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Chapter Topics

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?. The lexical meaning of Usul.

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Chapter Topics

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  1. 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?

  2. 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.

  3. 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.

  4. 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.

  5. 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].

  6. 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.

  7. 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.

  8. 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.

  9. Notes on Chapter 1 • The scope of the Shari’ah comprises the following: • Beliefs (Aqeedah). • Acts of worship (Ibadat). • Civil and social transactions (Mu’amalat). • Ethics (Akh’laq). • The scope of the Fiqh comprises only acts of worship and social transactions.

  10. 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.

  11. Questions • Can you please give literal meaning of Asl? • What is the difference between a literal and a technical meaning? Please examples. • Who is a Faqhi? • Can you mention names of A faqhi from each of the four Madhaib (schools of thought)? • In your own words, explain what Usul Fiqh means? • Who is Usuli?

  12. Questions • What is the purpose of Usul al-Fiqh? • Why was it necessary to develop sciences of Islam such as Usul al-fiqh? • Can you name a book on Usul al-fiqh? • What is the difference between comprehensive daleel and detailed daleel?

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