USUL of FIQH in Islam

Al-USUL FIL-ISLAM
This paper provides an introduction to AL-USUL FIL ISLAM
(that means the study of USUL Al-FIQH according to Islam)
in a concise yet comprehensive way that would Insha Allah
enlighten readers:
(a) About the Sources that are the basis to get the
Commands of Allah namely the Quran & the SUNNAH (each
of these both, an independent source to these Commands in
its own respective manner) and the IJMA’ (that is the
secondary but an important source to these Commands);
(b) About another secondary source for these Commands
besides IJMA, that is named IJTEHAD (QIYAS included) in
detail;
(c) About the placement and some detail for the six so-
called additional secondary sources besides IJMA and
IJTEHAD;
(d) About the Key-Statements that are related to the FIQH
in actual yet they enjoy high value even at the USUL;
(e) About the designation of the Islamic Commands i.e. the
terms that relate to them in this respect.
The first three matters are expressed by points that relate to
them while the last two matters are provided respectively by
the Relevant Statements with some detail and by a
Glossary, each related to its topic for the clarification
needed; note that the Glossary provides the terms that
relate to the designation of the Islamic Commands; I, MSD,
have also presented these at the Notes that I wrote on the
Ahadith of TIRMIDHI available at my site; Al-Hamdu Lillah.
At the last in the Conclusion, I, MSD, have guided the
attention of all practicing Muslims to bring the environment

to the Islamic Values insha-Allah in the present times that is
bearing the adverse effect due to the unchallenged usage of
the modern gadgets and the adverse effect of the
unchallenged Media that is promoting ways foreign to the
Islamic Mode of Living. Please note this well that to
understand the contents here in this paper, it is necessary
to grasp the points mentioned for the first three matters with
care, each one at its own place, so as to understand
ultimately all the necessary discussion for USUL Al-FIQH
insha-Allah. If we all do understand for the Islamic
Commands, the true placement of the Holy Book Quran, of
the SUNNAH, of IJMA’ and of IJTEHAD with all its important
Key-Statements, we would understand the USUL Al-FIQH
well insha Allah. For this paper, I, MSD, have taken
assistance for USUL Al-FIQH from some of very good works
(eight books in total related directly to the subject) that have
been presented by the prominent ULEMA at the sub-
continent on the subject in Urdu that include the book
“FIQH-ISLAMI KA TARIKHI PAS-MANZAR” presented by
Respectable MAULANA MUHAMMAD TAQI AMINI and the
book “IJTEHAD” presented by the same. Note that the book
mentioned last comprises of two wonderful booklets not
only on IJTEHAD that it takes-up in detail, but also on USUL
Al-FIQH in general. May Allah give BARAKAH in all of the
good works of all those writers who have worked-on and are
working-on for the betterment of Muslims in accordance
with Islam in the present difficult times; Al-Hamdu Lillah.
Muhammad Saleem Dada
____________________________________
INTRODUCTION
USUL Al-FIQH (literally meaning the foundation to FIQH)
relates to the study of the basis to Commands of Allah.

As the basis to these Commands are mainly the Holy Book
Quran and in its practical clarification, the Sunnah of the
Prophet PBUH; the third with them but secondary in
status to both and totally dependant upon them is IJMA’;
it is actually the direct study related to these three
sources that comprise the basis to the Islamic Commands
that are the Commands of Allah Only, by different terms
of importance that facilitate their interpretation. Note
this well that strictly by Islam, even the term with all
that is related to USUL Al-FIQH itself comes to value
due to the Holy Book Quran and the SUNNAH of the
Prophet PBUH as whatever these both authenticate, that
only has value in Islam, the true path towards Allah.
Moreover, note this too that the term “FIQH” relates to
the direct study of these Commands in detail to put these
Commands into practice getting them from these three
sources that comprise the basis. So these both in actual
are different aspects to the study of Islamic Teachings
only, because the USUL to the FIQH is as the Grammar
of the Language in view is, to its practical application.
Though the term “USUL Al-FIQH” is used loosely
sometimes even by ULEMA to mean both the USUL & the
FIQH together yet the main difference to note between
USUL Al-FIQH and FIQH is that USUL is the study OF
the basis of the Commands of Allah with methodology to
get these Commands from that basis while FIQH is the
study of these Commands directly in detail that are
established FROM that basis so as to manifest them into
practice in different aspects of human life individually &
collectively; Al-Hamdu Lillah.

THE ACTUAL SOURCES TO ISLAMIC COMMANDS
THE Holy Book QURAN and the SUNNAH
1-USUL Al-FIQH indicates that the sources to get the
Islamic Commands; that are the Commands of Allah, the
Only True Authority; is the Holy Book Quran (that is
complete Islam in text; AAYAH-38 in Surah AN’AAM
tells us “We have neglected nothing in the Book”; see also
Surah NAHAL-89) and the SUNNAH of the Last Prophet
Muhammad PBUH that is complete Islam in Practice
because the Holy Book Quran has commanded to follow
the Prophet PBUH in all the issues of life practically. In
other words, each one of these both is ASL (actual; true)
Source to Islamic Commands in its own way complementing
each other totally providing these Commands well that are
the Commands of the True Lord Allah Only. While one of
these i.e. the KITAB (the Holy Book Quran) provides the
Complete Islam in writing, the other i.e. the established
SUNNAH provides the Complete Islam in practice thus
presenting Islam, the path towards Allah, totally in both
the necessary aspects for all of the mankind and even the
JINN. The Holy Book Quran consists of manifest
revelation which Allah sent to the Prophet Muhammad
PBUH by the angel Gabriel AS, in the very words of
Allah. The meanings of its MUHKAM AYAAH (the clear
verses) are the same as the text implies and as
understood by the clear Arabic. This understanding is at
the level of TAZAKKUR and a practicing Muslim person
who is among the MUJTAHID aware of Arabic to height
can apply IJTEHAD here for the better understanding of
them that is termed as TAUZIHI; in actual, every such

practicing Muslim person aware of the basics of Islam and
of Arabic to that extent where he can understand the
Holy Book Quran well without any translation does have
the potential to TAZAKKUR and as such to TAUZIHI, yet
with that he would have to commit himself totally well to
the Islamic study as that only would lead him to this most
initial level of IJTEHAD. Where any depth of thought is
needed in the understanding of its text and meaning, then
that also only a practicing Muslim person can take-up who
has not only studied the Arabic in vogue at the time of
its revelation but also is highly familiar with all aspects of
the Islamic Commands; this understanding is at the level
of TADABBUR and a practicing Muslim person totally
committed to Islam, who is among the MUJTAHID highly
knowledgeable in Islamic Teachings with a high awareness
of Arabic and of TAFSIR of whole of the KITAB too
according to the SUNNAH of the Prophet PBUH plus an
appreciable knowledge of the SUNNAH itself with
understanding of IJMA’ well, can apply IJTEHAD here to
get the ruling to a debatable issue; this IJTEHAD is
termed as ISTINBATI. The Commands of Allah that the
Quran presents in the Principle to practice, have their
foundation on the MUHKAM AYAAH (and the USUL Al-
FIQH is actually concerned with these AAYAH only) while
authentic AHADITH with respect to the chains by which
they have been narrated, are also the ASL source to the
Islamic Commands. Even the technical four terms that are
used for getting the Islamic Commands by the Holy Book
Quran (and also for getting the Islamic Commands that
are related to authentic AHADITH); these are the
“IBARATUN-NASS” and the “ISHARATUN-NASS” and

the “DALALATUN-NASS” and the “IQTIDHAUN-NASS”;
these all four do imply that the concentration over the
Holy Book Quran must never be independent at all of its
Wording though it might be on the level of TAZAKKUR or
on the level of TADABBUR and they both bring IJTEHAD
at fore by their respective application; we would learn
about these ahead insha-Allah at this writing but please
note here well that ULEMA do not permit to put efforts
on any level in understanding the meanings of
MUTASHABEH-AYAAT in the Holy Book Quran as these
are verses that have words the meaning of which can not
be grasped by the Human Mind; they must be believed
with the statement that “Allah only knows their true
meanings”; they actually are not related to the Islamic
Commands that is the subject-matter of USUL Al-FIQH.
Also, note this important point that it is not feasible to
look for the ILLAT (the specific cause that leads to the
basic similarity in two issues compared) for a command
given in the Holy Book Quran, at-least never on the basis
of TADABBUR (high understanding of it by deep
observation of the Words and their Meanings) to make it
the foundation of QIYAS at some other issue as putting
human mind here to find the ILLAT might lead to some
grave error in judgment and surely Allah knows better;
Al-Hamdu Lillah.
2-USUL Al-FIQH indicates that the authentic AHADITH
have the designation as MUTAWATIR, MASHUR or AHAD
with consideration to their respective narrators, that
clearly present the SUNNAH of the Prophet PBUH
according to their strength. (AAYAH-80 of Surah NISAA

tells us that “he who obeys the Messenger, has obeyed
Allah”; see also Surah HASHR-7). Due to its direct
affinity with FIQH being of Practical Value, FIQH,
especially of the Four prominent IMAMS that are MALIK,
AHMED ibn HANBAL, SHAFA’I and ABU-HANIFA (may
Allah show mercy to them all), relates to the SUNNAH of
the Prophet PBUH highly, though it also depends much on
the KITAB i.e. the Holy Book Quran. As such, these both
provide the Commands of Allah well and though the
SUNNAH is at a lesser level than the Holy Book Quran
yet it also provides the Islamic Commands by itself with
much additional information for those that are given in
the Holy Book Quran to facilitate its practical application;
each one of these both is an independent DALIL (Source,
Proof) of the Islamic Commands and they both
complement each other totally. Please note here that
there are two aspects to this term SUNNAH, one is at
FIQH where it is used as a designation to some Islamic
Commands and the other is in general at the USUL Al-
FIQH that is the Primary Source to the Islamic
Commands that we students are discussing here at this
point; any adverse activity that falls against the
SUNNAH of the Prophet PBUH challenging it clearly is
termed as BID'AH; also any continuous activity in
practice that results in addition to the guidance of the
SUNNAH in some matter is also BID’AH. Note that the
practice of QIYAS, being related to IJTEHAD, at
Ahadith is quite fine for the MUJTAHID while QIYAS
must be omitted at the Holy Book Quran on the level of
TADABBUR; note also that IJTEHAD is taken-up only
when the conditions of the Subject and the Object for it

are present well and I, MSD, would take-up these
matters ahead insha Allah. The Holy Book Quran is the
Manifest Revelation (WAHI-JALI) while authentic
Ahadith that convey the SUNNAH of the Prophet PBUH,
is actually inspiration sent by Allah to the Prophet PBUH
and he conveyed that in his own words; Al-Hamdu Lillah.
IJMA’-e-UMMAT, that is often termed in short as
IJMA’, is actually the consensus of Muslim UMMAT (i.e.
all of Muslims together) and it is also a source to the
Islamic Commands, though secondary to and totally
dependant on the KITAB i.e. the Holy Book Quran and
the SUNNAH; it actually elucidates them well for
practice; Al-Hamdu Lillah. The Holy Book Quran and the
SUNNAH of the Prophet PBUH are most clear to Muslims
in general; yet IJMA’ does need some detail for its
clarification and for that need, let us see it here with
some detail to it; Al-Hamdu Lillah.
THE SECONDARY SOURCES TO ISLAMIC COMMANDS
IJMA’ (the Collective Islamic Ruling)
3-USUL Al-FIQH indicates that the IJMA’ is “the
consensus of compatible MUJTAHIDS on some issue open
to debate by the Islamic Teachings in an era after the
Last Prophet Muhammad PBUH keeping strictly to the
KITAB (the Holy Book Quran) & the established
SUNNAH, taking the verdict achieved as the Islamic
Command having practical value for the issue in
consideration with the understanding that ‘most probably’
the pleasure of Allah is here in this ruling; all the
MUJTAHIDS must have total love for Allah and for His

Prophet PBUH inside plus the respect for all Messengers
of Allah”. In most simple words, it is “the consensus of
compatible MUJTAHIDS after the Prophet’s era on a
worthy IJTEHAD on a moot issue that clearly commands a
practical value on that”. So taking it simply as a Noun, it
is the “Collective Islamic Ruling” on a debatable issue at
consideration; Al-Hamdu Lillah. Please note that different
issues that are clarified by IJMA’ are at different levels
of acceptance according to the strength they have at
their support and in them the IJMA’ of SAHABA is at
the highest status that does have a prominent value in
acceptance. Other IJMA’ that are mentionable, are the
IJMA’ of the four prominent IMAMS of FIQH on an issue
and then any other IJMA’ that took place after them
before this current time where modern gadgets have
affected our living-style highly, both lesser in status than
the IJMA’ of SAHABA; we can exclude from IJMA’ such
agreed rulings of the four IMAMS about an issue that
were challenged by a high number of ULEMA like the
issue of three pronouncement of divorce in one sitting or
like the issue related to the RAK’AH being twenty at-
least in the night prayers (TARAVIH) in RAMADHAN
though UMAR-RA upheld both of these rulings yet with
notable differences on these two, it seems better to say
that SAHABA-RA did not make an IJMA’ on both in the
strict sense of the term. Those IJMA’ that are besides
the IJMA’ of SAHABA i.e. of four IMAMS and that
which occurred after them before the commencement of
the modern era a century back; are not necessary to
take-up for practice in general strictly stating by the
KITAB and the SUNNAH. A practicing Muslim with a good

understanding of Islam must not be blamed for such if he
does not put such IJMA’ at practice without any
disrespect to it and takes-up some IJTEHADI guidance
of a compatible MUJTAHID other than these four for
the needed issue, as that guidance even would do the job
well insha-Allah. Note that any IJTEHAD if that is
taken-up by a very high number of compatible
MUJTAHID even now and even if those MUJTAHID
relate to some specific geographical area but with
representation of all important schools of FIQH among
Muslims, that COLLECTIVE-IJTEHAD might be designed
as a weaker IJMA’ that is certainly acceptable on a
practical level when and where the need for the
designation to an issue by the Islamic Teachings is
extremely high asking an immediate consideration to it.
Also, please note this well & good that IJMA’ clarifies
the status of the Islamic Commands that both the actual
sources to the Islamic Commands that are the Commands
of Allah, provide and guides to the practical side of
matters by deep observation that they both express,
without providing any of these Islamic Commands in actual
by its own (and even IJTEHAD does not provide any
Islamic Command in actual by its own); as such, it is the
third source to Islamic Commands but fully and totally
dependant either on the KITAB or on the SUNNAH
without fail. AAYAH-59 of Surah-NISAA reads “O you
who believe! obey Allah and obey the Apostle and those in
authority from among you; then if you quarrel about
anything, refer it to Allah and the Apostle, if you believe
in Allah and the last day; this is better and very good in
the end”. This AAYAH does point out to IJMA’ at some

status and even the AAYAH-115 of this same Surah i.e.
NISAA also indicates IJMA’ as valid to take-up for the
clarification of the Islamic Commands. Note here that
there is no mention of quarrel in the obedience to Allah
or to the Prophet PBUH as there is no option for a
Muslim for that but difference to those in authority
among Muslims at a given time & place is possible as
indicated here even if it enjoys an IJMA’ that is weak in
status where some MUJTAHID/s only might differ with
certain necessary reservation. Then, if that difference
does turn-out to be significant, the command on the
debatable issue must be revised with more consideration
and more application, directly resolving it by the Holy
Book Quran and the SUNNAH without fail; Al-Hamdu
Lillah. Ahadith also present IJMA’ in different ways and
one of them sums up the matter beautifully by words that
“indeed, Allah will not gather my UMMAH on the misled
path. And the hand of Allah is on the JAMA’AH (the
whole gathering) and he who breaks from it, is plunged
into the Fire” (TIRMIDHI). As IJMA’ actually explains
the Holy Book Quran and the SUNNAH in one way or
other so it is totally based on some important indication
with positive reasoning that is presented by at-least any
one of these but this also is a notable point that once in
effect for some issue, it is binding for Muslims according
to the strength by which it takes place in that issue.
Many of ULEMA maintain that once an IJTEHAD on an
issue is taken-up by an Islamic Administration strictly
according to the KITAB and the SUNNAH for practice, it
does cause such an IJMA’ on its practice (though that
IJMA’ is weak by nature) that even the MUJTAHID who

differs to it should better take that up in practice and
leave his IJTEHAD aside; this tells that even a weaker
IJMA’ has a significant value that is in actual at the
status of a collective IJEHAD. Other than these three
that are the Holy Book Quran, SUNNAH of the Prophet
PBUH and IJMA’, whatever are named as sources to the
Islamic Commands are certainly not binding for practice
at all strictly in the Islamic Sense for Muslims in general.
Note that the highly knowledgeable Muslim person in
Islam who is at the status of a MUJTAHID even, must
not challenge the IJMA’ of the first status that is the
IJMA’ of SAHABA in any way while it is much better
that he does not challenge the IJMA at the second
status too that is of the four prominent IMAMS except
for exceptions due to high difference that occurred
towards them, even if he does not adhere to their IJMA’
with any fervor. Today, IJMA’ on any issue can have the
fourth status only that would be weaker than all previous
IJMA’ that would take place with the consensus of almost
all the prominent ULEMA of different FIQHI schools
capable to provide IJTEHAD in a moot issue clarifying its
placement well in practice, even if they are related to a
single Muslim country; yet even that is significant if the
necessity for its clarification is urgent so that Muslims
might take-up the righteous Islamic attitude in that issue
together or at-least in a huge number that is relevant for
providing the guidance to all Muslims of the world. Note
also that “IJMA’” is not like the votes in democracy of
these current times as IJMA’ is actually based on high
wisdom of the KITAB and the SUNNAH where everyone
is not liable to participate in it except for the learned

compatible MUJTAHIDS only that know how to consider
the matter according to the Islamic Teachings and that
have their total attention towards Allah only; certainly it
is not at all an independent source to Islam but totally
related to the KITAB and the SUNNAH and it is the
quality that matters here and not the quantity in actual
though even that has to be significant of compatible
MUJTAHIDS of different FIQHI schools of the present
times that decide for the ruling collectively; Al-Hamdu
Lillah. In-fact, we must put the Islamic perspective about
democracy, specially about elections, onto these current
times taking care that Islam considers Only Allah as the
True Authority and taking care that Allah has asked us to
live truly for AKHIRAT only competing in matters related
to it only, and not in the worldly matters; we must never
put ourselves and even other Muslims too in any kind of
trouble; Al-Hamdu Lillah. For the better study of IJMA’,
it is highly needed that we all study the conditions that
have validated IJMA’ before and that might validate it
at-least at the fourth status, weaker yet good to
practice, even at the present times; Al-Hamdu Lillah.
Note that IJMA’ takes place on some IJTEHAD, and with
that, the IJTEHAD would become binding for the Muslim
UMMAH according to the status of that IJMA; but
noting this well, also note that with this difference of
practical adherence, both of these i.e. IJMA’ and
IJTEHAD (QIYAS included), are totally dependant on the
KITAB or/and the SUNNAH. So the USUL Al-FIQH of
Islam is the study of the KITAB and the SUNNAH in
essence, giving value to the study of IJMA’ of SAHABA
too as the fact of the matter is that it is needed much in

the implementation of many Islamic Commands that these
two primary sources present; other IJMA’ acceptable too
according to their strength. The difference between
IJTEHAD (QIYAS included) and IJMA’ is that it is an
individual endeavor rather than a collective effort that
founds IJMA’ and that is why it is binding in an individual
manner while IJMA’ has an acceptance in a collective
manner according to its status keeping in view that IJMA’
of SAHABA directly indicates the necessary detail to
take into consideration to accomplish the necessary
Islamic Commands for their practice; both IJMA’ and
IJTEHAD do have their respective conditions yet in both,
the compatible MUJTAHID/S are at the SUBJECT and in
both, the OBJECT in consideration i.e. the issue, has to
be open to debate asking for the Islamic Ruling fast and
clear. The most important conditions, that must be
present for IJMA’ simultaneously, include that IT IS
FEASIBLE ONLY WHEN (a)-it takes place on an issue by
a great number of compatible MUJTAHIDS of the time
by the high study of the KITAB and the SUNNAH of the
Prophet PBUH directly taking-up some indication provided
by one or both of them; clarification for the term
“MUJTAHID” is ahead at the point “4d” in this paper;
(b)-it takes place on an issue open to debate as its
command is not clearly stated in the KITAB or/and the
SUNNAH yet it must be based on some indication
provided by any of these in understandable terms, and
the compatible MUJTAHIDS that take-up the issue, have
their total love for Allah only asking His assistance truly
in all their endeavors while going for an IJMA’ on it; (c)-
it takes place on an issue AFTER the times of the

Prophet PBUH (d)-it takes place on an issue by the total
agreement to an Islamic Command (not any other), of an
amazingly high number of compatible MUJTAHID persons
(not just ordinary practicing Muslims even if they are
ULEMA of some caliber) that must also be among the
practicing Muslims of the time enjoying the respect of all
practicing Muslims in general; note here that total
agreement of ALL the MUJTAHID persons of the time is
not necessary here strictly according to the USUL Al-
FIQH as the IJMA’ of SAHABA also clarifies well;
interestingly, ULEMA generally divide IJMA’ as by WORD
and by SILENCE as the MUJAHIDS not included at the
gathering for IJMA’ are mentioned as having a “Positive
Silence” to the ruling when they take it up in practice.
However, IJMA’ of a lesser status, with weaker appeal to
Muslims in general, might take place with the agreed
ruling on an issue by nearly all prominent MUJTAHIDS of
a single Muslim country even, that represent different
FIQHI schools among all Muslims in general and that are
respected by all Muslims in general, in the today’s
scenario; that would certainly be highly significant where
the need for the clarification of the Islamic Command at
an issue for practice is extremely urgent. As the Muslims
come towards that taking that up in a very huge number
for practice for their betterment, this IJMA’ at a lesser
status might even be termed as a high-level IJTEHAD
that is COLLECTIVE having an extremely significant value
as we find for IJTEHADI rulings of each of the four
prominent IMAMS among Muslims in general (e) it takes
place on an issue where the MUJTAHIDS understand the
pros & cons of that issue in general and they must also

have a very high understanding of the consequence that
the practice of their approved ruling might cause; (f)-it
takes place on an issue by such great number of
compatible MUJTAHID persons of the present time (even
if they all relate to a single country of the present time
but representing different schools of thought among
Muslims in FIQHI matters) about whom all the practicing
good Muslims of the world agree well in general, that such
great number of MUJTAHID persons would agree only on
the Islamic Command for the issue in consideration as
they have their total attention towards Allah only and
they totally relate themselves to the KITAB and to the
SUNNAH; Al-Hamdu Lillah.
IJTEHAD (The Individual Islamic Ruling)
4a-USUL Al-FIQH indicates that the term IJTEHAD
means “the high intellectual contention of some
MUJTAHID on some issue open to debate by the Islamic
Teachings, to the utmost level of his capability pondering
on the KITAB (the Holy Book Quran) & the established
SUNNAH of the Prophet PBUH to get the Command and
achieving it well by that wonderful effort for the issue in
consideration in which he considers ‘most probably’ is the
pleasure of Allah, with total love for Him and for His
Prophet PBUH inside his heart”. So taking it simply as a
Noun, it is the “Individual Islamic Ruling” achieved by a
compatible MUJTAHID on a debatable issue at
consideration; Al-Hamdu Lillah. The Holy Book Quran
points-out, “So ask of those who possess the Message if
you realize it not” (Surah Al-ANBIA-07; see also Surah

NAHAL-43,44). Please note this well that even if
someone highly knowledgeable in Islamic Teachings among
Muslims, even if counted among ULEMA, makes an
IJTEHAD and he is unable to reason for his IJTEHADI
point positively by the KITAB and the SUNNAH, he must
totally refrain from committing to IJTEHAD in all ways
for certain; Al-Hamdu Lillah. Note well that the field of
work for IJTEHAD is at the clarification of Islamic
Commands only and the term TAQLID that relates to the
study of IJTEHAD means in general, the following of the
IJTEHAD of four high IMAMS; these both terms
“IJTEHAD” and “TAQLID” are certainly not among the
basic matters of the Islamic Belief as there is definitely
an option available at IJTEHADI matters to differ while
in the basic matters of Belief, there is no option to
differ for certain; Al-Hamdu Lillah. Those who take them
up, they do it with an understanding that “Most Probably”
the pleasure of Allah is at the practice of this ruling in
the moot issue at consideration; Al-Hamdu Lillah. In
AHADITH, we find that the Prophet PBUH appreciated
MUAZ-IBN-JABL-RA when he told the Prophet PBUH
that he would decide by his own good judgment if he does
not find the Command in the Holy Book Quran and the
SUNNAH, that is keeping strictly to the requirement of
these both only; Al-Hamdu Lillah. Note that among the
six so-called additional secondary sources for the
formulation of the Islamic law (I, MSD, would name them
in the point ahead insha-Allah), there are some indeed
that are creditable to consider as worthy points in the
process of “IJTEHAD” without taking them as sources to
Islamic Commands, the Commands of Allah, by any name.

The term ADILLAH that is sometimes used for them that
means the PROOFS that ask to take them into practice,
is so vague on application to any of these six especially in
these current times that it could erroneously mean
sources to Islamic Commands too that these certainly are
not in any way since the beginning. However, in the
IJTEHADI process, four of them might have good value
at times on different issues as accepted by many learned
ULEMA in USUL Al-FIQH. Note that ISTEHSAN and
ISTESLAH among these six need much high reservation
and their total omission even, in this important process
certainly is much better at these current times. Even the
four others at best, are only high notable statements to
consider when and where necessary in the IJTEHADI
process with the option remaining always available to
decline the asking of any of these where seems
necessary, but only after much reflection keeping strictly
to the KITAB and the SUNNAH, by other points equally
relevant in the process of IJTEHAD. Note also that even
IJMA’ has its relation to IJTEHAD as it is placed
actually on some important worthy IJTEHAD that already
has taken place and does have some considerable value at
the given time & place for application. However, with all
said, please keep this always in view that all that is
ISLAMIC in actual, is totally connected to the KITAB and
the SUNNAH by which we get the Commands of Allah
only. Even when the term “USUL Al-FIQH” is stated, it
is strictly in actual, the mention of these two only and
nothing else; IJMA’ (specially the IJMA’ of SAHABA-
RA), being acceptable in general only due to its most high
significance in providing the necessary detail to accomplish

the necessary Islamic Commands that these two primary
sources give for their practice in their own respective way
and as such it assists only in the implementation of the
KITAB and the SUNNAH; Al-Hamdu Lillah.
4b-Note that I, MSD, would take-up QIYAS at a
separate point ahead in this writing insha-Allah but at
present, let us see to the so-called additional secondary
sources to Islamic Commands in some detail. These are
ISTEHSAN (taking up such ruling on an issue that might
provide ease in practice to Muslims in general in a given
situation that seemingly do not pose any challenge to the
Islamic Values, leaving another ruling for the same that
also is based well on QIYAS seemingly good to take for
practice, mostly even better than the former, yet putting
it into practice might pose some hardship in that given
situation), ISTESLAH (taking up such rulings on issues
that need attention, for the betterment of people in
general that seemingly do not pose any challenge to the
Islamic Values in any way), ISTESHAB (to accept and
retain the ruling on an issue that is already in application
for it when some doubt takes place on that issue for some
reason), ‘URF (recognition among good practicing Muslims
about something as an acceptable act that does not
challenge Islamic Commands), SADD-e-ZARAI’ (stopping
of means to wrongs specially shameful attitude) and the
guidance given by any of the prominent SAHABA-RA, the
companions of the Prophet PBUH upon any issue. There is
one another thing that is named in these so-called
additional secondary sources that is ISTEDLAL (to bring
reasoning for an issue). Note that it is just another name

for ISTESHAB and sometimes it means to take a previous
ruling for an issue without caring much about its detail;
the bottom-line to note here at ISTEDLAL is that any of
its meaning that falls out of ISTESHAB, is not worthy to
consider at-all at any IJTEHADI process; AQL (the
Human-Mind) is not a source to the Islamic Commands in
itself unless totally bound to the KITAB and the
SUNNAH to see those Islamic Commands and this
statement, the conditions for IJMA’ and IJTEHAD
clarify well; Al-Hamdu Lillah. I, MSD, would remark here
in clear terms that the first two mentioned here,
ISTEHSAN and ISTESLAH, actually do not value much
now in the IJTEHADI process and as such in the subject
of USUL Al-FIQH, in these present trying times though
ISTESLAH among the two, has been given high attention
by many of the men learned in USUL. However, the other
four; that are ISTESHAB, ‘URF, SADD-e-ZARAI’ and
the guidance given by any of the prominent SAHABA-RA;
do have importance in the process of IJTEHAD as they
are derived strictly from the guidance of the KITAB and
the SUNNAH. Note the difference between the two
formerly mentioned and the four mentioned after them
that the last four do not relate actually to making of the
ruling as they ask for “Judgment” only upon the issues at
hand for which the MUJTAHID only puts these points
available with other necessary consideration, to get the
ruling positively while the two formerly mentioned are
taken-up just by the remark that “Nothing Negative” to
the KITAB and the SUNNAH takes place; and the
decision is purely “Made” by the human-mind that, with
all its appreciable talent, is certainly liable to err. The

main error is just at the onset of this consideration of
the moot issue at hand that the human-mind assumes the
absence of the guidance there in some positive manner for
the issue at hand by the KITAB and the SUNNAH; this
stance is highly erroneous, more so in the present times.
While these two, ISTEHSAN and ISTISLAH, have no
righteous base according to the Islamic Teachings, the
last four mentioned here are provable as the points
worthy to consider at IJTEHAD by the good study of
both the actual sources to Islamic Commands yet they
still remain relevant points only in the consideration for
the IJTEHADI process and not sources in themselves for
sure. The reasoning for these former two is taken from
AHADITH that relate to elimination of harm among
Muslims yet the fact of the matter is this that Ahadith
mentioned as relevant to take them up, do not address
ISTEHSAN at all and as such, do not validate it at all
while ISTESLAH that also is not based positively to but
based on neutrality to the Islamic Commands has to be
omitted at these present times as it needs pious
practicing Muslims at authority committed totally to Islam
only, that we lack at these present times so much. When
we all understand these Ahadith in their right context,
we would see well that they indicate the care for
AKHIRAT only without addressing ISTEHSAN and even
ISTESLAH as taken without reservation; I, MSD, would
discuss this insha-Allah at the section here about the
Key-Statements. The omission of these two at the
IJTEHADI process is certainly better rather necessary,
in the environment as of now as these two of the so-
called additional secondary sources are actually taken into

account by giving value to the human-mind only without
the righteous care that is asked by the KITAB and the
SUNNAH for its Commands. ISTEHSAN never was lawful
to take into consideration in USUL Al-FIQH as
Respectable SHAFA’I very rightly clarified about it at its
very onset but with time, as the Muslims slacked in
putting Islam to practice, many of them took ISTEHSAN
as an excuse only that made some unworthy grounds in it.
Those who advocate for it at these current times
indicating that with time it went on becoming acceptable,
must understand well that it made grounds only due to the
slack of Muslims in practice of Islam in the collective
manner; it was not because it commanded any value in the
IJTEHAD that relates to the USUL Al-FIQH while a
good challenge to it was always there. As even at the
ancient times, ISTEHSAN came under criticism very
rightly so there is not much to tell about it as the
previous reasoning against it would do well; I, MSD, would
even remark here that previously it was not as dangerous
to apply as now in the current times since a century or
so. The ruling for the transplantation of organs not built-
up by the body again (specially kidneys) is based on
ISTEHSAN though the KITAB clearly states, “Surely
Allah does not forgive that anything should be associated
with Him, and He forgives what is besides this to whom
He pleases; and whoever associates anything with Allah,
he indeed strays off into a remote error. They do not
call besides Him on anything but idols, and they do not
call on anything but the rebellious Satan. Allah has cursed
him; and he said: Most certainly I will take of Thy
servants an appointed portion- And most certainly I will

lead them astray and excite in them vain desires, and bid
them so that they shall slit the ears of the cattle, and
most certainly I will bid them so that THEY SHALL
ALTER Allah's creation; and whoever takes the Satan for
a guardian rather than Allah he indeed shall suffer a
manifest loss. Satan gives them promises and excites vain
desires in them- and the Satan does not promise them
but to deceive. These are they whose abode is hell, and
they shall not find any refuge from it” (Surah NISAA-
116 to 121). There are other more worse atrocities too
that have been taken-up just by the name of ISTEHSAN
at the Surgical field; may Allah save all Muslims from all
atrocities; Al-Hamdu Lillah. As for ISTESLAH, the
notable point is that it had been of some value in
previous times remaining under the KITAB and the
SUNNAH and it has been taken-up by all the four
notable IMAMS in their own respective ways yet its
application too is certainly adverse only in today’s scenario
since a century or so. Although ISTESLAH is said to
relate to adopting necessary adjustment required to take
the matters of life ahead without challenging any Islamic
Teaching yet mostly it has been applied at many issues in
such ways in the present times that proved adverse to
the Islamic Teachings in the long-run; in essence those
issues were among the MUBAH certainly. Note well at
this juncture that the establishment of few institutions on
the basis of ISTESLAH, that relate mostly to Education,
Medicine and Law, have led to challenging the Islamic
Commands clearly given by the KITAB and the SUNNAH
and as such, have proved it unworthy to take-up at the
IJTEHADI process in the present times. This is due to

the fact that the collective set-up of the environment
has undergone such difference from the previous times
since a century or so that with the flawed hold of these
institutions, it has led to high wrongs in just about a
century or so. There is a rule in FIQH that whenever
MUBAH is raised in status by some strict practical
adherence to it or even by giving it some unworthy
significance that affects some matter adversely specially
when that matter relates to the SHA’AER (the
manifestation) of Islam, it turns to become BID’AH
challenging the SUNNAH of the Prophet PBUH; this also
is highly notable here that whenever the human mind
asked for ease without true care towards Allah, it rather
got hardship only as it is not so highly capable as to judge
the betterment of the mankind in the long-run activity.
Please do keep in mind here that the people in general
were caring to Islam then and the men at authority then,
even with their atrocities in practice, had the needed
regards to it in general even if that might have been
valued due to the fear of the impression of the good
practicing Muslims at that time at that environment, yet
from the previous century, the set-up adverse to Islam
for governing the people all over the world has achieved
such strength that the application of ISTESLAH could
only lead to adversities in these current times especially
when the Government Officials among Muslims care but
little to apply Islamic Commands to the environment even
in their own individual capacity. We have high
documentation today even for simple matters of property
and personal identification; we also do have complicated
official dealing for matters relating to simple economic

necessities of the common man just due to the initial
tolerance to these official dealing that ISTESLAH asked
for though these all, strictly by Islam, are obvious
atrocities that put people into high trouble. For the sake
of further clarity, please note well the point I, MSD,
have just stated that we Muslims are facing such
institutions in practice in the environment around that
have little regards if any, to the Islamic command of
HEJAB for women and that have little regards if any, to
the Islamic Command of seeing that there must not be
any injustice even to persons who have committed crimes.
The law must punish them in the best interest of the
Islamic Society according to the Islamic Guidance but it
must not humiliate them or keep them away from their
wives for more than a few months as that attitude is
TOTALLY adverse to the Islamic Guidance. With this
remark, I, MSD, would state in plain terms that
ISTEHSAN has never been worthy to care-for in the
process of IJTEHAD while ISTESLAH though taken as
totally subservient to the KITAB and the SUNNAH by
presentation, has certainly led during the last century and
since then, whenever applied, to misjudgment only; the
atrocities that already have been caused by these two
that are now challenging the Islamic Values much,
specially at Education, Medicine and Law, must not go
unchallenged for certain; Al-Hamdu Lillah. Please note
well here that IJTEHAD is the process of thought that is
totally related to and completely dependant strictly on
the KITAB and the SUNNAH in clear terms having the
conditions stated clearly for the Subject and the Object
and it is not a vague term in any way. For its assistance,

in the kind of IJTEHAD that is termed as ISTINBAT in
discussion, ISTESHAB, ‘URF, SADD-e-ZARAI and the
guidance given by any of the prominent SAHABA, are
certainly such statements that do have a notable status
even today and these four points do have the capability
to provide magnificence in practice for sure to that
totally well; Al-Hamdu Lillah.
4c-Note that the four so-called additional secondary
sources to Islamic Commands that actually are the
important statements to consider in the IJTEHADI
process, are named as ISTESHAB, ‘URF, SADDE-ZARAI
and the guidance given by some prominent SAHABA-RA.
These are in actual, important key-statements that
relate to FIQH rather than USUL Al-FIQH but they
enjoy a high value at IJTEHAD-ISTINBATI and such are
closely related to the USUL. Besides these four, there
are other such Key-Statements too that do assist in the
IJTEHAD-ISTINBATI and three of them, our study
would take-up ahead insha-Allah. These four terms have
specific quality for good application to assist in the
explanation of the Islamic Commands according to their
meanings. ISTESHAB means to accept and retain the
ruling on an issue that is already in application for it when
some doubt takes place on that issue for some reason,
‘URF means the recognition among good practicing Muslims
about something as an acceptable act that does not
challenge Islamic Commands, SADDE-ZARAI’ means
stopping of means to wrongs specially shameful attitude
and the fourth here is the guidance given by any of the
prominent SAHABA-RA, the companions of the Prophet

PBUH upon an issue. The first that is ISTESHAB is
applied where there is need to lift-off some doubt about
an issue yet it is not applied where there is nothing
available to which it has to be applied. So its application
is for the elimination of some negative point yet it is not
an initiation for something in itself. The example for this
is that if someone has a doubt if his WUDHU has ended
or not, that would be taken intact; the Prophet PBUH has
said, “When one of you is in the mosque and has doubts
that he has passed wind then he must not go out till he
has heard a sound or has perceived a smell” (TIRMIDHI).
The second here is ‘URF that means the recognition among
good practicing Muslims about something as a normal act
adhering to it in general that does not challenge Islamic
Commands. This implies that it must be ‘URF-SAHIH (the
right recognition) that does not fall against the Islamic
Commands; that does not find rejection in practice by the
righteous practicing Muslims; that does not create any
doubts where applied; that does not become liable to
change just within a short span of time but it is a
continuous recognition. ‘URF then becomes such a
recognition of something acceptable in general that is
given an importance by the practicing Muslims at a
specific area; it is acceptable by MUJTAHID just at its
face-value considering that it does not fall against the
clear Islamic Teachings without any inclination to take it
as a value related to Islam in any way that is necessary
to adhere to in general. ‘URF also relates to the meanings
that are assigned to words at specific areas so when
those words are used, the specific meanings taken for
those must be accepted and as such this relates to the

presentation of issues; as such it is necessary to take
‘URF into consideration in the process of IJTEHAD,
mostly in ISTINBATI though has importance at TAUZIHI
too, to understand the object i.e. the issue in the
correct sense. The third is SADDE-ZARAI’ that certainly
has a very high value in the IJTEHADI process. It means
to stop the means that have a great chance to lead to
any big sin. When the Holy Book Quran asks not to
commit any shameful act, it says not to go near to it; an
AAYAH of Surah BANI-ISRAEL reads, “And go not nigh
to fornication; surely it is an indecency and an evil way”
(BANI-ISRAEL-32); see also Surah-AN’AAM-151. In
Surah AARAAF, AAYAH 19 to 23 tell us that Allah
ordered Adam & Eve (Salaam on both) not to even go near
a tree so that they do not ever come near to eating its
fruit and due to their folly about it due to the temptation
by Satan, their respective hidden parts came into view of
both; there are other AAYAH too that bring the point at
fore and so it is totally clear that SADDE-ZARAI has an
important place in the process of IJTEHAD, especially in
the avoidance of shameful acts. One of the authentic
AHADITH narrated by NU’MAN IBN BASHIR tells us
that, “The lawful is clearly defined and the unlawful is
clearly defined, but between them are matters that are
doubtful. Many of the people cannot decide whether they
are lawful or unlawful. So, he who avoids them to guard
his religion and honor has indeed, taken the safe path.
And he who falls into some of it nearly falls into the
unlawful, just as a shepherd who grazes his animals on
the borders of a sanctuary might take them to the other
side. Know that every king has a sanctuary. And know

that the sanctuary of Allah is that which he has declared
unlawful” (TIRMIDHI). The last here is the Guidance
given by any prominent person among SAHABA-RA on
some issue so that too is worth considering in the
IJTEHADI process in issues related to that due to the
fact that IJMA’ of SAHABA has a great value in
understanding of the Islamic Commands and as such, even
the IJTEHAD of any one of the prominent persons among
them would certainly have a certain value. Many Ahadith
have appreciated the prominent SAHABA clearly asking to
take them in high esteem and as such, the MUJTAHID
must consider the guidance of any of these prominent
SAHABA in the IJTEHADI process for the related issue
where it counts well certainly. However, with all said,
please note that these are points only in consideration at
the IJTEHADI process for some issue and are open to
acceptance and even to rejection as the asking of the
issue might be that even (but that has to be considered
with the utmost care possible by the MUJTAHID),
keeping strictly to the KITAB and the SUNNAH; Al-
Hamdu Lillah.
4d-Note that Respectable AMIN EHSAN ISLAHI has
rightly pointed out that “there are three prominent
sources to Islamic Law - the Holy Book Quran, the
SUNNAH of the Last Prophet Muhammad (PBUH) and
IJTEHAD”. However, please keep well constantly into the
mind the statement already given, that IJTEHAD is NOT
an independent source to Islamic Commands as it must
necessarily have some established point relating to the
KITAB or/and the SUNNAH for its authenticity at its

back in general. It is worthy of a general application only
due to its high acceptance among the Muslim UMMAH for
practice raising its rank to some status of IJMA’ though
that even is NOT an independent source. Although
Respectable ISLAHI has not mentioned IJMA’ here yet
the mention of IJTEHAD does indicate it as that actually
founds IJMA’. Being a derivation from the root word
JAHADA, the term “IJTEHAD” literally means to strive
to the utmost level taking a great hardship on the self in
some activity. However, in Islam, the striving person must
be a compatible Muslim of caliber (i.e. MUJTAHID) to
judge some issue well and the issue in question must have
a status being open to debate, where it does need
consideration by Islam so with this meaning, Islam does
indicate some necessary conditions that are related to the
SUBJECT (i.e. the MUJTAHID) and the OBJECT (i.e.
the debatable issue in study that needs the consideration
by Islam) and presently we would study those insha-Allah
to understand the term IJTEHAD in much better way. By
the Islamic Teachings, the necessary conditions to note
about the SUBJECT for IJTEHAD include that (1) he
must be a good practicing adult & wise Muslim person
committed to Islam in practice; (2) he must be totally
attentive towards Allah putting His Commands in practice
with total love in heart for Him believing well as a true
Muslim that he has to answer to Him for all what he
believes and does, at AKHIRAT; he must also have in
heart, total love for the last Prophet Muhammad PBUH
with high respect, and love for all other Messengers of
Allah too with high respect; (3) he must know Arabic at
vogue at the time when the Holy Book Quran descended,

to an amazingly good level; (4) he must be highly
knowledgeable in Islam from all aspects and this implies
that he must have an amazingly good knowledge of the
Holy Book Quran & of the established SUNNAH (specially
with reference to the authentic AHADITH that are much
related to Commands) plus IJMA’ that has taken place on
different matters of importance generally, with an
understanding of the status of every such IJMA’ quite
well. Please note that the rulings by any of the four very
high IMAMS have a status of the very high IJTEHAD
due to the very high following of each one of these and it
is quite well to say that even if many Muslims do not
follow any of them yet it is a matter of IJMA’ that to
follow the rulings of any of them in good-faith in the
debatable issues previously decided by them would not
lead to any misguidance considering by Islam insha-Allah;
TAQLID (the following of IMAMS), for ordinary Muslims
not at status to make IJTEHAD by their own, is certainly
necessary to take in issues decided before i.e. in the
ancient times that are relevant to the practice of Islamic
Commands even now and even the better thing for
MUJTAHIDS in these issues is that they must follow the
high IMAMS in previous rulings too that are relevant even
at these present times yet with their mutual assistance,
they can interchange some of the good rulings of high
IMAMS even now where necessary in good-faith by
IJTEHAD MUQAYYAD (that is the limited IJTEHAD
which remains inside in application to the rulings of the
four high IMAMS); (5) he must have the ability to apply
his person totally to get the Islamic Command by utmost
high observation of the Holy Book Quran and by utmost

high reflection on the Sunnah for some debatable issue he
takes up to consider and that issue also, he must
understand well with its necessary detail, pros & cons. As
for the OBJECT for IJTEHAD, note that IJTEHAD is
strictly related to Islamic “Commands” only and even in
them, it is related strictly to only those issues that ask
immediate judgment at a given time and a given place
being open to debate; in other words, the command for
the issue taken-up in consideration for IJTEHAD must
not be clearly stated in the KITAB or/and the SUNNAH
though the Subject, the MUJTAHID, has to base the
IJTEHAD itself for it on some clear reference of both
the primary sources or any one of them that he
understands to be related to that issue in consideration
keeping all the necessary teachings of Islam clearly in
view as not to decide anything against any of them by
taking-up his reasoning POSITIVELY; the second thing
here is that it must not be taken as the only and the
final answer to the issue but accepted such that this is
the right answer here that would “Most Probably” lead to
get the pleasure of Allah; this implies that it would still
remain open to debate by other MUJTAHID of caliber
though that MUJTAHID must not exercise his faculty of
IJTEHAD on that unless totally necessary as mentioned
previously; Al-Hamdu Lillah. The point to note here is
that Muslims have the liability to fulfill the ruling by
IJTEHAD in general practice only when IJMA at some
status takes place on it when and where necessary;
though even a high acceptance of some COLLECTIVE-
IJTEHAD does have value to bring it to the status of a
weak IJMA’ that is quite acceptable in the scenario we

face today; considering it strictly as the representation
of the pleasure of Allah seeing by the Holy Book Quran
and the SUNNAH. Where the IJTEHAD does not achieve
such value by getting IJMA’, it would remain binding only
to the MUJTAHID in practice and to all those that take
it up well considering that the pleasure of Allah is in it
most probably; indeed the Islamic Commands are the
Commands of Allah only; Al-Hamdu Lillah. Keeping to this
clarification, note that IJTEHAD depends on the high
intellectual effort done by a competent practicing Muslim
person who is at the level of MUJTAHID pondering well
at the basis of Islamic Commands that are the KITAB
and the SUNNAH, remaining totally committed to that
only while trying to get the positive suggestion for the
judgment he wants, with total attention towards Allah
only, on a matter that is open to debate by Islam that
needs a clear judgment fast in a given situation with its
pros & cons known well to that competent MUJTAHID who
comes to the ruling on that matter then, taking it as
most probably the most righteous way for practice to get
the pleasure of Allah, without insistence that it is the
only right practical way here for certain. With this given
statement in view, note that IJTEHAD is not a personal
opinion in any way for sure and it is highly valuable when
the MUJTAHIDS take it up collectively asking practicing
Muslims to adhere to its ruling in clear terms in these
current times for sure; Al-Hamdu Lillah.
4e-Note that IJTEHAD has three kinds by the text-
book; TAUZIHI, ISTINBATI and ISTESLAHI. This last
one is related to ISTEHSAN and MASALEH-MURSALA

(i.e. ISTESLAH) and I, MSD, have already remarked
that these two are not worth considering in the process
of IJTEHAD in any ways now as they would lead to
erroneous judgment in today’s scenario where the
collective matters have inclination but little towards the
KITAB i.e. the Holy Book Quran and the SUNNAH in
practice; with this stance, I, MSD, would omit the
mention of IJTEHAD-ISTESLAHI in our study here. So,
there remain two kinds only of IJTEHAD as of now,
TAUZIHI and ISTINBATI. With that, note also that
QIYAS that commands very high value in the study of
IJTEHAD at the USUL Al-FIQH, is included in
ISTINBATI though ISTINBATI does have more to it
inside than QIYAS only for certain. It is well insha-Allah
for a MUJTAHID to apply ISTINBAT at the Holy Book
Quran where understandable yet that must come at fore
minus QIYAS with the assistance of the important points
mentioned previously that are relevant to the IJTEHADI
process and with the assistance of the Key-Statements
that we would study ahead insha-Allah keeping strictly to
all other guidance of the KITAB and keeping strictly to
the SUNNAH of the Prophet PBUH. So, for the purpose
of understanding IJTEHAD in the simple way, the division
by two kinds, TAUZIHI and ISTINBATI, is better that
indicate TAZAKKUR and TADABBUR at the Holy Book
Quran respectively leaving ISTESLAHI aside. It is very
interesting to note that those who have worked well at
USUL Al-FIQH tell clearly that ISTINBATI is based on
clear positive indications of the KITAB and the SUNNAH
while ISTESLAHI is based on the notion that by it
nothing challenging to the Islamic Teachings comes at

fore; this difference does clarify well for certain why
ISTINBATI has its worth and why ISTESLAHI does not
hold good in the process of IJTEHAD as of now where in
the name of the unchallenging attitude to the KITAB and
the SUNNAH, misjudgment has occurred highly and would
occur highly due to the general decline in adherence to
the Islamic Values that has led to care about the worldly
life more than the life at AKHIRAT for certain; the past
century has proven this well. However, as ISTINBAT
must not be limited to QIYAS, it is not improper to say
in today’s scenario, that besides TAUZIHI, all the
worthy acceptable IJTEHAD in actual is ISTINBATI for
certain; in-fact, even TAUZIHI assists it good in its
application and it certainly is much needed when
ISTINBATI is applied. This tells clearly that though
TAUZIHI might not need ISTINBATI for its application
as it goes up-to a certain level, ISTINBATI actually
takes everything related to Islam to come to its ruling on
a debatable issue with total attention towards Allah only;
that includes even QIYAS when it is applied to the
understanding of the Holy Book Quran at TAZAKKUR
(that is TAUZIHI) and to the understanding of the
SUNNAH of the Prophet PBUH; as such these both are
not mutually-exclusive where ISTINBATI is in discussion.
Note that TAUZIHI relates highly to the understanding
of the word at the NASS (i.e. the KITAB and the
SUNNAH) better, especially of the KITAB i.e. the Holy
Book Quran. This includes consideration of its meanings in
the KITAB, the further indication that might relate to its
meanings, its usage by speech and even its omission if
there is an indication to that in the sentence, its

placement and all other relevant points to it there. In the
SUNNAH, the presentation of the word is important only
when we take it up well in as simple way as possible with
meanings that were in vogue at those times, without
taking any stress to go deep for its meaning. The
application of four terms to understand the Islamic
Commands specially by the Holy Book Quran, relate to
this kind of IJTEHAD; these are “IBARATUN-NASS”
(what the words clearly present), “ISHARATUN-NASS”
(what the words clearly present though that is not the
issue under discussion directly), “DALALATUN-NASS”
(what the words denote by extending the impact of the
meaning of those words) and “IQTIDHAUN-NASS” (what
the complete sentence denotes by acknowledging an
unmentioned yet understood word as present there at the
appropriate location). IJTEHAD-ISTINBATI enfolds the
four so-called additional secondary sources to Islamic
Commands and that means it takes their assistance as
notable points rather important statements, to consider in
the process of IJTEHAD; it must omit ISTEHSAN and
ISTESLAH during this process. These two that are
ISTEHSAN and ISTESLAH, are said to be indirectly and
directly related to IJTEHAD-ISTESLAHI respectively
that is out of our discussion. Both the IJTEHAD that are
well to take-up at these current times at the Holy Book
Quran, i.e. TAUZIHI and ISTINBATI, must keep the
SUNNAH necessarily in view though ISTINBAT must also
care lots to keep in view all other AAYAH of the KITAB
that are relevant to the AAYAH it observes. It must
take into consideration all the Key-Statements too
specially seven of them; four I, MSD, have mentioned

that are named among the so-called secondary sources to
Islamic Commands and three I would mention ahead insha-
Allah; QIYAS also comes under the head of ISTINBAT
by designation though it is important to see that QIYAS
is applied at the SUNNAH only where needed and applied
at TAZAKKUR only to the KITAB with high care; note
that ISTINBAT in itself, relates to TADABBUR; Al-
Hamdu Lillah. Now, going ahead, we have to study two
ways too to take-up any of these two kinds of IJTEHAD
and that are MUTLAQ and MUQAYYAD. The former
means to decide about Islamic Command on a moot issue
that has arisen currently, directly from the KITAB and
the SUNNAH while the latter means to make some
clarification keeping to the KITAB and the SUNNAH,
often petty in nature, on an issue that had been already
decided well by the MUJTAHIDS previously; we had got
it indirectly through them previously too from the KITAB
and the SUNNAH only. Today, we Muslims need to decide
the Islamic Attitude, getting to the Islamic Command, in
response to the usage of different modern gadgets that
have come into the life-style, by the MUTLAQ keeping
strictly to the KITAB and the SUNNAH of the Prophet
PBUH certainly. This is because the previous rulings are
not much relevant to designate their usage in the current
times. Moreover, there is much intermingling of the
Muslim persons with the Western people today and these
Western people understand and value Islam but little.
This intermingling takes place specially through the
electronic and social media, that does ask too for the
Islamic Attitude clear and fast. Certainly, this IJTEHAD
does need utmost good understanding of Islam strictly on

the basis of the KITAB and the SUNNAH yet it is quite
achievable once the practicing Muslims that are among
ULEMA try their best to rise at the status of
MUJTAHID by study and more than that, by asking Allah
for the status and then they rise practically to the task;
Al-Hamdu Lillah. Today we Muslims have three types of
issues that are related to IJTEHAD in character and
among them the issues at the third type need high
concentration for sure to keep to the Islamic Guidance
practically in the present times. The first type are those
that we needed before and that we need now too and
their need is till all times ahead, to fulfill the Islamic
Commands given in the KITAB and the SUNNAH because
they provide the guidance in clear terms that is totally
necessary to take-up well to practice those Islamic
Commands; in them are those important rulings too that
relate to the five pillars of Islam; Al-Hamdu Lillah.
SAHABA or/and the four prominent IMAMS with others
of equal status to those IMAMS at their times have
decided these issues well for all times and places
according to the KITAB and the SUNNAH for ease in
their necessary practice; these are the totally settled
issues that need total attachment only to them in
practice; the practicing Muslims do follow them well as
they must not be challenged by any way, neither by
MUTLAQ nor by MUQAYYAD; Al-Hamdu Lillah. The
second type are those that we Muslims certainly needed
before due to the guidance provided specifically in the
authentic Ahadith and we do still need them yet there is
no need to adhere strictly at face to them at this
present time but their asking has yet to be fulfilled;

example for this are the rulings relating to the weaponry
of old when and where applied for the necessary QITAL
that their rulings would apply in these current times to
the modern weapons by the compatible way keeping the
essence of those rulings intact according to the Islamic
Guidance; the ruling for LUQTA (any thing of value lying
somewhere at ground with no evident claimant to it) so its
ruling would apply in these current times by the good
announcement by the finder by the newspaper or by some
specific program relating to people in general at electronic
or social media so that certainly would do well at the
present times as the main thing here is to announce the
LUQTA as much as possible to all according to the Islamic
Guidance; the rulings relating to the means of conveyance
given at those ancient times as that were mostly related
to horses & camels then, would apply onto the modern
means of conveyance in these current times by the
manner best suited for now avoiding all shameful attitude
and also all unjust approach according to the Islamic
Guidance; the ruling for purity of water at wells that
were commonly used in those days and even up-to the
previous century but now their usage is limited where the
old ruling must be followed, so its ruling would apply in
these current times by the modern methods of cleanliness
of the water checking that no difference to it takes place
that is related to its color, smell or/and taste according
to the Islamic Guidance. Other such rulings too that pass
the criteria of taking the actual specific asking of the
previous rulings based on Ahadith only as mentioned here
when and where necessary are also included in this type
judging with utmost care all the issues of this type taking

high care that nothing adverse to the KITAB and even to
other authentic Ahadith takes place in such practice; this
does need a collective stance of ULEMA of repute. Note
well that where there is confusion as to taking an issue at
the first type or at this second type, then it must be
taken at the first with a strict adherence to it for sure;
Al-Hamdu Lillah. The practicing Muslims must take-up the
practice on these second type of issues observing that
their practice neither violates the respective specific
asking of the commands for them at Ahadith nor their
practice causes any disrespect to those Ahadith in any
way; the ULEMA of repute only, rising to the status of
MUJTAHID by the highest study of the KITAB and the
SUNNAH possible for them and by total attention
towards Allah only, can take-up IJTEHAD-MUQAYYAD
applying TAUZIHI or/and QIYAS of ISTINBATI on
these issues; they only have to fulfill the actual asking of
the rulings on them as guided by the authentic Ahadith in
such issues without degrading the previous rulings in any
way by their good efforts; they must try to keep to the
asking in Ahadith for such issues as much as possible up-
to the highest effort of the Man for certain. Note that
there is a HADITH that clearly validates this attitude of
taking-up the asking of the SUNNAH where there is
some debate at an issue. It tells us that the Prophet
PBUH commanded on the day of AHZAAB that “No one of
you should pray ASR until you reach BANU-QURAYZAH.
While they were on their way, the time of ASR came.
Some of SAHABA-RA said we should not pray until we
reach BANU-QURAYZAH. Others said we should
pray ASR now because the Prophet (PBUH) did not mean

for us to leave the ASR prayer (on its time), but he
wanted us to follow in haste. So some of the SAHABA-
RA prayed ASR, while others continued on until they
reached BANU-QURAYZAH after sunset. When they
went back to the Prophet PBUH, they mentioned to him
this all and HE DID NOT BLAME either one of them";
this is reported by BUKHARI; Al-Hamdu Lillah. The first
type of issues pose no problem to practicing Muslims as
these issues are necessary to practice as settled
previously and they are well at manifestation even now
having no need of any touch in any way; Al-Hamdu Lillah;
while for the issues at the second type, the ULEMA of
repute capable of taking-up IJTEHAD-MUQAYYAD rising
to the status of MUJTAHID, certainly can do the job
well, recognizing them well and deciding well on them still,
seeing that no such thing takes place that is adverse to
the KITAB and the SUNNAH by their beautiful collective
effort remaining totally attentive towards Allah only; Al-
Hamdu Lillah. The problem does appear at the third type
of the issues that need clarification for practice and that
are those which we Muslims are facing today due to the
general effect of the modern gadgets and the high
impression of the West in the lives of the people today;
these issues were neither encountered nor any
interpretation was offered for their application according
to the Islamic Teachings by the MUJTAHIDS of old
previously. While the issues at the first type do not need
any IJTEHAD at all and the issues at the second type
relating to Ahadith need the IJTEHAD that is
MUQAYYAD only in nature caring to fulfill the asking of
the SUNNAH totally well, these issues at the third type

need IJTEHAD that is MUTLAQ though that even must
necessarily have some reasoning in the positive manner by
the KITAB or/and the authentic SUNNAH without fail;
the notable point here is that it must take something
positively from these two primary sources to the Islamic
Commands and just seeing in this IJTEHAD that nothing
adverse takes place to these primary sources would not do
here as to take-up debatable issues in this manner is
erroneous, specially in these present times where the
persons at the management of people’s affairs care but
little about Islam. We Muslims face a huge challenge at
the present times as the change in the living style, due to
the modern gadgets that have come into the common use
and due to high inter-action that have occurred between
the Muslims and the non-Muslims by the media, has
affected people so much all over the world in this current
era that we Muslims need to decide for the necessary
Islamic Attitude here fast and clear so that even if this
change does affect, it must not affect us adversely at
the collective level. Never ever before in the history of
the mankind has such change in the life-style of the Man
occurred so fast and so big that is not only due to the
modern Satanic thought that takes the Man as an animal
only by different sides, but also due to the practical
application of that very Satanic thought taking the
worldly life as the only thing to care, forgetting Allah and
forgetting that we all have to answer to Him at AKHIRAT
for certain; the desire for ease at the world has caused
to invent such gadgets that have certainly brought much
convenience here yet with that, many of them pose a high
challenge at times to the Islamic Mode of living even by

their presentation only at the environment we live in. But
Islam comprises of the Commands of Allah and as such, it
is true in the text and the practice for all times and for
all places; these Commands in essence, have been
provided to us totally at the golden period of the Last
Prophet Muhammad PBUH; Al-Hamdu Lillah. Although I,
MSD, would point-out the general attitude to take by a
simple statement for the modern gadgets in these present
times by the KITAB and the SUNNAH at the Conclusion
in this writing insha-Allah yet the actual work certainly
has to be done by those prominent ULEMA of repute who
can rise to the status of MUJTAHID deciding the best
for these current issues mutually that need address fast
and clear; Al-Hamdu Lillah. ULEMA are in agreement that
IJTEHAD is the collective obligation (FARDH-KIFAYAH)
of all qualified compatible MUJTAHIDS in the event
where an issue arises but no urgency is encountered over
its ruling but it is a personal obligation (FARDH-AYN) of
any of those qualified compatible MUJTAHIDS in urgent
cases; we certainly need the COLLECTIVE-IJTEHAD good
for general practice fast and clear at these current
times; Al-Hamdu Lillah. If the prominent ULEMA adopt
the attitude of avoidance not going for the presentation
of Islam in utmost clear terms in today’s scenario
collectively keeping themselves just to “wait and see” then
that would not only be against the good status they enjoy
but it would also put Muslims generally at such high
trouble that they might even think erroneously that Islam
has become inefficient to deal with their current
problems; MUAZ-ALLAH. Here even TAQLID (following
any of the four prominent IMAMS) would not do as

TAQLID does not give answer to these issues that we
face today; here what we need in clear terms, is the
MUTLAQ-IJTEHAD. The MUJTAHID must care for
TAQLID in the settled issues taking them from the
previous rulings that assist in the practice of the KITAB
and the SUNNAH for certain yet we need MUTLAQ for
many modern issues at hand. The urgent need for the
IJTEHAD that is MUQAYYAD in the second type of
issues, is still not much difficult to tackle by ULEMA of
high repute at places even at the present times to put
into practice well; Al-Hamdu Lillah; yet the urgency for
the MUTLAQ does seem to pose much problem by the
Islamic View today that is highly needed at the issues of
the third type; the persons at influential positions who do
care truly about Islam and who do have authority at the
management of affairs of people can do well here keeping
to the Islamic Values indeed. However, this is a notable
point that though the legislative organ of an Islamic
state, when it comes to understand the KITAB and the
SUNNAH well and takes it into practice, can assist in
such MUTLAQ-IJTEHAD where the conditions to the
SUBJECT and the OBJECT are present yet even that
organ can not abrogate any command that is stated in any
of the two primary sources for the simple reason that
Allah is the Absolute-Authority to provide the Law and it
is His will only that determines good and evil. He has
provided His Guidance clearly by the Holy Book Quran in
principles and by the SUNNAH of the Prophet PBUH for
the practice of those and so Muslims can use whatever
authority they have or achieve, only within the limit
specified by the Commands of Allah getting them by

these two Primary Sources and as such, even the
Consensus (IJMA’) that is indeed one of the recognized
sources of the Islamic Commands that relates directly to
the practical values of Islam, is also totally dependant
and absolutely subservient to these two that are the
KITAB and the SUNNAH; it can explain them but never
can overrule their explicit injunctions; Al-Hamdu Lillah.
4f-Note that QIYAS, that is essentially a component to
IJTEHAD, is also mentioned with high esteem in the
USUL Al-FIQH. It literally means “to measure something
in specific units with some appropriate measuring tool”. In
accordance to this, the specific meaning that the USUL
takes for it is “to take-up the ruling for an issue that is
yet open to debate and that is in accordance with the
ruling on a previous issue that is known to be Islamic for
certain, because it is very similar in manifestation and
nature to it judging that similarity by deep observation of
the KITAB and the SUNNAH”. Due to its inclusion in
IJTIHAD (that is ISTINBATI), the AAYAH quoted for
IJTEHAD are good for its validity too; see also Surah
HASHR-2 where “FA’TABERU” is a direct indication to
QIYAS according to the TAFSIR of many ULEMA of
repute. The four IMAMS agree to QIYAS using it
strictly in accordance with the KITAB and the SUNNAH,
some putting it to use more than others. According to its
definition, QIYAS comprises of four things; these are the
ASL for QIYAS (the issue that already has the Islamic
ruling to it according to the actual sources to Islamic
Commands), the FAR’A (the issue open to debate that
needs the ruling to it), the HUKM (the ruling that is

needed) and the ILLAT (the similar specific cause judged
by the deep observation of the SUNNAH, between the
ASL for QIYAS and the FAR’A and the resultant ruling
must certainly not fall against the KITAB in any way).
The good example for QIYAS is that as the dealings in
the property of a child is made by his WALI (the
Guardian) so then his marriage is also to be made by his
WALI as without that, it would not be valid; here the
former issue is ASL for QIYAS, the issue of the child’s
marriage is FAR’A, the ruling for the former that is
taken-up for the latter too is HUKM and ILLAT is that
both, handling of his property and the issue of his
marriage are on the same plane of transactions so they
both seem to have the same ILLAT by TAZAKKUR at the
Holy Book Quran (see Surah NISAA-6); Al-Hamdu Lillah.
Another better example can be quoted about the question
UMAR-RA asked the Prophet PBUH; he had asked if
someone kisses his wife while fasting and the Prophet
PBUH replied in words to the meaning that it is like
gargling with water (and as such, does not break the
fast). QIYAS is applicable well at the SUNNAH yet it
must not be applied to the Holy Book Quran on the level
of TADABBUR though what the good understanding of the
MUJTAHID gets readily by words plainly on the level of
TAZAKKUR putting to use the four terms related to the
understanding of the NASS is well here insha-Allah
without any stress to the mind. In other words, the
application of QIYAS when it assists in TAUZIHI is quite
fine insha-Allah without the concern if the term “QIYAS”
is used for that or not, just taking the TAUZIHI as the
simple understanding of the Holy Book Quran readily

available to the MUJTAHID. As noted before, it is
required to refrain from the practice of QIYAS on
TADABBUR for the simple reason that to come at ILLAT
at the KITAB that is the speech of Allah, is not feasible
due to our limitation here; note here that to find the
ILLAT for QIYAS is even a challenging task when applied
to the SUNNAH where the QIYAS is good in all manners.
ULEMA do know well that there are some issues where
due to the guidance of Ahadith, the clear asking of
QIYAS has been left aside as exceptions and this tells us
to be highly cautious to apply QIYAS to the Holy Book
Quran even at the level of TAZAKKUR; Al-Hamdu Lillah.
However, this does not imply at all that a MUJTAHID
must not take-up the deep observation at the Holy Book
Quran as that is most appreciable for the MUJTAHID
but that must remain without any inclination towards
QIYAS; this deep observation is inside the area of
ISTINBAT that certainly relates to TADABBUR; Al-
Hamdu Lillah. In QIYAS, the meaning of ASL taken for
QIYAS, FAR’A and HUKM are most clear but the fourth
term i.e. ILLAT does need some detail so this brief study
at USUL Al-FIQH insha-Allah would take that up now;
Al-Hamdu Lillah. Note that ILLAT is not just a simple
cause to an Islamic Command but it actually is the
specific cause understood by the high observation of the
KITAB and of the SUNNAH that establishes the Islamic
Command due to the judgment of striking similarity
between two issues, one of them decided and the other
open to debate. There are three terms that relate to
ILLAT and they have been coined due to its importance in
QIYAS, to elucidate it totally well for application. The

first of these terms is TANQIHE-MANATH (to clean the
different factors in the issue, the ASL for QIYAS, to
get to the right ILLAT there); the second is TAKHRIJE-
MANATH (To observe the issue well then put in focus,
the right ILLAT there) and the third is TAHQIQE-
MANATH (to apply the ruling of the ASL to the FAR’A
according to the striking similarity of the right ILLAT
there that clarifies the FAR’A for the practice clearly).
The first one implies that the MUJTAHID decides the
identity of the ILLAT in the ASL for QIYAS if there is
some doubt that there seems more reasons than one in
the decided issue that is taken to apply at FAR’A. By
observation of the KITAB on the basis of TAZAKKUR and
by observation of the SUNNAH well, he must discard all
such at that issue that might seem ILLAT by the strict
scrutiny he takes-up making easy to get to the right one.
The second of these terms implies that the MUJTAHID
locates the right ILLAT by observation of the KITAB and
the SUNNAH; clearly taking it in focus as the specific
ILLAT of the ASL for QIYAS to be applied in the best
way to the FAR’A without any doubt. The third of these
terms implies that the MUJTAHID applies the ruling of
the ASL for QIYAS to the FAR’A in the best possible
way to make ease in practice regarding that issue i.e. the
FAR’A, keeping the pros and cons and even the effects
that such practice might cause individually and
collectively, at the given time and the given place. The
MUJTAHID must see to the detail well of this last one
that is TAHQIQE-MANATH, that is related to the
application of the ruling (HUKM) by QIYAS too as even a
minor blunder in this might cause a major problem in the

practice in that issue according to the Islamic Viewpoint;
the attention must totally be towards Allah as He only
can end the FITNAH at the environment by the righteous
guidance towards the Truth certainly; Al-Hamdu Lillah.
Note that all the rulings of the FIQH are related to
HIKMAT (the Wisdom); this means in the Islamic terms
the righteous path to take in a given environment for
practice strictly according to the KITAB and the
SUNNAH of the Prophet PBUH; Al-Hamdu Lillah.
THE KEY-STATEMENTS
Besides the four so-called additional secondary sources
that are relevant statements to the process of
IJTEHAD-ISTINBATI, there are other very important
Key-Statements in FIQH based on the KITAB and the
SUNNAH, that also do have the weight that claims
relevance at the IJTEHADI process. Although these Key-
Statements are related to the FIQH rather than the
USUL Al-FIQH yet they claim a high importance here
too, specially five of them, as they also do assist
IJTEHAD-ISTINBATI enjoying the status very like the
four so-called additional secondary sources; in actual,
those four also are the Key-Statements that are closely
related to USUL. Note that two of these FIVE very
important Key-Statements, that have been named even as
the “Five Normative Maxims” in FIQH, have already been
mentioned in the four so-called additional secondary
sources; Al-Hamdu Lillah. These two are ISTESHAB
indicated by words here that “Certainty is not over-ruled
by doubt” and ‘URF indicated by words here that “Custom

unchallenging to the Islamic Values, is highly significant”;
these two are considered among the FIVE very important
Key-Statements. Due to the importance of these FIVE in
the assistance to IJTEHAD, I, MSD, would insha-Allah
present the other three too that are unmentioned in the
four so-called additional secondary sources making these
Statements that assist the IJTEHAD-ISTINBATI seven
in total; Al-Hamdu Lillah. I, MSD, would take these
three in three pairs of statements, as both the parts of
each pair of statements are near to each other in
application when their outcome remains in focus. Each of
these pairs, like all the four Key-Statements mentioned
before, is based on the KITAB and the SUNNAH,
indicating some specific view that claims indeed a very
high attention in the IJTEHADI process and as such, in
the Islamic Teachings; Al-Hamdu Lillah.
“Acts are judged by the intentions behind them”
“No Virtue in the good deed done to show-off”
“Harm must be eliminated but not by another harm”
“Stoppage of harm takes priority over asking of benefit”
“Hardship brings some temporary facility”
“Utmost Necessity makes unlawful as lawful temporarily”
The first pair of statements tells us that no person is
liable to any good return for a deed that is though good
in nature by itself yet it has been done to boast and
boost the self only in the eyes of people; however this

must remain clear too that “all persons are innocent until
proven guilty” as is shown in the statement related to
ISTESHAB that “certainty is not overruled by doubt” and
as such, nobody must be blamed unless and until his wrong
intention to something is obvious. There is a narration by
UMAR-RA in the authentic Ahadith to this effect that
the Prophet PBUH said, “Deeds are related to the
intention behind them. And for a man is what he intends.
If a man’s migration is for Allah and His Messenger then
his migration is (recorded) for them; but if his migration
is for the world to earn it or for a woman to marry her
then his migration is focused on that for which he has
migrated” (TIRMIDHI). Intentions do value for deeds and
if someone has wrong intention not caring about the
pleasure of Allah, then even if the work he has taken-up
is virtuous, he would not get benefit at AKHIRAT from it
certainly. Also, no adverse dealing must be shown when
some forgetfulness leads to an adverse deed or it is done
without any intention to it whatsoever; there is a
HADITH on this point narrated by ALI-RA that tells us
“The pen is raised concerning three, one who is asleep till
he awakes, a child till he attains puberty and an insane
person till he regains senses” (TIRMIDHI). When a
person commits an act without any true intention to it, his
attention towards Allah would certainly save him from its
bad effects. The Holy Book Quran says. “Repentance with
Allah is only for those who do evil in ignorance, then turn
attention (to Allah) soon, so these it is to whom Allah
deals mercifully, and Allah is ever Knowing, Wise” (Surah
NISAA-17). This pair of the Key-Statements does tell
with other things, that the benefit of doubt goes to the

one who is charged with a crime and the proof for the
crime is on the person who claims about someone that he
has committed a crime; Al-Hamdu Lillah.
The second pair of statements tells us that harm has to
be eliminated yet that must not by done by putting
another harm in replacement. Please note this well here
that harm is only that which the KITAB and the
SUNNAH designate as harm; in other words whatever is
wrong as clarified by these two, they have to be avoided.
There is another key-statement that is related to this
pair that tells that “if unavoidable to take one of two
wrongs, then the lesser wrong has to be taken”; however,
this one is for the situation of IDHTIRAR (utmost
necessity). There is high misconception about this pair of
Key-Statements as sometimes this has been taken without
caring about the fundamental concepts that both the
Primary Sources to the Islamic Commands provide and at
such times, even the term “harm” has been interpreted in
most ordinary ways without care to the view that harm
actually is of AKHIRAT that is mentioned here and not of
the worldly life. When the harm is of AKHIRAT, then it
must be eliminated as soon as and as much as possible but
not taking any such solution that results in hindrance to
applying of some Islamic Value again thus becoming a
harm again in respect of the betterment of AKHIRAT.
When there are both good and bad aspects to a matter,
then it must be avoided in practice as to see to the
avoidance of harm is the priority here without care about
the benefit; note that Holy Book Quran does mention that
though drinking of wine does have some worldly benefits

yet its evil effects at the AKHIRAT are much more than
those. The AAYAH reads, “They ask you about
intoxicants and games of chance. Say: In both of them
there is a great sin and means of profit for men, and
their sin is greater than their profit. And they ask you as
to what they should spend. Say: What you can spare.
Thus does Allah make clear to you the communications
(AAYAH), that you may ponder” (Surah BAQARAH-219);
afterwards, all intoxicants were prohibited by the
AAYAH-90 of Surah MA’EDAH. It is very important at
the administrative level that no such decision must be
taken with this argument that the harm has to be
eliminated unless there is total clarity about the actual
definition for the term “harm” and about the Islamic
manner by which it has to be eliminated. Due to some
decisions to eliminate the so-called harm, mostly in the
name of applying IJTEHAD-ISTESLAHI, there appear
many official hindrances for the common Muslim man to
live as of now who does want to live with ease in
necessities only with total care to AKHIRAT; this
uncaring attitude of people at responsible positions might
lead to a clash in the long-run period ahead even among
Muslims causing high anxiety to all though such clash is
certainly not praiseworthy according to Islam. It is true
that the Islamic Teachings give importance to the safety
of life and its honor, mind, heritage and property; yet
the main thing it cares to save is the True Belief that
the man has according to the Islamic Teachings and that
needs good activities for its charm; where those activities
are not enhanced by the environment but are challenged
on and on by official needs of useless documentation at

the environment, that might lead the good practicing
Muslims to revise their attitude of peace to end up the
FITNAH by violent means; this would cause high tension
at the environment for sure. The Man must not
compromise his belief and even the space for good
activities for anything and that is what the Key-
Statement that is under study, tells us. It is not at all a
statement that is favorable to IJTEHAD-ISTESLAHI but
indicates that the Muslims must care to live upon Islam
with as ease as possible and if that manner of living
seems highly difficult due to the general prevalence of
FITNAH, then they must join hands to challenge the
adversities that cause hindrance to the Islamic lifestyle
but with as peaceful stance as possible and asking for
Allah’s help, eliminate it as soon as possible totally,
according to the teachings of the KITAB and of the
HIKMAT provided by the SUNNAH; Al-Hamdu Lillah.
The third pair of statements tells us that at IDHTIRAR
(the utmost necessity), there is some margin to eat
something that is HARAM (that is strictly prohibited) or
take-up an action that normally is not praiseworthy. Note
here that the action would not become JA’EZ even then
but due to utmost necessity of saving the life, the person
at such IDHTIRAR would have the margin to take-in the
necessary amount of something HARAM but even then only
up-to necessity; there must be no inclination actually
towards the disobedience of Allah and there must only
remain hope that Allah would forgive. The Holy Book
Quran says, “He has only forbidden you what dies of
itself, and blood, and flesh of swine, and that over which

any other (name) than of Allah has been invoked; but
whoever is driven to necessity, not desiring, nor
exceeding the limit, no sin shall be upon him; surely Allah
is Forgiving, Merciful” (Surah BAQARAH-173). The most
important point to note here is that it is allowed
temporarily to benefit from filth to save life at
IDHTIRAR according to the AAYAH mentioned yet the
AAYAH does not give any allowance for the violation of
sanctity of any respectable thing, nor does the authentic
SUNNAH give such margin. Note that if someone is at
the near of his death and he finds a human body to eat,
he has to refrain from eating it for certain due to the
sanctity involved here. This point is highly important to
see where the sanctity of women-folk is involved as there
are matters, mostly medical in nature as of now, that
relate to women-folk where it is highly necessary to see
that there comes no violation to the sanctity of the
women-folk as Islam takes it. Please note well that even
in IDHTIRAR, it is not allowed to violate the sanctity of
anything to which Islam has provided respect and this
tells directly that we do have to revise our attitudes fast
and clear where there is the sanctity of anyone in
consideration; when there is the physical benefit of the
worldly life at one side and the spiritual loss of AKHIRAT
at the other, we must leave the worldly benefit totally
and care only about saving ourselves completely at
AKHIRAT; this attitude is clear to take as understood by
the guidance about the intoxicants as mentioned
previously; Al-Hamdu Lillah.

With all said, it is totally clear that IJTEHAD does claim
a very high status in the USUL Al-FIQH that enfolds two
kinds, each having its own vast field for judgment of
issues; TAUZIHI being directly connected to the words
of the KITAB and the SUNNAH while ISTINBATI being
directly connected to all aspects of the deep observation
of the KITAB and the SUNNAH enfolding even TAUZIHI
when and where necessary; Al-Hamdu Lillah. ISTINBATI
enfolds the QIYAS too though in its application at the
KITAB i.e. the Holy Book Quran, it would leave the
QIYAS aside where the QIYAS would remain to
TAUZIHI only; Al-Hamdu Lillah. In addition, it takes
assistance in its process to get to the needed solution of
the moot problem it targets, by the FOUR plus THREE
relevant Key-Statements too; it also takes the assistance
of all the other necessary teachings that any of the
Primary Sources, the KITAB and the SUNNAH, provide
to us all. Thus, IJTEHAD, though of any kind, judges by
the KITAB and the SUNNAH positively all debatable
issues that come into its consideration without any
inclination towards making a decision by its own and works
for ease in the practice of the Islamic Commands that
are the Commands of Allah only, keeping the environment
free of all the injustice and indeed, free of all that is
shameful; Al-Hamdu Lillah.
GLOSSARY
Islam comprises of Commands of Allah and to know their
position is utmost necessary to put Islam into practice
well. Note that only Allah has to be obeyed actually as

He is the One Creator of all and obedience to any of His
creatures is allowed only when it does not become a
challenge to His obedience; “there is no obedience to any
of the creatures in the disobedience of Allah” (ABU-
DAWUD). There are three sources to know these
Commands and those are the Holy Book Quran, then the
SUNNAH of the Prophet PBUH that is the enlightenment
about the Holy Book Quran as provided by the authentic
Ahadith for practice of those Commands and then the
Consensus (IJMA’) of prominent ULEMA (MUJTAHIDS),
especially SAHABA-RA, though it does not denote the
Commands in itself but denotes their status and matters
relating to them, clarifying them totally for practice.
Here, I am presenting the terms that are commonly used
to denote the status of Islamic Commands, the Commands
of Allah, and this would insha-Allah help a lot in the
understanding of the KITAB and the SUNNAH; Al-Hamdu
Lillah.
FARDH literally means to decree, whilst in the SHARIAT
(the way denoted by Islamic Teachings; also SIRAT
MUSTAQIM in a broad sense), it denotes that which is
delineated in such a manner that no increase or decrease
is possible. FARDH might be FARDH AIN (that which is
necessary on each Muslim to perform) or it might be
FARDH KIFAYAH (that which is necessary to perform by
at least some of the Muslims in a group at a time or at a
place). To say the SALAH is FARDH AIN and to spread
the teachings of Islam with love and care to all is FARDH
KIFAYAH. The command of a FARDH is communicated by
a definite text wherein there is no ambiguity but in fact,

it is totally clear and specific and to act upon it is
necessary.
WAJIB literally means necessary, whilst in the SHARIAT
it denotes that which is established by an interpretation
with understanding of Verses of the Holy Book Quran or
of narrations of the Ahadith. And it is also binding and to
act upon it is necessary.
SUNNAH (MUAKKADAH) means in SHARIAT the
emphatic SUNNAH or in other words, an act upheld by
the Prophet (PBUH) perpetually whilst letting it be known
that its performance is not FARDH or WAJIB. The
abandonment of SUNNAH MUAKKADAH (emphatic
SUNNAH) asks for a reproach because its perpetual
omission becomes tantamount to opposing that which the
Prophet (PBUH) perpetuated and in this sense it is
somewhat binding on Muslims.
SUNNAH (GHAIR-MUAKKADAH) means the SUNNAH
that the Prophet did sometimes and also left sometimes.
It is not binding though it is better to fulfill such a
SUNNAH sometimes so as to become included in those
who care about SUNNAH to a high extent.
MUSTAHAB means an act that the SHARIAT likes and
favors though it is not binding at all and omission of its
practice is not something to blame.
MUBAH means an allowance given to a MUKALLAF person
(a competent person who is Muslim, Sane, Adult and in

full possession of his faculties) in performing or refraining
from an act. MUBAH has been defined as that act upon
which no commendation is shown; neither upon its
performance nor on its omission.
MAKRUH TANZIHI means that act to which the
SHARIAT shows some reproach yet the person who takes
it up, is not in actual blame-worthy if he does it
sometimes without any adherence, though he would be
advised to refrain from that if he persists on that
without any care to leave it. It is an opposite of
SUNNAH MUAKKADAH.
MAKRUH TAHRIMI means that act to which the
SHARIAT asks to refrain and takes its practice as a
wrongful doing. As such it is a matter that if taken up in
practice is much to blame. It is an opposite of WAJIB.
HARAAM means that act to which the SHARIAT asks to
refrain emphatically clarifying these acts totally. As
such, all the big sins are HARAAM; all wrongful acts of
high nature included in this term. It is an opposite of
FARDH.
The status regarding the practice for Commands of Islam
were established with time on the basis of CONSENSUS
of the ULEMA of high standing in Islam (i.e. IJMA,
especially the IJMA of SAHABAH) and IJMA’ is taken to
have the guidance of Allah. Note that the first three
denote the position of those Commands of Allah that He
wants done (with a leniency in the third); the three that

come afterwards denote matters by which He has given us
an option to take or to leave and there would not be any
violation of Allah's Commands by any way in these when
attention is towards Him only; the three last ones denote
the Commands of Allah by which He has commanded us to
refrain (with strict avoidance of the last one in these
three i.e. HARAAM as it is the worst to practice and all
big sins are counted in this category). There are few
other terms too to denote the position for the commands
of Islam and these are actually sub-headings to the main
categories that we all have just studied. I provide a small
list of such terms that are used commonly for the Islamic
Commands below alphabetically:
AADAAB-----------Praiseworthy Manners & Etiquettes;
comes in MUSTAHAB and it might be used for
clarification of any Command in the first three
HALAAL------------Allowed to eat or to use; comes in
MUBAH
JA’EZ----------------Another word for HALAAL;
comes in MUBAH
KABIRAH----------The big sin; comes in HARAAM
KARAAHAT-------Feeling of reproach to something
being uneasy at its presence; related to MAKRUH
(TAHRIMI or TANZIHII)
MABRUR-----------That which is accepted as a pious

act specially HAJJ; to note something in first three
categories of Commands
MAKRUH-----------Such a deed towards which a good
person feels uneasiness and by SHARIAT, it is detestable
and it might be TAHRIMI or TANZIHI
MAQBUL-----------Accepted; can be said for any of
the first six categories of Commands
NAFL--------------A good act yet not necessary to
perform; comes in MUSTAHAB
NAJA’EZ-----------Not Allowed and it is opposite of
JA’EZ; related mostly but not always to MAKRUH
TAHRIMI
SAGHIRAH--------The petty sins; comes in TANZIHI
and with persistence, taking any of them nothing to
worry, then in TAHRIMI
Please note here for the term “SUNNAH” that in general,
it includes the words, actions & silence of the Prophet
(PBUH) yet when applied in the terms of FIQH, it is the
specific designation of the Islamic Commands that are not
at the status of FARDH or WAJIB; in this latter sense,
it might be MUAKKADAH (emphasized) or GHAIR-
MUAKKADAH (not emphasized). However in the former
sense being general, it includes even FARDH and WAJIB
and the Prophet PBUH has clarified all the wrongs too to
avoid by indicating those in AHADITH in general. So the

USUL of FIQH in Islam

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