Understanding Usul Al-Fiqh by Abu Tariq Hilal - Abu Ismael al-Beirawi

Linguistically, Fiqh means understanding (Fahm), as in the saying of Allah (swt):

“We do not comprehend (ma nafqahu) much of what you say.” (TMQ Hud: 91) i.e. we do not understand.

As a juristic term, Fiqh has two meanings:

A. The Usuli scholars such as Amidi, al-Zarkashi, al-Baydawi and Shawkani have defined fiqh as, „the knowledge of the practical Shar‟ai matters that are derived from their elaborated evidences (al-ad‟Illah al-tafsiliyyah)‟.1

As an example, a Faqih would know the ruling for the issue of abortion; in addition, he would know how and from where this ruling was extracted from.

B. All the Islamic laws. This definition is synonymous to the term Shari‟ah.

Knowing the Shari‟ah rules with which a Muslim is obliged with in life is an individual duty upon every Muslim, as he is commanded to undertake all his actions according to the laws revealed by his creator, Allah (swt). This is because the address of accountability (Takleef) with which the Legislator (Ash-Shar‟i) addressed mankind, and addressed believers, is a decisive address to anyone whether it was about the creed (Iman) or human actions. Allah‟s (swt) says:

“It is not for any believer, male or female, to have any option in any matter upon which Allah and His Messenger have judged.” (TMQ Al-Ahzab: 36)

) “Whoever performs a particle‟s weight of good will see it, and whoever performs a particle‟s weight of evil will see it.” (TMQ Al-Zalzalah: 7-8)

“The Day that every soul will be confronted with all the good it has done and all the evil it has done, it will wish that there was a great distance between it and (its evil). But Allah cautions you about Himself.” (TMQ Al-Imran: 30)

“And each soul will be recompensed for all its actions.” (TMQ An-Nahl:111)

Accountability (Takleef) has come in a decisive manner in the texts, so a Muslim is accountable to restrict himself to the Shar‟a rules when he undertakes any action. Consequentially it becomes obligatory upon every Muslim to know the Shari‟ah rules with which he is bound by in this life. As for gaining further knowledge in other areas of the Shari‟ah this is a collective obligation (Fard ul Kifaya) not an individual duty (Fard ul Ayn) i.e. if some people fulfil this, then the obligation is lifted from the rest.

This is strengthened by what was narrated by Anas bin Malik who said: The Messenger of Allah (saw) said:

“Seeking knowledge is obligatory upon every Muslim.”(Ibn Majah)

Jurisprudence (Fiqh) is part of the rules with which a Muslim is bound by in his life such as ritual worships („Ibadat) and social transactions (Mu‟amalat). Hence studying Fiqh is among the compulsory matters for Muslims. There are noble Ahadith encouraging the studying of fiqh.

It is narrated from Mu‟awiyya bin Abu Sufyan that the Messenger of Allah (saw) said:

“The one for whom Allah wills good, He grants him fiqh in the deen.” (Bukhari)

Also Hazzam bin Hakeem narrated from his uncle from the Messenger of Allah (saw) who said:

“You are in a time of many jurisprudents (fuqaha), few speakers, many who give and few who ask; so action in this time is better than knowledge. There will soon come a time of few jurisprudents, many speakers, many who beg and few who give; so knowledge in this time is better than action.” These ahadith are explicit in the virtue of fiqh and encouraging its study. It was narrated that Umar bin al-Khattab said:

“The death of one thousand worshippers who pray at night and worships in the day is less serious than the death of one intelligent knower (Baseer) of the halal and haram of Allah.” (Ahmad).