The establishment of the sources

The two primary sources can be looked at from two perspectives

1. The establishment of the text (nas) itself - referred to in Arabic as thubut
2. The indication of the text (nas) - referred to as dalalah in Arabic

The following adapted notes (courtesy of Da'wah Academy) elucidate the above well:

The Establishment of the Sources of Legislation

Legislation primarily depends on two forms of Divine revelation Wahi:

1. Recited revelation Wahi Matlu; or the Qur'an with its absolute inimitability - I'jaz
2. Non-recited revelation Wahi Ghayr Matlu;or the Sunnah of the Prophet (Allah bless him & give him peace).

The Holy Quran

• The words of Allah Almighty revealed to the Prophet peace be upon him through Jibreel alaihis salam,
• The only book guaranteed divine protection,
• The recitation of which itself constitutes an act of worship,
• Every letter of which has been transmitted to us via an indisputably authentic (Qat’i) chain of authority Tawatur;

Therefore the entire Qur'an is qati' al-thubut (definitive in the establishing the reliability of the wording)

The Sunnah

This includes everything, other than the Qur'an, which has been transmitted from the Prophet (Allah bless him & give him peace); what he said, did, and his tacit approval.

The ahâdîth (sing. Hadith), with regard to their linkage to us throughout the eras, are divided into three major kinds:

1. Mutawatir
2. Mash’hoor
3. Khabar Al-Wahid

1. Mutawatir -

A hadith narrated through tawatur i.e. in each era, from the days of the Holy Prophet (Allah bless him & give him peace) up to this day, meaning the Hadith was narrated by such a large number of narrators that it is impossible to reasonably accept that all of them have colluded to tell a lie.

This kind of Hadith provides utmost conviction, and is thus qat’i ut thuboot قطعي الثبوت (definitive in its affirmation and reliability)

This kind is further classified into three categories:
(a)Mutawatir in words
(b)Mutawatir in meaning
(c) Mutawatir in practice

2. Mash’hoor -

A Hadith that was not mutawatir in the generation of the Companions (the first generation), but became mutawatir immediately after them.

Such a Hadith falls under the category of dhanny ut thuboot ظنى الثبوت (semi definitive
in its affirmation and linkage)

3 .Khabar Al-Wahid-

A hadith whose narrators have been less than three in all three generations i.e. the generation of the Sahaba, the Tabi’un and Atba' Tabi’een.

The authenticity of this kind depends on the veracity of its narrators. If the narrator is trustworthy in all respects, the report given by him can be accepted, but if a single reporter is believed to be doubtful, the entire report subsequently remains doubtful.

Such a Hadith falls under the category of dhanny ut thuboot ظنى الثبوت (semi definitive
in its affirmation and linkage)

Summary:

In terms of the establishment of the wording of the two primary sources of shari'ah we come to know:

1. The Qur'an and Mutawatir hadith is qati al-thubut
2. The Mashur and Khabr al-wahid hadith is dhanny al-thubut

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

---------------------------------

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