16. Fiqh namunalari (namadhij)
16. Examples (namadhij) Of Fiqh
Sahobalar (roziyallohu anhum) arab edi, arab tili ularning tabiatiga singib ketgan edi, ular arab tilini aniq va keng qamrovli tushunadigan olimlar edi. Ular Rasululloh ﷺ bilan birga bo‘lib, ularning huzurlarida Qur’on nozil bo‘lardi. Rasululloh ﷺ voqealarda Allohning hukmini bayon qilib berardi, shuning uchun ular buni o‘z ko‘zlari va quloqlari bilan ko‘rib-eshitardi; shu sababli ular shariat ilmini ham keng qamrovli tushunadigan olimlar edi. Ularning ko‘z o‘ngida Allohning hukmini aniqlashni talab qiladigan voqea yuz berganda, ular matnning ma’nosidan (ma’qul an-nass) chiqarib olgan o‘z fikrlarini bayon qilish orqali shar’iy hukmni (hukm shar’iy) izohlardi. Ko‘pincha ular faqat hukmni aytib, uning dalilini bayon qilishdan o‘zlarini tiyib turardi. Shu tariqa sahobalarning hukmi ularning fikrlari shaklida naql qilindi. Aynan shu narsa ba’zilarga sahobalar hukmlarda o‘z fikrlarini bildirgan, degan tushuncha berdi. Haqiqatda esa, sahobalar shariat matnlarini tushunishlaridan chiqarib olgan shar’iy hukmni bayon qilardi, lekin uni dalil bilan birga keltirmas yoki hukmning shar’iy sababini hamda shar’iy sababning dalilini izohlamas edi.
The Sahabah (ra) were Arabs and the Arabic language was intrinsic to them, and they were scholars with a precise and comprehensive understanding of the Arabic tongue. They would accompany the Messenger of Allah (saw) with the Qur’an being revealed while they were with the Messenger (saw). The Messenger (saw) would clarify the rule of Allah (swt) in the incidents so they would witness it with their eyes and ears, this is why they were also scholars of the Shari’ah with a comprehensive understanding of it. When an incident would occur infront of them requiring a clarification of the rule of Allah (swt), they would elucidate its Shari’ah rule (hukm shar’i) through elucidating their opinion that they deduced from the text of the understanding of the text (ma’qul an-nass). Often they would limit themselves to giving the rule without clarifying its evidence, thus the companions’ judgement was transmitted in the form of their opinions. This is what led some to understand that the Sahabah would give their (own) opinions in judgements. The reality is that the Sahabah would give the Shari’ah rule which they deduced from their understanding of the Shari’ah texts, but they did not append it with evidence or clarify the legislative reason for the rule or the evidence for the legislative reason.