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:
- The Qur'an (kitab Allah)
- The tradition of the Prophet (Allah bless him & give him peace) - (sunnah)
- The consensus of 'Ulama (ijma')
- 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
- One is able to act upon the fiqh rulings with full insight.
- A Mufti (using these very principles) is able to reach conclusions for contemporary issues.
