Lecture Notes 1, Usul Fiqh

Copyright@2008 GT20302/Mohd Zulkifli Muhammad

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GT20302Introduction to USUL

FIQH

Copyright@2008 GT20302/Mohd Zulkifli

Muhammad


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Contents1) The Shariah2) The Components of Shariah3) The Distinction between Shariah & Fiqh4) Fiqh Rulings (Al-Ahkam)5) Usul Fiqh• Definition of Usul Fiqh• The differences between Fiqh and Usul Fiqh• The principal objective of Usul Fiqh• The purpose of Usul Fiqh• The importance of Usul Fiqh

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The Shariah

• The Shariah: derived from the root of shin ra’ayn- the road to the watering place, the straight path to be followed.

• Dalil: Then We have put you (O Muhammad s.a.w) on a plain way (Shariah) of (Our) commandment. So follow you that (Islamic Monotheism and its laws), and follow not the desires of those who know not. (Al-Jathiah:18)

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The Shariah

• Istilah: 1) the canon law of Islam, all the different commandments of Allah to mankind. (al-Qurtubi)

• 2) the injunction revealed to the Prophet’s of Allah related to law or belief. (al-Zahawi)

• 3) following strictly the injunctions of Allah or the way of Islam. (Ali bin Muhammad bin Ali al-Jurjani)

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Components of Shariah

ShariahTawhid/Aqidah(Belief in

Oneness of Allah)

Akhlaq(Code of Conduct for an

Islamic Way of Life)

Fiqh(Guideline/Rule on the Practices of

Muslims)


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Tawhid/Aqidah

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• Tawhid implies that all resources for economic use are Amanah (Trust) to man, who must utilize them according to the will of the Creator.

• Man is responsible and will be held accountable for any misuse of these resources. It thus, follows that these resources are means to attain falah. (Quran, 28:77).

• Tawhid has also implication in Akhirah.


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Akhlaq

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• Is an innate quality fitra, such as honesty, kindness, sincerity, etc.

• Can be enhanced through: Tazkiyyah al-Nafs (Purification) and Tahliyyah al-Nafs (Beautification).

• Requires consistency.

• Is an important aspects of corporate culture and image, hence requires proper training.


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(Al-Munakahat)Rulings related

to Islamic family life

(Al-Muamalat)Rulings related to

economic transaction

(Al-Ibadat)Rulings related to

acts of worshipping

(Al-Jinayat)Rulings related to

crimes

DISCIPLINES UNDERFIQH


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S: various degrees of approval&

disapprovalF: either legal or

not

S: based on revelations- Quran &

SunnahF: stressed on

reasoning

S: fix & unchangeable F: changes according to

circumstances

S: body of revealed injunctions- found in Quran & Sunnah- 3

componentF: one component of

Shariah

S: wider circle-include all human

actionsF: human acts-

legality & illegality

The Distinction between Shariah & Fiqh


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Mubah

Makruh

Fard or Wajib

Haram

Sunnah

Fiqh Rulings(Al-Ahkam)


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1) Fard/Wajib/Compulsory/Obligatory- refers to absolute command which is supported by decisive proof, disobedience to it without any legal excuse is a sin and its denial amounts to disbelief- 2 kinds=

a)‘Ayn

b) Kifayah

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2) Sunnah/Recommended Acts- refers to deeds that are recommended to be undertaken by the Muslim- 2 kinds=

a) Sunnah Mu’akkadah- highly recommended

b) Sunnah ghayr Mu’akkadah- recommended

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3) Haram/Prohibited/Unlawful- prohibited by a decisive evidence (adillah qat’iyyah) from the Quran and Sunnah.

• If commit- punishable and its omission is rewarded.

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4) Makruh/Abominable/Undesirable- the act whose omission is preferable and highly commanded- 2 kinds=

a) Tanzihi- lesser undesirable, nearer to permissible

b) Tahrimi- nearer to haram

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5) Mubah/Jaiz/Halal/Permissible/Indifferent- an act whose both commissions and omissions neither merits any reward nor entails any punishment.

• No Shariah injunctions are attached to it.

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Usul Fiqh

• Scholars of Islamic Law divide the science of Fiqh into 2 main divisions-

a) Usul- the roots or foundations

b) Furu’- the branches of the law

• The science of usul deals with the methods by which the rules of Fiqh are deduced from their sources. How about the science of Furu’?

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Usul Fiqh

• The science of Furu’ deals with particular injunctions (ahkam) are the results of the science of usul.

• Usul Fiqh: the roots of Islamic law- expound the indications and methods by which the rules of fiqh are deduced from their sources- Quran and Sunnah.

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Usul Fiqh

• Usul Fiqh: is the science of the source and methodology of the law.

• These indications are found mainly in the Quran and Sunnah (primary sources).

• Quran and Sunnah contain very little of methodology- but provide the indications from which the rules of Shariah can be deduced.

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Usul Fiqh

• Its methodology refers to the methods of ijtihad (methods of reasoning) such as qiyas (analogy), istihsan (juristic preference), istislah (public interest), istishab (presumption of continuity ), ‘urf (customary practice), ‘amal ahl al-Madinah (practice of al-Madinah people), sadd al-dhara’I (blocking the means to evil) and the rules of interpretation and deduction.

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Usul Fiqh

• The main difference: -

• Fiqh: the knowledge of the detailed rules of Islamic law in its various branches/ as a law by itself/ ex: language.

• Usul Fiqh: the methods that are applied in the deduction of such rules from their sources/ methodology of the law/ ex: grammar.

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Usul Fiqh• The relationship: usul fiqh provides standard

criteria for the correct deduction of the rules of fiqh from the sources of Shariah.

• Faqih: a person who knows not only the rules of fiqh but also the detailed evidence in the sources.

• Usul Fiqh gives an attention to distinguish a speculative text from the definitive, the manifest from the explicit, the general from the specific, the literal from the metaphorical and how to understand the implications of a given text.

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Usul Fiqh

• The principal objective of Usul Fiqh: to regulate Ijtihad and to guide the jurist in his effort at deducing the law from its sources.

• The purpose of Usul Fiqh: is to help the jurist to obtain an adequate knowledge of the sources of Shariah and of the methods of juristic deduction and inference.

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Usul Fiqh

• The importance of Usul Fiqh is irrefutable as it examines:

a) the sources of Islamic Law

b) the methods that must be used to deduce the rules

c) the person who is legally qualified and equipped to deduce these laws.

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Usul Fiqh

• Ibn Khaldun (d. 808AH/1406CE)= “(It is) one of the greatest sciences of the Shariah, the most powerful and beneficial science.”

• Fakhr al-Din al-Razi (d. 606AH/1209CE) also stressed the importance of Usul Fiqh in his work Al-Mahsul when he said= “That it is the most importance science for the Mujtahid.”

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Take Home Test

• Briefly, explain the history and the development of Usul Fiqh.

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Thank you very much for your

attention

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Best wishes to you in your endeavours and may God bless you.

Documents

Lecture Notes 1, Usul Fiqh