Introduction to Usul Fiqh: Definition and Scope

DEFINITION
1. The term Usul al-Fiqh is composed of two terms:
a. Usul (pl. of asl)
b. Fiqh
2. Combination of both definitions

DEFINITION: 1
 Originated from [] which means:
a. Root [something from which another thing originates]
b. Foundation [something upon which another thing is constructed]
Technically: dalil (evidence), original rule (usul al-ahkam), qaidah (general rules).
 Derived from the root word of []: Comprehension or True understanding.
Technically:
Fiqh is :The knowledge of the sharie legal rules, pertaining to
conduct,/practical revealed rulings, that have been derived/extracted
from their specific evidences/detailed evidences.

DEFINITION OF USUL AL-FIQH
 al-Razi:
””
[It is an expression that includes all the evidences leading to
Fiqh when these are considered in a broad sense, and for the
legal reasoning proceeding from these evidences as well as
for the status of the person undertaking such reasoning]

 Al-Ghazali (al-Mustasfa fi ilm al-Usul):
”“
[An expression employed for the evidence of these legal rules and for a
knowledge of the broad ways in which they reveal such rules, and not by
way of a specific indication – for a specific rule]
Al-Shawkani: ()
It is the knowledge of principles by means of which one
has an access to the derivation of the commands of
the shariah relating to the conduct of man on the
basis of its detailed evidences.

Al-Baidhawi:()
Usul al-Fiqh is the knowledge of the proof of
fiqh in general, and the manner of their
utilization and the condition of the one who
utilisesthem.

These definitions despite verbal diversity
highlight substantially the same. It may be
understood from these definitions that usul
al-Fiqh applies to the knowledge of three
things : namely the proofs (sources) of fiqh
in general, the method of utilization, and
the condition of a person who utilizes them.
All theseneed to beexplained.

 The proofs (sources) are generally
referred to the sources of law such
as Qur’an, sunnah, ijmak, qiyas
and etc. In Usul al-Fiqh, they are
to be dealt in general (ijmalan)
and not in specific (tafsilan),
Therefore, usul al-fiqh provides
general rules and broad principles.

 The method of utilizing the
sources requires the knowledge of
the method of legal reasoning
(ijtihad) establishing a hierarchy of
the sources, and clarification of
the rules of reconciliation,
abrogation and preference in the
case of conflicting legal texts
(nass)

 The person who utilizes
these sources (mustafid) is
one who seeks to find out
the divine command. This
person is normally known as
mujtahid or faqih (jurist)

 Ibn Qudamah, the Hanbali jurist
mentions:

 Fiqh is the knowledge of the commands
of the shariah relation to the act of man,
such as halal, haram, valid, unvalid and
etc. And usul al-fiqh means the proofs of
fiqh which lead to it in general and not
in respect of details.

 Usul al-fiqh is a science which
deals with the principles whose
study leads a man to derive legal
rules from the original sources
through the general principles, or
sometimes it is referred to the
science of principles.

It is evident from the definition of usul
al-fiqh that its purpose is to lay down
principles and general rules which helps
a jurist to have an access to the
commands of the shariah, so that he
may be able to avoid committing errors
in the derivation of the law. The object
of both fiqh and usul al-fiqh is the
same, namely conversance with the
commands of the shariah.

 However, usul al-fiqh lays
down, expounds and explain
methods of derivation of rules,
whereas fiqh actually derives
them in the light of the
methods and principles laid
down by usul al-fiqh.

 A legal theorist (usulist) deals with
the general rules and fundamental
principles (Adillah ijmaliyyah) as
they lead to the command of
shariah. Whereas a jurist (faqih)
deals with the command along
with the proofs, making use the
general principles laid down in usul
al-fiqh to derive the rules from the
sources.

Thus, primarily Usul al Fiqh deals with the
sources or roots of Islamic law.
Usul al-fiqh, or the roots of Islamic law, expound
the indications and methods by which the rules of
fiqh are deduced from their sources. These
indications are found mainly in the Qur'an and
Sunnah, which are the principal sources of the
Shari'ah.
The rules of fiqh are thus derived from the Qur'an
and Sunnah in conformity with a body of
principles and methods which are collectively
known as usul al-fiqh.

Continue….
Usul al Fiqh (Usul is plural of
Asl) the bases or roots of
Islamic Law, expound the
methods by which Fiqh (detail
Islamic law) is derived from
their sources. In this view, Usul
is the methodology and the
Fiqh is the product.

Continue….
Scholars of Usul al-fiqh have
developed a number of
principles that are used as
guideline, principles, methods
to derive fiqhi rulings. These
are known as “Usul al-fiqh” or
the “principles in Islamic
Jurisprudence.”

Some Examples
of Principles of
Usul al-Fiqh

Examples of Usul Principles
 -
Each of the absolute syarie evidence, there is no issue in accepting
it….example of Quran and hadith mutawatir

The Knowledge about the reason for the revelation is a compulsory for
anyone who wants to understand Qur’an

 If the ijtihad concerning deriving the rules from the nass, someone must
have an adequate knowledge of the Arabic. If it is concerning the
meaning of the nass, someone must have an adequate knowledge of the
maqasid al-shariah (purpose of Islamic law)

-
 It is valid that al-afw (forgiven) is located between al-halal and al-
haram….example eating haram animal during the darurah time….marriage of
our own family by mistake

 Asking for reducing which is not in line with Shariah is batil (Rejected)…
example fasting from subuh to zohor daily….fasting 3 days for 10 months

 Masyaqqah (difficulty) is not intended by the Shari’..example taking difficult
route to reach at mosque….fasting without breaking it.

 Anyone practices in religion something which was not revealed, his practice is
batil (rejected) – example fasting from subuh to zohor



 Permissibility that leads to haram, is considered as haram…playing game
which lead to neglecting solat, siyam etc.
-
 Something which is not allowed to be used, it is not allowed to be
taken….bribery

 Something needed to complete an obligation, it is also considered as a
part of wajib..going to hajj register your name in tabung haji.

 When there is a mixture between halal and haram, haram prevails.
….example I piece of khinzir meat cooked together with a buffalo.


 Public interest (Maslahah) is considered in creating hukum

 Ijtihad is not allowed in the presence of text (nass)

 Ijtihad provides probable (zann) evidence)

 Ijtihad is not allowed in the presence of ijmak

 Ijtihad does not deny another similar Ijtihad

Continue….
As Usul al-Fiqh deals with the
primary sources of Islamic law,
the Quran and the Sunnah,
Thus, Usul discusses the
characteristics of the Quran
and Sunnah, and what are the
methods of deduction of law
from the Quran and the
Sunnah.

Continue….
In doing that, Usul discusses various
kinds of words used in the Quran and
the Sunnah in particular, and Arabic
language in general such as the Amm
(general) and the Khass (particular),
Mutlaq (unconditional) and Muqayyid
(conditional), Haqiqi (literal) and the
Majazi (Metaphorical), as well as
various types of clear words (sarihah)
and unclear words (kinayah) and etc.

Continue…
 Methods of deductions from the legal
verses of the Quran and the legal Ahadis
are what the Fuqaha (jurists) have called
Ibarah al Nass (where Ahkam or rules are
derived from the obvious words and
sentences themselves), Isharah al Nass
(where Ahkam are inferred from signs
and indications inherent in the text)

Continue…
 Dalalah al Nass (where Ahkam are
derived from the spirit and
rationale of a legal text) and Iqtida
al Nass (whereby Ahkam are derived
as a requirement of the provision of
the text, though the text is silent
on the issue).

Continue…
 There are 114 suras of unequal length. The Quran
consists of manifest revelation ('Wahy Zahir) which
is direct communication in the words of Allah. This is
different from Wahy Batin (non-manifest revelation)
which consists of inspiration and concepts. All the
Ahadis of the prophet fall under this category.

common discussions of usul al-
fiqh in regard to Quran and
Sunnah
 The common discussions consist of the following:
 The discussion of imperatives (awamir)
 The discussion of negative imperatives (nawahi)
 The discussion of generalities and particularities
(aam wa khas)
 The discussion of unconditional (mutlaq) and
conditional (muqayyad)
 The discussion of tacit meanings (mafahim)
 The discussion of the abstract (mujmal) and the clear
(mubayyan)
 The discussion of the abrogator (nasekh) and the
abrogated (mansukh)

Continue….
 One of the things that has been discussed in Usul
al-Fiqh is about Qati (definitive) and Zanni
(speculative). The whole of the Quranic text is
Qati (definitive) in regard to it Riwayah (report) is
conclusive and beyond doubt. Only other text,
which has been considered Qati is only Mutawatir
from Sunnah . Other ahadith and Ijtihad are Zanni
(Speculative) material.

1. Decisive proof or Definitive evidence ( ):
The evidence that comes from source that is definite.
It can be further divided into two categories:
a) ( ) Definitive evidence with the respect
of the authenticity of its transmissions that it is
transmitted with tawatur.
Such as : The Holy Quran and hadith mutawattir.
b) ( ) Definitive evidence with the respect of its
meaning that its not give more than one meaning.
There are
2 types of evidence/proof ( ):

1. Indecisive proof or Probable evidence ( ):
The evidence that comes from source that is not
definitive or probable.
It can be further divided into two categories:
a) ( ) Probable evidence with the respect
of the authenticity of its transmissions that it is not
transmitted with tawatur.
Such as : Hadith ahad. ()
No solat except by reciting al-Fatihah
b) ( ) Definitive evidence with the respect of its
meaning that it can give more than one meaning.
Like the meaning of word “al-Quru’” asd mentioned by
Allah in Quran.

Examples
1. ]4
And those who launch a charge against chaste women,
and produce not four witnesses (to support their
allegations), flog them with eighty stripes; and reject
their evidence ever after: for such men are wicked
transgressors;

Example of zanni al-Dilalah
2.
Divorced women shall wait concerning themselves for
three (quru’).
Quru’ stands for menstruation (al-haid) and purification
(al-tuhr)

 Another issue discussed in Usul al-Fiqh is
about Asbab al Nazul or events which are
related to revelation of various Quranic
Ayats. The Hukm (law) is not limited to the
particular events or circumstances of that
particular Asbab al-Nuzul. However Asbab al
Nazul helps Mujtahiduun to understand the
Quran and its law as the whole.

Usul al-Fiqh & Other Sources
 Usul al Fiqh also discusses the secondary sources
of Islamic law, the Ijma (consensus), Qiyas
(analogical deduction), Istihsan (Juristic
preference) and other methods of Ijtihad
(reasoning and investigation). All the secondary
sources are either directly or indirectly based on
the primary sources of Islamic law, the Quran
and the Sunnah.

 Therefore, The methodology of usul al-
fiqh also refers to methods of reasoning
such as analogy (qiyas), juristic preference
(istihsan), presumption of continuity
(istishab) and the rules of interpretation
and deduction. These are designed to serve
as an aid to the correct understanding of
the sources and ijtihad. In deducing the
fiqhi rulings

Continue….
 For instance, three main elements of Qiyas, that is
Asl (original case), Hukm (ruling on asl) and the Illah
(effective cause ) are based on primary sources.

 To deduce the rules of fiqh from the indications that
are provided in the sources is the expressed purpose
of usul al-fiqh.

Continue….
 Usul al Fiqh also discusses other main issues
involving Islamic law such as the effect of
custom on law or custom as a source of law,
and grades of the Islamic legal provision (i.e.
what is Haram, what is Maqruh; what is Farz,
what is wajib and what is Mandub
(recommended) and also the methods of
removal of conflict (i.e. Taa'rud).

Continue…
 In some books of Usul, grammar of Arabic language is
also discussed at length. Of course the knowledge of
Arabic language and grammar is a must for one who
wants to be a Usuliuun or a jurisprudent, as to
understand text of Quran and Hadis as both of them are
revealed in Arabic

The main difference
 The main difference
between fiqh and usul al-fiqh is that the
former (fiqh) is concerned with the
knowledge of the detailed rules of Islamic
law in its various branches, and the latter
(usul al-Fiqh) with the methods that are
applied in the deduction of such rules
from their sources. Fiqh, in other words,
is the law itself whereas usul al-fiqh is
the methodology of the law.

Benefit of Study of Usul al-
Fiqh
 The benefits of the study of Usul al Fiqh
are many. From a study of Usul, we come
to know the methods of interpretations of
the Quran and Sunnah, all the secondary
sources of Islamic law, the views on Usul
of major scholars of the past and present,
the rules of Qiyas and other methods of
Ijtihad, the history of development of
Islamic law and legal theory.

Continue…
 All these make anybody who studies Usul
cautious in approach to Islamic law. He
develops respect for the methodology of
past masters and becomes aware of the
need to follow rules in the matters of
deduction of new rules of Islamic law. He
then is likely to avoid careless utterance
and action. Ummah can produce great
mujtahid only by study of Usul in addition
to other sciences.

Main Objective of Usul
The main objective of Usul
al-Fiqh is to regulate a
responsible Ijtihad made
by true Mujtahidin and
guide them in their effort
at deducing the law
(Various faqhi rulings) from
different sources.

OBJECTIVES OF USUL AL-FIQH
 Among others:
 To help the jurists to obtain an adequate knowledge of the sources
of shariah and of the method of juristic deduction and inference.
 To guide the application of Ijma’, Qiyas, Istihsan, Masoleh al-
Mursalah, Istishab etc. The knowledge of these methods will help a
jurist to identify the most suitable method for obtaining a Hukum
Shar’i of a particular problem.
 To regulate Ijtihad or the use of personal opinion and to guide the
jurist in his effort at deducing the law from its sources.
 To enable the jurists to ascertain and compare the strength and
weakness in an Ijtihad which is in close harmony with the Nusus.

Imam al-Shafie & Usul al-Fiqh
Muhammad bin Idris al-Shafi’i
(150-204 H) is usually credited
with founding the principles of
Islamic Jurisprudence. His
renowned work al-Risalah (The
Treatise) is the first attempt
ever by a Muslim jurist to write
down his legal theory.

Continue….
 Imam Shafii is considered to be the
father of the science of Usul al-
Fiqh. This is true in the sense that
the systematic treatment of the
principles of Usul al Fiqh was first
made by him. Before him, the
jurists of course followed some
principles in the deduction of law
but these principles were not
integrated and well written.

 After Shafii, many scholars have
contributed in the study of Usul, Such as :
Abul Hasan al Basri (d. 436), Imam al
Haramayn al Juwayni (d.487), Abu Hamid
al Gazali (d.505), Fakhruddin al Razi (d.
606), Saifuddin Al Amidi, Abul Hasan Al
Karkhi (d.349), Fakhruddin Al Bazdawi (d.
483), Abu Bakr Al Jassas (d. 370), Sadr Al
Shariah (d. 747), Tajuddin Al Subki
(d.771), and Al Shatibi and many others.

Approaches in the study of
Usul
There are two main
approaches developed in the
study of Usul al-Fiqh, the
theoretical and the deductive.
The theoretical approach was
developed by Imam Shafii who
enacted a set of principles
which should be followed in
the formulation of Fiqh

Continue…..
 On the other hand, deductive
approach was developed by Hanafi
jurists, who looked into the details
of law given in the Quran and
Sunnah and then derived legal rules
or Usul principles.
 We will discuss these approaches in
near future insaAllah

Usul al-Fiqh defined
Accordingly the study of usul al-fiqh is a study of the
principles, the evidences, i.e. a study of the rule,
the sources of the rule, and the method of
extracting the rule from these sources.
Usul al-fiqh includes the general evidences (adillah
ijmaliyyah) and what they indicate, and it also
includes, the situation of the one doing the
deduction (mustadil) in general and not in details;
i.e. (it includes) the knowledge of ijtihad
(deriving rules),

 Usul al-Fiqh defined
 and the method of istidlaal (seeking the
evidence), and the harmonising (ta`aadul) and
giving preference (tarjih) between the evidences.
 As for ijtihad and the prevailing between
evidences(tarjih), it depends on knowing the
evidences and what these evidences indicate.
Therefore these two studies: the evidences, and
what these evidences indicate, are the
foundations of usul al-fiqh.

FIQH AND USUL AL-FIQH – Compared
 Fiqh:
[Fiqh is the knowledge of the legal rules, pertaining to conduct, that
have been derived from their specific evidence]
 Usul al-Fiqh:
[The discipline explaning a knowledge of the source and principle or
method of interpretation and legal reasoning that helps the mujtahid
arrive at the legal rules of conduct].
- The relationship: asl and far’

THE DIFFERENCES
USUL AL-FIQH
a) Usul means foundation or
basis upon which something
else is built.
b) Usul al-Fiqh is concerned with
the methods, which are
applied in the deduction of
rules.
c) Usul al-Fiqh lays down the
methods of interpretation and
deduction.
FIQH
a) Fiqh is built upon Usul al-Fiqh
b) Fiqh is more concerned with
the knowledge of the detailed
rules of Islamic law.
c) Fiqh is the end product of Usul
al-Fiqh

ACADEMIC BASIS OF USUL AL-FIQH
 Usul al-Fiqh is an independent discipline, however
it is based on certain fundamental presumptions
which are derived from several other disciplines:

USUL
AL-FIQH
USUL
AL-FIQH
Sources
Of
Islamic Law
Sources
Of
Islamic Law
Logic
(mantiq)
Logic
(mantiq)
Linguistics
(arabic language)
Linguistics
(arabic language)
Tafsir And HadisTafsir And Hadis
Ilmu Al-FiqhIlmu Al-Fiqh

The Principles of
Jurisprudence
 For the study of jurisprudence, mastery of many other
branches of learning are necessary as a preparation,
and these consist of the following:
 1. Arabic: syntax, conjugation, vocabulary, semantics,
oratory as the Quran and Traditions are in Arabic,
without knowing at least the usual standard of the
Arabic language and literature it is not possible to
benefit from the Quran and the Traditions.
 2. Commentary upon the Holy Quran (tafsir). Taking
into consideration the fact that the jurisprudents must
use the Quran as a point of reference, some knowledge
in the study of the commentaries upon the Quran is
absolutely essential.

 3. Logic, called mantiq in Islam. Every branch of
learning in which reasoning is used stands in need
of logic.
 4. The study of the Traditions. The jurisprudent
must have a sound knowledge of the Traditions
and must be able to distinguish the different types
of Traditions and they become acquainted with
the language of the Traditions as a result of their
frequent application.

 5. The study of the Transmitters (rijal). The study of
the Transmitters means knowing the identities and
natures of those who have transmitted the Traditions.
Later it will be explained how the Traditions existing in
the sanctuary of books of Traditions cannot be accepted
without examination. The study of the Transmitters is
the examining and scrutiny of the men who make up
the chains (isnad) of reporters of the Traditions.
 6. The study of Fiqh.
 Ilm Al-Fiqh – To get a clear picture of the principles and
sometime used to formulate or deduce principle.

Introduction to Usul Fiqh: Definition and Scope

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