Lesson 1
Introduction & Method
Table of Contents
1. A brief discussion on method
2. The purpose of Usol al-Fiqh
3. Two ways to introduce the topic
4. Compound word
5. A quick glance at the evidences
6. Popular usage
7. Detailed glance at the popular usage of Usol al-Fiqh
Purpose and Method
Purpose
1. The purpose of Usol al-Fiqh for the Mujtahid is Ijtihad
2. The Purpose of Usol al-Fiqh for the student is to understand the process by which rulings are derived
Teaching Method
1. Text based learning
2. Short rules and principles
3. Exercises and application
Example of the Process
الأمر يدل على الوجوب إلا لقرينة صارفة عنه.
“An order leads to an obligation accept in the presence of a proof that removes its.”
1. Example of the Process
Allah [the Most High] says:
“Establish the prayers.”
Based on the principle that an order leads to an obligation, how would you understand this text?
2. Example of the Process
Abu Hurairah [may Allah be pleased with him] said that the Prophet [may the peace and blessings of Allah be upon him] said, “You must not drink while standing.” Related by Muslim
Based on the principle what would be the ruling for one who drinks while standing?
Ibn Abbas relates that, “I saw the Prophet [may the peace and blessing of Allah be upon him] standing and drinking from Zam-Zam.” related by al-Bukhari
Does this report change the earlier ruling? If so, what process did you use to come to this conclusion?
Summary
The process that your arrived to your conclusion through is known as Usol al Fiqh.
Importance
Usol al-Fiqh is extremely important because it deals with the following:
1. Understanding the evidences in a general fashion
2. How to benefit from those evidences
3. Who can derive benefits from the evidences
Introducing Usol al-Fiqh
(compound word)
Usol (4 meanings)
1. Something correct
2. Principle
3. Permanent ruling
4. Evidence*
Fiqh
Means to understand
قال صلى الله عليه وسلم:
من يريد الله به خيراً يفقه في الدين
متفق عليه
“Whoever Allah intends good forو He grants him the understanding of Islam.” al-Bukhari and Muslim
Introducing Usol al-Fiqh
(compound word)
The Evidences
Qur’an
Sunna
Ijm’a
Qiyas
Istihsab
Istihsan
The sacred law of those who proceeded us
Custom
For that reason the plural form أصول [foundations] is used instead of the singular أصل [foundation].
So it is أصول الفقه not أصل الفقه
Usol al-Fiqh
popular usage
القواعد الموصلة بذاتها إلى استنباط الأحكام الشرعية عن أدلتها التفصلية
“Principles [that are used to] arrive to the drawing out of shari’ah rulings from its detailed evidences.”
Usol al-Fiqh
popular usage
Principles القواعد
*A universal rule that serves as the bed rock for an unlimited number of particulars.
Example
“And order is evidence for an obligation.”
“[You must] establish prayer.”
“[You must] pay zakah.”
“[You all must] complete the fast.”
Usol al-Fiqh
popular usage
Example
الناسخ لابد أن يعرف تأخره عن المنسوخ
*In order for a text to abrogate it must be known that it came after the text it seeks to cancel.
“Say in them is a great sin and some benefit to mankind.”
“Indeed, intoxicants are only from the handy work of Satan…..leave it perhaps you will be successful.”
“Don’t approach prayers intoxicated.”
Usol al-Fiqh
popular usage
Understanding the statement, “That are used to arrive at.”
Usol al-Fiqh is not a goal in itself, but a means to arriving at something else.
For that reason it is said that Usol al-Fiqh is from علوم الآلة, tools used to reach a goal.
The goal here is to understand the method employed, by the scholars, when deriving rulings from the
sources of law
Usol al-Fiqh
popular usage
What do we arrive to?
“Extrapolation of secondary rulings from the Qur’an, Sunna, Ijm’a, Qiyas etc.”
Secondary rulings are related to how and they are brought out by Ijtihad
When is ijtihad made?
1. Absence of a text
2. Text exists but there are legitimate differences over its meaning.
Usol al-Fiqh
popular usage
Detailed evidences
1. They form the bedrock which the scholar uses to derive rulings.
2. There is a big differences between general evidences and detailed ones.
Examples of each
Salah is an obligation (general evidence)
Saying, “In the name of Allah the Gracious, the Giver of Mercy” out loud in salah. (detailed evidence)
*Evidences must be based on sound sources
AS
Very nice work, quite beneficial it seems like you have followed the spirit of shafiperspectives and others. I was wondering if I can make a suggestion is it possible for you to differentiate between those evidences that are agree upon and those that are differed over? Also, could you highlight the difference between the usul of the majority school and that of the scholars of fiqh [the hanafi school] and also let us know if you will be using the Usul of just the Shafi school or will you be dealing with the majority? Also could you give us a little information about yourself?
May Allah [Ta'al'a] reward your efforts
forgive me if what I said sounds like a critique that is sincerly not the intention.
thanks
abul-hussein
Wa alaykum al-salam my brother,
I must say that your website is one of the BEST around. I pray that God will give you strength to deal with the innovators, deviants and those who have taken others as gods along with Allah. You’re an inspiration to us all and I love you for Allah’s sake.
To be honest this is just a very simple class designed for people who have not background what so every in the subject. It is our hope to use the book of Ibn al-Wazir as a model, except where he slides into some Zaidi ideas.
Background:
May God bless you
Cool stuff. Can’t wait to read, inshaAllah!
PS – Shouldn’t ti be Usul, instead of Usol. It sounds like u soul.
Useful blog. Jzak Allahu khair.