1

--' ,- .,+--.....................................................................................4
THE PRINCIPLES OF FIQH MADE EASY....................................4
--' ,- The Principles of Fiqh ....................................................4
-,- (Ta`reef) Definition: .........................................................4
,-,- (Maudoo`) Subject Matter:.............................................4
= (Ghardh) Object (in studying this subject): ......................4
- (Dhuroorat) Obligation (in acquiring this knowledge) .5
_- (Waadi Awwal) Initiators (founders) .........................5
QUESTIONS .............................................................................5
= HUKM....................................................................................6
-- ,' Dictionary meaning: ...................................................6
-,-Definition: .........................................................................6
-'- Mukallif: ...........................................................................6
= 'The requisites/constituents of Hukm:..........................6
= '-Types of Hukm..............................................................7
-,'- =Hukm-e-Takleefi ..........................................................7
'-Types: ..................................................................................7
- = Hukm-e-Wad'i............................................................7
QUESTIONS: ............................................................................8
- ' THE FOUR PROOFS.......................................................9
QUR`AAN MAJEED....................................................................9
Literal definition: ' ..................................................................9
Shar`i Definition: '=`=- ..........................................................9
QUESTIONS: ..........................................................................10
THE FIRST TYPE.......................................................................11
1. Khaas................................................................................11
An Important type....................................................................12
QUESTIONS ...........................................................................12
AN IMPORTANT TYPE OF KHAAS.............................................13
Amar -and Nahiy+- .................................................................13
Amar - ...................................................................................13
Ahkaam (Laws):.......................................................................13
Nahy+- ...................................................................................14
QUESTIONS: ..........................................................................14
The remaining types:................................................................15
Aam '=- Definition..................................................................15
2
Mushtarak --- ......................................................................16
Mu`awwal,- ........................................................................17
QUESTIONS ...........................................................................17
THE SECOND TYPE..................................................................18
1). Zaahir '= Definition: .....................................................19
2). Nass - Definition: .........................................................19
3). Mufassar --- Definition: .................................................20
4). Muhkam =- Definition...................................................20
QUESTIONS ...........................................................................21
THE THIRD TYPE......................................................................22
1). Khafi -= Definition.........................................................22
2). Mushkil .---- Definition: .................................................23
3). Mujmal .-=--- Definition...................................................23
4). Mutashaabih -'----- Definition ..........................................24
QUESTIONS ...........................................................................24
THE FOURTH TYPE..................................................................26
1). Haqeeqat --,-=-- Definition................................................26
2). Majaaz '=-Definition ...................................................26
3). Sareeh _,-- Definition.....................................................27
4). Kinaayah ,'--- Definition..................................................28
QUESTIONS ...........................................................................28
THE FIFTH TYPE.......................................................................30
1). Ibaaratun Nass -' '-= Definition.................................30
2). Ishaaratun Nass -' '- Definition ...............................30
3). Dalaalatun Nass -' '` Definition................................31
4). Iqtidaa`un Nass -''-- Definition...............................32
QUESTIONS ...........................................................................33
THE TYPES OF BAYAAN......................................................34
Bayaan ',- Dictionary Definition..........................................34
Shar`i Meaning.........................................................................34
Types There are five: ............................................................34
1). Bayaan-e-Taqreer ,-- ',- Definition..............................34
2). Bayaan-e-Tafseer ,--- ',- Definition ..............................35
3). Bayaan-e-Taghyeer ,,- ',--- Definition...........................36
4. Bayaan-e-Dharoorat - ',--- Definition......................36
5). Bayaan-e-Tabdeel .,--- ',--- Definition .............................37
3
QUESTIONS ...........................................................................37
SUNNAT --- ............................................................................39
Dictionary definition:...............................................................39
Shar'i meaning: ........................................................................39
The connection of the Sunnat to the Qur'aan Majeed..............39
Discussion / Classification of Sunnat ......................................39
The Usooli parts of Sunnat ......................................................39
1). Mutawaatirah--,-- .....................................................40
2). Mashhoor,+-- ..........................................................41
3). Khabar-e-Waahid-= -= ............................................41
QUESTIONS ...........................................................................42
IJMA '-= ....................................................................................43
Dictionary meaning:.................................................................43
Shari meaning.........................................................................43
1). Mutawaatir ) -,-- ( : .............................................................43
2). Mashhoor ) ,+-- ( : .............................................................44
3). Aahaadi ) '= ( : ..................................................................44
QUESTIONS ...........................................................................44
QIYAAS ', ...............................................................................46
Dictionary meaning:.................................................................46
Shari meaning: ........................................................................46
Necessity- : ....................................................................46
Reality--,-= :............................................................................46
Basis',-- :..................................................................................46
Application_,- :......................................................................46
Constituents of Qiyaas', ' : ............................................47
QUESTIONS ...........................................................................47
4

--- ;~ J-)~-
THE PRINCIPLES OF FIQH MADE
EASY
--- ;~ The Principles of Fiqh

~-,- (Ta`reef) Definition:

It is to have the knowledge of those laws which provide the means
for proving and substantiating the Rulings of the Shariah with
comprehensive and in depth proofs.

;~;- (Maudoo`) Subject Matter:

The Four Proofs, i.e. Qur`aan, Sunnat, Ijma and Qiyaas, which are
used to prove the Rulings of the Shariah.

,- (Ghardh) Object (in studying this subject):

To become privy and knowledgeable of the comprehensive proofs
for the Rulings of the Shariah and to become aware of the various
laws and proofs for the Rulings of the Shariah.



5
,~ (Dhuroorat) Obligation (in acquiring this knowledge)

Muslims are bound by the Laws of the Shariah, and these very laws
are extracted from the guidelines (principles) acquired in this study.
Hence, since there exists an obligation to know the Laws of the
Shariah there is an obligation to know its guidelines.

~ (Waadi Awwal) Initiators (founders)

They are the Aimmah-e-Mujtahiddeen. The very first persons who
compiled and codified the principles of Fiqh were Imaams Abu
Yusuf and Muhammad (rahmatullahi alaihima), who were known
and Saahibain. The oldest compilation which exists is that of Imaam
Shaafi (rahmatullahi alaih), which is entitled, Ar-Risaala.

QUESTIONS

1. 1. 1. 1. What is the definition of Usoolul Fiqh? What is the definition of Usoolul Fiqh? What is the definition of Usoolul Fiqh? What is the definition of Usoolul Fiqh?
2. 2. 2. 2. Wh Wh Wh What comprises the subject matter of Usoolul Fiqh? at comprises the subject matter of Usoolul Fiqh? at comprises the subject matter of Usoolul Fiqh? at comprises the subject matter of Usoolul Fiqh?
3. 3. 3. 3. What is the object in studying Usoolul Fiqh? What is the object in studying Usoolul Fiqh? What is the object in studying Usoolul Fiqh? What is the object in studying Usoolul Fiqh?
4. 4. 4. 4. Explain the necessity in studying Explain the necessity in studying Explain the necessity in studying Explain the necessity in studying Usoolul Usoolul Usoolul Usoolul Fiqh. Fiqh. Fiqh. Fiqh.
5. 5. 5. 5. Who was the initiators of Usoolul Fiqh? Who was the initiators of Usoolul Fiqh? Who was the initiators of Usoolul Fiqh? Who was the initiators of Usoolul Fiqh?
6. 6. 6. 6. Who is the author of the first compilation of Usoolul Fiqh and Who is the author of the first compilation of Usoolul Fiqh and Who is the author of the first compilation of Usoolul Fiqh and Who is the author of the first compilation of Usoolul Fiqh and
what was it what was it what was it what was it entitled? entitled? entitled? entitled?










6
;-= HUKM

-- ;- Dictionary meaning:

Where a decision/ruling is established for one thing, by confirming
or negating another.

~-,- Definition:

This is where the Address of Allaah Ta'ala is directed at the actions
of the Mukallifeen (those upon whom Shar'i injunctions are
binding) , either:
1). Requiring them to carry out a certain task or not to. This can
either be obligatory or not, or
2). It gives them a choice to execute a certain task or not.

~--- Mukallif:

This refers to that sane, mature adult from whom the Shariah
requires compliance to its injunctions.

;-= 'The requisites/constituents of Hukm:

These are four:
1). Haakim (The One Who issues the Decrees), i.e. Allaah
Ta'ala,
2). Mahkoom Alaih (that person upon whom the Hukm applies),
3). Mahkoom Feehe (That action/ thing which is being ordered),
4). Mahkoom Behe (The description applied to the Hukm, like
Waajib, Sunnat, Mustahab, etc.)
7
;-= '~- Types of Hukm

There are two types:
Takleefi and Wadh'i

----- ;-= Hukm-e-Takleefi

Where either the execution or non-execution of an action is sought.
Or it is one where a choice is given, either obligatory or not.

'~- Types:

1). Waajib ) -= ( - where the execution is binding
2). Mahdhoor ) ,==- ( - where non-execution is obligatory
3). Mandoob ) --- ( - that (ruling) whose execution is non-
obligatory
4). Makrooh ) -- ( - that whose non-execution is non-obligatory
5). Mubaah ) '-- ( - that wherein a choice is offered between
execution and non-execution
Fardh and Waajib Istilaahi fall under (the definition of) Waajib.
Haraam and Makrooh-e-Tahreemi fall under Mahdhoor.
Masnoon and Mustahab fall under Mandoob.
Makrooh-e-Tanzeehi fall under Makrooh.

~ ;-= Hukm-e-Wad'i

That which is a sign or indication for Hukm-e-Takleefi.

'~- Types

Illat ) -'= ( , Sabab ) --- ( , Shart ) - ( and Maani' ) _-'- (
8
1). Illat That which affects/influences the existence of a Hukm.
For example, purchasing for ownership.
2). Sabab That which affects/influences the obligation of a
Hukm. For example, time for Salaat.
3). Shart That upon which the existence of the Hukm is
dependent. For example, the passing of a year for the
obligation of Zakaat.
4). Maani` -- That which prevents a Hukm. For example, the
freedom of a free man in his sale (selling him). That is, a free
person cannot be traded in (bought or sold).
QUESTIONS:

1. 1. 1. 1. What is the literal meaning of Hukm? What is the literal meaning of Hukm? What is the literal meaning of Hukm? What is the literal meaning of Hukm?
2. 2. 2. 2. What is the What is the What is the What is the Shari Shari Shari Shari definition of Hukm? definition of Hukm? definition of Hukm? definition of Hukm?
3. 3. 3. 3. How many constituents are there of Hukm and what are they? How many constituents are there of Hukm and what are they? How many constituents are there of Hukm and what are they? How many constituents are there of Hukm and what are they?
4. 4. 4. 4. How many different types of Hukm are ther How many different types of Hukm are ther How many different types of Hukm are ther How many different types of Hukm are there and what are they? e and what are they? e and what are they? e and what are they?
5. 5. 5. 5. Describe Hukm Describe Hukm Describe Hukm Describe Hukm- -- -e ee e- -- -Takleefi. Takleefi. Takleefi. Takleefi.
6. 6. 6. 6. How many types of Hukm How many types of Hukm How many types of Hukm How many types of Hukm- -- -e ee e- -- -Takleefi are there and what are they? Takleefi are there and what are they? Takleefi are there and what are they? Takleefi are there and what are they?
7. 7. 7. 7. Explain each type in detail Explain each type in detail Explain each type in detail Explain each type in detail
8. 8. 8. 8. What is Hukm What is Hukm What is Hukm What is Hukm- -- -e ee e- -- -Wad`i? Wad`i? Wad`i? Wad`i?
9. 9. 9. 9. How many types of Hukm How many types of Hukm How many types of Hukm How many types of Hukm- -- -e ee e- -- -Wad`i are there and what are they? Wad`i are there and what are they? Wad`i are there and what are they? Wad`i are there and what are they?
10. 10. 10. 10. Explain each type in detail Explain each type in detail Explain each type in detail Explain each type in detail















9
- - THE FOUR PROOFS

You have already learnt that the subject matter of Usoolul Fiqh are
the four proofs. This topic and subject centres around the discussion
of these.

The four proofs are as follows: Qur`aan Majeed, Sunnat, Ijma and
Qiyaas. In order to prove any ruling/law (of the Shariah), this will
be the order of preference, as stated.

The first place where a proof will be sought is the Qur`aan Majeed,
next the Hadith, and then only will Ijma be utilised. (If nothing can
be found in the above three) then only will Qiyaas be brought into
effect.
QUR`AAN MAJEED

Literal definition: -

Either it is a root-word in the meaning of ,-- which means
recitation, or it is an ism-e-maf`ool in the meaning of ,--- which
means the recited.

Shar`i Definition: '=>=~

This refers to that Scripture which was revealed from the heavens
upon our Beloved Nabi , wherein there is no doubt (regarding its
authenticity) and it has come down the ages in its protected form.
Both, the words and meanings contained therein testify thereto.

10
The Usooliyeen (Legislators) study and discuss the import of the
Qur`aan Majeed, and since the words and letters are essential in
understanding the meaning and import of the Qur`aan Majeed,
therefore, they have categorised the words into five categories:
1.) Firstly, the meaning with regard to the Maudoo` Lahu
(subject matter to which it refers);
2.) Secondly the meaning with regard to its apparent
connotation;
3.) thirdly with regard to its hidden connotation;
4.) fourthly with regard to its context/usage and
5.) lastly, with regard to the import and intention of the Speaker.
QUESTIONS:

1. 1. 1. 1. What What What What is discussed in the subject of Usoolul Fiqh? is discussed in the subject of Usoolul Fiqh? is discussed in the subject of Usoolul Fiqh? is discussed in the subject of Usoolul Fiqh?
2. 2. 2. 2. What is the order to be followed when proving any Shar`i Law? What is the order to be followed when proving any Shar`i Law? What is the order to be followed when proving any Shar`i Law? What is the order to be followed when proving any Shar`i Law?
3. 3. 3. 3. What is the literal meaning of Qur`aan? What is the literal meaning of Qur`aan? What is the literal meaning of Qur`aan? What is the literal meaning of Qur`aan?
4. 4. 4. 4. What is the Shar`i definition of Qur`aan? What is the Shar`i definition of Qur`aan? What is the Shar`i definition of Qur`aan? What is the Shar`i definition of Qur`aan?
5. 5. 5. 5. Are both the words and meanings testification to the Qur` Are both the words and meanings testification to the Qur` Are both the words and meanings testification to the Qur` Are both the words and meanings testification to the Qur`aan aan aan aan
Majeed? Majeed? Majeed? Majeed?
6. 6. 6. 6. How do the Usooliyeen categorise and discuss the words and How do the Usooliyeen categorise and discuss the words and How do the Usooliyeen categorise and discuss the words and How do the Usooliyeen categorise and discuss the words and
meanings? How many types have they categorised it in? meanings? How many types have they categorised it in? meanings? How many types have they categorised it in? meanings? How many types have they categorised it in?
7. 7. 7. 7. How is this categorisation effected? How is this categorisation effected? How is this categorisation effected? How is this categorisation effected?

















11
THE FIRST TYPE

Words are firstly categorised according to their Maudoo`Lahu

Words are or four types insofar as their Maudoo` Lahu is concerned:

Khaas ) '= ( , `Aam ) '= ( , Mushtarak ) --- ( and Muawwal ) ,- ( .

1. Khaas

It is that word which is used to refer to a specific thing.

Types:

There are three types of
1.) Khaas;
2.) Khaas Jinsi for example, mankind;
3.) Khaas Naw'i, for example, men and
4.) Khaas Fardi, for example, Zaid, Bakr and Amar. This is
further broken down into various types.

Ruling

Whatever is proven with this is definitive (Qat'i) and is free from
any possibilities and ambiguities. Practice upon this is incumbent.

Example

Regarding Kaffaarah (compensation) for breaking a promise, Allaah
Ta'ala states: "Thus (its compensation is) three days of fast." In this
Aayat, the word Thalaatha (three) is Khaas. It cannot mean more or
less than three.

12
An Important type

Whereupon the Usooliyeen deliberate upon in great detail, are two;
Amar and Nahiy.

QUESTIONS

1. 1. 1. 1. As far as the objective of words are concerned, how many different As far as the objective of words are concerned, how many different As far as the objective of words are concerned, how many different As far as the objective of words are concerned, how many different
types are there and what are they? types are there and what are they? types are there and what are they? types are there and what are they?
2. 2. 2. 2. Describe Khaas. Describe Khaas. Describe Khaas. Describe Khaas.
3. 3. 3. 3. How many different types of Khaas are there and what are they? How many different types of Khaas are there and what are they? How many different types of Khaas are there and what are they? How many different types of Khaas are there and what are they?
4. 4. 4. 4. Exp Exp Exp Explain the ruling of Khaas. lain the ruling of Khaas. lain the ruling of Khaas. lain the ruling of Khaas.
5. 5. 5. 5. Mention an example of Khaas. Mention an example of Khaas. Mention an example of Khaas. Mention an example of Khaas.
6. 6. 6. 6. How many important types of Khaas are there and what are they? How many important types of Khaas are there and what are they? How many important types of Khaas are there and what are they? How many important types of Khaas are there and what are they?























13
AN IMPORTANT TYPE OF KHAAS
Amar ,-and Nahiy )-

Amar ,-

Literal meaning:

To issue an order / give an instruction.

Shar'i meaning:

To make a task binding on someone else.

Ahkaam (Laws):

(1). It is imperative that Amar appears in the Segha (scale) of Amar.
It can either be in the scale of Fe'l Amar or an Ism-e-Fe'l in the
meaning of Amar, or a Masdar which is in the place of a Fe'l, for
example, where the word is a Masdar in the place of.
(2). Amar in reality and generally comes to denote compulsion.
(3). The compulsion is fulfilled if the ordered act is executed once.
(4). It is necessary for there to be Husn (goodness) in the ordered
(act). This Husn has to be either in the act itself, like Salaat, fasting,
etc., or that Husn is in something else and not in the actual ordered
(act), like Jihaad, whose reality is war and bloodshed, nevertheless,
there is goodness (Husn) in the objective, which is to elevate the
Name of Allaah Ta'ala.


14
Nahy )-

Literal meaning:

To prevent or forbid.

Shar'i meaning

To make binding upon someone else the non-execution of an act.

Ruling

(1). It is necessary that Nahy comes in the scale of Fe'l Nahy.
(2). Nahy in reality and generally confirms and verifies a Hurmat
(impermissibility).
(3). It is necessary for there to be evil in the forbidden (act/thing).
This evil can either be in the forbidden thing itself, like kufr, shirk,
performance of Salaat in the state of impurity, murder, fornication,
etc., or the evil does not exist in the actual forbidden act itself, but
rather due to it, like, fasting on the days of Eid or buying and selling
after the Athaan of Jumuah.
QUESTIONS:

1. 1. 1. 1. What is the literal meaning of Amar? What is the literal meaning of Amar? What is the literal meaning of Amar? What is the literal meaning of Amar?
2. 2. 2. 2. Define the Shar'i meaning of Amar? Define the Shar'i meaning of Amar? Define the Shar'i meaning of Amar? Define the Shar'i meaning of Amar?
3. 3. 3. 3. What is necessary for the compulsion of Amar (to take effect)? What is necessary for the compulsion of Amar (to take effect)? What is necessary for the compulsion of Amar (to take effect)? What is necessary for the compulsion of Amar (to take effect)?
4. 4. 4. 4. What in reality is est What in reality is est What in reality is est What in reality is established by Amar? ablished by Amar? ablished by Amar? ablished by Amar?
5. 5. 5. 5. Is it compulsory to practice upon an Amar for a second time (i.e. Is it compulsory to practice upon an Amar for a second time (i.e. Is it compulsory to practice upon an Amar for a second time (i.e. Is it compulsory to practice upon an Amar for a second time (i.e.
twice)? twice)? twice)? twice)?
6. 6. 6. 6. Is there evil or goodness to be found in Amar? Is there evil or goodness to be found in Amar? Is there evil or goodness to be found in Amar? Is there evil or goodness to be found in Amar?
7. 7. 7. 7. How many types of Husn are there? Explain in detail. How many types of Husn are there? Explain in detail. How many types of Husn are there? Explain in detail. How many types of Husn are there? Explain in detail.
8. 8. 8. 8. What is What is What is What is the the the the literal meaning of Nahy? literal meaning of Nahy? literal meaning of Nahy? literal meaning of Nahy?
9. 9. 9. 9. Define the S Define the S Define the S Define the Shar'i meaning of Nahy. har'i meaning of Nahy. har'i meaning of Nahy. har'i meaning of Nahy.
10. 10. 10. 10. What is necessary for the implementation of Nahy? What is necessary for the implementation of Nahy? What is necessary for the implementation of Nahy? What is necessary for the implementation of Nahy?
11. 11. 11. 11. What in reality is established by Nahy? What in reality is established by Nahy? What in reality is established by Nahy? What in reality is established by Nahy?
12. 12. 12. 12. Is there goodness or evil to be found in the forbidden act? Is there goodness or evil to be found in the forbidden act? Is there goodness or evil to be found in the forbidden act? Is there goodness or evil to be found in the forbidden act?
15
13. 13. 13. 13. How many types of evil are there and what are they? Explain in deta How many types of evil are there and what are they? Explain in deta How many types of evil are there and what are they? Explain in deta How many types of evil are there and what are they? Explain in detail. il. il. il.

The remaining types:

Aam '-- Definition

It is that word which is used to denote a group of individuals. This is
either effected by word or by meaning. For example, words which
denote a type (like Muslims, Mushriks), or a word which denotes a
group, like man(-kind), caravan, etc.

Types:

There are two Aam which is attributed to generality (Aam
Mahmool bar Umoom) and Aam which is attributed to specifics
(Aam Mahmool bar Khusoos).

1). Aam Mahmool bar Umoom is where the Aam remains in its
general form and no particle thereof is excluded.

Ruling:

The extracted (proven) ruling is Qat`i (definitive), and it is
obligatory to practice thereupon.

Example:

Allaah Ta`ala states in the Qur`aan Majeed:

,-- Q- ,~-- '- ,-'-
Recite that which is simple from the Qur`aan (Muzzamil -20)
In the Aayat the word '- is Aam. Hence it is incumbent to recite a
portion from the Qur`aan Majeed whilst performing Salaat.
16

2). Aam Mahmool bar Khusoos This is where some particles (from
the general) are excluded by means of some proof. That is, they
(these exclusions) fall beyond the scope of the ruling (extracted
from this Aam).

Ruling:

The extracted (proven) ruling is Qat`i (definitive), and it is
obligatory to practice thereupon, with the possibility that some other
particle can also be excluded therefrom.

Example:

Allaah Ta`ala states in the Qur`aan Majeed:

;-- '- ;-- J=
All others are lawful (apart from those) (An Nisaa 24)
In this Aayat also the word '- is Aam. However, besides the
Muhrimaat (those women to whom wedlock is not permissible) that
are mentioned in the previous Aayat, there are others also which
have been mentioned in other Aayaat in the Qur`aan Majeed. Hence
this has been attributed to specifics.
Mushtarak ,-~-

This refers to that word which denotes two or more meanings.
Ruling:

1). After contemplating and reflecting upon the Qur`aan Majeed,
one should derive a preferred meaning and practice should be made
on the preferred derivative.

2). Only a single meaning is to be taken at any given time or
occasion.
17

Example:

As mentioned in the Qur`aan Majeed with regard to the Iddat of
talaaq:

,- ->-
three periods (Baqarah 228)
The word ,- is Mushtarak. This word means purity and
menstruation. The Ahnaaf have taken the meaning to be
menstruation based on certain proofs.

Mu`awwal ;-

This refers to Mushtarak where one particular meaning has been
accepted and is practiced upon.

Ruling:

Practice thereupon is obligatory, with the possibility of being in
error.

Example:

To take one meaning of the word ,- from the example cited in
Mushtarak.

QUESTIONS

1. 1. 1. 1. Define Aam Define Aam Define Aam Define Aam
2. 2. 2. 2. How How How How many many many many different different different different types of Aam are there? types of Aam are there? types of Aam are there? types of Aam are there?
3. 3. 3. 3. Define Define Define Define Aam Mahmool bar Umoom? Aam Mahmool bar Umoom? Aam Mahmool bar Umoom? Aam Mahmool bar Umoom?
4. 4. 4. 4. What is the ruling of this type? What is the ruling of this type? What is the ruling of this type? What is the ruling of this type?
18
5. 5. 5. 5. Dilate citing an example Dilate citing an example Dilate citing an example Dilate citing an example
6. 6. 6. 6. What is What is What is What is Aam Mahmool bar Khusoos? Aam Mahmool bar Khusoos? Aam Mahmool bar Khusoos? Aam Mahmool bar Khusoos?
7. 7. 7. 7. What is the ruling of this type? What is the ruling of this type? What is the ruling of this type? What is the ruling of this type?
8. 8. 8. 8. Cite an example Cite an example Cite an example Cite an example
9. 9. 9. 9. Define Mushtarak Define Mushtarak Define Mushtarak Define Mushtarak
10. 10. 10. 10. Give the ruling of Mushtarak by explaining w Give the ruling of Mushtarak by explaining w Give the ruling of Mushtarak by explaining w Give the ruling of Mushtarak by explaining with an example ith an example ith an example ith an example
11. 11. 11. 11. What is the ruling of Mu`awwal? What is the ruling of Mu`awwal? What is the ruling of Mu`awwal? What is the ruling of Mu`awwal?
12. 12. 12. 12. What is Mu`awwal? What is Mu`awwal? What is Mu`awwal? What is Mu`awwal?
13. 13. 13. 13. Cite an example of Mu`awwal Cite an example of Mu`awwal Cite an example of Mu`awwal Cite an example of Mu`awwal































THE SECOND TYPE

19
With regard to the external and apparent meaning

Zaahir ,'= With regard to the external meaning of words, there
are four types; Zaahir, Nass, Mufassar and Muhkam.

1). Zaahir ,'= Definition:

This refers to that word, where the listener understands its import by
merely listening to it, without any reflection or contemplation.

Hukm

Whether it is Aam or Khaas, practice thereupon is obligatory, with
the possibility of it being subject to Ta`weel (interpretation),
Takhsees (exceptions) and Naskh (abrogation).

Example

,-' = _,-' - .=
Allaah has permitted trade and forbidden usury (Baqarah 275)
From this Aayat, every listener will immediately understand the
permissibility of trade and prohibition of usury.

2). Nass - Definition:

It is that Zaahir which is also the crux and object of the speech.

Hukm

Practice thereupon is obligatory with the possibility of interpretation
and abrogation.

20
Example

The Zaahir (apparent) meaning of the abovementioned Aayat is the
permissibility of trade and prohibition of usury, whereas the crux
and objective was to differentiate between trade and usury.

3). Mufassar ,~-- Definition:

This is that Zaahir, which is the objective of the speech and where
the Speaker had Himself excluded the possibility of (further)
interpretation and Takhsees.

Hukm

Practice thereupon is obligatory, however, the possibility of
abrogation still remains.

Example:

-' Q-,~-- ;--'-
fight against all the mushrikeen (Taubah 36)
In this Aayat the word -' has excluded the possibility of any
exceptions amongst Mushrikeen.

4). Muhkam ;-=- Definition

This is that Zaahir which is the objective of the speech, and wherein
there is no possibility of anything further; no (further) interpretation,
Takhsees (exception) or Naskh (abrogation).

Hukm

21
Practice thereupon is obligatory Qat`an (definitive) without any
possibilities.

Example:

-- --- Q- = ;=--- V
and nor should you ever marry his wives after him (death) (Ahzab
53)
This ruling applies to the Ummat of Nabi and their prohibition
from marrying any of his surviving spouses. This ruling applies
definitively and is not abrogated.

QUESTIONS

1. 1. 1. 1. How many different types of words are there with regard to their How many different types of words are there with regard to their How many different types of words are there with regard to their How many different types of words are there with regard to their
apparent meaning and what are they? apparent meaning and what are they? apparent meaning and what are they? apparent meaning and what are they?
2. 2. 2. 2. Define Zaahir Define Zaahir Define Zaahir Define Zaahir
3. 3. 3. 3. What is the Hukm of Zaahir? What is the Hukm of Zaahir? What is the Hukm of Zaahir? What is the Hukm of Zaahir?
4. 4. 4. 4. Cite an example. Cite an example. Cite an example. Cite an example.
5. 5. 5. 5. Define Nass Define Nass Define Nass Define Nass
6. 6. 6. 6. What is the ruling of Nass? What is the ruling of Nass? What is the ruling of Nass? What is the ruling of Nass?
7. 7. 7. 7. Cite and example. Cite and example. Cite and example. Cite and example.
8. 8. 8. 8. Define Mufa Define Mufa Define Mufa Define Mufassar ssar ssar ssar
9. 9. 9. 9. What is the ruling of Mufassar? What is the ruling of Mufassar? What is the ruling of Mufassar? What is the ruling of Mufassar?
10. 10. 10. 10. Cite and example. Cite and example. Cite and example. Cite and example.
11. 11. 11. 11. Define Muhkam Define Muhkam Define Muhkam Define Muhkam
12. 12. 12. 12. What is the ruling of Muhkam? What is the ruling of Muhkam? What is the ruling of Muhkam? What is the ruling of Muhkam?
13. 13. 13. 13. Cite and example. Cite and example. Cite and example. Cite and example.







22
THE THIRD TYPE

With regard to the hidden meaning

Above we explained the type where the apparent meaning of words
were discussed, now we discuss the opposite, that is, where the
hidden meaning of words are concerned. Here also there are four
types; Khafi, Mushkil, Mujmal and Mutashaabih.

1). Khafi -= Definition

This is that word, which insofar as its apparent meaning is
concerned it is clear, however there is something hidden therein
with regard to some other factor. However this hidden aspect is
removed after minimal interpretation.

Hukm

By means of reflection and contemplation, the reason for the hidden
meaning must be sought. After finding an appropriate meaning, its
ruling falls under that of Zaahir.

Example

The word Saariq is used to denote a thief. Nevertheless, it has a
hidden (Khafi) denotation to a pickpocket and Kafan-thief. Although
these (latter) two have their own individual words, the result is the
same, where a protected thing is taken. The difference does come in
the fact that a thief steals when the owner of the stolen article is
unaware and not present, whereas a victim of a pickpocket is awake
and present. It is for this reason that the pickpocket will be included
in the ruling of a thief, but not a kafan-thief, because a kafan is not a
protected thing.
23
2). Mushkil J-~--- Definition:

This is that word where the hidden meaning is used in various
different contexts. Or because the ambiguity reaches such an extent
that its import is not clear anymore. A considerable amount of
reflection and contemplation is required to remove the ambiguity.

Hukm:

Firstly, research should be made on the various meanings which
apply to the word. After reflection, a suitable and appropriate
meaning should be specified.

Example
,- ->- Q)~--'- Q~-,-- '--=--
and the divorced women shall wait for 3 periods (Baqarah 228)
In this Aayat the word ,- is Mushkil, because there are various
possible meanings for this word. After reflection, a suitable meaning
is specified and then by taking the assistance of various proofs this
meaning is further entrenched. One group has taken the meaning to
be purity and another group has taken it to mean menstruation.

3). Mujmal J-=--- Definition

This is where the hidden meaning is not established by reflection
and contemplation, except by dilation of the Speaker.

Hukm

There should be certainty in the meaning and import to be true and
the Haqq. This should be our firm belief. No meaning should be
attached (to such words) until clarity is not attained or forthcoming
from the Speaker. This clarity can either be by means of speech or
24
action.

Example

;-~,- ;=~-
and wipe (pass wet hands over) your heads (Maaidah 6)
In this Aayat mention is made of Masah of the head. However there
is no limit specified. Nabi had demonstrated by means of action
the masah of the head the limit to the size of the forehead.

4). Mutashaabih -'~---- Definition

This is similar to Mujmal, however the true meaning of the word is
not known to us in this world, owing to the fact that the Speaker has
not clarified it for us.

Hukm

After accepting and having belief that the meaning (whatever it is)
to be true and Haqq, we adopt silence (i.e. No further discussion is
allowed into the meaning of such words).

Example

These are the Huroof-e-Muqatta'aat. That is those words which are
the beginning of most Surahs, like Alif, Laam Meem, Haa, Meem,
etc. The meaning of such words are unknown to us.
QUESTIONS

1. 1. 1. 1. As far as the hidden meanings of words are concerned, how many As far as the hidden meanings of words are concerned, how many As far as the hidden meanings of words are concerned, how many As far as the hidden meanings of words are concerned, how many
types are there and what are they? types are there and what are they? types are there and what are they? types are there and what are they?
2. 2. 2. 2. Define Khafi Define Khafi Define Khafi Define Khafi
3. 3. 3. 3. What is the Hukm of Khafi What is the Hukm of Khafi What is the Hukm of Khafi What is the Hukm of Khafi
4. 4. 4. 4. Cite and example of K Cite and example of K Cite and example of K Cite and example of Khafi hafi hafi hafi
25
5. 5. 5. 5. Define Mushkil Define Mushkil Define Mushkil Define Mushkil
6. 6. 6. 6. What is the ruling of Mushkil? What is the ruling of Mushkil? What is the ruling of Mushkil? What is the ruling of Mushkil?
7. 7. 7. 7. Cite an example of Mushkil Cite an example of Mushkil Cite an example of Mushkil Cite an example of Mushkil
8. 8. 8. 8. What is Mujmal? What is Mujmal? What is Mujmal? What is Mujmal?
9. 9. 9. 9. What is the Hukm of Mujmal? What is the Hukm of Mujmal? What is the Hukm of Mujmal? What is the Hukm of Mujmal?
10. 10. 10. 10. Explain by means of an example Explain by means of an example Explain by means of an example Explain by means of an example
11. 11. 11. 11. Explain the ruling and example of Mutashaabih Explain the ruling and example of Mutashaabih Explain the ruling and example of Mutashaabih Explain the ruling and example of Mutashaabih





































26
THE FOURTH TYPE

Words insofar as their usage is concerned

Words are divided into two types insofar as the usage of their
meanings are concerned: Haqeeqat and Majaaz. These two are
further subdivided into two types each: Sareeh and Kinaayah. This
lesson discusses these four types.

1). Haqeeqat ~---=-- Definition

That word whose usage denotes the objective (of the sentence).

Hukm

The word should be considered in accordance to the (literal)
meaning it is used for and the appropriate ruling applied.

Example

-=~- ;;-- Q---')-'-
O you who believe bow down and prostrate yourself (Hajj 77)
The objective of this Aayat is to denote the ruling of Ruku and
Sajdah.

2). Majaaz '=-Definition

This refers to that word whose usage, owing to some appropriate
factor and context, denotes something other than the literal meaning.



27
Hukm

The figurative meaning will be taken into consideration.

Example
,-= ,~- - -
Verily, I saw myself pressing wine (Yusuf 36)
In this Aayat, the word ,-= is Majaaz. The literal meaning of the
word is wine, but in this context it means the grapes used in wine-
making. The reason for this is that wine itself is not squeezed or
crushed.

3). Sareeh _-,~- Definition

This is where the objective of the word is clear and unambiguous. A
person understands it by mere listening.

Hukm

The effect and ruling of such words are applied to the actual speech
without any hesitation or reflection. That is, there is no need for any
intention, neither is it considered.

Example

In Haqeeqat: ~- and ~-,-~, etc. are words used in buying and
selling and are used in their literal sense.

In Majaaz: If a person says ,=~- -- Q- ~-, then it means
that he ate the fruit from the tree.

28
4). Kinaayah -'--- Definition

This is where the objective is not the apparent. By the mere listening
to the word the import is not understood.

Hukm

The ruling of the Zaahir meaning would be suspended until the
objective is made clear either by the occasion, context or the
speaker's intention becomes clear.

Example

In Haqeeqat: A group of people are discussing a certain person, who
suddenly makes an appearance. By the group saying amongst
themselves, "He has come" , they all understand what is meant.

In Majaaz: By saying ---, the speaker means talaaq. This word
is both kinaayah and majaaz. It is kinaayah because the word means
to count, and in this case what is there to count? This is not
mentioned hence the mere mention of the word does not make clear
the meaning. Therefore this is kinaayah. The object of this word is
made apparent by occasion or context. It is majaaz because the
meaning is taken to be the counting of the days of iddat. In this case
there is a clear connection.

QUESTIONS
1. 1. 1. 1. How many types of words are there with rega How many types of words are there with rega How many types of words are there with rega How many types of words are there with regard to their usage and rd to their usage and rd to their usage and rd to their usage and
what are they? what are they? what are they? what are they?
2. 2. 2. 2. Define Haqeeqat Define Haqeeqat Define Haqeeqat Define Haqeeqat
3. 3. 3. 3. What is the ruling of Haqeeqat? What is the ruling of Haqeeqat? What is the ruling of Haqeeqat? What is the ruling of Haqeeqat?
4. 4. 4. 4. Cite an example Cite an example Cite an example Cite an example
5. 5. 5. 5. Define Majaaz? Define Majaaz? Define Majaaz? Define Majaaz?
6. 6. 6. 6. What is the What is the What is the What is the Hukm of Majaaz? Hukm of Majaaz? Hukm of Majaaz? Hukm of Majaaz?
7. 7. 7. 7. Cite an example Cite an example Cite an example Cite an example
8. 8. 8. 8. What is the Hukm of Sareeh? What is the Hukm of Sareeh? What is the Hukm of Sareeh? What is the Hukm of Sareeh?
29
9. 9. 9. 9. What is Sareeh? What is Sareeh? What is Sareeh? What is Sareeh?
10. 10. 10. 10. Cite an example Cite an example Cite an example Cite an example
11. 11. 11. 11. D DD Describe Kinaayah escribe Kinaayah escribe Kinaayah escribe Kinaayah
12. 12. 12. 12. What is the Hukm of Kinaayah? What is the Hukm of Kinaayah? What is the Hukm of Kinaayah? What is the Hukm of Kinaayah?
13. 13. 13. 13. Cite examples of Kinaayah Cite examples of Kinaayah Cite examples of Kinaayah Cite examples of Kinaayah































30
THE FIFTH TYPE

The method of ascertaining the desired meaning

There are four ways of ascertaining the import and objective of the
speaker: Ibaaratun Nass, Ishaaratun Nass, Dalaalatun Nass and
Iqtidhaa'un Nass.

1). Ibaaratun Nass -- '-- Definition

This is where the sentence indicates towards that Hukm for which
the statement was (actually) made.

Hukm

Practice and consideration thereof is obligatory.

Example

'- >- --- '~-- Q- ;-- '= '- ;=--'-
then marry women of your liking (choice) 2 or 3 or 4 (An Nisaa
3)
In this Aayat there is consent, by way of Ibaaratun Nass, for general
Nikah (marriage) and for taking upto four wives in marriage.

2). Ishaaratun Nass -- '~ Definition

This is where the words indicate to such a Hukm, which is neither
the (actual) reason why the statement was made, nor is its import
clearly understood, except after slight reflection and contemplation.


31
Hukm

The ruling is understood after slight reflection, whereafter practice
thereupon is obligatory.

Example

,--'- Q)-;~ Q)- - ;-;-- --
the father of the child shall bear the cost of the mothers food and
clothing in a reasonable basis (Baqarah 233)
This is an example of both, Ibaaratun Nass and Ishaaratun Nass. It
falls under Ibaaratun Nass since it indicates the obligation of
maintaining the suckling mother.

It is Ishaaratun Nass, because after slight reflection, one
understands that the lineage of children is established through their
fathers. That is, the family of the father are regarded as the family of
the children (i.e. their lineage). This is established, even though this
is not the true reason for this statement having been made neither is
this factor clearly obvious from the mere text.

3). Dalaalatun Nass -- -V Definition

This is where the reason for the Hukm, which is present in the
words, is indicated towards by the terminology used. This is done in
such a way where the Ahle Lughat lexicographers will easily
understand its import.

Hukm

The reason (Illat) for the Hukm in the given statement is wide-
ranging owing to its (general) usage. That is, wherever the Illat is
found, the Hukm will apply.

32
Example

V '-)- J--
say not to them a word of disrespect (Al- Israa 23)
In this Aayat, the children have been instructed not to say Oof to
their parents. The experts in speech will easily understand that here
is meant that they (the parents) should not be caused difficulty and
inconvenience by their children. The object here is that the parents
should be saved from all types of difficulty and troubles (from their
children), and not only from this particular word (Oof).

4). Iqtidaa`un Nass --'~-- Definition

This is where the words indicate towards such a meaning beyond
that of the actual Nass, whereupon the truthfulness and veracity of
the statement, in accordance to the Shariah, depends.

Hukm

Consideration of the statement and the Hukm will be placed
thereupon in proportion to the necessity.

Example

Nabi said:

'---'- '--V '--

The apparent meaning of the statement is: No action comes into
existence without any intention. This is not the intended meaning of
this statement. From this we understand that Nabi meant
something else, i.e. that the reward (Thawaab) of actions depend on
their intentions. The word Thawaab is beyond (extra) to the actual
text, and its inclusion and consideration was necessary to take into
33
account, without which the statement would be meaningless and
incorrect.

QUESTIONS

1. 1. 1. 1. How many types of speech are there with regard to the object of the How many types of speech are there with regard to the object of the How many types of speech are there with regard to the object of the How many types of speech are there with regard to the object of the
speaker, and what are they? speaker, and what are they? speaker, and what are they? speaker, and what are they?
2. 2. 2. 2. Define Ibaaratun Nass Define Ibaaratun Nass Define Ibaaratun Nass Define Ibaaratun Nass
3. 3. 3. 3. What is the Hukm of Ibaaratun Nass? What is the Hukm of Ibaaratun Nass? What is the Hukm of Ibaaratun Nass? What is the Hukm of Ibaaratun Nass?
4. 4. 4. 4. Cite and example Cite and example Cite and example Cite and example
5. 5. 5. 5. Define Define Define Define Ishaaratun Ishaaratun Ishaaratun Ishaaratun Na Na Na Nass ss ss ss
6. 6. 6. 6. What is the Hukm of I What is the Hukm of I What is the Hukm of I What is the Hukm of Ishaara shaara shaara shaaratun Nass? tun Nass? tun Nass? tun Nass?
7. 7. 7. 7. Cite and example Cite and example Cite and example Cite and example
8. 8. 8. 8. Define Dalaalatun Nass Define Dalaalatun Nass Define Dalaalatun Nass Define Dalaalatun Nass
9. 9. 9. 9. What is the Hukm of Dalaalatun Nass? What is the Hukm of Dalaalatun Nass? What is the Hukm of Dalaalatun Nass? What is the Hukm of Dalaalatun Nass?
10. 10. 10. 10. Cite and example Cite and example Cite and example Cite and example
11. 11. 11. 11. Define Iqtidhaa`un Nass Define Iqtidhaa`un Nass Define Iqtidhaa`un Nass Define Iqtidhaa`un Nass
12. 12. 12. 12. What is the Hukm of Iqtidhaa`un Nass? What is the Hukm of Iqtidhaa`un Nass? What is the Hukm of Iqtidhaa`un Nass? What is the Hukm of Iqtidhaa`un Nass?
13. 13. 13. 13. Cite and example Cite and example Cite and example Cite and example






















34
THE TYPES OF BAYAAN

Sometimes the speaker discerns the need to dilate and expound on
his speech. This dilation is classified under the title of Bayaan by
the Usooliyeen. Since the objectives of this dilation and expansion
(of speech) are few, hence they have been classified under five
categories.

Bayaan '-- Dictionary Definition

To make clear, apparent, expound, dilate.

Shar`i Meaning

It refers to that speech or part of speech where the objective of the
speaker is made clear.

Types There are five:

Bayaan-e-Taqreer, Bayaan-e-Tafseer, Bayaan-e-Taghreer, Bayaan-
e-Dharoorat and Bayaan-e-Tabdeel.

1). Bayaan-e-Taqreer ,-,-- '-- Definition

To emphasise and accentuate a statement with such words that the
possibility of any figurative meaning or exclusions are clearly ruled
out.



35
Hukm

It is considered under all circumstances, regardless of whether the
preceding sentence is joined or not.

Example

-='-=- ,-=- ,-'= V

In this Aayaat the word ,-'= is Majaaz, but the words that follow,
clearly removes this possibility.

2). Bayaan-e-Tafseer ,-~-- '-- Definition

To expound and explain that word / sentence whose objective was
unclear.

For example to clarify the objective of Mujmal or to specify the
objective of a Mushtarak.

Hukm

It will be considered whether they (the sentence and the explanation)
are joined or not.

Example

The concept of Salaat, Zakaat, etc., are unclear and vague (Mujmal)
in the Qur`aan Majeed. The vagueness and unclarity is removed by
the actions and explanations of Nabi .

36
3). Bayaan-e-Taghyeer ,--- '---- Definition

To change an established ruling by the following sentence.

Hukm

If they are joined (one following the other), then it will be
considered, otherwise not.

Example

After a sentence there appears an attached condition or exception. If
it follows immediately, then it is taken into consideration, otherwise
not. For example, if one has to say to his slave: "You are free, if you
enter the house."
Or if one says: "I owe so and so a thousand, less a hundred.

4. Bayaan-e-Dharoorat '-- ,~ -- Definition

According to necessity, to make a non-statement the means of
expounding a given statement.

Hukm

It will be taken into consideration and practiced upon without the
condition of being joined or not.

Example

Silence is taken as speech. For example,

~--- ->- -;- -
In this Aayat the inheritance share of the mother is mentioned, and
not that of the father. It will necessarily follow that after the mother
37
the balance will be for the father. Likewise, if the occasion arises
where a person must say something and he maintains silence, then
this silence will be taken as a statement. For example, whenever
Nabi saw someone executing an action and he maintained silence,
then this silence was taken as consent for the permissibility of that
act.

5). Bayaan-e-Tabdeel J---- '---- Definition

This is where a latter sentence cancels out and abrogates a former
one. This is also known as Naskh (abrogation).

Hukm

The ruling of the former sentence is cancelled and practice is to be
made on the latter sentence.

Example

After migration to Madinah Munawwarah, Salaat was made facing
the direction of Baitul Maqdis, for the first few months. This ruling
was abrogated by the Aayat:

,=- -=~-- ,=~ 4)= ;-
Thereafter Salaat was made facing the direction of Baitullaah.
QUESTIONS
1. 1. 1. 1. What is the reality of Bayaan? What is the reality of Bayaan? What is the reality of Bayaan? What is the reality of Bayaan?
2. 2. 2. 2. What are the dictionary and Shar'i definitions of Bayaan? What are the dictionary and Shar'i definitions of Bayaan? What are the dictionary and Shar'i definitions of Bayaan? What are the dictionary and Shar'i definitions of Bayaan?
3. 3. 3. 3. How many types of Bayaan are there and what are they? How many types of Bayaan are there and what are they? How many types of Bayaan are there and what are they? How many types of Bayaan are there and what are they?
4. 4. 4. 4. Define Bayaan Define Bayaan Define Bayaan Define Bayaan- -- -e ee e- -- -Taqreer Taqreer Taqreer Taqreer
5. 5. 5. 5. What is its Hukm? What is its Hukm? What is its Hukm? What is its Hukm?
6. 6. 6. 6. Cite and exa Cite and exa Cite and exa Cite and example mple mple mple
7. 7. 7. 7. Define Bayaan Define Bayaan Define Bayaan Define Bayaan- -- -e ee e- -- -Tafseer Tafseer Tafseer Tafseer
8. 8. 8. 8. What is its Hukm? What is its Hukm? What is its Hukm? What is its Hukm?
9. 9. 9. 9. Cite and example Cite and example Cite and example Cite and example
38
10. 10. 10. 10. Define Bayaan Define Bayaan Define Bayaan Define Bayaan- -- -e ee e- -- -Taghyaar Taghyaar Taghyaar Taghyaar
11. 11. 11. 11. What is its Hukm? What is its Hukm? What is its Hukm? What is its Hukm?
12. 12. 12. 12. Cite and example Cite and example Cite and example Cite and example
13. 13. 13. 13. Define Bayaan Define Bayaan Define Bayaan Define Bayaan- -- -e ee e- -- -Dharoorat Dharoorat Dharoorat Dharoorat
14. 14. 14. 14. What is its Hukm? What is its Hukm? What is its Hukm? What is its Hukm?
15. 15. 15. 15. Cite and example Cite and example Cite and example Cite and example
16. 16. 16. 16. Define Bayaan Define Bayaan Define Bayaan Define Bayaan- -- -e ee e- -- -Tabdeel Tabdeel Tabdeel Tabdeel
17. 17. 17. 17. What i What i What i What is its Hukm? s its Hukm? s its Hukm? s its Hukm?
18. 18. 18. 18. Cite and example Cite and example Cite and example Cite and example













39
SUNNAT~-~
Dictionary definition:

A path, way, habit, action.
-, - - To make common/initiate, to make a way.

Shar'i meaning:

The statements and actions of Nabi and his Sahaabah.

The connection of the Sunnat to the Qur'aan Majeed

It is the commentary and interpretation thereof. The explanation and
interpretation which Nabi imparted and what the Sahaabah taught
after learning from him, all fall under the (classification of) Sunnat.

Discussion / Classification of Sunnat

This is divided into two sections: The first is related to the actual
physical words. These are subject to the same details and
classifications which were described under the section relating to the
Qur'aan Majeed.

The second is in relation to the special and unique rules pertaining to
the Hadith. These will be discussed under the section of Sunnat.

The Usooli parts of Sunnat

There are two. The first part is that where the names of the narrators
are mentioned.
40
The second part comprises the actual text of the speech of either
Nabi or his Sahaabah.

The first part is called the sanad ) --- ( , and the narrators the raawis
) ( . If the Hadith is narrated with the sanad ) --- ( , then it is called
musnad ) ---- ( .

Those which are not reported with the narrators, are called mursal
) .-- ( .

Both, musnad and mursal are taken into consideration, on condition
that there exists no undesirable attachment when subjected to the
usools (principles) and qawaa'id (rules).

The second part is called the matan or marwi.

There are various categories of musnad in relation to the number of
narrators and other factors; mutawaatirah, mash'hoor and khabar-e-
waahid.

1). Mutawaatirah -,-;--

This refers to those narrations whose narrators are so numerous,
right from the inception to the end, that owing to their number and
integrity (piety and honour), there is no possibility of falsehood or
doubt. The related issue is a thing of perception, i.e. it is something
which can be seen or heard.

Ruling Hukm

Belief and practice upon it is obligatory and refutation thereof is
kufr.


41
Example

The Rakaats of Salaat

2). Mashhoor ;)~-

This refers to those narrations where the narrators during the era of
the Sahaabah were only one, two or a handful. However, during
the era of the Tabieen and the subsequent eras, the narrators reached
the limit of Tawaatur (continuous chain).

Hukm

Practice thereupon with contentment (of it being authentic) is
necessary. To reject it is deviation, but not kufr.
Example
The Hadith of stoning of the married adulterer.

3). Khabar-e-Waahid -= ,-=

Those narrations where the number of narrators never even reached
the level Shohrat (being Mashhoor). That is, those narrations
where there was only one or two narrators right from the beginning
to the end, or in any one of the eras.

Hukm

It is given the benefit of the doubt and practice thereupon is in
accordance to the conditions and circumstantial evidences attached
thereto.



42
Example

The general Ahaadith are Khabar-e-Waahid.

All types of (Shari) laws are derived from Mutawaatirah and
Mashhoor. They are also used to substantiate and confirm the laws
found in the text of the Qur`aan Majeed. Khabar-e-Waahid is used
to establish Aqaaid (beliefs). Punishment and retribution is not
established by it. The text of the Qur`aan Majeed cannot be
complimented by the use of Khabar-e-Waahid.

QUESTIONS

1. 1. 1. 1. What is the dictionary definition of Sunnat? What is the dictionary definition of Sunnat? What is the dictionary definition of Sunnat? What is the dictionary definition of Sunnat?
2. 2. 2. 2. Give the Shar Give the Shar Give the Shar Give the Shari ii i meaning of Sunnat meaning of Sunnat meaning of Sunnat meaning of Sunnat
3. 3. 3. 3. What relationship does the Sunnat have with the Qur`aan What relationship does the Sunnat have with the Qur`aan What relationship does the Sunnat have with the Qur`aan What relationship does the Sunnat have with the Qur`aan Majeed? Majeed? Majeed? Majeed?
4. 4. 4. 4. How How How How many many many many divisions are there in the discussion of Sunnat and what divisions are there in the discussion of Sunnat and what divisions are there in the discussion of Sunnat and what divisions are there in the discussion of Sunnat and what
are they? are they? are they? are they?
5. 5. 5. 5. How many Usooli parts are there to Sunnat and what are they? How many Usooli parts are there to Sunnat and what are they? How many Usooli parts are there to Sunnat and what are they? How many Usooli parts are there to Sunnat and what are they?
6. 6. 6. 6. What is sanad and isnaad? What is sanad and isnaad? What is sanad and isnaad? What is sanad and isnaad?
7. 7. 7. 7. What is a Raawi? What is a Raawi? What is a Raawi? What is a Raawi?
8. 8. 8. 8. What is a masnad? What is a masnad? What is a masnad? What is a masnad?
9. 9. 9. 9. What is called a Mursal? What is called a Mursal? What is called a Mursal? What is called a Mursal?
10. 10. 10. 10. What is considered in mu What is considered in mu What is considered in mu What is considered in musnad and mursal? snad and mursal? snad and mursal? snad and mursal?
11. 11. 11. 11. What is the second part called? What is the second part called? What is the second part called? What is the second part called?
12. 12. 12. 12. How many types of musnad are there and what are they? How many types of musnad are there and what are they? How many types of musnad are there and what are they? How many types of musnad are there and what are they?
13. 13. 13. 13. What is Mutawaatirah? What is Mutawaatirah? What is Mutawaatirah? What is Mutawaatirah?
14. 14. 14. 14. Give its Hukm and an example Give its Hukm and an example Give its Hukm and an example Give its Hukm and an example
15. 15. 15. 15. What is the definition of Mashhoor? Cite its Hukm and example What is the definition of Mashhoor? Cite its Hukm and example What is the definition of Mashhoor? Cite its Hukm and example What is the definition of Mashhoor? Cite its Hukm and example
16. 16. 16. 16. Define Khabar Define Khabar Define Khabar Define Khabar- -- -e ee e- -- -Waahid and what is its Waahid and what is its Waahid and what is its Waahid and what is its Hukm and cite an Hukm and cite an Hukm and cite an Hukm and cite an example example example example
17. 17. 17. 17. What aspects are established via Mashhoor and Mutawaatirah? What aspects are established via Mashhoor and Mutawaatirah? What aspects are established via Mashhoor and Mutawaatirah? What aspects are established via Mashhoor and Mutawaatirah?
18. 18. 18. 18. What is established through Khabar What is established through Khabar What is established through Khabar What is established through Khabar- -- -e ee e- -- -Waahid? Waahid? Waahid? Waahid?
19. 19. 19. 19. What is allowed to compliment (the interpretation of) the Qur`aan What is allowed to compliment (the interpretation of) the Qur`aan What is allowed to compliment (the interpretation of) the Qur`aan What is allowed to compliment (the interpretation of) the Qur`aan
Majeed and what is not? Majeed and what is not? Majeed and what is not? Majeed and what is not?





43
IJMA'-=

Dictionary meaning:

To make a decisive verdict, to be unanimous on a certain thing.

Shari meaning

After the demise of Nabi , for all the Ulama-e-Mujtahideen of any
particular era to be unanimous on an issue, on condition that it is
with all its Furooaat (subsidiaries). It is not considered with regard
to Usool, i.e. basic beliefs.

1). A fundamental (constituent of Ijma): Unanimity.
2). Personalities (instrumental in forming Ijma): Reliable
Ulama-e-Mujtahideen
3). Reality: Unanimity on views and opinions
4). Condition: Unanimity of all the Ulama of that era
5). Sources: Are three, Kitaab (Qur`aan Majeed), Sunnat and
Qiyaas.
6). Need: If any ruling cannot be found with certainty in the
Qur`aan Majeed or Sunnat, then reflection and
contemplation is required thereupon, wherein a solution is
sought. If this solution is derived by unanimity and
collectively, then it is classified as Ijma.
7). Types: With regard to its being transmitted, there are three:
Mutawaatirah, Mashhoor and Aahaadi;

1). Mutawaatir ) ,-;-- ( :

That which has been transmitted without any difference of opinion
in a continuous chain, right from the era of the Sahaabah .

44
Hukm: Belief and practice are both obligatory. Refutation is kufr.

Example: Unanimity on the Khilaafat of Hadhrat Abu Bakr .

2). Mashhoor ) ;)~- ( :

That which has been transmitted with unanimity from after the first
era.

Hukm: Contentment and practice are necessary, and not belief.
Refutation is deviation.

Example: The impermissibility of Muta (temporary Nikah). There
are a few narrations of permissibility from a few Sahaabah .
However, there is consensus amongst the Ulama of the Ahle Sunnat
Wal Jamaat on its Hurmat (being totally impermissible).

3). Aahaadi ) '= ( :

That which is transmitted by way of individuality (i.e. its chain of
narrators are very few in number).

Hukm: Similar to Khabar-e-Waahid. It is given the benefit of the
doubt. Neither is belief nor contentment necessary.

Example: The unanimity of the four Rakaats before the Fardh of
Zuhr Salaat. This has been reported in the Aahaad.

QUESTIONS
1. 1. 1. 1. What is the dictionary meaning of Ijma? What is the dictionary meaning of Ijma? What is the dictionary meaning of Ijma? What is the dictionary meaning of Ijma?
2. 2. 2. 2. Define Ijma according to the Shariah Define Ijma according to the Shariah Define Ijma according to the Shariah Define Ijma according to the Shariah
3. 3. 3. 3. What is the fundamental constituent of Ijma? What is the fundamental constituent of Ijma? What is the fundamental constituent of Ijma? What is the fundamental constituent of Ijma?
4. 4. 4. 4. What is the condition of Ijma? What is the condition of Ijma? What is the condition of Ijma? What is the condition of Ijma?
5. 5. 5. 5. Who are the personalities eligible to make Ijma? Who are the personalities eligible to make Ijma? Who are the personalities eligible to make Ijma? Who are the personalities eligible to make Ijma?
6. 6. 6. 6. What are the sources What are the sources What are the sources What are the sources and foundations of Ijma? and foundations of Ijma? and foundations of Ijma? and foundations of Ijma?
7. 7. 7. 7. What is the reality of Ijma? What is the reality of Ijma? What is the reality of Ijma? What is the reality of Ijma?
45
8. 8. 8. 8. What is the necessity of Ijma? What is the necessity of Ijma? What is the necessity of Ijma? What is the necessity of Ijma?
9. 9. 9. 9. How many types of Ijma are there and what are they? How many types of Ijma are there and what are they? How many types of Ijma are there and what are they? How many types of Ijma are there and what are they?
10. 10. 10. 10. Explain Mutawaatir, together with its Hukm and an example Explain Mutawaatir, together with its Hukm and an example Explain Mutawaatir, together with its Hukm and an example Explain Mutawaatir, together with its Hukm and an example
11. 11. 11. 11. Define Mashhoor together with its Hukm and an example Define Mashhoor together with its Hukm and an example Define Mashhoor together with its Hukm and an example Define Mashhoor together with its Hukm and an example
12. 12. 12. 12. What i What i What i What is classified as Aahaadi, and what is its Hukm and cite an s classified as Aahaadi, and what is its Hukm and cite an s classified as Aahaadi, and what is its Hukm and cite an s classified as Aahaadi, and what is its Hukm and cite an
example. example. example. example.




































46
QIYAAS'--

Dictionary meaning:

To measure, estimate, opine, make straight.

Shari meaning:

Based on a common Illat (causative factor), to establish the
ruling/law of a defined thing and attach it to an undefined thing.

Necessity,~ :

If there is no solution found to a certain matter in the Qur`aan
Majeed and Sunnat, and there also exists no Ijma, then after
contemplating and reflecting upon these three sources, one reaches a
suitable solution. This individual reflection and seeking for a
solution is termed Qiyaas.

Reality~---= :

This is not the mere opinion of anyone. In fact, with relation to the
matter at hand, one has to carefully reflect and bring it under
scrutiny in the light of what has been established (by means of the
former three sources). Thereafter, a suitable ruling will be attached
thereto after a common causative factor has been established
(between the new masalah and an already established ruling).

Basis'--- : Kitaab (Qur`aan Majeed), Sunnat and Ijma

Application-;- : On corollary masaail besides beliefs and Aqaaid.
47
Constituents of Qiyaas'-- ' : There are four: Maqees alaih,
Maqees, Illat-e-Jaamia and Hukm-e-Jaami

1). Maqees alaih --- Q--- : That thing which has an established
ruling

2). MaqeesQ--- : That issue for which a ruling is sought

3). Illat-e-Jaamia -'= ~-- : That quality which is the basis for the
ruling which is found in the Maqees alaih, and which is common
with the Maqees.

4). Hukm-e-Jaami -'= ;-= : It is that ruling which by means of a
causative factor (Illat) was extracted from the Maqees alaih and
established for the Maqees.

Hukm of Qiyaas:

The ruling of the Maqees alaih will be applied to the Maqees with
relative certainty, and with the possibility of error.

Example:

Wine and all other intoxicants are Haraam due to the common factor
of having the ability to intoxicate. Wine is the Maqees alaih and all
other intoxicants will be the Maqees. Intoxication will be the Illat-e-
Jaamia and Hurmat (being Haraam) is the Hukm-e-Jaami. The
impermissibility and Hurmat of wine is established from the
Qur`aan Majeed.

QUESTIONS
1. 1. 1. 1. What is the dictionary meaning of Qiyaas? What is the dictionary meaning of Qiyaas? What is the dictionary meaning of Qiyaas? What is the dictionary meaning of Qiyaas?
2. 2. 2. 2. Give the Shari meaning Give the Shari meaning Give the Shari meaning Give the Shari meaning
3. 3. 3. 3. What is t What is t What is t What is the necessity of Qiyaas? he necessity of Qiyaas? he necessity of Qiyaas? he necessity of Qiyaas?
4. 4. 4. 4. What is the reality of Qiyaas? What is the reality of Qiyaas? What is the reality of Qiyaas? What is the reality of Qiyaas?
5. 5. 5. 5. What is the basis of Qiyaas? What is the basis of Qiyaas? What is the basis of Qiyaas? What is the basis of Qiyaas?
48
6. 6. 6. 6. What is the application of Qiyaas? What is the application of Qiyaas? What is the application of Qiyaas? What is the application of Qiyaas?
7. 7. 7. 7. How many constituents are there in Qiyaas and what are they? How many constituents are there in Qiyaas and what are they? How many constituents are there in Qiyaas and what are they? How many constituents are there in Qiyaas and what are they?
8. 8. 8. 8. What is the Hukm of Qiyaas? What is the Hukm of Qiyaas? What is the Hukm of Qiyaas? What is the Hukm of Qiyaas?
9. 9. 9. 9. Cite and example and explain. Cite and example and explain. Cite and example and explain. Cite and example and explain.

***************** ***************** ***************** **************************** *********** *********** ***********

Translation Edited By Translation Edited By Translation Edited By Translation Edited By
Mufti Afzal Hoosen Elias Mufti Afzal Hoosen Elias Mufti Afzal Hoosen Elias Mufti Afzal Hoosen Elias
1426/ 2005 1426/ 2005 1426/ 2005 1426/ 2005


































49
THE PRINCIPLES OF FIQH MADE EASY THE PRINCIPLES OF FIQH MADE EASY THE PRINCIPLES OF FIQH MADE EASY THE PRINCIPLES OF FIQH MADE EASY



BY BY BY BY



Mufti Muhammad Ubaidullah Al Asadi Mufti Muhammad Ubaidullah Al Asadi Mufti Muhammad Ubaidullah Al Asadi Mufti Muhammad Ubaidullah Al Asadi








Translation Edited By Translation Edited By Translation Edited By Translation Edited By

Mufti Afzal Hoosen Elias Mufti Afzal Hoosen Elias Mufti Afzal Hoosen Elias Mufti Afzal Hoosen Elias







50
THE PRINCIP THE PRINCIP THE PRINCIP THE PRINCIPLES OF FIQH MADE EASY LES OF FIQH MADE EASY LES OF FIQH MADE EASY LES OF FIQH MADE EASY

BY BY BY BY


Mufti Muhammad Ubaidullah Al Asadi Mufti Muhammad Ubaidullah Al Asadi Mufti Muhammad Ubaidullah Al Asadi Mufti Muhammad Ubaidullah Al Asadi





Translation Edited By Translation Edited By Translation Edited By Translation Edited By

Mufti Afzal Hoosen Elias Mufti Afzal Hoosen Elias Mufti Afzal Hoosen Elias Mufti Afzal Hoosen Elias









1 11 1
st st st st
published in Urdu December 1980 published in Urdu December 1980 published in Urdu December 1980 published in Urdu December 1980

By Jamia Arabia Hatora Bandah, India By Jamia Arabia Hatora Bandah, India By Jamia Arabia Hatora Bandah, India By Jamia Arabia Hatora Bandah, India

English 1426, 2005 English 1426, 2005 English 1426, 2005 English 1426, 2005