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Jump to Jump to content. Fiqh, the term for Islamic jurisprudence, is a process by means of which jurists derive sets of guidelenes, rules and regulations from the rulings laid down in the Qur'an and the teachings and living example of the Prophet Muhammad pbuhthe Sunnah.

Over the centuries, these have been formulated and elaborated upon by successive generations of learned jurists, through interpretation, analogy, consensus and disciplined research. Islamic jurisprudence may be defined as a process by means of which jurists derive sets guidelines, rules and regulations the Shari'ah from the principles of the Qur'an and the Sunnah.

While the principles of the Qur'an and the Sunnah are permanent, it is the nature of Islamic jurisprudence to facilitate for human beings the application of those principles to their activities and dealings. The universality and permanence of Islam as a civilisation are intrinsically linked to the fact that the Qur'an and the Sunnah have introduced general principles and guidelines.

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These give Muslims the opportunity to develop practical solutions in order to regulate their continuous changing environment. Besides the Qur'an and the Sunnah, the sources of law in Islam are qiyas analogyijma' consensus and ijtihad disciplined, academic research. Early shariah had a much more flexible character, and many modern Muslim scholars believe that it should be renewed, and that the classical jurists should lose special status. This would require formulating a new fiqh suitable for the modern world, e.

Basic Terms in Fiqh [Islamic Jurisprudence]. As a juristic term, Fiqh has two meanings:. Having the knowledge of the rulings of Shariah Islamic Law which are extracted from the legislative sources. As an example, a Faqih would know the ruling for the issue of abortion; in addition, he would know how and from where this ruling was extracted.

The concept of Usul al Fiqh is comparable to adhering to a methodology when conducting a scientific experiment. Similarly, adhering to a 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 collection of principles related to Usul al Fiqh is many:. Legislative Sources: Adopting specific sources to derive laws is a major subject in Usul al Fiqh. The Quran, Sunnah, Ijma as Sahabah consensus of the companionsand Qiyas analogical deduction are four sources in Islam, which are accepted by almost all of the scholars.

However, there are other additional sources such as Maslaha al Mursalah benefit or Ijma al Ummah consensus of the Ummahwhich are not widely accepted. Arabic Language: Within the Arabic language, there are rules for understanding the structure of an Ayah or 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.

Interpreting the text of Quran 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 Quran and Sunnah varies from one style to another. Some examples of these linguistic styles are: Thanniy speculative textQatai definitive textAmm general textKhass specific textHaqiqi literal textand Majaazi metaphorical text.

The rules to distinguish and differentiate between these styles is an important subject in Usul al Fiqh. Another essential aspect involved in interpreting the text of the Quran and Sunnah are issues surrounding 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 the ignorance in understanding Islam.

It is impossible to derive laws without being equipped with the necessary tools. These tools enable us to understand the text of the Quran 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 Quran 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.

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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 Shariah or Fiqh. The difference between Usul al Fiqh and Shariah 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. Thus, the linguistic ificance of Shariah is that the Islamic laws are effectively a source of guidance.

As water is the fundamental basis for life, the Islamic laws are an essential source for guiding human life. Shariah 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 Shariah is also a synonym for Fiqh. The Application of Shariah is not only limited to areas covering divorce or marriage. In addition, to the method for applying these rules, implementing any rule requires having the knowledge of the situation, the rule, and the method. As an example, there is a general principal in Islam that a thief's hand should be cut off.

However, if the individual steals food while hungry, then this general principal is not applied in this particular situation. Consequently, the knowledge of how and when to apply a rule is obligatory. A misapplication of the Shariah is applying the Islamic laws related to Hudud punishment while at the same time implementing an economic system based on capitalism.

Islamic laws related to punishment were revealed to protect the society in which Islam is being applied. The implementation of the Islamic rules related to the economy necessitates the implementation of the rules of Zakah, Nafaqah, and Al-Jizyah, which in turn means the implementation of the economic system. The execution of the economic system requires the implementation of the Ibadaah, social system, rules related to the People of the Book, Islamic foreign policy, and rules related to the Khalifah all together.

The Islamic system is inter-connected; one part helps the implementation of the other part. However, the text which specifically addresses our actions of what to do or what not to do is referred to as Hukm Sharii.

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The term Hukm Sharii, in Arabic, means the address of the Legislator related to our actions. Types of Hukm Sharii Not all commands in the legislative sources are Fard compulsory or Haram prohibited. The rules which are used to differentiate the types of Hukm Sharii are again related to Usul al Fiqh.

In reality, the Hukm Sharii can be understood in five general ways. Fard compulsory : If the request to do an action is decisive Talab Jazim then it is a Fard or Wajib; both have the same meaning. B Haram prohibited : If the instruction is connected with a decisive command of refraining from an action then it is Haram. Mandub, Sunnah or Nafilah recommended : If the instruction to do an action is not firm, then it is considered Mandub, The one who performs it is praised and rewarded; however, the one who abstains from it is neither blamed nor punished.

Makruh disliked : If the instruction of refraining from an action is not firm, then it is considered Makruh. The one who abstains is praised and rewarded while the one who does it is neither punished nor blamed. Mubah permissible : If the choice to do or not to do an action is left up to the person, then the action is called Mubah. One will neither be rewarded nor punished for an action falling under this category.

Allah swt says: We have sent you not but as a mercy for all creatures. These Ayah are very clear that the Prophet saaw was sent for the whole of humanity and not just for the Muslims. Thus, the non-Muslims were subjected to the same Islamic System of ruling, economics, punishments, and judicial processes as Muslims were without any discrimination. However, the performance of prayer, fasting, etc. Finally, based on Islam, the Non-Muslims are allowed to practice their own religion, marital, and divorce affairs according to their beliefs. Furthermore, they are treated in the matters of food and clothing according to their religion, within the rules of the Shariah.

As a term, Daleel means the source or evidence for a thought, concept, or a ruling. Any law or ruling must have a Daleel, which can be from Quran, Sunnah, or a source, which Quran and Sunnah directed us to adopt.

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A Daleel is an evidence for an opinion, concept, ruling, or a thought from Islam. There are two aspects related to any Daleel, Riwayah reportage and Dalalah meaning. The Riwayah covers issues related to how the information was relayed to us, which includes the and the integrity of reporters. The Dalalah is related to the meaning of the text in the Daleel.

The Qatai in Riwayah implies that the evidence is authentic without any shadow of doubt. If the text of Quran, Hadith Mutawatir or Hadith Ahad is clear, specific, and has only one meaning, then it is considered Qatai. The text of a Qatai Daleel has to have only one meaning and cannot be open to any other interpretation. The rules of Quran are universal and not restricted to one ethnic group or a specific area or time. Sunnah refers to all that is narrated from the Prophet saawhis acts, his sayings, whatever he has tacitly approved, and all the reports which describe his physical attributes and character.

Sunnah thus refers to another source of Shariah along with the Quran. Different types of Ahadith exist due to the method of transmission, of reporters in each class, and the authenticity of the Hadith. These rulings are derived from certain sources.

The sources which are used to extract rulings have to be based on Adilla Qataiya Decisive evidences. As an example, to have Ijma as Sahabah Consensus of the Companions as a source to extract laws, the concept of Ijma as Sahabah must be based upon Qatai Daleel. Thus, even though not all the laws extracted from Ijma as Sahabah have to be Qatai, the concept itself must be. These sources are agreed upon by the majority of the scholars. Quran Using Quran to extract rulings indicates adherence to the Message. There are many Ayah in the Quran which state that the Quran is a source of ruling, guidance and knowledge.

We have sent down to you the book in truth, that you may rule between men, as guided by Allah, so be not used as an advocate by those who betray their trust. Sunnah Sunnah is a legislative source along with the Quran, and the Quran cannot be understood without the application of Sunnah.

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Usul al-Fiqh