Understanding Usul al-Fiqh pdf download

Book Title:	Understanding Usul Al Fiqh
Book Author:	Abu Tariq Hilal, . Muhammad Imran Ashraf Usmani
Total Pages	251
Size of Book:	2 Mb
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UNDERSTANDING USUL AL-FIQH – Book Sample

Contents – UNDERSTANDING USUL AL-FIQH

Introduction to this edition 1

Introduction 2

Basic Terms in Islamic Jurisprudence 5

11 Fiqh 5
12 Usul al-Fiqh 8
13 Shari‟ah 10
14 Hukm Shara‟i 10
15 Types of Hukm Shara‟i 11
16 The Application of Shar‟iah 13

Daleel 16

21 Structure of Daleel 16
211 Riwayah 17
212 Dalalah 18
213 Sources of Hukm Shar‟i 23

Qur‟an 24

31 Revelation of the Qur‟an 26
32 Arrangement of the Qur‟an 29
33 Compilation of the Qur‟an 34
34 Open & Hidden Meaning? 42
36 The Muhkamaat (clearcut) and Mutashaabihaat (ambiguous) 42
37 Asbaab an-nuzool (Circumstances of revelation) 45
38 Abrogation (Naskh) 46

Sunnah 57

41 The Sunnah is a Definitive Source 58
42 Types of Sunnah 60
43 Basic Terms in Hadith 66
431 Types of Hadith: 66
44 Reconciling a perceived conflict between two or more Ahadith 69
45 The Application of the Sunnah 73

Ijma‟ as-Sahabah 77

51 The meaning of Ijma‟ 77
52 Examples of Ijma‟ as-Sahabah 77
53 Daleel indicating the Authority of Ijma‟ as-Sahabah 79
54 Who is a Sahabi? 81

Qiyas 83

61 The meaning of Qiyas 83
62 Daleel indicating the authority of Qiyas 84
63 The Process of Qiyas 88
64 The Arguments of those who reject Qiyas 90
65 „Illah from the Text or the Mind? 95
66 The areas of Ahkam Shari‟ah which do not contain „Illah 96
67 Types of Ahkam Shariah where an „Illah can be found 99
68 Customs and Traditions cannot be an „Illah 106
69 Difference between Manaat al-Hukm (reality of the rule) & „Illah 107

Sources of Hukm Shar‟i not agreed upon by all the Ulema 110

71 Ijma‟ al Ummah 110
72 Ijma‟ al Mujtahideen 113
73 Ijma‟ Ahlel Bayt 113
74 Ijma‟ Ahlel Medinah 115
75 Istihsan 117
751 Types of Istihsan: 117
76 Masalih Al Mursalah 119
761 Types of Masalih Al Mursalah 120
77 Laws revealed before Islam (Shar‟a man qablana) 123

Ijtihad 138

81 Evidences for Ijtihad from the Sunnah 142
82 Evidences for Ijtihad from Ijma as-Sahabah 144
83 Qualifications for performing Ijtihad 146
84 Types of Mujtahid 149
85 Reasons for differences of opinion among the Mujtahideen 150
851 Differences in the Legislative Sources 150
852 Differences in Interpreting the Text itself 152
853 Differences in Methodology of Usul al-Fiqh 152
854 Differences in Understanding the Arabic Language 152

A Brief Overview of Some Schools of Thought 157

91 Era of the Prophet (Saw) 157
92 Era of the Sahabah (ra) 159
921 Why was there difference of opinion amongst the Sahabah (ra)? 164
93 Era of the Tabi‟een 165
931 Ahlel Hadith & Ahlul Ra‟ee 165
932 Ahlel-Hadith (The People of Hadith) 166
933 Ahlel-Ra‟ee (The People of Reason) 166
94 Madhab of Imam Abu Hanifah 168
941 Students of Imam Abu Hanifa & Their Books 170
95 Madhab of Imam Malik 170
951 Books and Students from the Madhab Imam Malik 173
96 Madhab of Imam Shafi‟i 174
961 Books and Students from Imam Shafi‟i‟s Madhab 176
97 Madhab of Imam Ahmad Ibn Hanbal 177
971 Imam Ahmad and „Ilm-Ul-Kalaam 178
972 Students from the Madhab of Imam Hanbal 181
973 Ibn Taymiyyah 181
98 Madhab of Ibn Hazm 182
99 Introduction to Madhab of Imam Zayd and Imam Jafar 182
991 Madhab of Imam Zayd 187
992 Madhab of Imam Jafar 190
993 Imam Jafar and Public Life 193
994 Fiqh of Imam Jafar 193

Do We Need a New School or Madhab? 198

101 Reason for Differences of Opinion among the Mujtahideen 201

Taqleed 203

111 Daleel for performing Taqleed 203
112 Muslims must ask for Daleel 205
113 Taqleed is forbidden in the „Aqeedah (Belief) 206
114 Muqalid shifting from one Opinion to Another 207

Topics Related To Islamic Jurisprudence 210

121 Wahy (Revelation) 210
1211 Forms of Wahy 211
1212 Differences between the Revelation of Qur‟an and Sunnah 213
122 Role of „Aql 214
123 Does the Shariah Apply on Non-Muslims? 217
124 Was Prophet Muhammed (saw) a Mujtahid? 218
125 Can Fiqh be Changed? 221
126 Need for a Minority Fiqh? 223

Conclusion 228

Bibliography 231
Glossary 233

Introduction to this edition

Various books on Usul al-Fiqh are available in English, however, after reviewing them it becomes clear that most are written for academic purposes rather than for the normal reader. In this regard the excellent book was written by Abu Tariq Hilal entitled „Studies in Usul al-Fiqh‟ stands out. It was written in a clear simple style understandable to the average reader.

I have slightly restructured the book so that the definitive sources of law are discussed before those upon which there is disagreement amongst the scholars. The chapters on the Quran, Qiyas, Ijtihad, and Taqleed were brief in the original. I have added to these and in some cases rewritten sections where elaboration was required. In this age of doubt and skepticism, I felt it necessary to add some textual pieces of evidence and much-needed references for some definitions and Ahadith. To distinguish this amended version from the original a new title has been given that keeps to the simplicity of the original.

It is clear that in writing the original, Abu Tariq referred to Sheikh Taqiuddin an-Nabhani‟s (ra) masterpiece „Shaksiyyah Islamiyyah‟ (The Islamic Personality). I have done the same, as well as referring to the excellent book „Teyseer al wusool Ila al-Usul‟ (To make understanding Usul easy) by Sheikh Ata ibn Khalil Abu al-Rishta (May Allah protect him).

I would like to thank Sheikh Abu Omar al-Khazraji for his support and checking of the book, Maulana Umar Farooq Nadwi for reviewing it, Qari Fazlul Karim for helping with the Arabic as well as my wife, Shifaa for her valuable input and support. Abu Ismael al-Beirawi

1.2 Usul al-Fiqh

Usul al-Fiqh is the collection of principles pertaining to the methodology for the extraction of Fiqh. Ibn al-Hajib defined it as,

„the principles by which the mujtahid derives the legal rules of conduct from the specific evidence‟.²

The concept of Usul al-Fiqh is comparable to adhering to the methodology when conducting a scientific experiment. Similarly, adhering to the methodology in deriving Fiqh (rulings) is referred to as Usul al-Fiqh. This methodology provides a way for a person to derive Islamic rulings from the legislative sources in Islam.

The collections of principles related to Usul al-Fiqh are many. A few examples of these rules are discussed in the following section.

A. Legislative Sources:

9 Understanding Usul al-Fiqh

Adopting specific sources to derive laws is a major subject in Usul al-Fiqh. The Quran, Sunnah, Ijma‟ as-Sahabah (consensus of the companions), and Qiyas (analogical deduction) are four sources in Islam, which are accepted by almost all scholars. However, there are other additional sources such as Maslahah al Mursalah (public interests) or Ijma‟ al-Ummah (consensus of the Ummah), which are not widely accepted.

B. Arabic Language:

Within the Arabic language, there are rules for understanding the structure of an Ayah or a Hadith. The rules of grammar in the Arabic language define the meaning of the Ayah or Hadith. Therefore, understanding the rules of grammar and their application is one use of the Arabic language in Usul al-Fiqh.

C. Interpreting the text of Qur‟an and Sunnah:

Unless the text of the Quran and Sunnah is correctly understood, no ruling can be deduced from it. The linguistic structure of the text in Qur‟ and Sunnah varies from one style to another. Some examples of these linguistic styles are Dhanni (speculative text), Qata‟i (definitive text), „Aam (general text), Khass (specific text), Haqiqi (literal text), and Majaazi (metaphorical text). The rules to distinguish and differentiate between these styles are an important subject in Usul al-Fiqh.

Another essential aspect involved in interpreting the text of the Quran and Sunnah are issues surrounding the abrogation of rulings from the Quran and Sunnah. The study of abrogation involves issues such as, what constitutes abrogation, how to understand it in relation to other Ayahs or Ahadith, and how to reconcile these differences.

Some Muslims claim there is no need for Usul al-Fiqh, thinking one can directly go to the text of the Quran and Sunnah and derive laws. Such a claim really illustrates ignorance in understanding

Understanding Usul al-Fiqh 10

Islam. It is impossible to derive laws without being equipped with the necessary tools. These tools enable us to understand the text of the Qur‟an and Sunnah, and without understanding the text; one would not be able to extract laws.

As an example, without being aware of the rules of Arabic grammar for interpreting the text of Qur‟an and Sunnah, one would not be able to differentiate whether the command in the Ayah or Hadith for a certain action is Haram (forbidden) or Makruh (undesirable). Therefore, Usul al-Fiqh is a definite prerequisite to derive rulings.

Since rulings are derived based on Usul al-Fiqh, a variation in Usul al-Fiqh may result in different rulings. This is one of the reasons that there might exist more than one ruling on some issues.

The end product of Usul al-Fiqh is Shari‟ah (or Fiqh). The difference between Usul al-Fiqh and Shari‟ah is that the latter is concerned with the rulings related to our actions, and Usul al-Fiqh is concerned with the methodology applied to deduce such rulings.

Shari‟ah

The linguistic meaning of the word Shari‟ah is a non-exhaustive source of water with which people satisfy their thirst. Thus, the linguistic significance of Shari‟ah is that the Islamic laws are effectively a source of guidance. As water is the fundamental basis of life, Islamic laws are an essential source for guiding human life.

Shari‟ah is composed of all the laws derived from the legislative sources of Islam. These laws are not just limited to areas covering marriage or divorce; rather, the Islamic laws cover every action performed by an individual or a society. The term Shari‟ah is also a synonym for Fiqh.

Hukm Shara‟i

11 Understanding Usul al-Fiqh

The text of both the Quran and Sunnah address many topics such as, stories of previous nations, the Day of Judgment, and others. However, the text, which specifically addresses our actions of what to do or what not to do, is referred to as Hukm Shar‟i.

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