COURSE OUTLINE

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COURSE OUTLINE
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1. Introduction to Usul al-Fiqh
2. Quran...The first source
3. Sunnah...The Qurans partner in legislation
4. Rules of Interpretation I (Deduction)
5. Rules of Interpretation II (Implications)
6. Commands and Prohibitions
7. Naskh (Abrogation)
8. Ijma (Consensus)

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Lesson One Introduction

• ToUsool-ul-Fiqh

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Contents of the Lesson

• Definition and Scope
• Two Approaches to the Study of Usul al-Fiqh
• Proofs of Shariah (al-Adillah ash-Shariyyah)

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Definition and Scope

• Usul al-Fiqh defined as the science of the
  sources and methodology of the law according to
  the Quran and Sunnah.
• Methodology of usul al-fiqh refers to methods of
  reasoning analogy (qiyas), juristic preference
  (istihsan), presumption of continuity (istishab)
  and the rules of interpretation and deduction.
• Fiqh is the end product of usul al-fiqh yet, the
  two are separate disciplines.
• Fiqh is concerned with knowledge of detailed
  rules of Islamic law (the law itself) usul
  al-fiqh is concerned with methods applied in the
  deduction of rules from their sources (the
  methodology of the law).

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• History of usul al-fiqh al-Shafeee coined as
  the founder of usul al-fiqh from his book
  ar-Risalah, most notably.
• Difference between usul al-fiqh and the maxims of
  fiqh (al-qawaid al-fiqhiyyah) the maxims of
  fiqh refer to a body of abstract rules,
  theoretical guidelines in the areas of fiqh such
  as evidence, transactions, matrimonial, etc. As
  such, they are an integral part of fiqh and
  separate from usul al-fiqh.
• Definition of asl as proof, root, origin, source,
  and foundation, rules, principles on which a
  branch of knowledge may be founded usul al-fiqh
  means the roots of fiqh (its underlying evidence).

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• Objective of usul al-fiqh is to regulate ijtihad
  and guide the jurist in deducing the law from its
  sources.
• Usul al-fiqh regulates the application of qiyas,
  istihsan, istishab, istislah, etc. which aids the
  jurist in distinguishing which method of
  deduction is best suited for obtaining a Sharia
  compliant ruling to a particular problem.

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Two Appoaches to the Study of Usul al-Fiqh
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• The ulama of various schools adopted two
  different approaches to the study of usul
  al-fiqh, theoretical and deductive.
• The theoretical approach is concerned with
  exposition of theoretical doctrines tends to
  envision usul al-fiqh as an independent
  discipline to which fiqh must conform. (Mainly
  the approach adopted by the Shafeee school, the
  Mutakallimun, and the Mutazilah
• The deductive approach formulates the theory in
  the light of its application to relevant issues
  attempts to relate usul al-fiqh more closely to
  the detailed issues of furu al-fiqh. (Mainly
  adopted by the Hanafi school.)

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• When the Hanafis find a principle of usul to be
  in conflict with an established principle of
  fiqh, they are inclined to adjust the theory to
  the extent that the conflict in question is
  removed, or they try to make the necessary
  exception in order to reach a compromise.
• Adillah shariyyah and ahkam (the laws /values
  that regulate the conduct of the mukallaf) are
  the two principle themes of usul al-fiqh.
• Adillah shariyyah refer to four principal proofs
  or sources of the Shariah the Quran, Sunnah,
  consensus, and analogy.

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Proofs of Shariah (al-Adillah ash-Shariyyah)
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• The proofs of Shariah have been divided into
  transmitted proofs (adillah naqliyyah) and
  rational proofs (adillah aqliyyah). Two other
  transmitted proofs include the rulings of the
  Companions and the laws revealed prior to the
  advent of Islam (sharia man qablana).
• Rationality alone is not an independent proof in
  Islam, which is why the rational proofs cannot be
  totally separated from the transmitted proofs.
• Adillah shariyyah have been further classified
  into mustaqillah and muqayyadah, that is,
  independent and dependent proofs respectively.

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• Each of the first three sources of the Sharia is
  an independent asl, or dalil mustaqil, that is, a
  proof in its own right.
• Another classification of adillah is their
  division into definitive (qati) amd speculative
  (zanni) proofs. This division takes into
  consideration of the proofs of Shariah not only
  their entirety but also the detailed rules which
  they contain.In this way, the Quran, Sunnah, and
  ijma are definitive proofs in the sense that they
  are decisive and binding.

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Proofs of Shariah (al-Adillah ash-Shariyyah)

• Adillah are classified into three categories

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