Knowledge International University

Final Assignment

Course Name: Fiqh II

Course Code: FQH II
Instructor:

Shaykh Riaz Ansary

Student Details
Name: Hassan Basarally
Student ID: 1120020
Batch:
Semester: 3

Assignment Question:

Submit an assignment on any ONE of the following questions:

Assignment Choice 1 (consists of four questions):
1.
The following verse has been clarified by another verse of the Quran. Identify the
clarifying verse and the type of bayaan.
Then Adam received from his Lord words, and He relented toward him. Indeed, He is the
Relenting, the Merciful. 2:37
2.
verse:

Quote the relevant part of the text of five hadeeths that clarify the following Quranic

Establish prayer, and pay zakaah; and whatever of good you send before [you] for your
souls, you will find it with Allah. Indeed, Allah is Seer of what you do. 2:110
Properly document the source of each hadeeth: [authors name, publishers name, city of
publisher, year published; then either volume and page number OR kitaab name, baab name, and
hadeeth number (if the work lists it).]

Finally, indicate the type of bayaan provided by the hadeeth.

3.

Many scholars say that the following verse has been abrogated:

As for those of your women who are guilty of lewdness, call to witness four of you against
them. And if [the witnesses] testify [to the truth of the allegation] then confine them to the
houses until death take them or [until] Allah appoint for them a way [through new legislation].
4:15
a.
b.

Name five scholars who believe it has been abrogated.

Identify the verse they say abrogated it.

c.

Name a scholar who disagrees.

d.

Provide one argument for each side.

4.
The Hanafis do not allow takhsees of a Quranic verse by an aahaad hadeeth unless the
verse has been subjected to takhsees by another Quranic verse or a mutawaatir or mustafeed
hadeeth. They allow many hadeeths to make takhsees of the following verse:
Those who swallow usury cannot rise up except as one arises whom the devil has driven
mad by [his] touch. That is because they say, Trade is just like usury; whereas Allah
permits trading and forbids usury. 2:275
a.
Identify a Quranic text that could be considered to make takhsees of this verse.
b.
Identify five hadeeths that make further takhsees of this verse. Document the hadeeths
properly.


1. The verse:
()






2:37 Then Adam received from his Lord words and his Lord pardoned Him (accepted his
repentance). Verily, He is the one who forgives (accepts repentance), the Most Merciful.
Clarifying verse:
()









2:23. They said: "Our Lord! We have wronged ourselves. If You forgive us not, and bestow not upon
us your mercy, we shall certainly be of the losers."
Type of Bayaan: Clarification by words: the Quran clarifying the Quran.

2. The verse:
)(











2:110. And perform As-Salt (Iqmat-as-Salt), and give Zakt, and whatever of good (deeds that
Allh loves) you send forth for yourselves before you, you shall find it with Allh. Certainly, Allh is
All-Seer of what you do.
Ahadith that clarify the verse:
a.

"




" .






"








.










" .



Abdur-Rahman bin Abi Bakrah narrated from his father that a man said:
He whose life is long and" He said:"?O Messenger of Allah! Which of the people is the best"
He said: "Then which of the people is the worst?" He said: "He whose life is"his deeds are good.
"long and his deeds are bad.
Jamia At Tirmidi, Book on Zuhd, English reference: Vol. 4, Book 10, Hadith 2330, Arabic reference:
Book 36, Hadith 2500
Type of Bayaan: Clarification by words: the Quran is explained by the Sunnah.
b.















.

".






"

What deeds are" )Narrated Ibn Mas`ud: A man asked the Prophet (sallallahu 'alaihi wa sallam
The Prophet (sallallahu 'alaihi wa sallam) said: (1) To perform the (daily"?the best
compulsory) prayers at their (early) stated fixed times, (2) To be good and dutiful to one's own
"parents. (3) and to participate in Jihad in Allah's Cause.
Sahih Bukhari, Book on Tawheed, Chapter 48: The Prophet called As-Salat a deed and said,
Whoever does not recite Al-Fatiha of the Book in his Salat, his Salat is invalid, Hadith 7534
Type of Bayaan: Clarification by words: the Quran is explained by the Sunnah.
c.

























.







I gave the pledge of allegiance to Allah's Messenger (sallallahu

Narrated Jarir bin Abdullah:

)'alaihi wa sallam) for the following: offer prayers perfectly, pay the Zakat (obligatory charity
and be sincere and true to every Muslim.
Sahih Bukhari, Book on Iman, Chapter 42: The statement of the Prophet: Religion is An-Nasihah (to
be sincere and true) to Allah, to His Messenger (Muhammad), to the Muslim rulers, and to all the
Muslims, Hadith 57.
Type of Bayaan: Clarification by words: the Quran is explained by the Sunnah.
d.

"

".

Narrated Ibn `Abbas: When the Prophet (sallallahu 'alaihi wa sallam) sent Mu`adh to Yemen, he said
to him, "You are going to a nation from the people of the Scripture, so let the first thing to
which you will invite them, be the Tauhid of Allah. If they learn that, tell them that Allah has
enjoined on them, five prayers to be offered in one day and one night. And if they pray, tell
them that Allah has enjoined on them Zakat of their properties and it is to be taken from the
rich among them and given to the poor. And if they agree to that, then take from them Zakat but
avoid the best property of the people."
Sahih Bukhari, Book on Tawheed, Chapter 1: The Prophet (saws) inviting his followers to Tauhid of
Allah, Hadith 7372
Type of Bayaan: Clarification by words: the Quran is explained by the Sunnah.
e.

"
























."




Narrated Ibn 'Umar: Allah's Messenger (sallallahu 'alaihi wa sallam) said: "I have been ordered (by
Allah) to fight against the people until they testify that none has the right to be worshipped but
Allah and that Muhammad is Allah's Messenger (sallallahu 'alaihi wa sallam), and offer the
prayers perfectly and give the obligatory charity, so if they perform that, then they save their
lives and property from me except for Islamic laws and then their reckoning (accounts) will be
done by Allah."

Sahih Bukhari, Book on Iman, Chapter 17: (The Statement of Allah) "But if they repent [by rejecting
Shirk (polytheism) and accept Islamic Monotheism] and perform As-Salat (Iqamat-as-Salat) and give
Zakat then leave their way free.", Hadith 25
Type of Bayaan: Clarification by words: the Quran is explained by the Sunnah.
3. Abrogation of:


















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4:15. And those of Your women who commit illegal sexual intercourse, take the evidence of four
witnesses from amongst You against them; and if they testify, confine them (i.e. women) to houses
until death comes to them or Allh ordains for them some (other) way.
a. Scholars who believed it to be abrogated:
1. Ibn Qudama
2. Abu Hanifah
3. Ahmad ibn Hambal
4. Malik ibn Anas
5. Muhammad ibn Idris Ash Shafiee
b. Abrogating verse:













()




24:2 The woman and the man guilty of illegal sexual intercourse, flog each of them with a hundred
stripes. Let not pity withhold you in their case, in a punishment prescribed by Allh, if you believe in
Allh and the Last Day. And let a party of the believers witness their punishment. (this punishment is

for unmarried persons guilty of the above crime but if married persons commit it, the punishment is
to stone them to death, according to Allh's law).
c. Scholar who believes it is not abrogated:
d. Ab Muslim al-Afahn.
e. Arguments for both points:
1.Verse is abrogated: The Hadith:











"











"




Narrated 'Ubadah bin As-Samit: "The Messenger of Allah (sallallahu 'alaihi wa sallam) said:
'Take from me. For Allah has a way made for them. For the married person who commits
adultery with a married person is one hundred lashes, then stoning. And for the virgin who
commits adultery with a virgin is one hundred lashes and banishment for a year."
Jami At Tirmidhi, Book of Legal Punishments, Hadith 1434

2. Verse is not abrogated: The Quran has no abrogation because of the verse:
()










41:42. Falsehood cannot come to it from before it or behind it (it is) sent down by the All-Wise,
Worthy of All praise

4. The verse:
















()

2:275. Those who eat Rib (usury) will not stand (on the Day of Resurrection) except like the
standing of a person beaten by Shaitn (Satan) leading him to insanity. That is because they say:
"Trading is only like Rib (usury)," whereas Allh has permitted trading and forbidden Rib (usury).
a. Verse that gives Takhsees:
()






2:278. O You who believe! Be afraid of Allh and give up what remains (due to you) from Rib
(usury) (from now onward), if You are (really) believers.

()












2:279. And if You do not do it, then take a notice of war from Allh and his Messenger but if you
repent, you shall have your capital sums. deal not unjustly (by asking more than your capital sums),
and you shall not be dealt with unjustly (by receiving less than your capital sums).
b. Five Ahadith that make further Takhsees of the verse:
1.

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" .


"




" .

.




Narrated Abu Hurairah: The Messenger of Allah (sallallahu 'alaihi wa sallam) as saying: Refrain
from seven (characteristics) which cause destruction. He was asked: What are they, Messenger of
Allah? He replied: To assign partner to Allah, magic, to kill a soul (man) which is prohibited by
Allah except for which is due, to take usury, to consume the property of an orphan, to retreat on the
day of the battle, and to slander chaste women, indiscreet but believing.
Sunan Abi Dawood, Book of Wills, Chapter 1063: What Has Been Related About The Severity Of
Consuming The Wealth Of An Orphan, Hadith 2873
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Sumurah bin Jundub (May Allah be pleased with him) said:The Messenger of Allah (sallallahu
'alaihi wa sallam) very often used to ask his Companions, "Do any one of you has seen a dream?" So
dreams would be narrated to him by those whom Allah willed to relate. One day he (sallallahu 'alaihi
wa sallam) said, "Last night I had a vision in which two men (angels) came to me and woke me up
and said to me, 'Proceed!' I set out with them and we came across a man lying down, and behold,

another man was standing over his head, holding a big rock. Behold, he was throwing the rock at the
man's head, smashing it. When he struck him, the stone rolled away and he went after it to get it, and
no sooner had he returned to this man, his head was healed and restored to its former condition. The
thrower (of the rock) then did the same as he had done before. I said to my two companions, 'SubhanAllah! Who are these?' They said: 'Proceed, proceed.' So we proceeded and came to a man lying in a
prone position and another man standing over his head with an iron hook, and behold, he would put
the hook in one side of the man's mouth and tear off that side of his face to the back (of the neck),
and similarly tear his nose from front to back, and his eyes from front to back. Then he turned to the
other side of the man's face and did just as he has done with the first side. He had hardly completed
that (second) side when the first returned to its normal state. I said to my two companions, 'SubhanAllah! Who are these?' They said, 'Proceed, proceed.' So we proceeded and came across something
like a Tannur (a kind of baking oven, a pit usually clay-lined for baking bread)." I (the narrator) think
the Prophet (sallallahu 'alaihi wa sallam) said, "In that oven there was much noise and voices." The
Prophet (sallallahu 'alaihi wa sallam) added, "We looked into it and found naked men and women,
and behold, a flame of fire was reaching to them from underneath, and when it reached them they
cried loudly. I asked, 'Who are these?' They said to me, 'Proceed, proceed.' And so we proceeded and
came across a river." I (the narrator) think he said, "-- red like blood." The Prophet (sallallahu 'alaihi
wa sallam) added, "And behold, in the river there was a man swimming, and on the bank there was a
man who had collected many stones. Behold, while the other man was swimming, he went near him.
The former opened his mouth and the latter (on the bank) threw a stone into his mouth whereupon he
went swimming again. Then again he (the former) returned to him (the latter), and every time the
former returned, he opened his mouth, and the latter threw a stone into his mouth, (and so on) the
performance was repeated. I asked my two companions, 'Who are these?' They replied, 'Proceed,

proceed.' And we proceeded till we came to a man with a repulsive appearance, the most repulsive
appearance you ever saw a man having! Beside him there was a fire, and he was kindling it and
running around it. I asked my two companions, 'Who is this (man).' They said to me, 'Proceed,
proceed!' So we proceeded till we reached a garden of deep green dense vegetation, having all sorts
of spring colours. In the midst of the garden there was a very tall man, and I could hardly see his head
because of his great height, and around him there were children in such a large number as I have
never seen! I said to my two companions, 'Who is this?' They replied, 'Proceed, proceed.' So we
proceeded till we came to a majestic, huge garden, greater and better than any garden I have ever
seen! My two companions said to me, 'Ascend up' and I ascended up." The Prophet (sallallahu 'alaihi
wa sallam) added, "So we ascended till we reached a city built of gold and silver bricks, and we went
to its gate and asked (the gatekeeper) to open the gate, and it was opened; and we entered the city and
found in it men with one side of their bodies as handsome as the most handsome person you have
ever seen, and the other side as ugly as the ugliest person you have ever seen! My two companions
ordered those men to throw themselves into the river. Behold, there was a river flowing across (the
city), and its water was like milk in whiteness. Those men went and threw themselves in it and then
returned to us after the ugliness (of their bodies) had disappeared, and they came in the best shape."
The Prophet (sallallahu 'alaihi wa sallam) further added, "My two companions said to me: 'This place
is the 'Adn Jannah, and that is your place.' I raised up my sight, and behold, there I saw a palace like a
white cloud! My two companions said to me, 'That palace is your place,' I said to them, 'May Allah
bless you both! Let me enter it.' They replied, 'As for now, you will not enter it, but you shall enter it
(one day).' I said to them, 'I have seen many wonders tonight. What does all that mean which I have
seen?' They replied, 'We will inform you: As for the first man you came upon, whose head was being
smashed with the rock, he is the symbol of the one who studies the Qur'an and then neither recites it

nor acts on its orders, and sleeps, neglecting the enjoined prayers. As for the man you came upon,
whose sides of mouth, nostrils and eyes were torn off from front to back, he is the symbol of the man
who goes out of his house in the morning and tells lies that are spread all over the world. And those
naked men and women whom you saw in a construction resembling an oven, they are the adulterers
and the adulteresses. And the man who was given a stone to swallow is the eater of Ar-Riba (usury),
and the bad-looking man whom you saw near the fire, kindling it and going around it, is Malik, the
gatekeeper of Hell, and the tall man you saw in the garden is (Prophet) Abraham, and the children
around him are those who died upon Al-Fitrah (the Islamic Faith of Monotheism)."' The narrator
added: Some Muslims asked the Prophet (sallallahu 'alaihi wa sallam) , "O Messenger of Allah! What
about the children of Al- Mushrikun (i.e., polytheists, pagans, idolaters, and disbelievers in the
Oneness of Allah and in His Messenger Muhammad (sallallahu 'alaihi wa sallam))?" The Prophet
(sallallahu 'alaihi wa sallam) replied, "And also the children of Al-Mushrikun." The Prophet
(sallallahu 'alaihi wa sallam) added: "My two companions added, 'The men you saw half handsome
and half ugly were these people who had mixed an act that was good with another that was bad, but
Allah forgave them'."
Riyadh As Saliheen, Book of Prohibited Actions, Hadith 1546
3.
























"







"
It was narrated from Abu Hurairah that the Messenger of Allah (sallallahu 'alaihi wa sallam) said:
"There are seventy degrees of usury, the least of which is equivalent to a man having intercourse with
his mother."
Sunan Ibn Majah, Book of Business Transactions, English reference: Vol. 3, Book 12, Hadith 2274

Arabic reference: Book 12, Hadith 2360

4.

Jabir said that Allah's Messenger (may peace be upon him) cursed the accepter of interest and
its payer, and one who records it, and the two witnesses, and he said: They are all equal.
Sahih Muslim, Book of Masaaqah, Hadith 3381
5.

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" .

Abu Sa'id al-Khudri (Allah be pleased with him) reported Allah's Messenger (may peace be
upon him) as saying: Gold is to be paid for by gold, silver by silver, wheat by wheat, barley by
barley, dates by dates, salt by salt, like by like, payment being made hand to hand. He who
made an addition to it, or asked for an addition, in fact dealt in usury. The receiver and the
giver are equally guilty.
Sahih Muslim, Book of Masaaqah, Hadith 3854