COURSE OUTLINE

I.
Introduction to Usul al-Fiqh
II. Quran...The first source
III. Sunnah...The Qurans partner in legislation
IV. Rules of Interpretation I (Deduction)
V. Rules of Interpretation II (Implications)
VI. Commands and Prohibitions
VII. Naskh (Abrogation)
VIII. Ijma (Consensus)

Lesson One

Introduction
To
Usool-ul-Fiqh

Contents of the Lesson

Definition and Scope
Two Approaches to the Study of Usul al-Fiqh
Proofs of Shariah (al-Adillah ash-Shariyyah)

Definition and Scope

Usul al-Fiqh defined as the science of the sources and methodology

of the law according to the Quran and Sunnah.
Methodology of usul al-fiqh refers to methods of reasoning: analogy
(qiyas), juristic preference (istihsan), presumption of continuity
(istishab) and the rules of interpretation and deduction.
Fiqh is the end product of usul al-fiqh; yet, the two are separate
disciplines.
Fiqh is concerned with knowledge of detailed rules of Islamic law
(the law itself); usul al-fiqh is concerned with methods applied in
the deduction of rules from their sources (the methodology of the
law).

History of usul al-fiqh; al-Shafeee coined as the founder

of usul al-fiqh from his book ar-Risalah, most notably.
Difference between usul al-fiqh and the maxims of fiqh
(al-qawaid al-fiqhiyyah); the maxims of fiqh refer to a
body of abstract rules, theoretical guidelines in the areas
of fiqh such as evidence, transactions, matrimonial, etc.
As such, they are an integral part of fiqh and separate
from usul al-fiqh.
Definition of asl as proof, root, origin, source, and
foundation, rules, principles on which a branch of
knowledge may be founded; usul al-fiqh means the roots
of fiqh (its underlying evidence).

Objective of usul al-fiqh is to regulate ijtihad and

guide the jurist in deducing the law from its sources.
Usul al-fiqh regulates the application of qiyas,
istihsan, istishab, istislah, etc. which aids the jurist in
distinguishing which method of deduction is best
suited for obtaining a Sharia compliant ruling to a
particular problem.

Two Appoaches to the

Study of Usul al-Fiqh

The ulama of various schools adopted two different

approaches to the study of usul al-fiqh, theoretical and
deductive.
The theoretical approach is concerned with exposition of
theoretical doctrines; tends to envision usul al-fiqh as an
independent discipline to which fiqh must conform.
(Mainly the approach adopted by the Shafeee school, the
Mutakallimun, and the Mutazilah
The deductive approach formulates the theory in the light
of its application to relevant issues; attempts to relate usul
al-fiqh more closely to the detailed issues of furu al-fiqh.
(Mainly adopted by the Hanafi school.)

When the Hanafis find a principle of usul to be in

conflict with an established principle of fiqh, they are
inclined to adjust the theory to the extent that the
conflict in question is removed, or they try to make the
necessary exception in order to reach a compromise.
Adillah shariyyah and ahkam (the laws /values that
regulate the conduct of the mukallaf) are the two
principle themes of usul al-fiqh.
Adillah shariyyah refer to four principal proofs or
sources of the Shariah: the Quran, Sunnah, consensus,
and analogy.

Proofs of Shariah (alAdillah ash-Shariyyah)

The proofs of Shariah have been divided into transmitted

proofs (adillah naqliyyah) and rational proofs (adillah
aqliyyah). Two other transmitted proofs include the
rulings of the Companions and the laws revealed prior to
the advent of Islam (sharia man qablana).
Rationality alone is not an independent proof in Islam,
which is why the rational proofs cannot be totally
separated from the transmitted proofs.
Adillah shariyyah have been further classified into
mustaqillah and muqayyadah, that is, independent and
dependent proofs respectively.

Each of the first three sources of the Sharia is an

independent asl, or dalil mustaqil, that is, a proof in its
own right.
Another classification of adillah is their division into
definitive (qati) amd speculative (zanni) proofs. This
division takes into consideration of the proofs of Shariah
not only their entirety but also the detailed rules which
they contain.In this way, the Quran, Sunnah, and ijma are
definitive proofs in the sense that they are decisive and
binding.

Proofs of Shariah (al-Adillah ashShariyyah)

Adillah are classified into three categories:

Thirdly
Secondly,
proofs about which the uluma
proofs
about
Firstly
have generally disagreed, and
which
the
cast
this category includes virtually all
proofs about
majority
the remaining varieties of
which there is
(jumhur)
are
in
rational proofs, such as juristic
unanimous
agreement,
preference (istihsan), the
agreement,
and
these
consideration of public interest
and these
include
general
(istislah), the presumption of
include the
consensus
continuity (istishab), custom
Quran and
(ijma)
and
(urf), revealed laws prior to the
Sunnah.
analogy
Shariah of Islam, and the verdict
(qiyas).
(fatwa) of the Companions.