USUL AL-FIQH

BIF5013
September 18, 2018
Overview
👉Principles of Islamic jurisprudence otherwise known as
Uṣūl al-fiqh is the study and critical analysis of the
origins, sources, and principles upon which Islamic
jurisprudence is based.

👉This course focuses on the history, indicators and

methodological principles of Islamic jurisprudence (fiqh).

👉Likewise, it focuses on the methods of reasoning adopted by

various schools of jurisprudence to expound the Islamic law.
cont...
👉 Islam consists full system of life that is compatible for
human being at all age.

👉The revelation from Allah and Prophet Muhammad is not

confined to the belief and moral systems, but also includes
the law that is suitable to be implemented to mankind.

👉 Islam believes that Allah created mankind and therefore it

is necessary for them to have laws and regulations governing
their lives.
cont...
👉The body of principles and investigative methodologies
through which practical legal rules are developed from the
foundational sources.

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definition AL-FIQH

USUL The second, fiqh,

described the
The first, usūl , defined the
understanding that could
root or the foundation which
contain any aspect of
something else is built upon.
knowledge.
📔 The great Imam al-Razi
📕Usul; Term ASL, is defines fiqh in his
“something from which another al-Mahsul as “knowledge of
things originates”. the practical legal
Or “something upon which rulings derived from
another thing is constructed”. particular proofs in a
(foundation) manner such that they are
not necessarily known by
reason.
CONT...
DEFINITION OF USUL AL-FIQH
Usul al-Fiqh: has been defined as
principles or methodology used by the
jurists (mujtahid) to deduce the practical
Shari`ah ruling from their sources.

The great Imam al-Razi defines fiqh in his

al-Mahsul as “knowledge of the practical
Usul al-Fiqh defined by
legal rulings derived from particular
al-Asnawi as “knowledge
proofs in a manner such that they are not of the practical legal
rulings derived from
necessarily known by reason. detailed proofs.”
cont..definition
According to Kamali, “the methodology of usūl al-fiqh refers to methods
of reasoning, such as analogy (qiyās), juristic preference (istihsān),
presumption of continuity (istishāb) and rules of interpretation and
deduction.

Usūl al-fiqh is not only the methodological science but

also ethical and philosophical principles of Islamic law.

Mohammad Hashim. Kamali ,

Principles of Islamic Jurisprudence
(Cambridge: St Edmundsbury Press, 1989)
Subject matter of usul al-fiqh:
Covers three things

THE
THE SOURCES
METHODOLOGY
OF ISLAMIC
THE FORMAL OF THE FAQIH
LAW AND THE
STRUCTURE OF AND THE
METHODOLOGY
ISLAMIC LAW SOURCES
OF THE
EMPLOYED BY
MUJTAHID
HIM
As part of subject matters
 c t i ve s o f
e
👉•The purpose of study usul
al-fiqh is to regulate the
T h e o b j
process of adjudication (ijtihad)

i n g u s ul
and to guide the
(mujtahid) in his effort at
jurist
lear n
deducing the rules from the
sources. This would explain the al - f i q h
issue of how do Muslim judges and
jurists discover and apply the
law.
 There are 4 points in this

The importance of
part;

1. The historical benefit.

studying
2. The scientific and Practical
Benefits.
3. The benefit in comparative

usul al-fiqh
work.
4. Represent Islamic
Philosophy.
 historical Scientific and Comparative Islamic
practical work philosophy
•To know in a •From mujtahid • Can only be carried •As a universal religion,
detailed manner of perspective, the jurist out by focusing on Islamic legislation very
the perspicacity and tasked with deriving proofs based on unique and fair. It’s
capacities of the reason, revelation and represents the
rulings from specific
mujtahid jurists, principles (naql, ‘aql, philosophy of Islamic
proofs, usul al-fiqh and usul).
and their methods legislation.
of arriving at legal allows him to make
conclusions. reference to principles •We see the
of interpretation and importance of usul for
the muqallid, for it
derivation in undertaking
allows him to weigh
•It is undoubtedly of this process. between the proofs of
great importance his school and those
for the umma to be of other schools.
keenly aware of its
past so that it may
serve as an example
to its present and
future.
1. The knowledge of usul is a shar’i knowledge and therefore the reward for
seeking sacred knowledge can be obtained with a sound intention.

1. The knowledge of usul can help to qualify a person to extract/obtain shar’i

rulings and thus rise from the level of a layman to the level of the mujtahid. The benefits
1.

1.
The knowledge of usul gives a person the ability to understand shar’i texts.

The knowledge of usul clarifies the technical terms that the scholars use in
for layman
their verdicts and works.

1. The knowledge of usul enables a person to be more precise with their

choice of words thus one will use the exact words that convey the intended
meaning.

1. The knowledge of usul gives a layman a sense of confidence in the validity

of the ijtihad of the mujtahid who he follows.

1. The knowledge of usul clarifies how one should pose questions to the
scholars and also clarifies who is entitled to be asked.
The important terms in usul al-fiqh
● A Mujtahid is someone qualified to exercise
Mujtahid ijtihad

● The process of making a legal decision by

Ijtihad independent interpretation of the Islamic legal
sources

● The knowledge of the ahkam shar’iyyah pertaining

Fiqh to conduct, that have been derived from their
specific evidences.

● an Islamic religious law that governs not only

Shariah religious rituals but also aspects of day-to-day
life in Islam
So, since when this discipline of knowledge was established?
We’l is s ex s o .

The end
wazfar@iumw.edu.my