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USUL FIQH 1

(PAGE 7-12)

NAME: MOHAMMAD HIDIR

BAHARUDIN

MATRIC NO: XXXXXXX

LECTURER’S NAME: DR. ZAID

MOHAMMAD

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Introduction of new printing

In the name of Allah the Most Merciful, Most Merciful

Praise to the Lord of the Worlds, peace and greetings for the great beloved Prophet

Muhammad p.b.u.h, his family and his companions as well.

This is the first release of a new printing of my book 'Summary of Principles of

Jurisprudence'. In this publication, I had added a new chapter entitled ‘Dispute on the Islamic

Sharia' which relate to the chapter taqlid and chapter ijtihad. With this addition, it became the

title of the fourth chapter of my book which reads as:

Chapter four:

Ijtihad, taqlid, and dispute in Islamic Sharia.

The first chapter for ijtihad, the second chapter for taqlid, and the third chapter for the

dipute.

Peace and greetings for the great beloved Prophet Muhammad p.b.u.h, his family and

companions.

.

All praise and gratitude for the Lord of the Worlds.

Abdul Karim Zaidan

Writer

Published on 11/10/2004

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Introduction of first printing

In the name of Allah the Most Merciful, Most Merciful

Praise to the Lord of the Worlds, peace and greetings for the great beloved Prophet

Muhammad p.b.u.h, his family and companions as well.

Islamic Sharia jurists truly blessed by Allah and they have created to us the knowledge

that is a huge benefit and no kind of all other nations, whether from the past or at present can

make such it which is the science of usul fiqh. As for the purpose of this invention and make it

clear, explaining its science, its branches and its meaning just because for Muslims to understand

al-Quran and As-Sunnah of the Prophet and to take legal rules and certified resources in line

with the methods and means of knowledge of the motion of fiqh. Before this two years I had

wrote this lecture for forth years students in Kuliyyah Law at Baghdad University. I have put all

of these in the book called 'Summary of Principles of Jurisprudence'. I was found in the previous

book of what a useful in corrective, supplementary lessons, decrease, addition and examples.

This is because in situation when people write they will not stop from writing something on that

day unless he or she will feel the shortage the next day. This is a huge amount of human

weakness, and only God Almighty who has perfect but most people do not know.

In addition that I feel should be in print before are the examples of legal jurisprudence of

hukum wad'i for the method proposed in connection with the interpretation of verses of the

Quran. This is because the method usuliyyah used as a benchmark to understand the Arabic

words and the accuracy of exegesis as well as knowledge of what is required of him as long as

the law was written in Arabic. It is the interest that require in the interpretation of the rules as we

will explain later.

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Finally, I hope that my work that is not how will delight our students to understand what

is required of the debate on this knowledge. I hope Allah will give me and them to work for

Syariah and to improve religion of Allah. Verily Allah heard the prayer and accepts it.

Baghdad on 9 Syawal 1396 H

22 October 1976 M

Writer

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Preliminary

1. Shariah law is taken from sources which are accepted by Islamic law and is not of

lust or the way that we want. But of a certain resolution determined by the mujtahid,

and provide guidance and rules in ways that must be followed to make ijtihad is

accepted and brought to the proper law of which we can follow.

2. Knowledge that gives meaning to investigate the sources of law with its arguments

and its position on istidlal. Besides that, it gives meaning to the terms of a

proposition, and laid out the legal guidelines and issue specific rules from those used

by the mujtahid when someone wants to know the laws from adillah at-tafsiliyah and

that is usul fiqh. Thus this knowledge as said by al-Allamah Ibn Khaldun: is the

biggest Islamic sciences and the most widely used and the most benefit.1

3. The real usul fiqh not excluded from what we explained, but al-usulliyyun explain the

definition and terminology based on luqban and isman of the special knowledge of

Islamic sciences and to give definition to the description of its meaning based on

murakkaban idofian that was built from the word 'usul' as 'mudhof' and 'al-fiqh' as

‘mudhofun ialih’.

The truth is: This method helps beginner students to find definition through the term

used by experts in this field and not to trouble them when referring to the scriptures.

This is our legacy to them is almost exactly in this syllabus. We give the definition of

'usul fiqh' guided 'murakkaban idhofiah' and then followed up with a definition based

on 'luqban' of specific knowledge that we will learn it.

1 ‘Muqaddimah Ibnu Khaldun’-page 452.

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4. Definition of 'usul fiqh' guided 'murakkaban idhofiah'

The definition based on this term should be divided into juziyyah: usul, fiqh.

Usul: the plural of 'asal'. In terms of language: What is built on others either hissian or

aqlian. On the definition of scholars and how to use them, the word 'al-asal " give some

meanings:2

a) Ad-dalil: The original problem is said to be al-ijma’. In this meaning, ad-dalil was al-

ijma’. With this meaning it is said that usul fiqh is ad-dalil as al-fiqh constructed from

adillah aqliah.

b) Ar-rajih: For example they say the origin for al-kalam is ar-rajih. Ar-rajih in al-kalam is

brought to the fact that not majaz. They say again: al-Quran is the original attributed to

al-Qias. Ar-rajih is al-Qurtan.

c) Al-qaedah: it is said: the dead are required for their original emergency law that is

contrary to the general rule and they said again: the original al-fael is marfu' that is the

general rule that continues raf'u al-fael, and raf’u al-fael from qawaid an-nahu.

d) Al-mustashab: It is said the original is to escape from the responsibility that is istishab is

free of all responsibility to concern them except with a scythe thing to the contrary.

As for (al-fiqh) in terms of language: the science of things and understand them, but its

use in the al-Quran shows that the desired meaning is not merely knowledge but understanding,

and knowledge of the fine and see where people are talking.

Allah said: (They said: "O Shu` aib! Much of what Thou sayest we do not understand!) Hud-

91.

2 Al-Isnawi- in ‘Nihayah As-Sul Syarah Manhaj Al-Usul’-page 7, “At-Toif Al-Isyarat’ of Syekh Abdul Hamid bin

Muhammad Ali Quds on tashil at-turqat li nizom al-waraqat-page 8.

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Allah said: (But what has come to these people, that they fail to understand a single fact?) An-

Nisa’-78.

As for al-fiqh in terms of scholars: The science of Islamic laws derived from the practical

adillah tafsiliyah3 or the law itself.

Al-ahkam: Plural hukm, and the law is convicted of instructions to another, whether

positive or negative. For example: The sun rising or not rising, the water hot or not hot.

The required to al-ahkam here is: What is convicted of acts mukallaf either mandatory or

recommended or forbidden or disapproved or authentic or façade or invalid.4

The legal requirement is not to know all the science of Syariah to use the word al-fiqh.

Knowledge of fiqh is named as a part and of all is called al-fiqh. Faqihin is an expert named as

long as he is capable of producing legal.

Had specific al-ahkam as Sharia as evidence shows that it depends on which Islamic law

is taken from the principle or intermediate. It is not included in the definition of al-Ahkam al-

aqliyah example knowledge that kulli is greater than juz'i, one is a half of two and this nature is a

new thing. It does not include the ahkamu hissiyah known by the senses, and as we know that the

fire was burning. It does not include ahkamu by way of al-tajrubah like to know that the poison

killed. It does not include ahkamu wad'iah as 'kana waakhwatiha' is rafaq mubtada’ and nasab

khabar.

3 Al-Baidhowi on ‘Manhaj al-Usul’-page 22, and Al-Ihkam fi Usul al-Ahkam lil Aamadi chapter 1 page 7, Irsyadu

al-Fuhul lil Syaukani-page 3, li Thoifu al-Isyaratu-page 8. 4 ‘Li Thoifu al-Isyaratu’-page 8, Mabahisu al-hukm li ustazina Muhammad Salam Madkur-page 5.

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Sharia law is required in order practical connection with the acts of mukallaf such as

prayer, trading, drinking and crime that is any of the religious and social, and not including any

relating to the belief that the law iqtiqadiyah as believe in Allah and the Day of Judgement and

do not include anything related to the moral law as resolved aqlaqiah is telling the truth and the

greed of cheating. This is not included in the science of al-fiqh, but science iqtiqadiyah including

in ilmu kalam or tauhid, the science of aqlaqiah including in ilmu tasawwuf or akhlak.

Sharia law required that this practice is taken from muktasabah postulates by means of

observation and take proposition.

As a consequence of these conditions is, indeed knowledge of God, the Prophet, and the

public against the law not included in the term fiqh and not as a man named faqihan. Allah is the

essence of science and knows the science of law and evidence. The Prophet’s knowledge derived

from revelation and public reasoning taken by taqlid and not by way of ijtihad.5

Adillah tafsiliyah: is adillah juz’iyah associated with each specific problem and based on

certain laws which are;

i. Allah said: (Prohibited to you [for marriage] are your Mothers) An-Nisa’-23.

This is proof of dalil tafsili that is dalil juz’i related to special problem of married

mothers who show a particular law that is illegal to marry your mothers.

ii. Allah said: (Nor come nigh to adultery: for it is a shameful (deed) and an evil, opening

the road (o other evils). Al-Isra’–32.

5 In conclusion here: If a muqlid know al-ahkamu asy-syariah with it dalil totally, still not known as faqihan. This is

because, according to al-usulliyyin: Those who have a capability of istinbab al-ahkam and reach from its dalil, either

he perform his ijtihad and istinbab al-ahkam, or he not performs his ijtihad or istinbab al-ahkam. So, al-faqih is who

make al-fiqh as his nature, which is a mujtahid. But there is a change in this meaning. The word al-fiqh covers on

fiqh problem either reaches by person from observation, from understanding of wording al-mujtahidin, or from al-

taqlid. For those who can solve the problem by using this method will known as faqihan. This is a new meaning

spread among ahli fiqh but not al-usuliyyin. (Muzakkaratu fi Tarikh al-Fiqh) from Syaikhuna Farju al-Sanahwari-

page 4.

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is dalil juz’i for the particular problem of adultery and showed him that a certain law of

adultery illegal.

iii. Allah said: (Against them make ready your strength to the utmost of your power,

including steeds of war). Al-Anfal-60.

is dalil juz’i or fcertain problems related to the power supply through the congregation

and shows of the special law must prepare a congregation for strength against the enemy.

iv. Prophet s.a.w. said: (Accidental sizes). Is dalil juz’i for special problems relating to the

intentional murder and showed qisas is a compulsory law.

v. Consensus that the legacy of ancestors is 1 / 6 is dalil juzi for a specific problem that is

showing its legal heritage of grandmother and the shows that it is required to provide for

grandmother 1/6.

So adillah tafsiliah is: the show of law for each problem and issue of debate al-faqih to

know the law for the next issue. It depends on ilmu al-Usul that the proposal has been outlined in

the rules of istinbad and manhaj istidlal. Al-Usuli did not debate in this adillah, but they are

debating in adillah ijmaliah that is kulliah to know what is in hukum kuliah to be used by al-

faqih to adillah juziyyah until know syariah law.