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COURSE OUTLINE

COURSE OUTLINE. Introduction to Usul al- Fiqh Quran...The first source Sunnah ...The Quran’s partner in legislation Rules of Interpretation I (Deduction) Rules of Interpretation II (Implications) Commands and Prohibitions Naskh (Abrogation) Ijma ’ (Consensus).

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COURSE OUTLINE

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  1. COURSE OUTLINE

  2. Introduction to Usul al-Fiqh • Quran...The first source • Sunnah...The Quran’s partner in legislation • Rules of Interpretation I (Deduction) • Rules of Interpretation II (Implications) • Commands and Prohibitions • Naskh (Abrogation) • Ijma’ (Consensus)

  3. Lesson One Introduction ToUsool-ul-Fiqh

  4. Contents of the Lesson • Definition and Scope • Two Approaches to the Study of Usul al-Fiqh • Proofs of Shari’ah (al-Adillah ash-Shar’iyyah)

  5. 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).

  6. History of usul al-fiqh; al-Shafe’ee 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).

  7. 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.

  8. Two Appoaches to the Study of Usul al-Fiqh

  9. 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 Shafe’ee 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.)

  10. 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. Adillahshariyyah and ahkam(the laws /values that regulate the conduct of the mukallaf) are the two principle themes of usul al-fiqh. Adillahshariyyahrefer to four principal proofs or sources of the Shariah: the Quran, Sunnah, consensus, and analogy.

  11. Proofs of Shari’ah (al-Adillah ash-Shar’iyyah)

  12. The proofs of Shari’ah have been divided into transmitted proofs (adillahnaqliyyah) 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. • Adillahshar’iyyah have been further classified into mustaqillah and muqayyadah, that is, independent and dependent proofs respectively.

  13. Each of the first three sources of the Sharia is an independent asl, or dalilmustaqil, that is, a proof in its own right. • Another classification of adillah is their division into definitive (qat’i) 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.

  14. Proofs of Shari’ah (al-Adillah ash-Shar’iyyah) Adillah are classified into three categories:

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