1- From the perspective of the meaning of the word

From the perspective of the meaning of the word in the Qur'an there are 4 groups:

1. The specific, and this is divided into:
• The imperative
• The prohibition
• The unqualified
• The qualified
2. The general
3. The homonym
4. The interpreted

The First Source: Kitab Allah

Kitab Allah

لغتا : هو القراءة أو مقروء
اصطلاحا: هو القرآن المنزل علي رسول الله، المكتوب في دفات المصاحف، المنقول إلينا علي الأحرف السبعة المشهورة نقلا متواترا

Literal Definition: Recitation

Conventionally Agreed Definition:

The revealed Qur'an upon the Messenger of Allah, written in the mushafs, transmitted to us in the seven mashur recitations, in large numbers (mutawatir chains).

Note: In the Qur’an there are 500 verses of rulings (ahkaam). The words of the Qur’an are classified into 5 groups: under each classification are five types therefore the total number of types are twenty.



The five divisons of the wording of kitab Allah

1- From the perspective of the meaning of the word

2- Perspective of the usage of the word (using the primary or secondary meaning)

3- Perspective of clarity of the word

4- Perspective of the ambiguity of the word

5- Perspective of the indication of the word upon a meaning

The Indication of the Sources

The primary sources can be looked at from two perspectives

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

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


The Indications of the text of the Sources of Legislation

Classification of the Quran & Hadith in terms of their indication/denotation:

• Qat'i al-dalalah: ~80% of Quran & all Ahadith i.e. the texts that are unambiguous/ unequivocal/express/explicit in the manner they relay their meanings. No ijtihad is required in detrmining their meanings.
• Dhanni al-dalalah:~20% of Quran & All Ahadith i.e. those texts that are ambiguous/ equivocal in the way they relay their meanings. Ijtihad is required in determining their meaning and differences in opinion may occur.

Note: Qat'i means definitive and dhanni means speculative/probabalistic.

The Four types of Texts

We may conclude that there are 4 types of texts (in relation to the establishment and indictaion):

1. Qat'i al-thuboot, Qat'i al-alalah: ~80% of Quran & Mutawatir Ahadith
2. Qat'i al-thuboot, Dhanny al-dalalah: ~20% of Quran & Mutawatir Ahadith
3. Dhanny al-thuboot, Qat'i al-dalalah: ~80% of Mashur & Khabar wahid Ahadith
4. Dhanny ut thuboot, Dhani al-dalalah: ~20% of Mashur & Khabar Wahid Ahadith

1 - Qat'i al-thuboot, Qati al-dalalah

Issues related to Aqeedah without which a person cannot be a believer must be
proven through this type of text e.g. belief in Allah, Angels, books, Prophets,
Pre-destiny, Afterlife etc.

Acts that are proven through the this type of text are classified as
fardh (obligatory),unless proven otherwise. Its denier will not be a
believer.

Examples of this type:salah, zakah, hajj, sawm.

Prohibitions that are proven through this type of text are classified as
Haram (prohibited) and major sins, unless proven otherwise. Its denier
will not remain a believer.

Examples: robbery, lying, backbiting, adultery, drinking wine etc.

2 - Qat'i al-thuboot, Dhanni al-dalalah

Issues related to Aqidah proven through this type will not render its denier
a non-muslim, but will be termed as deviant.

Acts proven through this type are usually categorized as wajib, unless proven
otherwise. Its denier will not become a non-Muslim, but will be termed as
deviant.

Prohibitions proven through this type usually are categorized as Makruh
Tahriman unless proven otherwise. Its denier will not become a non-Muslim, but
will be termed as deviant.

3 - Dhanni al-thuboot, Qat'i al-dalalah

Issues related to Aqidah (beliefs) proven through this type will not render
its denier a non-muslim.

Acts proven through this type are usually termed as Sunna Mua’akkadah if
consistently done by the Prophet (Allah bless him & give him peace). If accompanied by a warning against not doing it, then wajib. If it was not done consistently or
was not emphasized, then such as act is classified sunnah ghair muakkadah.

Prohibitions proven through this type if accompanied by warnings, then makruh
tahriman, otherwise makruh tanzihi.

4 - Dhanni al-thuboot, Dhanni al-dalalah

Acts proven through this type are usually subject to vast differences of opinions, therefore their rulings are lighter and more flexible.

Prohibitions proven through this type are usually makruh tanzihi.

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

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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.