Uṣūl al-fiqh (original) (raw)

The Role of "Usul al-Fiqh" in Islamic Jurisprudence

This article explains the basics of Islamic law in detail, in particular its main sources, such as the Qur'an, Sunnah, consensus, and comparison. The author describes the role of Usul al-Fiqh in Islamic law.

The Principle of Jurisprudence (Usul al-Fiqh)

I. Apart from the fact that the existing works on Islamic Jurisprudence in the English language do not offer an exclusive treatment of usul al-fiqh, there is also a need to pay greater attention to the source materials, namely the Qur'an and sunnah, in the study of this science. In the English works, the doctrines of usul al-fiqh are often discussed in relative isolation from the authorities in which they are founded. Furthermore, these works tend to exhibit a certain difference of style and perspective when they are compared to the Arabic works on the subject. The usul al-fiqh as a whole and all of the various other branches of the Shari'ah bear testimony to the recognition, as the most authoritative influence and source, of divine revelation (wahy) over and above that of rationality and man-made legislation. This aspect of Islamic law is generally acknowledged, and yet the relevance of wahy to the detailed formulations of Islamic law is not highlighted in the English works in the same way as one would expect to find in the works of Arabic origin. I have therefore made an attempt to convey not only the contents of usul al-fiqh as I found them in Arabic sources but also the tone and spirit of the source materials which I have consulted. I have given frequent illustrations from the Qur'an, the Sunnah and the well-recognised works of authority to substantiate the theoretical exposition of ideas and doctrines.

Source Methodology in Islamic Jurisprudence (The Usul of Islamic Fiqh) ‎

Source Methodology in Islamic Jurisprudence (The Usul of Islamic Fiqh) ‎, 2003

Usul Al-Fiqh is a science which is deeply embedded in the Islamic experience and one which, thanks to its methods ‎and concerns, helped generate an empirical trend in Muslim culture, in turn benefiting western thinking. Itself a ‎creation of influences from within and without, Al-Usul, often called “The Philosophy of Islam,” invites both reason ‎and revelation to work for the harmony and well-being of human society. Although the science of Al-Usul is mainly ‎concerned with legal matters, its range and the arsenal of tools it uses makes it attractive to students of Islamic ‎Jurisprudence as well as to other scholars of Islamic Knowledge and culture. The difficulties it poses are inevitable. ‎This book, however, attempts to simplify this “Most important method of research ever devised by Islamic thought” ‎during its most creative period, and bring it to the understanding and appreciation of the modern learner, while ‎underscoring its importance and relevance to the world of Islam today.‎

Usul Al-Fiqh: Its Epistemology, Purpose, and Use

2021

The study of Usul Fiqh only feels essential when it deals with different problems whose orders it executes not involve in the offer of the old Fiqh. Besides that, with the rising number of participants of comparative school legislation alike to discover out which idea is more powerful, since closely as the effort to transform Islamic rule, it will increase appeared in how urgent the role of Ushul Fiqh is. The paper tries to present this discussion to suggest the relevance of this idea of Fiqh in dealing with legal issues dealt with by Muslims who sometimes put on nonessential issues. The author organized research with a comparative descriptive analysis. This study organized a view of the works of Usul Fiqh along with the rules contained there in along with the development of Usul Fiqh and its benefits from time to time. The authors identify that Ushul Fiqh plays a highly considerable position in the improvement of Islamic law. Not merely that, Usul Fiqh, the essential function of Us...

"A Turn in the Epistemology and Hermeneutics of Twentieth-Century Usul al-Fiqh"

I argue here that an epistemological shift has taken place in twentieth century usul al-fiqh: away from the classical/orthodox Ash'ari position in which the human mind simply discovers the divine law and extends it to new cases onthe basis of consensus (ijma') and analogical reasoning (qiyas); and toward a position in which reason is empowered to uncover the ratio legis behind the divine injunctions—a distinctly Mu'tazili approach. This shift has been accompanied by a privileging of universal ethical principles (kulliyat), now identified as the aims of the Law (maqasid al-shari'a), over the specific injunctions of the texts (ju'ziyyat)—a hermeneutic strategy that has often favored public interest (maslaha) as the chief criterion for developing fresh legal rulings in the light of new sociopolitical conditions. The main theoreticians discussed here are Muhammad 'Abduh, Muhammad Rashid Rida, 'Abd al-Razziq Sanhuri, 'Abd al-Wahhab Khallaf, Muhammad Abu Zahra, and Muhammad Hashim Kamali.

the role of usul fiqh: ijtihad and fatwa

Fatwa and ijtihad generally means ijtihad is mobilizing all capabilities to create heavy and difficult things. Fatwa is very important in Islamic law and Islamic jurisdiction. Fatwa is basically opinion of Islamic scholar about a specific issue in the light of Holy Quran and Sunnah. The objective of the paper is to identify the role of usul fiqh in fatwa and ijtihad. In this paper we will discuss for the role of usul fiqh; ijtihad and fatwa and there terms, different of fatwa and ijitihad. Fatwa issuing via Ijtihad is used to derive laws from the basic principles of Shariah to address the needs of people in different places and times. The standardization of Shariah may become against the fundamental evidence of Ijtihad which has existed for centuries and especially in today’s finance. This paper focuses on fatwas issued by Malaysian National Fatwa Council as it is regarded as highest and respectable religious institution in Malaysia. The key variables of role of usul fiqh for ijthad and fatwa have been discovered from this study. Keywords – Usul Fiqh, Ijtihad, Fatwa, Malayisa National Fatwa Council, Islamic finance.

Al-Waraqat of Imam Al-Juvaini (A classical manual on Usul Al-Fiqh)

2016

Usul al-Fiqh is a science dealing with Islamic jurisprudence and encompasses knowledge and skills required of Muslim jurists in deducing rulings. It elaborates the correct methodology, sources of guidance and approach that is required to be followed in the process. These requirements and etiquette set standards for an answer, hukm or fatwa being sound, valid and acceptable to follow, minimizing the potential for errors. If the correct methodology of Usul Al-Fiqh is not followed, it results in misguidance and deviant ideologies such as that of Khwarij, Rawafidh, and the likes. Just as rules of grammar protect those who follow them from mistakes in expressions, jurisprudence sets standards for interpreting legal texts and making legal arguments which, when followed correctly, protect from making mistakes in arriving at legal rulings. Imam al-Juvaini, in Al-Waraqat, gives a primer on basics of Usul al-Fiqh with regards to what it encompasses, the rules for interpreting Quran and Sunnah and tools that are available for mujtahids to utilize in their interpretation of sacred texts and deducing rulings. Commentary aims to elaborate key concepts mentioned in this book while keeping in consideration that this book is intended for beginners and those who have just started their journey to learn the wonderful field of Usul al-Fiqh.

"The Historiography of Sunni Usul al-Fiqh" in the Oxford Handbook of Islamic Law

This article reviews scholarship on the history of Sunni usul al-fiqh—also known as “Islamic jurisprudence,” “legal theory,” “source law,” “legal methodology,” and “proofs of the law” (usul al-fiqh adillatuhu)—during the premodern period. It first considers the emergence of usul al-fiqh from the second AH/eighth CE to the middle of the fourth/tenth centuries, paying attention to debates about when and how jurists began to produce texts dedicated to the exposition of the genre. It highlights scholarly accounts of the gradual shift from early rudimentary discussions on legal methodology to systematic and detailed elaborations in the so-called mature texts of usul al-fiqh. It also explores the relationship between usul al-fiqh and furu‘ before turning to scholarship on usul al-fiqh sources from the late fourth/tenth up until the tenth/sixteenth century. The article concludes by assessing the relevance of the key intellectual debates over usul al-fiqh to legal practice.