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Chapter Topics
•Q1: What is the literal meaning of Usulal-Fiqh?
•Q2: What is the technical meaning ofUsul al-Fiqh?
•Q3: What is the difference between Usuliand Faqih?
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The lexical meaning of Usul
•The lexical meaning of Asl (plural Usul):Something from which another thingoriginates [Root].
•It also means, Something upon whichanother thing is constructed [Foundation].
•In some cases asl is used in the sense of theword ‘Masdar’, which means [Source].
•In the legal system of Islam, Fiqh is builtupon and stems from the bases (Usul),which constitute its source-evidence.
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Technical meaning of Asl
•The word Asl is used to mean Daleel: aguide leading a caravan. The use of the termDaleel conforms with the term Source.
•The word Asl is used to indicate thefoundation upon which analogy maybebased, e.g.: Kham’rah (intoxication) is anasl or basis for the prohibition of the nabiz(beverages), from the same asl it can beextended 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 synonymouslyduring the time of the Prophet (peace beupon him), but were separated later to implydifferent things.
•Fiqh implies an ‘understanding’ of Islam ina general way or what a person is likely toconclude from obvious set of evidences.
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The technical meaning of Fiqh
•Technically Fiqh is defined as: theKnowledge of the practical rules of Shari’ahthat have been acquired from the detailedevidences.
•Fiqh consist of either: [1] Issues [masaa‘il]concerning which the ruling by one of thefive rulings is sought. Or [2] Evidence[dalaa‘il] employed in extracting anddetermining these masaa‘il (issues). So,Fiqh is actually knowledge of the Masaa‘il[issues] and the Dalaa‘il [evidences].
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The technical meaning ofUsul Fiqh:
•Knowledge or science of those rules, whichdirectly or indirectly lead to the science ofFiqh.
•They are the principles by the use of whichthe Mujtahid arrives at the legal rulesthrough the specific evidences.
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Usuli and Faqih
•Usooli (jurist); the one who knows thesources and evidences behind rulings. Forexample, he knows why it’s wajib to prayfive times a day.
•Faqih: the one who understands the rulingsof Fiqh. For example he knows it’s wajib topray 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 PurifiedSunnah.
•Fiqh is the derivative law.
•Fiqh comprises the understanding of theNusus by Jurists.
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Notes on Chapter 1
•The scope of the Shari’ah comprises thefollowing:
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 actsof worship and social transactions.
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Notes on Chapter 1
•Hence there might be no disagreement inIslamic shari’ah, whereas there isdisagreement in fiqh, since it has beenderived by the Jurists.
•Usul al-Fiqh is the branch of knowledgewhich comprises rules and regulations forderiving laws from shari’ah.
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Questions
•Can you please giveliteral meaning of Asl?
•What is the differencebetween a literal and atechnical meaning?Please examples.
•Who is a Faqhi?
•Can you mentionnames of A faqhi fromeach of the fourMadhaib (schools ofthought)?
•In your own words,explain what UsulFiqh means?
•Who is Usuli?
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Questions
•What is the purpose ofUsul al-Fiqh?
•Why was it necessaryto develop sciences ofIslam such as Usul al-fiqh?
•Can you name a bookon Usul al-fiqh?
•What is the differencebetweencomprehensive daleeland detailed daleel?
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