Lecture Notes 1, Usul Fiqh_2008

8/9/2019 Lecture Notes 1, Usul Fiqh_2008

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Copyright@2008 GT20302/Mohd

Zulkifli Muhammad

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GT20302Introduction to USUL FIQH

Copyright@2008

GT20302/Mohd Zulkifli

Muhammad


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Contents1) 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

raayn- 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 andits laws), and follow not the desires ofthose 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 Prophets

of Allah related to law or belief. (al-Zahawi)

3) following strictly the injunctions of Allahor the way of Islam. (Ali bin Muhammad

bin Ali al-Jurjani)

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Components

of Shariah

ShariahTawhid/Aqidah

(Belief inOneness of

Allah)

Akhlaq

(Code of Conduct for an

Islamic Way of Life)

Fiqh(Guideline/

Rule on the

Practices of

Muslims)


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Tawhid/Aqidah

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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

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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 relatedto Islamic familylife

(Al-Muamalat)Rulings related to

economic

transaction

(Al-Ibadat)

Rulings related to

acts ofworshipping

(Al-Jinayat)

Rulings related to

crimes

DISCIPLINES UNDER

FIQH


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Mubah

Makruh

Fard or Wajib

Haram

Sunnah

Fiqh Rulings

(Al-Ahkam)


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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 beundertaken by the Muslim- 2 kinds=

a) Sunnah Muakkadah- highly

recommendedb) Sunnah ghayr Muakkadah-

recommended

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Fiqh Rulings

(Al-Ahkam)

3) Haram/Prohibited/Unlawful- prohibited by

a decisive evidence (adillah qatiyyah)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 highlycommanded- 2 kinds=

a) Tanzihi- lesser undesirable, nearer to

permissibleb) Tahrimi- nearer to haram

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Fiqh Rulings

(Al-Ahkam)

5) Mubah/Jaiz/Halal/Permissible/Indifferent-

an act whose both commissions andomissions neither merits any reward nor

entails any punishment.

No Shariah injunctions are attached to it.

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UsulFiqh 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 arededuced from their sources. How about

the science of Furu?

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UsulFiqh The science of Furu deals with particular

injunctions (ahkam) are the results of the

science of usul. UsulFiqh: the roots of Islamic law-

expound the indications and methods by

which the rules of fiqh are deduced fromtheir sources- Quran and Sunnah.

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UsulFiqh UsulFiqh: is the science of the source

and methodology of the law.

These indications are found mainly in theQuran and Sunnah (primary sources).

Quran and Sunnah contain very little of

methodology- but provide the indicationsfrom which the rules of Shariah can be

deduced.

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UsulFiqh Its methodology refers to the methods of

ijtihad (methods of reasoning) such as

qiyas (analogy), istihsan (juristicpreference), istislah (public interest),

istishab (presumption of continuity ), urf

(customary practice), amal ahl al-Madinah

(practice of al-Madinah people), sadd al-dharaI (blocking the means to evil) and the

rules of interpretation and deduction.

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UsulFiqh The main difference: -

Fiqh: the knowledge of the detailed rules

of Islamic law in its various branches/ as alaw by itself/ ex: language.

UsulFiqh: the methods that are applied in

the deduction of such rules from theirsources/ methodology of the law/ ex:

grammar.

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UsulFiqh The relationship: usul fiqh provides standard

criteria for the correct deduction of the rules offiqh from the sources of Shariah.

Faqih: a person who knows not only the rules offiqh but also the detailed evidence in thesources.

UsulFiqh gives an attention to distinguish a

speculative text from the definitive, the manifestfrom the explicit, the general from the specific,the literal from the metaphorical and how tounderstand the implications of a given text.

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UsulFiqh The principal objective of UsulFiqh: to

regulate Ijtihad and to guide the jurist in

his effort at deducing the law from itssources.

The purpose of UsulFiqh: is to help the

jurist to obtain an adequate knowledge ofthe sources of Shariah and of the methods

of juristic deduction and inference.

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UsulFiqh The importance of UsulFiqh 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 andequipped to deduce these laws.

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UsulFiqh Ibn Khaldun (d. 808AH/1406CE)= (It is)

one of the greatest sciences of the

Shariah, the most powerful and beneficialscience.

Fakhr al-Din al-Razi (d. 606AH/1209CE)also stressed the importance of Usul Fiqh

in his work Al-Mahsul when he said= Thatit is the most importance science for theMujtahid.

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Take Home Test

Explain the history and the development of

Usul Fiqh.

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Thank you very

much for yourattention

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Best wishes to youin your endeavours and

may Godbless you.

Documents

Lecture Notes 1, Usul Fiqh_2008