The document outlines the agenda and content for a course on Usool ul-Fiqh. It discusses the evolution of Usool ul-Fiqh from the time of the Prophet Muhammad to the early generations that followed. It covers key topics like the differences between Sharia and Fiqh, definitions of important terms, and the eras in which Usool ul-Fiqh developed, from the time of the Prophet to the companions and their successors. Group work and discussions are part of the planned course activities.
3. Course Content
1. Introduction
2. Differences Between Sharī'ah and Fiqh
3. Definition of Usool ul‐Fiqh
4. Distinctions Between Terminologies
5. Subject Matter of Usool ul‐Fiqh
6. Benefits of Studying Usool ul‐Fiqh
7. Who Sowed the Foundation?
8. Evolution period of Usool ul‐Fiqh
9. The Era of the Prophet (saw)
10. The Era of the Companions
11. Conclusion
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6. 2. Differences between Sharī'ah and
Fiqh
Sharī'ah Fiqh
‐ A Path leading to Islām
‐ Heavenly Divine
‐Understanding the sources of the Sharī'ah and
their evidences
‐ Human endeavour
Components;
‐ Aqā’id (Beliefs)
‐ Akhlāq (moral conduct)
‐ Siyāsat (politics)
‐ Ibādah – (worship)
‐ Muāmalāt (commercial transaction)
Components:
‐ Ibādah – (worship)
‐ Munākahat – (marriage & family laws)
‐ Muāmalāt (commercial transaction)
‐ Uqoobāt (penal laws)
‐Fixed and unchangeable
‐ Eternal
‐ General principles laid out in the Qur’ān and
Sunnah
‐Subject to change to meet the change of
circumstances
‐Fallible
‐Principles are inferred from the Qur’ān and
Sunnah
‐Specific and detailed
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7. 3. Definition of Usool ul‐Fiqh
1a) Usool
Literal:
َﺎﻋﺮﻓ او ً◌َﺎﻋﻤﻠﻴ او ً◌َﺎﺣﺴﻴ ﻛﺎنﺳﻮاء ﻏﲑﻩ ﻋﻠﻴﻪ ٰﻳﺒﲏ ﻣﺎ
Translation: Upon which something is premised on whether it is
something of sensory, rational or customary nature.
Technical:
1. –دﻟﻴﻞ Proof
2. رﺟﻊ – Resort to the origin
3. ﻗﺎﻋﺪﻩ – Maxim/juristic principle
8. 1b) Fiqh
Literal –
Technical –
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اﻟﻜﻼم ﻏﺮض ﻓﻬﻢ
ﻓﻬﻢ اﻻﺷﻴﺎءاﻟﺪﻗﻴﻘﺔ
ﻻ اﻟﺘﻔﺼﻴﻠﻴﺔ ادﻟﺘﻬﺎ ﻣﻦ اﻟﻌﻤﻠﻴﺔ اﻟﺸﺮﻋﻴﺔ اﻻﺣﻜﺎم اﻟﻌﻠﻢﺳﺘﺪﻻل
Translation: Understanding of the purpose of the statement
Understanding of intricate/detail things
Translation: The knowledge of the Shar’ee injunctions pertaining to conduct
with (the knowledge of) inference from the detailed (specific) evidence.
9. 9
اﻟﻌﻠﻢﺎ ﻳﺘﻮﺻﻞ اﻟﱴ ﻟﻘﻮاﻋﺪ)اﺠﻤﻟﺘﻬﺪ(اﱃاﺳﺘﻨﺒﺎطاﻟ اﻻﺣﻜﺎمﺸﺮﻋﻴﺔ
اﻟﺘﻔﺼﻴﻠﻴﺔ اﻻدﻟﺔ ﻣﻦ اﻟﻌﻤﻠﻴﺔ
1c) Usool Fiqh
Translation: It is the knowledge of principles that a (mujtahid) uses to infer
Shar’ee rulings pertaining to conduct from the detailed (specific) evidences.
10. 3. Distinctions Between Terminologies
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Usool ul‐Fiqh Fiqh
Legal principles that guide the Faqih when
extracting laws from the sources
Fiqh pertains to the derived rules
themselves.
Usool imply to the legal theories fiqh apply to the practical implementation
of the Law
Subject matter primarily relates to the
Shar’ee sources and evidences
Subject matter relates to the conduct of the
Mukallaf (legally commissioned person)
An Usooli establishes the legal principles for
inferring rules
Faqih is sanctioned by those principles set by
an Usooli
اﻟﺼﻠﻮة اﻗﻴﻤﻮا
An unrestricted command of the Lawgiver
that is devoid of presumption demands
obligation
Salāh is obligatory because it is an
unrestricted command
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Mujtahid Faqih
Possesses the qualification of Ijtihād and sets
legal principles of the procedural law
Who has derived his knowledge from the
mujtahid and acquainted with the principles
and its application.
Muqallid Faqih
Who is not acquainted with the detail
evidences and inferences of a legal act
Who is aware of the detailed evidences and
inferrences of a legal act
Usool ul‐Fiqh Qawā’id ul‐Fiqh
A body of principles formulated by the
Mujtahid/Usooli to interpret the sources of
Sharī'ah and inferring injunctions
General principles (legal Maxims) are
derived from the works of Fiqh to assist the
Mufti when determining legal decisions
14. 6. Who sowed the foundation of Usool Fiqh
There are three opinions:
1) Imām Jafar Sadiq
2) Imām Abu Hanīfah (r.a) e.g. Usool Sarakhsi – However his
students compiled it. He also set the principles and for his
students to deliberate.
3) Imām Shafee (r.a).
Note: Many say it was Imām Abu Hanīfah (r.a).
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19. 3. Ijtihād employed by the Sahabahs during
this Era;
Hadeeth of Muadh. (Tirmizi)
The incident regarding performing Asr Salāh at Banu
Quraidha. (Muslim)
A companion repeated his Salāh performed with
Tayammum after finding water for ablution. (Abu Dauood)
‐ Determining the direction of the Qiblah. (Tirmizi)
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23. 1. Sayyidunā Abu Bakr (ra)
Contending those who denied paying Zakat
Defeating the army of Musailama the liar
Deployed the first Muslim army towards Syria
Abu Bakr would gather the Sahabahs for Mashurrah
(Consultation).
Compilation of the Qur'ān upon the insistence of
Sayyidunā Umar (ra).
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