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International Islamic University Malaysia Department of Fiqh and Usul Al-Fiqh Course Project 2 Individual Project Semester 1, 2012/2013

Date: 4/12/2012-18/12/2012 Course Title: Introduction to Usul Al-Fiqh Course Code: 2161 Section 3 Name:x Matric No.:x Total Marks: 10 Marks

Attention: (The paper size setup formatted in A3) Example: No. Terms 010 Al-Mubah : Explanation or its technical meaning "An act which Lawgiver has granted a choice of commission or omission, without blame or praise for omission or commission". Example for case or example in short explanation Eating in the night of Ramadhan

Answer the following questions Define the following terms and provide one example for each (you are not required to give any example in the raw signed with the letter "x").

No. Terms 1 Shari'ah Fiqh Usul al-Fiqh

Explanation or its technical meaning

Literal: to legislate, to make law, Technical: The total sum of Islamic teaching and system, which was revealed to Prophet Muhammad s.a.w. recorded in the Quran as well as deducible from the Prophets divinely- guided lifestyle called the Sunnah Literal: comprehension or true understanding x Technical: The knowledge of one's rights and obligations pertaining to conduct, that have been derived from the Quran or Sunnah of the Prophet, or the consensus of opinions among the learned (ijma), or analogical reasoning (qiyas), or other legal sources Literal: something from which thing originates, asl = foundation x Technical: Usul al-Fiqh is an expression employed for the evidences of these legal rules and for knowledge of the broad ways in which they reveal such rules, and not by way of a specific indication (for specific rules). Initiated by Syafiiyah scholars. Methods associated with dalil and mantiq. Those dalil are either from naqli or aqli.

Example for case or example in short explanation x

Tariqat al-Mutakallimin

Tariqat al-Hanafiyyah

Also known as tariqat al-fuqaha. Pioneered by Hanafis scholars. Methods are based on the rulings that have been decided upon. Methods must be consistent with what has been decided in the Hanafi sect.

1. Al-Mustasfa min Ilm alUsul by al-Imam al-Ghazali 2. Al-Mahsul by Fakhr al-Din al-Razi 1. Kitab al-Usul by Fakhr alIslam Ali bin Muhammad al-Buzdawi 2. Kitab Kasyf al-Asrar by Abd al-Aziz bin Ahmad alBukhari

Al-Hukm Al-Hukm al-Wad'i

Literal: A rule of Islamic law x Technical: A communication from Allah, the Exalted, related to the acts of the subjects through a demand, or option or through a declaration Declaratory law, that is, law which regulates the proper implementation of al-hukm al-taklifi, such as by expounding the conditions x

Al-Sabab Al-Shart Al-Mani'

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(shart), exceptions and qualifications thereof. Literal: Means through which the goal is reached Technical: It is the cause on the basis of which a primary rule is invoked or established. Its presence necessitates the presence of the hukm, and its absence means the hukm is also absent. Literal: : The connection of thing with another such that if the first is present the second is also present Technical: An evident and constant attribute whose absence necessitates the absence of the Hukm, but whose presence does not automatically bring about its object (mashroot). Literal: : Obstacle Technical: An act or an attribute whose presence either nullifies the Hukm or the cause (Sabab) of the Hukm. In either case, the result is the same, namely that the presence of the Maani means the absence of the Hukm.

Theft is a sabab for punishment. Wudhoo is a condition for Salah.

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Al-Hakim Al-Mahkum fih Al-Mahkum 'alaih Ahliyyat al-Wujub Ahliyyat al-Ada' Al-'Azimah Al-Rukhsah Al-Fard Al-Wajib

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Haram lizatihi Haram li ghairihi Makruh tanzih Makruh tahrim Sunnah Muakkadah Sunnah ghayr muakkadah

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Literal: The Lawgiver Technical: The lawgiver is Allah. Allah is the True Source of all Laws. Literal: The act of Mukallaf to which the hukm is related to, through a demand or option or through a declaration. Technical: Conditions that apply to the action, not the person commanded. It must be known that this is a commandment or prohibition from Allah. It must be possible for the action to be performed or abstained from. Literal: The person whose acts invokes a hukm required by Lawgiver If an insane person leads your Technical: Conditions that apply to the person, not the action. He must be of sane mind. Hadith: The pen was raised from three salah, your prayer is invalid people: The sleeping one until he awakes, the child until he reaches puberty, and the insane one until his faculties return to him. The capacity to receive, inhere rights and obligations. Janin (Embryo) as well as infant to seven years who received the rights only. The capacity for the active exercises of rights and obligation or the capacity for execution or performance the duties. From year of tamyiiz (from seven years) who received huquq Allah such as iman, prayer, fasting, etc Literal: Emphatic formulation Taking ablution( Azimah) Technical: Initial rules, the law giver may indicate that one hukm is to be considered as an obligation imposed initially as a general rule or origin rule Literal: Exceptional rules Tayammum Technical: Rukhsah the rule based on the excuse and necessity of Mukallaf. Literal: Compulsory Fard prayer Technical: A religious duty commanded by Allah (God). Literal: Duty, or a must. Solat Witr after Tarawikh prayer. Technical: The scholars of the Hanafi school of jurisprudence are of the view that there is a difference between Fardh and Waajib. Zakat al-Fitr. Fardh, according to them, is what is proved by absolute evidence (evidence that only has one meaning). And waajib is what is proved by presumptive evidence (Evidence that could have more than one meaning). Literal: Prohibited for itself Eating pork Technical: The act that is prohibited for itself is one that was declared prohibited for itself from the start Literal: Prohibited for an external factor Eating mango is halal but eating Technical: The act that is prohibited because of its association with illegal things or it may be the cause of the illegal things. stolen mango is haram. Literal: It is hateful things but it does not avail sins Eating onion and go to pray. Technical: An act that is detested in Shariah, without the promise of punishment for the one who carries it out. It is closer to the lawful Wasting water whilst performing (mubah) than the unlawful (haram). ablution. Literal: Hateful things which does avail sin as well as punishment in hell Buying and selling when the call Technical: A command for abstinence that has been established by speculative proof (dalil dhanni). It is closer to the unlawful (haram) for prayer Jumah takes place. and can also be defined as being in diametrical opposition to a Wajib. Literal: The stressed one Optional prayers before/after Technical: Called Sunnat al- Huda, it is recommended act that was persistently performed by the Prophet. He did not give up its obligatory prayers. persistent performance, except on some occasion. Literal: Optional but spiritually beneficial Fasting in Monday and Thursday. Technical: Also known as Nafilah , an act that was not performed persistently by the Prophet. He performed it in several times and did Dhuha prayer not do so at other time 2

Case: A nephew murders his rich uncle to get money. Mani: A murderer does not inherit from the one he murdered. Examples of divine laws are Quran and Hadith. Perform Salah five times per day

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Sunnat al-zawa'id Al-Qur'an Al-Sunnah Al-Ijma' Al-Ijma' al-Sukuti Al-Qiyas

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Refers to the character, and personal habits of the Prophet. These include his manner of dressing, sleeping etc. Literal: The recitation Technical: The Book containing the words of Allah revealed to the Prophet s.a.w. Muhammad s.a.w. in Arabic and transmitted to us by continuous testimony [tawatur] Literal: Well-known path Technical: All what is narrated from the Prophet s.a.w. including his actions, sayings and whatever he has tacitly approved ( ). In addition, all the reports, which describe his physical attributes and character, are also considered as Sunnah Literal: To agree and to determine upon something. Technical: According to Muhammad Abu Zahrah, the unanimous agreement of the mujtahidun of the Muslim community of any period following the demise of Prophet Muhammad s.a.w on Shari (legal) matters. It is when some of the mujtahidun of a particular time give an expressed opinion concerning an incident but the rest remain silent.

Maintain the cleanliness x

Second Azan of Jumah(Friday), which was the Ijma of sahaba(ra) during the time of Usman(ra) x

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Literal: To measure, to compare The original case is about wine Technical: The extension of a Shariah value from the original case (al-Asl), to a new case, because the latter has the same effective drinking. New case is taking cause (illah) as the former narcotic drugs. The same cause is intoxication. So, the hukm would be prohibition (haram). Al-Istihsan Literal: To deem something preferable, to consider something good. Analogy requires that ritually pure Technical: Al-Sarakhsi defined it as a way of looking at the consequences of the application of two legal rules and the selection of one water should be used for ablution that creates ease and facility. Isithsan requires that the use of wells, in which dirt or carcasses of animals have fallen, be permitted. Al-Maslahah al-Mulghah Literal: Invalidated maslahah (benefit/interest) The practice of usury Technical: The maslahah which al-Quran and al-Sunnah has nullified either clearly or by indication that could be found in Shariah. Al-Maslahah al-Mursalah Literal: Maslahah without any text neither to validate it nor invalidate it. Codification of al-Quran Technical: The maslahah which has not been regulated by the Legislator and there is no textual authority can be found on its validity or otherwise Maqasid al-Shari'ah Literal: The objective of shariah x Technical: Ibn Qayyim al-Jawziyyah: The Shariah aims at safeguarding people's interest as well as preventing harm from them in this world and the next. Therefore fiqh, with all different parts of it (Ibadah, Muamalah, jinayah etc) were revealed to benefit human beings and prevent harm from them, and it is also part of the mercy from Allah to mankind. Al-Istishab Literal: Escorting or companionship (presumption of continuity) Clean water is presumed to remain Technical: Technically, istishab indicates that facts, or rules of law and reason, whose existence or non-existence had been proven in as such till a change (in odor or the past are presumed to remain so for lack of evidence to establish any change. color) is observed. Istishab al-Bara'ah al-Asliyyah Free ourselves from the burden and obligation (taklif) syar'i until there is evidence to show the existence taklif. A child released from taklif until they reach the age of adulthood Istishab al-Nass Methods of deductions from the legal verses of the Quran and the legal Ahadis (singular Hadis) are what the Fuqaha (jurists) have (2:236) noted that it is not clearly called Ibarah al Nass (whereby Ahkam or rules are derived from the obvious words and sentences themselves), Isharah al Nass (where said that marriage can be Ahkam are inferred from signs and indications inherent in the text) Dalalah al Nass (where Ahkam are derived from the spirit and contracted without prior fixation of 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 marital gift but deeper silent on the issue). investigation suggests so. Istishab al-Wasf Continuity of attributes such as the presumption that a missing person is still alive. After making ablution, the state of ritual purity (taharah) is presumed to continue till it is null. Sadd al-Dhara'i Literal: Sadd means blocking, Dharai means the way of obtaining certain end Selling grapes to a wine maker Technical: Closing down the means of evil in order to prevent it Al-'Urf or al-'Adah Literal: To know The customary practice of charging Technical: The behaviour of a group of people in their sayings or doings. a fixed price for entry to public toilet Shar'u man qablana Literal: Laws revealed prior to the advent of Islam In Moses sharia, a person who Technical: It was the shariah before Islam came. The consensus of scholars say that all the tenets of Islam revealed by God through has committed sins will not be His Apostles in general has been cancelled by the Islamic shariah. forgiven except by killing himselv 3

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Qawl al-Sahabi

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Al-Ijtihad

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al-Taqlid

Literal: Opinion of a Companion Views on Hanafis scholars Technical: Qawl al-sahabiyy is one of the evidences which are not agreed which is one of the sources of legislation in Islam. Qawl al- narrated from Ibn Masud telling sahabiyy is the words of the Prophet's companions after his death that who reach the standard as mujtahid. that the period of woman who are menstruated in the shortest periods is in three days. Literal: To strive with ones total ability and efforts to reach a goal which in this case is to endeavour to deduce the divine laws of x sharia from the reliable sources and proof Technical: The making of a decision in Islamic law (sharia) by personal effort (jihad), independently of any school (madhhab) of jurisprudence (fiqh). As opposed to taqlid, following the decisions of a religious expert without necessarily examining the scriptural basis or reasoning of that decision. Literal: to follow (someone), to imitate x Technical: Taqleed means to comply with or subscribe to the edicts of a jurist regarding practical affairs of religion. These practical affairs are collectively referred to as 'Furu-e-Deen' or fundamentals of religion.