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GT20302

Introduction to USUL
FIQH

Copyright@2008
Copyright@2008 GT20302/Mohd Zulkifli Muhammad
GT20302/Mohd Zulkifli
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Muhammad
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Contents
1) The Shariah
2) The Components of Shariah
3) The Distinction between Shariah & Fiqh
4) Fiqh Rulings (Al-Ahkam)
5) Usul Fiqh
• Definition of Usul Fiqh
• The differences between Fiqh and Usul Fiqh
• The principal objective of Usul Fiqh
• The purpose of Usul Fiqh
• The importance of Usul Fiqh

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The Shariah
• The Shariah: derived from the root of shin
ra’ayn- the road to the watering place, the
straight path to be followed.
• Dalil: Then We have put you (O
Muhammad s.a.w) on a plain way
(Shariah) of (Our) commandment. So
follow you that (Islamic Monotheism and
its laws), and follow not the desires of
those who know not. (Al-Jathiah:18)
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The Shariah
• Istilah: 1) the canon law of Islam, all the
different commandments of Allah to
mankind. (al-Qurtubi)
• 2) the injunction revealed to the Prophet’s of
Allah related to law or belief. (al-Zahawi)
• 3) following strictly the injunctions of Allah or
the way of Islam. (Ali bin Muhammad bin Ali
al-Jurjani)
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Components
of Shariah

Tawhid/
Aqidah
(Belief in Shariah Fiqh
Oneness of (Guideline/
Allah) Rule on the
Practices of
Muslims)

Akhlaq
(Code of Conduct for an
Islamic Way of Life)

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Tawhid/Aqidah
• Tawhid implies that all resources for economic
use are Amanah (Trust) to man, who must
utilize them according to the will of the Creator.
• Man is responsible and will be held
accountable for any misuse of these
resources. It thus, follows that these resources
are means to attain falah. (Quran, 28:77).
• Tawhid has also implication in Akhirah.

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Akhlaq
• Is an innate quality fitra, such as honesty,
kindness, sincerity, etc.
• Can be enhanced through: Tazkiyyah al-Nafs
(Purification) and Tahliyyah al-Nafs
(Beautification).
• Requires consistency.
• Is an important aspects of corporate culture and
image, hence requires proper training.

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(Al-Munakahat)
Rulings related
to Islamic family life

(Al-Muamalat)
(Al-Jinayat)
Rulings related to DISCIPLINES UNDER Rulings related to
economic FIQH crimes
transaction

(Al-Ibadat)
Rulings related to
acts of worshipping

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S: wider circle-
include all human
actions
S: various F: human acts-
degrees of S: body of revealed
legality & illegality
approval& injunctions- found in
disapproval Quran & Sunnah- 3
F: either legal or component
not
The Distinction between F: one component of
Shariah & Fiqh Shariah

S: based on
revelations- Quran &
Sunnah S: fix & unchangeable
F: stressed on F: changes according to
reasoning circumstances

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Fard or Wajib

Mubah Sunnah

Fiqh Rulings
(Al-Ahkam)

Makruh Haram

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Fiqh Rulings
(Al-Ahkam)
1) Fard/Wajib/Compulsory/Obligatory- refers
to absolute command which is supported by
decisive proof, disobedience to it without
any legal excuse is a sin and its denial
amounts to disbelief- 2 kinds=
a)‘Ayn
b) Kifayah

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Fiqh Rulings
(Al-Ahkam)

2) Sunnah/Recommended Acts- refers to deeds


that are recommended to be undertaken by
the Muslim- 2 kinds=
a) Sunnah Mu’akkadah- highly recommended
b) Sunnah ghayr Mu’akkadah- recommended

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Fiqh Rulings
(Al-Ahkam)

3) Haram/Prohibited/Unlawful- prohibited by
a decisive evidence (adillah qat’iyyah)
from the Quran and Sunnah.
• If commit- punishable and its omission is
rewarded.

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Fiqh Rulings
(Al-Ahkam)

4) Makruh/Abominable/Undesirable- the act


whose omission is preferable and highly
commanded- 2 kinds=
a) Tanzihi- lesser undesirable, nearer to
permissible
b) Tahrimi- nearer to haram

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Fiqh Rulings
(Al-Ahkam)

5) Mubah/Jaiz/Halal/Permissible/Indifferent-
an act whose both commissions and
omissions neither merits any reward nor
entails any punishment.
• No Shariah injunctions are attached to it.

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Usul Fiqh
• Scholars of Islamic Law divide the
science of Fiqh into 2 main divisions-
a) Usul- the roots or foundations
b) Furu’- the branches of the law
• The science of usul deals with the
methods by which the rules of Fiqh are
deduced from their sources. How about
the science of Furu’?
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Usul Fiqh
• The science of Furu’ deals with particular
injunctions (ahkam) are the results of the
science of usul.
• Usul Fiqh: the roots of Islamic law-
expound the indications and methods by
which the rules of fiqh are deduced from
their sources- Quran and Sunnah.

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Usul Fiqh
• Usul Fiqh: is the science of the source
and methodology of the law.
• These indications are found mainly in the
Quran and Sunnah (primary sources).
• Quran and Sunnah contain very little of
methodology- but provide the indications
from which the rules of Shariah can be
deduced.
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Usul Fiqh
• Its methodology refers to the methods of ijtihad
(methods of reasoning) such as qiyas (analogy),
istihsan (juristic preference), istislah (public
interest), istishab (presumption of continuity ), ‘urf
(customary practice), ‘amal ahl al-Madinah
(practice of al-Madinah people), sadd al-dhara’I
(blocking the means to evil) and the rules of
interpretation and deduction.

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Usul Fiqh
• The main difference: -
• Fiqh: the knowledge of the detailed rules
of Islamic law in its various branches/ as a
law by itself/ ex: language.
• Usul Fiqh: the methods that are applied in
the deduction of such rules from their
sources/ methodology of the law/ ex:
grammar.
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Usul Fiqh
• The relationship: usul fiqh provides standard
criteria for the correct deduction of the rules of
fiqh from the sources of Shariah.
• Faqih: a person who knows not only the rules of
fiqh but also the detailed evidence in the
sources.
• Usul Fiqh gives an attention to distinguish a
speculative text from the definitive, the manifest
from the explicit, the general from the specific,
the literal from the metaphorical and how to
understand the implications of a given text.
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Usul Fiqh
• The principal objective of Usul Fiqh: to
regulate Ijtihad and to guide the jurist in
his effort at deducing the law from its
sources.
• The purpose of Usul Fiqh: is to help the
jurist to obtain an adequate knowledge of
the sources of Shariah and of the methods
of juristic deduction and inference.
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Usul Fiqh
• The importance of Usul Fiqh is
irrefutable as it examines:
a) the sources of Islamic Law
b) the methods that must be used to
deduce the rules
c) the person who is legally qualified and
equipped to deduce these laws.

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Usul Fiqh
• Ibn Khaldun (d. 808AH/1406CE)= “(It is)
one of the greatest sciences of the
Shariah, the most powerful and beneficial
science.”
• Fakhr al-Din al-Razi (d. 606AH/1209CE)
also stressed the importance of Usul Fiqh
in his work Al-Mahsul when he said= “That
it is the most importance science for the
Mujtahid.”
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Take Home Test

• Briefly, explain the history and the


development of Usul Fiqh.

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Thank you very much


for your attention

est wishes to you in your endeavours and


may God bless you.
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