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GT20302Introduction to USUL FIQH
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GT20302/Mohd Zulkifli
Muhammad
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Contents1) The Shariah
2) The Components of Shariah
3) The Distinction between Shariah & Fiqh
4) Fiqh Rulings (Al-Ahkam)
5) Usul Fiqh
Definition of Usul Fiqh
The differences between Fiqh and Usul Fiqh
The principal objective of Usul Fiqh
The purpose of Usul Fiqh
The importance of Usul Fiqh
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The Shariah The Shariah: derived from the root of shin
raayn- the road to the watering place, the
straight path to be followed. Dalil: Then We have put you (O
Muhammad s.a.w) on a plain way(Shariah) of (Our) commandment. So
follow you that (Islamic Monotheism andits laws), and follow not the desires ofthose who know not. (Al-Jathiah:18)
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The Shariah Istilah: 1) the canon law of Islam, all the
different commandments of Allah to
mankind. (al-Qurtubi) 2) the injunction revealed to the Prophets
of Allah related to law or belief. (al-Zahawi)
3) following strictly the injunctions of Allahor the way of Islam. (Ali bin Muhammad
bin Ali al-Jurjani)
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Components
of Shariah
ShariahTawhid/Aqidah
(Belief inOneness of
Allah)
Akhlaq
(Code of Conduct for an
Islamic Way of Life)
Fiqh(Guideline/
Rule on the
Practices of
Muslims)
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Tawhid/Aqidah
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Tawhid implies that all resources for economic
use are Amanah (Trust) to man, who must
utilize them according to the will of the Creator.
Man is responsible and will be held
accountable for any misuse of these
resources. It thus, follows that these resources
are means to attain falah. (Quran, 28:77).
Tawhid has also implication in Akhirah.
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Akhlaq
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Is an innate quality fitra, such as honesty,
kindness, sincerity, etc.
Can be enhanced through: Tazkiyyah al-Nafs (Purification) and Tahliyyah al-Nafs
(Beautification).
Requires consistency. Is an important aspects of corporate culture
and image, hence requires proper training.
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(Al-Munakahat)
Rulings relatedto Islamic familylife
(Al-Muamalat)Rulings related to
economic
transaction
(Al-Ibadat)
Rulings related to
acts ofworshipping
(Al-Jinayat)
Rulings related to
crimes
DISCIPLINES UNDER
FIQH
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Mubah
Makruh
Fard or Wajib
Haram
Sunnah
Fiqh Rulings
(Al-Ahkam)
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Fiqh Rulings
(Al-Ahkam)1) Fard/Wajib/Compulsory/Obligatory-
refers to absolute command which is
supported by decisive proof,disobedience to it without any legal
excuse is a sin and its denial amounts to
disbelief- 2 kinds=
a)Ayn
b) Kifayah
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Fiqh Rulings
(Al-Ahkam)
2) Sunnah/Recommended Acts- refers to
deeds that are recommended to beundertaken by the Muslim- 2 kinds=
a) Sunnah Muakkadah- highly
recommendedb) Sunnah ghayr Muakkadah-
recommended
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Fiqh Rulings
(Al-Ahkam)
3) Haram/Prohibited/Unlawful- prohibited by
a decisive evidence (adillah qatiyyah)from the Quran and Sunnah.
If commit- punishable and its omission is
rewarded.
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Fiqh Rulings
(Al-Ahkam)
4) Makruh/Abominable/Undesirable- the act
whose omission is preferable and highlycommanded- 2 kinds=
a) Tanzihi- lesser undesirable, nearer to
permissibleb) Tahrimi- nearer to haram
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Fiqh Rulings
(Al-Ahkam)
5) Mubah/Jaiz/Halal/Permissible/Indifferent-
an act whose both commissions andomissions neither merits any reward nor
entails any punishment.
No Shariah injunctions are attached to it.
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UsulFiqh Scholars of Islamic Law divide the
science of Fiqh into 2 main divisions-
a) Usul- the roots or foundations
b) Furu- the branches of the law
The science of usul deals with the
methods by which the rules of Fiqh arededuced from their sources. How about
the science of Furu?
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UsulFiqh The science of Furu deals with particular
injunctions (ahkam) are the results of the
science of usul. UsulFiqh: the roots of Islamic law-
expound the indications and methods by
which the rules of fiqh are deduced fromtheir sources- Quran and Sunnah.
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UsulFiqh UsulFiqh: is the science of the source
and methodology of the law.
These indications are found mainly in theQuran and Sunnah (primary sources).
Quran and Sunnah contain very little of
methodology- but provide the indicationsfrom which the rules of Shariah can be
deduced.
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UsulFiqh Its methodology refers to the methods of
ijtihad (methods of reasoning) such as
qiyas (analogy), istihsan (juristicpreference), istislah (public interest),
istishab (presumption of continuity ), urf
(customary practice), amal ahl al-Madinah
(practice of al-Madinah people), sadd al-dharaI (blocking the means to evil) and the
rules of interpretation and deduction.
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UsulFiqh The main difference: -
Fiqh: the knowledge of the detailed rules
of Islamic law in its various branches/ as alaw by itself/ ex: language.
UsulFiqh: the methods that are applied in
the deduction of such rules from theirsources/ methodology of the law/ ex:
grammar.
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UsulFiqh The relationship: usul fiqh provides standard
criteria for the correct deduction of the rules offiqh from the sources of Shariah.
Faqih: a person who knows not only the rules offiqh but also the detailed evidence in thesources.
UsulFiqh gives an attention to distinguish a
speculative text from the definitive, the manifestfrom the explicit, the general from the specific,the literal from the metaphorical and how tounderstand the implications of a given text.
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UsulFiqh The principal objective of UsulFiqh: to
regulate Ijtihad and to guide the jurist in
his effort at deducing the law from itssources.
The purpose of UsulFiqh: is to help the
jurist to obtain an adequate knowledge ofthe sources of Shariah and of the methods
of juristic deduction and inference.
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UsulFiqh The importance of UsulFiqh is
irrefutable as it examines:
a) the sources of Islamic Law
b) the methods that must be used to
deduce the rules
c) the person who is legally qualified andequipped to deduce these laws.
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UsulFiqh Ibn Khaldun (d. 808AH/1406CE)= (It is)
one of the greatest sciences of the
Shariah, the most powerful and beneficialscience.
Fakhr al-Din al-Razi (d. 606AH/1209CE)also stressed the importance of Usul Fiqh
in his work Al-Mahsul when he said= Thatit is the most importance science for theMujtahid.
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Take Home Test
Explain the history and the development of
Usul Fiqh.
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Thank you very
much for yourattention
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Best wishes to youin your endeavours and
may Godbless you.