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8/6/2019 Fiqh and Usoole Fiqh
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FIQH AND USOOLE FIQH
1.1 Fiqh BASIC TERMS IN ISLAMIC JURISPRUDENCELinguistically, Fiqh implies having knowledge in depth. As a juristic term, Fiqh has two
meanings:
A. Having the knowledge of the rulings of Shariah (Islamic Law) which are extractedfrom the legislative sources. As an example, a Faqih would know the ruling forthe issue of abortion; in addition, he would know how and from where this ruling
was extracted.B. All the Islamic laws. This definition is synonymous to the term Shariah.
1.2 Usul al FiqhUsulalFiqh is the collection of principles pertaining to the methodology for the extractionof Fiqh. The concept of Usul al Fiqh is comparable to adhering to a methodology when
conducting a scientific experiment. Similarly, adhering to a methodology in deriving Fiqh(rulings) is referred to as Usul al Fiqh. This methodology provides a way for a person to
derive Islamic rulings from the legislative sources in Islam. The collection of principlesrelated to Usul al Fiqh is many. A few examples of these rules are discussed in the
following section.
A. Legislative SourcesAdopting specific sources to derive laws is a major subject in Usul al Fiqh. The
Quran, Sunnah, Ijma (consensus), and Qiyas(analogical deduction) are four sourcesin Islam, which are accepted by almost allof the scholars.
B. Arabic Language
Within the Arabic language, there are rules for understanding the structure of an
Ayah or Hadith. The rules of grammar in the Arabic language define the meaningof the Ayah or Hadith. Therefore, understanding the rules of grammar and theirapplication is one use of the Arabic language in Usul al Fiqh.
C. Interpreting the text of Quran and Sunnah
Unless the text of the Quran and Sunnah is correctly understood, no ruling canbe deduced from it. The linguistic structure of the text in Quran and Sunnah
varies from one style to another. Some examples of these linguistic styles are:
Thanniy (speculative text), Qatai(definitive text), Aam (general text), Khas
(specific text),Haqiqi (literal text), and Majaazi(metaphorical text). The rules todistinguish and differentiate between these styles is an important subject in Usul
al Fiqh.Some Muslims claim there is no need for Usul al Fiqh, thinking one can directly go to
the text of the Quran and Sunnah and derive laws. Such a claim really illustrates theignorance in understanding Islam. It is impossible to derive laws without being equipped
with the necessary tools. These tools enable us to understand the text of the Quran andSunnah, and without understanding the text, one would not be able to extract laws.
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As an example, without being aware of the rules of Arabic grammar for interpreting thetext of Quran and Sunnah, one would not be able to differentiate whether the command
in the Ayah or Hadith for a certain action is Haram (forbidden) or Makruh (undesirable).Therefore, Usul al Fiqh is a definite prerequisite to derive rulings.
The end product of Usul al Fiqh is Shariah (or Fiqh). The difference between Usul al Fiqh
and Shariah is that the latter is concerned with the rulings related to our actions, and Usulal Fiqh is concerned with the methodology applied to deduce such rulings.
1.3 ShariahThe linguistic meaning of the word Shariah is a non-exhaustive source of water from
which people satisfy their thirst. Thus, the linguistic significance of Shariah is that theIslamic laws are effectively a source of guidance. As water is the fundamental basis for
life, the Islamic laws are an essential source for guiding human life.Shariah is composed of all the laws derived from the legislative sources of Islam. These
laws are not just limited to areas covering marriage or divorce; rather, the Islamic lawscover every action performed by an individual or a society. The term Shariah is also a
synonym for Fiqh.
1.4 Hukm ShariiThe text of both Quran and Sunnah address many topics such as, stories of previous
Ummahs, the Day of Judgment, and others. However, the text which specificallyaddresses our actions of what to do or what not to do is referred to asHukmSharii.
The term Hukm Sharii, in Arabic, means the address of the Legislator related to ouractions. Islam addresses all of our actions, whether they are permitted or not.
Accordingly, all of our actions have to be guided by the Hukm Sharii. Allah (swt) says:Who so rules not according to what Allah has sent down ... they are the
disbelieves ...they are the wrongdoers ... they are the transgressors.(Al-Maldah: 44-47)
It is not for any believer man or woman, when Allah andHis Messenger have decided a matter, to have any choice for
themselves in their affairs. For whosoever against Allah (swt) andhis Messenger has gone astray into manifest error. (Al-Ahzab: 36)
1.4.1 Types of HukmSharii
Many Muslims are too quick to conclude that something is eitherHaram(prohibited) orFard(compulsory) after a quick reading of an Ayah or a Hadith. Not all commands in the
legislative sources are Fard or Haram. The rules which are used to differentiate the typesof Hukm Sharii are again related to Usul al Fiqh.
In reality, theHukmShariican be understood in five general ways.
A. Fard (compulsory):
If the request to do an action is decisive (Talab Jazim) then it is a Fard orWajib;both have the same meaning. A person who complies with a Fard will be
rewarded,while one who disobeys will be punished.Example: Performing and establishing Salat, paying Zakah.
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B Haram (prohibited)
If the instruction is connected with a decisive command of refraining from anaction then it is Haram. If the Haram is committed, then the person
will be punished, but if the Haram action is avoided, the person will be rewarded.
Example: dealing with Riba, gambling, nudity etc.
C. Mandub, Sunnah or Nafilah (recommended)
If the instruction to do an action is not firm, then it is considered Mandub, Theone who performs it is praised and rewarded; however, the one who abstains
from it is neither blamed nor punished.Example: Attending to the sick, giving alms to the poor, fasting Mondays/ Thursdays.
D. Makruh (disliked):
If the instruction of refraining from an action is not firm, then it is consideredMakruh. The one who abstains is praised and rewarded while the one who does
it is neither punished nor blamed.Example: Eating garlic before going to the Masjid for Salat, etc.
F. Muhbah (permissible)
If the choice to do or not to do an action is left up to the person, then the action iscalled Mubah. One will neither be rewarded nor punished for an action falling
under this category.Example: Eating lamb or chicken, marrying up to four wives, etc.
Some of the Hukm Sharii such as Fard are divided into sub-categories. For example,
Fard is divided into FardalAyn and FardalKifaya. Faid al Ayn is obligatory on everysingle Muslim, such as praying five times a day; whereas, Fard al Kifaya is obligatory on
the whole Ummah, until part of the Ummah fulfills the Fard, such as the burial of adeceased Muslim. If a portion of the Ummah fulfilled this task, then this relieves the duty
from the rest of the Muslims.