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