This document discusses the key concepts of Islamic jurisprudence (fiqh), including its sources and methodology. It explains that fiqh refers to the rulings and laws derived from the legislative sources of sharia. Usul al-fiqh refers to the methodology for extracting rulings from these sources. The primary sources are the Quran and hadiths, while the secondary sources are consensus (ijma) and analogy (qiyas). It provides examples to illustrate these concepts and sources of fiqh.

1. Islamic jurisprudence Fiqh,Usool e
Fiqh & Sources of Islamic
jurisprudence

2.  FIQH linguistically, Fiqh implies having
knowledge in depth.
 Having the knowledge of the rulings of Shariah
(Islamic Law) which are extracted from the
legislative sources, is called Fiqh.
 As an example, a Fiqh would know the ruling
for the issue of abortion; in addition, he would
know how and from where this ruling was
extracted.

3.  Usul al Fiqh is the collection of principles
pertaining to the methodology for the
extraction of Fiqh.
 The concept of Usul al Fiqh is comparable to
adhering to the methodology when conducting
a scientific experiment.

4.  Adopting specific sources to derive laws is a
major subject in Usul al Fiqh. The Qur’an,
Sunnah, Ijma as Sahabah (consensus of the
Companions) and Qiyas (analogical deduction)
are four sources in Islam which are accepted by
almost all of the scholars. However, there are
other additional sources such as Maslaha al
Mursalah (benefit) or Ijma al Ummah
(consensus of the Ummah) which are not
widely accepted.

5.  Primary sources:
 Holy Quran
 Hadith (Sunnah)
 Secondary sources.
 Consensus (Ijma)
 Analogy (Qiyas)

6.  The first and the most authentic source of knowledge About
Allah’s commands is Allah’s Book i.e. The Holy Quran. The Holy
Quran is the last divine book of Allah Almighty which was
revealed upon the last Holy Prophet Hazrat Muhammad (S.A.W)
during the period of 23 years gradually and according to needs
and demands arising time to time. This is very noble and sacred
book containing a message of guidance covering all aspect of
human life. It is preserved in its complete and comprehensive
form. Being the students of commerce and business management
this Holy Book provides us, basic principles of over worships and
transactions. For example: the basic guiding principles laid down
in the Holy Quran: Permission to use lawful things and prohibited
of unlawful things. Moderate spending. All transaction must be
put into writing. Proscription of usury and gambling. Trade with
mutual consent on contractual basic is lawful. Obligation to pay
Zakat (poor’s due). The law of inheritance and several other rules
are discus in The Holy Quran. These basic principles are
unalterable and absolute.

7.  Sunnah, linguistically, means a path or a way. Sunnah refers
to all that is narrated from the Prophet (SAW), his acts, his
sayings, whatever he has tacitly approved, and all the reports
which describe his physical attributes and character
 TYPES OF SUNNAH A. Qawli (verbal): consists of the
sayings of the Prophet (SAW) on any subject. Example: “He
who cheats is not one of us”. B. Taqiri (Approval): consists of
the approval of the Prophet (SAW). If something was done in
front of him (SAW) and he (SAW) didn’t approve of it, then it
is considered an approval. As an example, the Prophet (SAW)
approved the way women prayed in the mosque, separate
from the men, but in the same room. C. Faili (Actions) consists
of the Prophet (SAW)’s deeds and practices, such as the way
he (SAW) used to pray or perform Hajj. The following
paragraphs address the actions of the Prophet (SAW) and
their legislative impact.

8.  Messenger (SAW) can be divided into three
parts. The first section consists of those actions
which were natural to him as a human being,
secondly, actions which were specific to him as
a Prophet (SAW), and thirdly, actions which
carry legislative impact.

9.  Ijma’ literally means to resolve, to do something and to
agree upon somethimg. According to the terminology 0f the
legal theorists ijmah(consensus) has been define as “
agreement of the Mujtahids(independent legal thinkers)
from among the community of Muhammad(PBUH) after
His death in a certain period of time on a rule of Shariah.
Examples of Ijma : The 20 rakat of Tarawwih salah that is
prayed in Ramadan from the 1st of Ramadan until the last
day of Ramadan every day, and which is prayed after Isha
Salah and in which the whole Quran is recited. This was the
Ijma of the Shaba(R.A) during the time of Omar(R.A), this is
carried right from the time of Umar(R.A) until today in both
Makah and Medina the tarawihh is prayed 20 rakat as part
of Ijma of sahaba and also as the Sunnah of Umar(R.A).

10.  The linguistic meaning of Qiyas is measurement.
As a juristic term Qiyas is the extension of a Sharia
ruling from an original case to a new case because
of the equivalence of the causes underlying them
(Illa).
 Example “O you who have attained faith! When
the call to prayer is sounded on the day of
congregation(Friday), hasten to the remembrance
of Allah, and leave all worldly commerce: this is
for your own good, if you but knew it. And when
the prayer is ended, disperse freely on Earth and
seek to obtain Allah’s bounty; but remember Allah
often, so that you might attain to a happy state!”
(TMQ al-Jummah: 9-10)

11.  The Ayah mentions that, when the call to prayer is
given, one should disengage from all worldly
commerce. The Ayah doesn’t mention to stop such acts
as eating, resting, or anything else other than
conducting business. The Ayah mentions that when the
prayer is over, disperse and seek Allah’s bounty. This
means that there is a reason to leave the commerce,
being that if we do not, then we will be preoccupied
and will forget the prayer. The application of Qiyas for
this example would be for any other activity besides
commerce. This is because the Illah (missing the
Jummah prayer) occurs due to these activities as well.
Therefore, working, playing, eating etc are prohibited
in the time of Juma’a because all of these activities
prevent Muslims from performing the Juma’a prayer.