whoever performs Ijtihad and errs will receive one reward. Whoever performs Ijtihad and arrives at the correct answer gets double the reward"
(Bukhari) 
Fiqh Al-Waqi` - Understanding the Reality in Light of Jurisprudence PDF Print E-mail
Fiqh: Islamic Jurisprudence - Usool Al-Fiqh: Principles of Jurisprudence
Written by Muhammad Nasirud-Deen Al-Albani   

"During that turmoil there were some people who brought up the issue which is called fiqh al-waaqi‘. I do not disagree in principle with this concept for which they came up with this name of fiqh al-waaqi‘, because many of the scholars stated clearly that those who lead the ummah and give answers to solve its problems should have knowledge and understanding of circumstances and realities. Hence one of their famous sayings is: The ruling on a thing is a projection of one’s understanding of it, and that cannot be achieved except by understanding the circumstances surrounding the issue for which they have to give an answer. This is one of the bases of giving rulings and fatwas in particular, and is one of the principles of knowledge in general. So fiqh al-waaqi‘ means understanding what concerns the Muslims with regard to their own affairs or the plots of their enemies, so as to warn them or help them to progress in a real sense and not just in theory when focusing on news of the kuffaar or focusing totally on their analysis and ideas. Understanding reality in order to reach the shar‘i ruling is an important duty that a specialised and smart group of seekers of knowledge have to do. This is just like any other branch of knowledge, whether it has to do with sharee‘ah, social sciences, economics, military matters or any other branch of knowledge that is of benefit the Muslim ummah and will bring it back to its position of glory and leadership, especially when these branches of knowledge are developing from one time and place to another. 

But we have heard and seen that many young Muslims are confused with regard to this type of knowledge that we referred to above by the name of fiqh al-waaqi‘. They have, unfortunately, divided into two groups; some went to extremes with regard to this matter and others fell short. Now you can see and hear -- from those who exaggerate about the importance of fiqh al-waaqi‘ and raise it above its rightful level -- that they want every scholar of sharee‘ah to be knowledgeable about what they call fiqh al-waaqi‘, and the opposite is also applicable to them. They give the impression to those who listen to and support them that anyone who has knowledge of what is happening in the Muslim world has good understanding of the Qur’aan and Sunnah and is following the path of the righteous Salaf! But that is not necessarily the case, as is quite obvious. We cannot imagine the existence of a man who is perfect in all senses, i.e., one who could have knowledge of all the branches of knowledge referred to and discussed above. 

So what is required is for those who have devoted themselves to knowing the reality of the Muslim ummah and the plots that are made against it is for them to cooperate with the scholars of Qur’aan and Sunnah, according to the way of the early generations of this ummah, so that the former may present their understanding and ideas and the latter may issue the Islamic ruling on them, based on sound evidence and proof. As for the one who speaks of fiqh al-waaqi‘ being regarded in the minds of his listeners as a scholar or mufti for no other reason than that he is speaking to them on the basis of this “fiqh”, this cannot be correct in any way, because his words may be used as a reason to reject the fatwas of the scholars and their views and rulings."

 

Sheikh Muhammad Nasirud-Deen Al-Albani

Su’aal wa Jawaab hawla Fiqh al-Waaqi‘, p. 14-16



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