Usul fiqh essay

Footnotes Introduction As for the author, his calibre and prestige goes without saying.

Usul fiqh essay

General al-'amm and specific al-khassQualified muqayyad and unqualified mutlaqIindeterminate mujmal and determinate mubayyan Problems of proofs: In the standard division, proofs are discussed after verbal issues. They include issues such as: Reliability of certainty, Probabilistic evidence such as the reliability of al-khabar al-wahidAl-Sayyid Muhammad Baqir al-Sadr has presented a different structure of the problems of usul al-fiqh in his Durus fi 'ilm al-usul.


He holds that in deducing a law of shari'aa jurisprudent sometimes finds a reason that shows the real law of shari'a -which is called "proving reasons" al-adilla al-muhriza - but he sometimes has access only to some rules that determine the procedural or practical duties.

Moreover, al-Sadr maintains that there is a common element among the elements of the deducing the laws of shari'a that is present in both "proving reasons" and practical principles, and that is the "reliability of certainty". Thus al-Sayyid Muhammad Baqir al-Sadr suggests a structure of usul al-fiqh in terms of these three foundations with an epilogue, the reliability of certainty, the proving reasons, the practical principles, balances and preferences among sources of fiqh.

Usulis reject this view by an appeal to Usul fiqh essay hadiths according to which every hadith which is in contradiction with the Qur'an should be dismissed—these hadiths, they argue, authorize everyone to directly refer to the Qur'an as the criterion of the reliability of hadiths.

They also appeal to the practice of rational people and some Quranic verses. According to usulis, the verses that ask people to reflect on the Qur'an reveal that it is possible for everyone to reflect on the Qur'an and understand its meanings.

Moreover, the practice of rational people shows that Quranic verses can be understood by everyone without the need to referring to hadiths. The Reliability of the Tradition The tradition refers to words, acts, and consents of the Prophet s or other Infallibles a.

There are two issues regarding the tradition in usul al-fiqh: The reliability of Khabar al-Wahid: Most scholars of usul al-fiqh believe that Khabar al-Wahid, that is, a hadith narrated by one person or few people, is reliable. They appeal to the conditional implicature of the Quranic verse: The problem of contradictions between hadiths: And if neither is preferable to the other, then we have the option to act upon whichever we want.

Reliability of Reason The reason or intellect 'aql is one of the Four Sources. The theory of the reliability of the reason amounts to the idea that if there is a case in which the reason issues some certain judgment, then that judgment is reliable as a source of deducing laws of shari'a because of its certainty.

Scholars of usul al-fiqh take the reliability of certainty to be essential to it, but Akhbaris deny the reliability of the reason. According to Usulis, the reason is reliable both on rational grounds and the confirmation of shari'a. In other words, since the truth of the principles of the Islamic beliefs is proved by the reason, how can it be unreliable with respect to Islamic laws?

According to scholars of usul, laws of shari'a have their origins in advantages masalih and disadvantages mafasid. Without these underlying advantages and disadvantages, there would be no divine commands and prohibitions.

So if the human reason or intellection discovers these advantages and disadvantages by itself, then it can give the same verdict that shari'a would give. This issue is discussed in usul al-fiqh under "mutual entailments of the reason".

Reliability of the Consensus Scholars of usul al-fiqh discuss the reliability of the ijma' consensus and the way laws of shari'a might be deduced thereof.OCLC WORLDCAT DISCOVERY | OCLC WorldCat Discovery is a webscale discovery solution that delivers single-search- box access to more than billion items from your library and the world's library collections.

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Usul fiqh essay

Contemporary Issues. Evolution of Fiqh. Ramadan Reflection. Essays on the Heart. The True Religion of GOD. Did GOD Become Man. Is . May 25,  · To proceed: This is a brief essay concerning usoolul-fiqh (fundamentals of jurisprudenec), uncomplicated in wording, clear in meaning, and useful in learning its rulings for whosoever contemplates its meanings.

We ask Allaah that He benefits both its compiler and its reader. Resources. Study to shew thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the word of truth. 2 Tim (KJV). Usul al-fiqh discusses their conditions and reliability.

Al-Akhund al-Khurasani takes the subject-matter of usul al-fiqh to be anything that is central to the problems of usul al-fiqh, whether or not it is one of the Four Sources of fiqh. What is Fiqh? Fiqh is the understanding and comprehending of the object of nusoos (text).

This is something which Allah Ta'ala had bestowed the pious predecessors with. Imam Abu Hanifah, Imam Shaafi (rahmatullah alaihima), etc. were Imams because of their deep understanding of this knowledge.

A.S. Noordeen, Islamic Book Trust