Usul Fiqh
Usul Fiqh
Usul Fiqh
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Chapter Topics
• Q1: What is the literal meaning of Usul
al-Fiqh?
• Q2: What is the technical meaning of
Usul al-Fiqh?
• Q3: What is the difference between Usuli
and Faqih?
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The lexical meaning of Usul
• The lexical meaning of Asl (plural Usul):
Something from which another thing
originates [Root].
• It also means, Something upon which
another thing is constructed [Foundation].
• In some cases asl is used in the sense of the
word ‘Masdar’, which means [Source].
• In the legal system of Islam, Fiqh is built
upon and stems from the bases (Usul), which
constitute its source-evidence. 4
Technical meaning of Asl
• The word Asl is used to mean Daleel: a
guide leading a caravan. The use of the term
Daleel conforms with the term Source.
• The word Asl is used to indicate the
foundation upon which analogy maybe
based, e.g.: Kham’rah (intoxication) is an asl
or basis for the prohibition of the nabiz
(beverages), from the same asl it can be
extended do other such substances.
• Asl is used in the sense of the original rule.
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The lexical meaning of Fiqh
• Fiqh means having knowledge in depth,
deep understanding, or full comprehension.
• It has similar meanings to the word ‘Ilm
(knowledge) and were used synonymously
during the time of the Prophet (peace be
upon him), but were separated later to
imply different things.
• Fiqh implies an ‘understanding’ of Islam in
a general way or what a person is likely to
conclude from obvious set of evidences. 6
The technical meaning of Fiqh
• Technically Fiqh is defined as: the
Knowledge of the practical rules of
Shari’ah that have been acquired from the
detailed evidences.
• Fiqh consist of either: [1] Issues [masaa‘il]
concerning which the ruling by one of the
five rulings is sought. Or [2] Evidence
[dalaa‘il] employed in extracting and
determining these masaa‘il (issues). So,
Fiqh is actually knowledge of the Masaa‘il
[issues] and the Dalaa‘il [evidences]. 7
The technical meaning of
Usul Fiqh:
• Knowledge or science of those rules, which
directly or indirectly lead to the science of
Fiqh.
• They are the principles by the use of which
the Mujtahid arrives at the legal rules
through the specific evidences.
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Usuli and Faqih
• Usooli (jurist); the one who knows the
sources and evidences behind rulings. For
example, he knows why it’s wajib to pray
five times a day.
• Faqih: the one who understands the rulings
of Fiqh. For example he knows it’s wajib to
pray five times a day.
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Notes on Chapter 1
• Islamic Shari’ah is the textual law.
• Islamic Shari’ah comprises the Nusus
(texts) of the Holy Qur’an and the Purified
Sunnah.
• Fiqh is the derivative law.
• Fiqh comprises the understanding of the
Nusus by Jurists.
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Notes on Chapter 1
• The scope of the Shari’ah comprises the
following:
1. Beliefs (Aqeedah).
2. Acts of worship (Ibadat).
3. Civil and social transactions (Mu’amalat).
4. Ethics (Akh’laq).
• The scope of the Fiqh comprises only acts
of worship and social transactions.
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Notes on Chapter 1
• Hence there might be no disagreement in
Islamic shari’ah, whereas there is
disagreement in fiqh, since it has been
derived by the Jurists.
• Usul al-Fiqh is the branch of knowledge
which comprises rules and regulations for
deriving laws from shari’ah.
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Questions
• Can you please give • Can you mention names
literal meaning of Asl? of A faqhi from each of
the four Madhaib
• What is the difference
(schools of thought)?
between a literal and a •
In your own words,
technical meaning? explain what Usul Fiqh
Please examples. means?
• Who is a Faqhi? • Who is Usuli?
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Questions
• What is the purpose of • What is the difference
Usul al-Fiqh? between
• Why was it necessary comprehensive daleel
to develop sciences of and detailed daleel?
Islam such as Usul al-
fiqh?
• Can you name a book
on Usul al-fiqh?
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