Deffinition of Usul al-Figh Usul = Plural of Usi which means root or foundation. Figh: literally, the word Fiqh is derived from the root word Fagiha 4% which means “understood or comprehended, In the Qur’anie Ayah 20:27, the present- tense verb Yafgahoo (|i), derived from the same root word Fagiha, was used to mean: “understand” (AF sii ad on Bt BL) “And remove a knot from my tongue, that they understand my speech.” Asa technical term: Figh is defined as the knowledge of the practical tules' of Shari'ah (Islamic law) acquired from the detailed evidence in the sources. ie, the knowledge of the rules of Figh must be acquired directly from the sources (i.e. the Qura’an and the Sunnah), a requirement which implies that the Fageeh (Jurist) must be in contact with the sources of Figh. Hence, a person who learns Figh in isolation from its sources is not a Fageeh. For example, the Fageeh must know not only the rule that unjustly eating up the property of an orphan is forbidden, but also that the detailed evidence for it is the Qur’anic Ayah 4:10: (Vara Gigli I fagd lad cod G85 La Calls A Otel GIS StI UI) “Those who unjustly eat up the property of orphans, eat up a fire into their own bodies, they will soon be enduring a blazing fire.” Usul al-Figh, or the roots of Figh is defined as: "Including the phrase, ‘practical rules," in the definiton of Fgh, excludes creedal ules, because such rues belong to the area of Ageedah notto igh. Ageedah means the firm creed that one's heart is fixed upon without any wavering or doubt 1The principles and methods by which the rules of Figh are deduced from their sources. These principles are found mainly in the Qur‘an and Sunnah, which are the primary sources of the Shari'ah. The rules of Figh are thus detived' from the Qur’an and Sunnah by applying the principles and methods which are collectively known as Usul al- Figh. Figh as such is the end product of Usul al-Figh (see examples I & 2) The main difference between Figh and Usul al-Figh is that: Figh is concemed with the knowledge of the detailed rules of Islamic law and Usul al-Figh with the methods that are applied in the deduction of such rules from their sources. Figh, in other words, is the law itself whereas Usul al-Figh is the methodology of the law. ory of Usul al-figh To what extent is it justified to say that Al-Shafi’i was the founder of Usul Al-Figh? Usul Al-Figh had existed long before Al-shafi’i, Numerous examples could be cited to explain how the Sahabah deduced the rules of Figh from their sources. However, it was through the works of Al-Shafi’i that Usul Al- Figh was expressed as a coherent body of knowledge.After Al-Shafi’i, the Ulema of the various schools adopted three approaches: The first approach is: The theoretical approach, in which the principles are set forth, without necessarily attempting to relate them to the Figh itself (i.e., considering Usul Al-Figh as an independent discipline to which the Figh must confirm). This approach is adopted by the Shafi’i school also known as Usul-Al-Shafei’a. © The second approach is: The deductive approach, in which the principles are formulated in light of their application to relevant issues (i.e., setting forth the principles of Usul Al-Figh in conjunction with the Figh itself). When a principle of Usul Al-Figh is found to be in conflict with an established principle of Figh, the principle of Usul Al- Figh is adjusted to remove the conflict, or else a necessary exception is made so as to reach a compromise. This approach is adopted by the Hanafi school, and also known. as Usul Al-hanafia. © The third approach is: combining the theoretical and deductive approaches into an integrated whole. This approach is adopted by the Shafi"i and Hanafi Ulema of later periodsApplying the Principle that i States: The Source / (The \ a comman ur’an f il \ Phat (2. ) / detailed plies : | rule of obligation | \ gaail s + Shari’ah) (unless it is $a)! \ is | attended by clues eee or circumstances \ : that might reduce (and establish bligatory / the command to the Salai permissibility or recommendation)Example 2: Applying the Principle that states: a negative command The beginning with Source “¥ (do not)” | Applied to ( Qur ‘an ) implies ‘ V5 a Y 9 prohibition s (unless there are indications to -) suggest otherwise “e.g., Karahiyyah or reprehension”’) \ \ \ / / \ = (The | detailed \ rule of Shari’ah | Prohibition | of \ \ \ / /