DEFINITION AND SCOPE OF

DEFINITION1. The term Usul al-Fiqh is composed of two

terms:

a. Usul (pl. of asl)b. Fiqh

2. Combination of both definitions

DEFINITION: 1 Originated from [أصل] which means:

a. Root [something from which another thing originates]b. Foundation [something upon which another thing is constructed]Technically: dalil (evidence), original rule (usul al-ahkam), qaidah (general rules).

Derived from the root word of [فقه]: Comprehension or True understanding.Technically:

العلم باألحكام الشرعية العملية المكتسبة من أدلتها الفقه هو: التفصيلية

Fiqh is :The knowledge of the sharie legal rules, pertaining to conduct,/practical revealed rulings, that have been derived/extracted from their specific evidences/detailed evidences.

DEFINITION OF USUL AL-FIQH

al-Razi:

عبارة ع]]ن مجموع طرق الفق]]ه عل]]ى س]]بيل ”اإلجمال وكيفي]ة اإلس]تدالل به]ا وكيفي]ة حال

”المستدل بها[It is an expression that includes all the evidences leading to Fiqh when these are considered in a broad sense, and for the legal reasoning proceeding from these evidences as well as for the status of the person undertaking such reasoning]

Al-Ghazali (al-Mustasfa fi ilm al-Usul):

عبارة ع]]]ن أدل]]]ة هذه األحكام، وع]]]ن معرف]]]ة وجوه ”داللته]ا عل]ى األحكام م]ن حي]ث الجمل]ة ال م]ن حي]ث

“التفصيل[An expression employed for the evidence of these legal rules and for a knowledge of the broad ways in which they reveal such rules, and not by way of a specific indication – for a specific rule]

Al-Shawkani: (إرشاد الفخول)العل]م بالقواع]د الت]ي يتوص]ل به]ا] إل]ى اس]تنباط األحكام

الشرعية العملية من أدلها التفصيليةIt is the knowledge of principles by means of which

one has an access to the derivation of the commands of the shariah relating to the conduct of man on the basis of its detailed evidences.

Al-Baidhawi:(منهاج الوصول إلى علم األصول)

معرف]ة دالئ]ل الفق]ه اإلجمالي]ة، أص]ول الفق]ه: ه]و ديوكيفية االستفادة منها، وحالة المستف

Usul al-Fiqh is the knowledge of the proof of fiqh in general, and the manner of their utilization and the condition of the one who utilises them.

These definitions despite verbal diversity highlight substantially the same. It may be understood from these definitions that usul al-Fiqh applies to the knowledge of three things : namely the proofs (sources) of fiqh in general, the method of utilization, and the condition of a person who utilizes them. All these need to be explained.

The proofs (sources) are generally referred to the sources of law such as Qur’an, sunnah, ijmak, qiyas and etc. In Usul al-Fiqh, they are to be dealt in general (ijmalan) and not in specific (tafsilan), Therefore, usul al-fiqh provides general rules and broad principles.

The method of utilizing the sources requires the knowledge of the method of legal reasoning (ijtihad) establishing a hierarchy of the sources, and clarification of the rules of reconciliation, abrogation and preference in the case of conflicting legal texts (nass)

The person who utilizes these sources (mustafid) is one who seeks to find out the divine command. This person is normally known as mujtahid or faqih (jurist)

Ibn Qudamah, the Hanbali jurist mentions:

الفقه هو علم بأحكام األفعال الشرعية كالحلوالحرمة والصحة والفساد ونحوها، وأصول الفقه

أدلته الدالة عليه من حيث الجملة ال من حيث التفصيل

Fiqh is the knowledge of the commands of the shariah relation to the act of man, such as halal, haram, valid, unvalid and etc. And usul al-fiqh means the proofs of fiqh which lead to it in general and not in respect of details.

Usul al-fiqh is a science which deals with the principles whose study leads a man to derive legal rules from the original sources through the general principles, or sometimes it is referred to the science of principles.

It is evident from the definition of usul al-fiqh that its purpose is to lay down principles and general rules which helps a jurist to have an access to the commands of the shariah, so that he may be able to avoid committing errors in the derivation of the law. The object of both fiqh and usul al-fiqh is the same, namely conversance with the commands of the shariah.

However, usul al-fiqh lays down, expounds and explain methods of derivation of rules, whereas fiqh actually derives them in the light of the methods and principles laid down by usul al-fiqh.

A legal theorist (usulist) deals with the general rules and fundamental principles (Adillah ijmaliyyah) as they lead to the command of shariah. Whereas a jurist (faqih) deals with the command along with the proofs, making use the general principles laid down in usul al-fiqh to derive the rules from the sources.

Thus, primarily Usul al Fiqh deals with the sources or roots of Islamic law.

Usul al-fiqh, or the roots of Islamic law, expound the indications and methods by which the rules of fiqh are deduced from their sources. These indications are found mainly in the Qur'an and Sunnah, which are the principal sources of the Shari'ah.

The rules of fiqh are thus derived from the Qur'an and Sunnah in conformity with a body of principles and methods which are collectively known as usul al-fiqh.

Continue….Usul al Fiqh (Usul is plural of

Asl) the bases or roots of Islamic Law, expound the methods by which Fiqh (detail Islamic law) is derived from their sources. In this view, Usul is the methodology and the Fiqh is the product.

Continue….Scholars of Usul al-fiqh have

developed a number of principles that are used as guideline, principles, methods to derive fiqhi rulings. These are known as “Usul al-fiqh” or the “principles in Islamic Jurisprudence.”

Some Examples of Principles of Usul al-Fiqh

Examples of Usul Principles

 -كل دليل شرعي قطعي فال إشكال في إعتبارهEach of the absolute syarie evidence, there is no issue in accepting

it….example of Quran and hadith mutawatir

معرفة أسباب التنزيل الزمة لمن أراد علم القرآنThe Knowledge about the reason for the revelation is a compulsory

for anyone who wants to understand Qur’an

اإلجتهاد إن تعلق باالستنباط في النصوص اشترط له العلم بالعربية وإن تعلقبالمعاني لزم العلم بالمقاصد الشريعة

If the ijtihad concerning deriving the rules from the nass, someone must have an adequate knowledge of the Arabic. If it is concerning the meaning of the nass, someone must have an adequate knowledge of the maqasid al-shariah (purpose of Islamic law)

Examples of Usul Principles يصح ان يقع بين الحالل والحرام مرتبة العفو- 

It is valid that al-afw (forgiven) is located between al-halal and al-haram….example eating haram animal during the darurah time….marriage of our own family by mistake

طلب التخفيف بوجه غير شرعي باطل Asking for reducing which is not in line with Shariah is batil (Rejected)…

example fasting from subuh to zohor daily….fasting 3 days for 10 monthsالمشقة غير مقصودة للشارع

Masyaqqah (difficulty) is not intended by the Shari’..example taking difficult route to reach at mosque….fasting without breaking it.

من ابتغى في التكاليف ما لم تشرع له فعمله باطل Anyone practices in religion something which was not revealed, his

practice is batil (rejected) – example fasting from subuh to zohor

Examples of Usul Principles .المباح المفضي الى الحرام حرام

Permissibility that leads to haram, is considered as haram…playing game which lead to neglecting solat, siyam etc.

-  . ما حرم استعماله حرم إتخاذه Something which is not allowed to be used, it is not allowed to

be taken….bribery . ماال يتم الواجب اال به فهو واجب -

Something needed to complete an obligation, it is also considered as a part of wajib..going to hajj register your name in tabung haji.

.اذا اجتمع الحالل والحرام غلب الحرام - When there is a mixture between halal and haram, haram

prevails. ….example I piece of khinzir meat cooked together with a buffalo.

Examples of Usul Principles

.المصالح معتبرة شرعا - Public interest (Maslahah) is considered in creating hukum

.ال إجتهاد في مورد نص قطعي - Ijtihad is not allowed in the presence of text (nass)

.اإلجتهاد يفيد الظن - Ijtihad provides probable (zann) evidence)

.ال إجتهاد في مواقع اإلجماع - Ijtihad is not allowed in the presence of ijmak

.اإلجتهاد ال ينقض بمثله - Ijtihad does not deny another similar Ijtihad

Continue….As Usul al-Fiqh deals with

the primary sources of Islamic law, the Quran and the Sunnah, Thus, Usul discusses the characteristics of the Quran and Sunnah, and what are the methods of deduction of law from the Quran and the Sunnah.

Continue…. In doing that, Usul discusses various

kinds of words used in the Quran and the Sunnah in particular, and Arabic language in general such as the Amm (general) and the Khass (particular), Mutlaq (unconditional) and Muqayyid (conditional), Haqiqi (literal) and the Majazi (Metaphorical), as well as various types of clear words (sarihah) and unclear words (kinayah) and etc.

Continue… Methods of deductions from the

legal verses of the Quran and the legal Ahadis are what the Fuqaha (jurists) have called Ibarah al Nass (where Ahkam or rules are derived from the obvious words and sentences themselves), Isharah al Nass (where Ahkam are inferred from signs and indications inherent in the text)

Continue…

Dalalah al Nass (where Ahkam are derived from the spirit and rationale of a legal text) and Iqtida al Nass (whereby Ahkam are derived as a requirement of the provision of the text, though the text is silent on the issue).

Continue…

There are 114 suras of unequal length. The Quran consists of manifest revelation ('Wahy Zahir) which is direct communication in the words of Allah. This is different from Wahy Batin (non-manifest revelation) which consists of inspiration and concepts. All the Ahadis of the prophet fall under this category.

common discussions of usul al-fiqh in regard to Quran and

Sunnah The common discussions consist of the following: The discussion of imperatives (awamir)  The discussion of negative imperatives (nawahi)  The discussion of generalities and particularities

(aam wa khas)  The discussion of unconditional (mutlaq) and

conditional (muqayyad)  The discussion of tacit meanings (mafahim)  The discussion of the abstract (mujmal) and the

clear (mubayyan)  The discussion of the abrogator (nasekh) and the

abrogated (mansukh)

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One of the things that has been discussed in Usul al-Fiqh is about Qati (definitive) and Zanni (speculative). The whole of the Quranic text is Qati (definitive) in regard to it Riwayah (report) is conclusive and beyond doubt. Only other text, which has been considered Qati is only Mutawatir from Sunnah . Other ahadith and Ijtihad are Zanni (Speculative) material.

1. Decisive proof or Definitive evidence ( القطعي :( الدليل The evidence that comes from source that is definite. It can be further divided into two categories: a) ( الثبوت Definitive evidence with the respect ( قطعي of the authenticity of its transmissions that it is transmitted with tawatur. Such as : The Holy Quran and hadith mutawattir.

b) ( الداللة Definitive evidence with the respect of ( قطعيits

meaning that its not give more than one meaning.

There are 2 types of evidence/proof ( الدليل ):

1. Indecisive proof or Probable evidence ( الظني :( الدليل The evidence that comes from source that is not

definitive or probable. It can be further divided into two categories: a) ( الثبوت Probable evidence with the respect ( ظني of the authenticity of its transmissions that it is not transmitted with tawatur. Such as : Hadith ahad. ( فاتحة يقرأ لم لمن صالة ال

(الكتاب No solat except by reciting al-Fatihah

b) ( الداللة Definitive evidence with the respect of ( ظنيits

meaning that it can give more than one meaning.Like the meaning of word “al-Quru’” asd mentioned by Allah in Quran.

Examples

فاجلدوهم .1 شهداء بأربعة يأتوا لم ثم المحصنات يرمون ذين والوال جلدة الفاسقون ]ثمانين هم وأولئك أبدا شهادة لهم تقبلوا

4النور] :

And those who launch a charge against chaste women, and produce not four witnesses (to support their

allegations), flog them with eighty stripes; and reject their evidence ever after: for such men are wicked

transgressors;

Example of zanni al-Dilalah

قروء .2 ثالثة بأنفسهن صن يترب قات والمطل

Divorced women shall wait concerning themselves for three (quru’).

Quru’ stands for menstruation (al-haid) and purification (al-tuhr)

Another issue discussed in Usul al-Fiqh is about Asbab al Nazul or events which are related to revelation of various Quranic Ayats. The Hukm (law) is not limited to the particular events or circumstances of that particular Asbab al-Nuzul. However Asbab al Nazul helps Mujtahiduun to understand the Quran and its law as the whole.

Usul al-Fiqh & Other Sources

Usul al Fiqh also discusses the secondary sources of Islamic law, the Ijma (consensus), Qiyas (analogical deduction), Istihsan (Juristic preference) and other methods of Ijtihad (reasoning and investigation). All the secondary sources are either directly or indirectly based on the primary sources of Islamic law, the Quran and the Sunnah.

Therefore, The methodology of usul al-fiqh also refers to methods of reasoning such as analogy (qiyas), juristic preference (istihsan), presumption of continuity (istishab) and the rules of interpretation and deduction. These are designed to serve as an aid to the correct understanding of the sources and ijtihad. In deducing the fiqhi rulings

Continue….

For instance, three main elements of Qiyas, that is Asl (original case), Hukm (ruling on asl) and the Illah (effective cause ) are based on primary sources.

To deduce the rules of fiqh from the indications

that are provided in the sources is the expressed purpose of usul al-fiqh. 

Continue….

Usul al Fiqh also discusses other main issues involving Islamic law such as the effect of custom on law or custom as a source of law, and grades of the Islamic legal provision (i.e. what is Haram, what is Maqruh; what is Farz, what is wajib and what is Mandub (recommended) and also the methods of removal of conflict (i.e. Taa'rud).

Continue…

In some books of Usul, grammar of Arabic language is also discussed at length. Of course the knowledge of Arabic language and grammar is a must for one who wants to be a Usuliuun or a jurisprudent, as to understand text of Quran and Hadis as both of them are revealed in Arabic

The main difference

The main difference between fiqh and usul al-fiqh is that the former (fiqh) is concerned with the knowledge of the detailed rules of Islamic law in its various branches, and the latter (usul al-Fiqh) with the methods that are applied in the deduction of such rules from their sources. Fiqh, in other words, is the law itself whereas usul al-fiqh is the methodology of the law.

Benefit of Study of Usul al-Fiqh

The benefits of the study of Usul al Fiqh are many. From a study of Usul, we come to know the methods of interpretations of the Quran and Sunnah, all the secondary sources of Islamic law, the views on Usul of major scholars of the past and present, the rules of Qiyas and other methods of Ijtihad, the history of development of Islamic law and legal theory.

Continue…

All these make anybody who studies Usul cautious in approach to Islamic law. He develops respect for the methodology of past masters and becomes aware of the need to follow rules in the matters of deduction of new rules of Islamic law. He then is likely to avoid careless utterance and action. Ummah can produce great mujtahid only by study of Usul in addition to other sciences.

Main Objective of UsulThe main objective of

Usul al-Fiqh is to regulate a responsible Ijtihad made by true Mujtahidin and guide them in their effort at deducing the law (Various faqhi rulings) from different sources.

OBJECTIVES OF USUL AL-FIQH Among others: To help the jurists to obtain an adequate knowledge of the

sources of shariah and of the method of juristic deduction and inference.

To guide the application of Ijma’, Qiyas, Istihsan, Masoleh al-Mursalah, Istishab etc. The knowledge of these methods will help a jurist to identify the most suitable method for obtaining a Hukum Shar’i of a particular problem.

To regulate Ijtihad or the use of personal opinion and to guide the jurist in his effort at deducing the law from its sources.

To enable the jurists to ascertain and compare the strength and weakness in an Ijtihad which is in close harmony with the Nusus.

Imam al-Shafie & Usul al-Fiqh

Muhammad bin Idris al-Shafi’i (150-204 H) is usually credited with founding the principles of Islamic Jurisprudence. His renowned work al-Risalah (The Treatise) is the first attempt ever by a Muslim jurist to write down his legal theory.

Continue…. Imam Shafii is considered to be

the father of the science of Usul al-Fiqh. This is true in the sense that the systematic treatment of the principles of Usul al Fiqh was first made by him. Before him, the jurists of course followed some principles in the deduction of law but these principles were not integrated and well written.

After Shafii, many scholars have contributed in the study of Usul, Such as : Abul Hasan al Basri (d. 436), Imam al Haramayn al Juwayni (d.487), Abu Hamid al Gazali (d.505), Fakhruddin al Razi (d. 606), Saifuddin Al Amidi, Abul Hasan Al Karkhi (d.349), Fakhruddin Al Bazdawi (d. 483), Abu Bakr Al Jassas (d. 370), Sadr Al Shariah (d. 747), Tajuddin Al Subki (d.771), and Al Shatibi and many others.

Approaches in the study of Usul

There are two main approaches developed in the study of Usul al-Fiqh, the theoretical and the deductive. The theoretical approach was developed by Imam Shafii who enacted a set of principles which should be followed in the formulation of Fiqh

Continue….. On the other hand, deductive

approach was developed by Hanafi jurists, who looked into the details of law given in the Quran and Sunnah and then derived legal rules or Usul principles.

We will discuss these approaches in near future insaAllah

Usul al-Fiqh definedAccordingly the study of usul al-fiqh is a study

of the principles, the evidences, i.e. a study of the rule, the sources of the rule, and the method of extracting the rule from these sources.

Usul al-fiqh includes the general evidences (adillah ijmaliyyah) and what they indicate, and it also includes, the situation of the one doing the deduction (mustadil) in general and not in details; i.e. (it includes) the knowledge of ijtihad (deriving rules),

Usul al-Fiqh defined and the method of istidlaal (seeking the

evidence), and the harmonising (ta`aadul) and giving preference (tarjih) between the evidences.

As for ijtihad and the prevailing between evidences(tarjih), it depends on knowing the evidences and what these evidences indicate. Therefore these two studies: the evidences, and what these evidences indicate, are the foundations of usul al-fiqh.

FIQH AND USUL AL-FIQH – Compared

Fiqh:

[Fiqh is the knowledge of the legal rules, pertaining to conduct, that have been derived from their specific evidence]

Usul al-Fiqh:[The discipline explaning a knowledge of the source and principle or method of interpretation and legal reasoning that helps the mujtahid arrive at the legal rules of conduct].

- The relationship: asl and far’

THE DIFFERENCESUSUL AL-FIQH

a) Usul means foundation or basis upon which something else is built.

b) Usul al-Fiqh is concerned with the methods, which are applied in the deduction of rules.

c) Usul al-Fiqh lays down the methods of interpretation and deduction.

FIQH

a) Fiqh is built upon Usul al-Fiqh

b) Fiqh is more concerned with the knowledge of the detailed rules of Islamic law.

c) Fiqh is the end product of Usul al-Fiqh

ACADEMIC BASIS OF USUL AL-FIQH Usul al-Fiqh is an independent discipline,

however it is based on certain fundamental presumptions which are derived from several other disciplines:

USUL AL-FIQH

SourcesOf

Islamic Law

Logic(mantiq)

Linguistics(arabic language)

Tafsir And Hadis

Ilmu Al-Fiqh

The Principles of Jurisprudence

For the study of jurisprudence, mastery of many other branches of learning are necessary as a preparation, and these consist of the following:

1. Arabic: syntax, conjugation, vocabulary, semantics, oratory as the Quran and Traditions are in Arabic, without knowing at least the usual standard of the Arabic language and literature it is not possible to benefit from the Quran and the Traditions.

2. Commentary upon the Holy Quran (tafsir). Taking into consideration the fact that the jurisprudents must use the Quran as a point of reference, some knowledge in the study of the commentaries upon the Quran is absolutely essential.

3. Logic, called mantiq in Islam. Every branch of learning in which reasoning is used stands in need of logic.

4. The study of the Traditions. The jurisprudent must have a sound knowledge of the Traditions and must be able to distinguish the different types of Traditions and they become acquainted with the language of the Traditions as a result of their frequent application.

5. The study of the Transmitters (rijal). The study of the Transmitters means knowing the identities and natures of those who have transmitted the Traditions. Later it will be explained how the Traditions existing in the sanctuary of books of Traditions cannot be accepted without examination. The study of the Transmitters is the examining and scrutiny of the men who make up the chains (isnad) of reporters of the Traditions.

6. The study of Fiqh. Ilm Al-Fiqh – To get a clear picture of the principles

and sometime used to formulate or deduce principle.