The foundations of Islamic Jurisprudence

1.0 An introduction to Usool ul-Fiqh

There is no doubt among all scholars of Ahl us-Sunnah wal-Jamaaah that the most important and useful knowledge for any person to study is the knowledge of Tawheed and the knowledge of the divine rules related to one's actions i.e. to know about what Allah permits, forbids, likes and dislikes. Studying Usool ul-Fiqh (the Foundations of the Deen) will lead us to the greatest and most beneficial knowledge for the whole of mankind how to worship and obey Allah (swt) exclusively, the methodology of verification, comprehensive and restricted definitions of terms, the correct understanding of Shareeah terminologies, and the sciences of the Quraan and Ahaadeeth etc. The purpose of studying Usool ul-Fiqh (or Usool ud-Deen) can be summarised into two main points:

Usool ul-Fiqh

1. at-Tathabbut To verify that any text we refer to is wahy (revelation)

Allah (swt) says:

O you who believe! If a rebellious (faasiq) evil person comes to you with news verify it, lest you harm people in ignorance, and afterwards you become regretful to what you have done. (EMQ al-Hujuraat, 49: 6) Therefore, verification is a duty upon all Muslims, whether it is to verify any news you hear, text which someone may claim to be divine, or when you hear something bad about any Muslim.

2. al-Fahm To understand the verified text

Therefore the purpose of studying Usool ul-Fiqh is in order to verify that all text we refer to is wahy (revelation from Allah and not innovation) in order for us to worship, submit to and obey Allah (swt) with full awareness. The purpose of studying Usool ul-Fiqh is in order to make sure we do not follow any false traditions, culture, customs and misguidance which has been innovated by the people; and this can only be done by verifying any text we refer to and then to understand and act upon the verified text. The concept of verification is so vital in the life of any Muslim. Islam emphasises on the importance of verification so much so that any lack of it can lead to a complete nullification of all our deeds. The Messenger Muhammad (saw) said:

"Any action which is not based on our teachings is rejected (a sin)." Therefore, any lack of verification could easily lead to sin and the anger of Allah (swt). Another consequence of not verifying can be taken from the verse mentioned above (EMQ 49: 6) as Allah says: "lest you harm people in ignorance, and afterwards you become regretful to what you have done", meaning that any lack of verification could lead to you harming people out of ignorance, which you may regret later on. Once the text has been verified to be revelation, it is important to understand that the revelation we are referring to was revealed in the Arabic language, therefore to understand it you must study and understand Arabic, but not just any Arabic (such as the broken colloquial form many Arabs speak today) rather it has to be the Arabic of the revelation i.e. classical Arabic. Even knowing and studying Arabic is still not enough. It is impossible to fully understand the revelation without the explanation and understanding of the Messenger Muhammad (saw) and his Companions, since they are the ones who almighty Allah (swt) praised in the Quraan and informed us that they are the ones worthy of guidance and Tawheed.

 at-Tabeeru an al-Haq The introduction to the truth

Before we continue, it is important for us to unify our understanding of any Shareeah terminology. Many people may refer to the divine text or rules with a different or incorrect understanding. Defining terminology is vital in order to progress, clear any misconceptions and to have unified understanding. For example, when the term Kitaab Ullah (the Book of Allah) is mentioned, we must all understand it the same way i.e. to mean the Quraan and not the Bible. Failure to understand any of the Shareeah terms according to Ahl us-Sunnah wal-Jamaaah will lead to unnecessary arguments, misguidance, corruption, innovation and even Hellfire. The introduction to the truth must be by the Shareeah terms i.e. the truth can only be established by understanding the divine Shareeah terminologies. These divine terms (al-Alfaaz ush-Shariyyah) are derived from the wahy (revelation) which is the Quraan and Sunnah of the Messenger Muhammad (saw). The two types of wahy:

1. Wahy of the Quraan where the words (text) and meanings are from Allah (swt) 2. Wahy of the Sunnah where the wordings are from the Prophet (saw) but the meanings are
from Allah (swt) i.e. the ahaadeeth (sayings) of the Prophet are worded by him (saw) but the meaning is from Allah.

al-Wahy

Evidences from the Quraan of how the Sunnah is a source of revelation:

It is not given to any human being that Allah should speak to him unless (it be) by Inspiration, or from behind a veil, or (that) He sends a Messenger to reveal what He wills by His Leave. Verily, He is Most High, Most Wise. (EMQ ash-Shooraa, 42: 51)

Nor does he speak of (his own) desire. It is only an Inspiration that is inspired. (EMQ an-Najm, 53: 3-4)

Say: I don't tell you that with me are the treasures of Allah, nor (that) I know the unseen; nor I tell you that I am an angel. I but follow what is revealed to me by inspiration. Say: Are the blind and the one who sees equal? Will you not then take thought?" (EMQ al-Anaam, 6: 50)

Say: I warn you only by the revelation (from Allah and not by the opinion of the religious scholars and others). But the deaf (who follow the religious scholars and others blindly) will not hear the call, (even) when they are warned. (EMQ al-Anbiyaa, 21: 45)