The Relationship Between a Faqeeh and a Muhaddith

Question: What is the relationship between the Science of Fiqh and the Science of Hadeeth? And is the Muhaddith required to be a Faqeeh or just a Muhaddith only?

Shaykh al-Albaanee: The Faqeeh is required to be a Muhaddith while the Muhaddith is not required to be a Faqeeh. This is because the Muhaddith is a Faqeeh automatically due to the nature of his condition. Did the companions of Allaah‘s Messenger (sallallaahu alayhi wa sallam) used to study Fiqh or not? And what was the Fiqh that they used to study? It is that which they used to take from the Messenger of Allaah (sallallaahu alayhi wa sallam) (that is, the hadeeth). So they were in fact studying hadeeth.

As for those Fuqahaa who study the opinions of the scholars and their Fiqh, while not studying the hadeeth of their Prophet (sallallaahu alayhi wa sallam), who is the source of Fiqh, it must be said to them: “You must study the science of Hadeeth.” This is since we cannot imagine there being a correct Fiqh without knowledge of hadeeth, memorizing them, authenticating them and declaring them weak. And at the same time, we cannot imagine there being a Muhaddith that is not a Faqeeh.

Thus, the Qur’aan and the Sunnah are the source for all of the Fiqh. As for the Fiqh that is commonly known today, then it is the Fiqh of the scholars and not the Fiqh of the Book and Sunnah. Yes, some of it exists in the Book and the Sunnah, but some of it consists purely of opinions and scholarly deductions. However, in much of these (opinions and deductions), there is a contradiction on their part with the hadeeth, for they were not able to encompass all the knowledge of it. 

Source: [Al-Asaalah, Issue #7]. 

Ruling on Wearing other than Black and White Hijab

It is not a must for Muslim women to wear only black and white hijab. Rather, it is permissible for them to wear any colour of hijab so long as it covers their awrah, not so thin or delicate as to display the body’s form or skin colour underneath it or tight-fitting such that it shows the shape and size of the limbs or decorated and adorned in such a way that it charms and attracts men’s attention to the woman wearing it.

There are authentic narrations from the female Companions, which indicates that it is permissible to wear other than black and white hijab as recorded by al-Haafidh Ibn Abee Shaybah in al-Musannaf (8/371-372):

1. Ibraaheem an-Nakha’ee reported that he, ‘Alqamah and al-Aswad entered upon the wives of the Prophet (sallallaahu alayhi wa sallam) and saw them in red coverings (that is, hijab).

2. Ibn Abee Mulaykah narrated: I saw Umm Salamah putting on a garment and a covering dyed with ‘usfur [(safflower) - the red dyestuff obtained from safflowers].

3. Al-Qaasim and he is Ibn Muhammad bin Abee Bakr as-Siddeeq related that Aa’ishah used to wear garment dyed with ‘usfur while she was in the state of ihram.

4. Hishaam narrated on the authority of Faatimah bin al-Mundhir that Asmaa’ used to wear garment dyed with safflower while she was in the state of ihram.

5. Sa’eed bin Jubayr related that he saw some of the wives of the Prophet (sallallaahu alayhi wa sallam) performing tawaaf of the House while they were wearing clothing dyed with safflower.

See: Jilbaab al-Mar’ah al-Muslimah fil-Kitaab was-Sunnah, p.122-123 by Shaykh al-Albaanee (may Allaah have mercy on him)

Weak Hadiths Concerning Neighbours

1. Jaabir bin Abdullaah (may Allaah be pleased with him) reported that the Messenger of Allaah (sallallaahu alayhi wa sallam) said: “There are categories of neighbours: firstly, the neighbour who enjoys only one right and he is the lowest of neighbours in right. Secondly, the one who enjoys two rights and thirdly the neighbour who enjoys three rights. The neighbour with only one right is the polytheist with whom there is no tie of kinship. The neighbour with two rights is the neighbour who is a Muslim; he has the right of Islaam and the right of neighbourhood. As regards the one with three rights, it is the neighbour who is a Muslim and a relative; he has the right of Islaam, the right of neighbourhood and the right of a relative.”

Recorded by al-Bazzaar in his Musnad and he said, “We do not know of it (this hadeeth) from the Prophet (sallallaahu alayhi wa sallam) except through this chain of narrators. Al-Haythamee said in Majma’ az-Zawaa’id (8/164): “The Shaykh of al-Bazzaar Abdullaah bin Muhammad al-Haarithee is a fabricator of hadeeth.” Shaykh Alee Hasan stated that this hadeeth is weak because of two shortcomings: the weakness of Ataa’ al-Khurasani and al-Hasan did not hear from Jaabir.[1]

2. At-Tabaraanee in his Mu‘jam al-Kabeer (4379) and others related that the Prophet (sallallaahu alayhi wa sallam) said: “The neighbour before the house.” Another version reads: “Choose the neighbour before the house.” As-Sakhawi said in al-Maqaasid al-Hasanah (no. 163): “Ibn al-Muhabbar is Matrook (rejected); he and Sa‘eed cannot be used as proof.” Imaam adh-Dhahabee mention this hadeeth in Meezaan al-I’tidaal (1/15) among the Munkar (denounced) ahaadeeth of Ibn al-Muhabbar.[2]

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[1] Huqooq al-Jaar fee Saheeh as-Sunnah wal-Aathaar, p. 40

[2] Source: Huqooq al-Jaar fee Saheeh as-Sunnah wal-Aathaar, p. 37-40 by Alee Hasan  Alee Abdul-Hameed