Introduction cont

The Two Methodologies

When it comes to usul al-fiqh there are two main approaches:

1. al-manhaj al-hanafiyyah also known as al-manhaj al-fuqaha - this approach was the deductive approach
2. al-manhaj al-shafi'iyyah also known as al-manhaj al-mutakallimin - this was the theoretical approach

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The al- adillah al-shar'iyyah

The sources of the shari'ah, whereby rulings (ahkam) are extracted are called al-adillah al-shar'iyyah. The sources of the shari'ah are extremely important to Islam, as this is where all the Islamic rules and regulations are derived from, without which there would be no rulings.

Dalil:

• Literally refers to a indication and evidence.
• Technically a dalil is an indication that leads to a ruling in shari'ah.

There are four agreed upon sources:

1. Kitab Allah - The book of Allah
2. Sunnah al-rasul - The tradition of the Messenger (Allah bless him & give him peace)
3. Ijma' - Consensus of the specialist 'ulama
4. Qiyas - legal reasoning/analogy

Introduction to Usul al-Fiqh

The Definition

• Literal Definition: Principles of Islamic law

• Conventionally Agreed Definition:

هو العلم بالقواعد الكلية التي يتوصل بها الي استنباط (استخراج المسائل) المسا ئلة الفقهية عن دلائلها

It is the knowledge of general principles by which one can attain a level of deriving laws from it’s sources.

M H Kamali states in his book on the topic:

' 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.'

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The difference between the term Fiqh and Usul al-Fiqh

Fiqh means knowing what a person must do and refrain from, i.e. the actual rules and regulations, the do's and the don't are termed as 'fiqh'. Whereas, usul al-fiqh is a termed to refer to a set of principles which lead to the deduction of Islamic law.

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The subject matter of Usul al-Fiqh

There are four agreed upon sources and proofs in shari'ah:

1. The Qur'an (kitab Allah)
2. The tradition of the Prophet (Allah bless him & give him peace) - (sunnah)
3. The consensus of 'Ulama (ijma')
4. Analogy/legal reasoning (qiyas)

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The objective of Usul al-fiqh

الغاية من علم اصول الفقه : الوصل الي استنباط الاحكام من الادلة الاربعة

The objective of this science is for a jurist to be capable of extracting the rulings from the four primary sources.

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The benefit of studying Usul al-Fiqh

1. One is able to act upon the fiqh rulings with full insight.
2. A Mufti (using these very principles) is able to reach conclusions for contemporary issues.