(Introduction)
KEY TERMS
• Fiqh
• Usul Fiqh
• Shari’ah
DEFINITION OF FIQH
• Fiqh literally can be translated as understanding.
• Technically meaning, fiqh can be defined as
“A science of practical Islamic rulings, which are extracted from
specific verses of Islamic sources.”
• Fiqh is about outward human actions, such as performing
worship, financial transactions, criminal punishment and the
marriage process. In contrast, the akidah and akhlak are not
the subject of fiqh.
• Any ruling of fiqh must be supported by a specific verse of the
Quran or the Hadith.
• This process occurs in two different forms:
• Rulings that are conveyed in a clear text such as such as the
obligation of prayer and the distribution of inheritance
• Rulings that are formulated through the exercise of ijtihad
(deduction) such as the period of ʿiddah (waiting period for
divorced women)
DEFINITION OF SHARI’AH
• Shari’ah literally this word can be understood as a designated
rule of law, or a system of law.
• Technically speaking, Shari’ah refers to the Islamic laws, in
which it represents the commandments prescribed by Allah to
humankind
Shari’ah
Akidah Fiqh Akhlak
SHARI’AH VS FIQH
Shariah Fiqh
Shari’ah is wider than Fiqh. Fiqh is a part of the Shari’ah.
Shari’ah is fixed and unchangeable Fiqh changes according to the changes of the
circumstances
Shari’ah is based on revelations in which the Fiqh includes revealed rules and the rules that
knowledge is only obtained from Quran and deduced from ijtihad process.
Sunnah.
The majority of Shari’ah rules are general as they The majority of fiqh rules are specific as they
lay down basic principles. demonstrate how the basic principles of Shari’ah
should be applied in the real circumstances.
DEFINITION OF USUL FIQH
“The principles and the methodologies, which are used by
mujtahids to deduce the practical Islamic ruling from its specific
sources.”
DEFINITION OF USUL FIQH
• Usul fiqh provides special principles and methodologies in dealing
with the sacred text of the Quran and the Hadith.
• These methodologies include the principle of the Arabic language
and the principle of manṭiq (logic), in order to understand words,
phrases and verses of both the sacred texts that pertain to Islamic
rules.
• Usul fiqh also comes up with methodologies to engage with issues
that have not been mentioned clearly in the Qur’an and the Hadith.
• In this regard, several methodologies have been established derived
from Quran and Hadith such as qiyas, sad Zarai’, Istihsan, Urf,
Istishab and Maslahah Mursalah
FIQH VS USUL FIQH
Fiqh Usul Fiqh
The subjects of fiqh are Shari’ah The subjects of usul fiqh are
rulings such as wajib, haram, sunat, principles, methodologies and
harus and makruh. sources of Shariah.
Al-Quran and
Al-Sunnah
Usul fiqh
Dalil (evidence)
Fiqh
Ahkam
(rulings)
THE IMPORTANCE OF USUL FIQH
• Usul Fiqh enables mujatahid to apply its principles and
methodologies in justifying any Islamic ruling. This is because Usul
Fiqh provides the guidelines and parameters for extracting the
exact jurisprudence from its source.
• Usul fiqh guides mujtahid in dealing with the issue that not been
mentioned clearly in Quran and Hadith. Since business and
financial activities have expended dramatically, some of issues need
to be analyised with various sources of Shariah such as istihsan,
sadd zarai’, maslahah mursalah.
• Usul fiqh guides mujtahid in dealing with different opinion of
scholars. In fact, different views cause different applied
methodologies among scholars. This helps mujtahid to analyse the
view and to weighing between them.
THE ERA OF THE PROPHET
• This era is known as the foundation of Fiqh.
• The revelation is divided into:-
• Makkiyyah(Period before Hijrah)
• Madaniyyah(Period after Hijrah).
• The revelation, either through the Quran or the Hadith,
provided legislation and rulings for Muslims, as every issue
was referred to the Prophet directly.
• However, in particular cases, the Prophet allowed several
ṣaḥabah to exercise their personal ijtihad (deduce the ruling),
especially when they were far-off from him.
THE ERA OF SAHABAT
• This period witnessed the ṣaḥabah playing an important role as
the religious reference for Muslims.
• While the ṣaḥabah’s methodology was clear, by referring to the
Quran and the Hadith, they experienced several new issues that
did not occurred in the prophetic period. As a result, many
decisions have been practiced such as the compilation of the
Quran, and suspending hudud during years of famine.
• Ijtihad became the main method in dealing with those issues, as
most decisions were reached collectively (ijma’), especially
during the period of the Rightly Guided Caliphs
THE ERA OF TABIIN
• After Muslim territories expended vastly, there were overwhelming new
issues that had never occurred during the period of revelation.
• At the same time, it was impossible to establish a collective decision as
scholars had separated. Instead, ijtihad was exercised individually, because
scholars had developed their own methods for dealing with the Islamic
sources and the current issues.
• As a result, two mazhab (schools of thought) were established, and their
methods and juristic views have been written down as references for later
scholars and their followers.
• Ahlu Hadith in Madinah
• Ahlu Ra’yuin Iraq.
THE ERA OF USUL FIQH
• After Islam has expended vastly, as well as many issues have
emerged, ijtihad has been practiced by many scholars.
• As a result, many mazhab were established.
• At the same time, methods and juristic views have been written
down as references for later scholars and their followers.
• Imam Shafie was considered as the pioneer in usul fiqh. His
book, al-Risalah is recognized as the first usul fiqh book.
