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Al-Waadih Fee Usool ul-Fiqh1 min readViewed 5 times

5 Ijmaa’ of the four Khulafaa’: Abu Bakr, ‘Umar, ‘Uthmaan and ‘Ali (rah):

This was a view held by Al-Imaam Ahmad Bin Hanbal (rh) and some of the Hanafiyah like Al-Qaadi Haazim.

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Chapters (258)

1The Introduction
2Chapter One
3Al-Fiqh
4The origins of Fiqh and how it arose
5Usool ul-Fiqh
6The Objective of Usool ul-Fiqh
7The difference between Usool ul-Fiqh and Fiqh
8The difference between Usool ul-Fiqh and Al Qawaa id Al Fiqhiyyah
9History of the ‘Ilm of Usool ul-Fiqh
10The ‘Ilm of Usool ul-Fiqh after Ash-Shaafi’iy
11The ‘Ilm of Usool ul Fiqh after the Madhaahib Al Fiqhiyyah
12Tareeqah (method) of the Mutakallimeen and the Tareeqah of the Fuqahaa’ in relation to Usool ul-Fiqh
13What is the reality of this Tareeqah in relation to the ‘Ilm of Usool ul-Fiqh?
14The most significant books of Usool written upon the methodology of the Mutakallimeen
15Tareeqah (methodology) of the Fuqahaa’ in respect to the ‘Ilm of Usool ul-Fiqh
16The most significant works of Usool upon the Fuqahaa’ Tareeqah (method)
17Combining the methods of the Mutakallimeen and the Fuqahaa in Usool ul-Fiqh
18The most significant books that combined the two methods of the Mutakallimeen and the Fuqahaa in Usool ul-Fiqh
19The Second Chapter
20The First Daleel Al Qur’aan Al Kareem
21How the Qur’an was revealed
22The Wisdom in respect to the Qur’aan being revealed in instalments
23Tawaatur Al Qur’aan
24I’jaaz (inimitability of) Al-Qur’aan:
25The aspects of the miraculous nature and inimitability (I’jaaz) of the Qur’aan
26Hujjiyat ul Qur’aan (Its proof and validity)
27The importance of the Qur’aan in relation to the other Adillah (sources of evidence)
28The Ahkaam that are encompassed by the Qur’aan Al Kareem
29The Style of the Qur’aan in respect to its explanation and presentation of Ahkaam (rulings)
30The Second Daleel: As Sunnah An Nabawiyah Ash Shareefah
31The relationship of the Sunnah to the Qur’aan and its related categories
32The Aqsaam (Categories or divisions) of the Sunnah in respect to its Sihhah (validity and soundness) and its Da’f (weakness)
33The Aqsaam (categories/divisions) of the Sunnah in respect to the Ruwaat (narrators) “As-Sanad” (The chain)
34The Hukm (ruling) of working with each category of the categories of the Sunnah
35Af’aal Ar-Rasool (saw) (The actions of the Messenger (saw))
36An-Naskh (abrogation) in the Qur’aan and in the Sunnah
37Daleel An-Naskh (The abrogating evidence)
38Types of An-Naskh (Abrogation)
39How does An-Naskh take place in respect to the Kitaab and the Sunnah
40That which it is not permissible for An Naskh to occur in
41The method for identifying the Naasikh (Abrogating) and the Mansookh (Abrogated)
42The Shuroot (conditions) of the valid Shar’iy Naskh
43The opinions of the ‘Ulamaa in respect to An-Naskh
44An-Naskh before At-Tamakkun (consolidation)
45The Third Chapter
46The Third Daleel: Al-Ijmaa’ (consensus)
47The meaning of Al-Ijmaa’ in accordance to the Istilaah of the Usooliyeen:
48Hujjiyat ul-Ijmaa’ (the proof of its validity as a Daleel Shar’iy)
49Ijmaa’ Al-Ummah
50The possibility of the occurrence of Al-Ijmaa’
51The opinions of the ‘Ulamaa in respect to the Hujjiyah of Al-Ijmaa’ and the possibility of its occurrence
52The levels or grades (Maraatib) of the Ijmaa’
531 As Sahaabah:
54Who are the Sahaabah?
552 The Mujtahidoon of the Muslims in a particular time period:
56Who are the Mujtahideen by which an Ijmaa’ is convened through their agreement?
573 Ahl ul-Madinah:
584 Ijmaa’ Ahl ul-Bayt (people of the house) of the Messenger of Allah (saw):
595 Ijmaa’ of the four Khulafaa’: Abu Bakr, ‘Umar, ‘Uthmaan and ‘Ali (rah):
60That which the Ijmaa’ is rests upon (Mustanad):
61My opinion in respect to Al-Ijmaa’
62The Fourth Daleel Al-Qiyaas (Analogy)
63The Importance of Qiyaas within Islamic Fiqh
64Hujjiyat ul-Qiyaas (the proof of its validity as a source of evidence)
65The Arkaan (pillars) of Al-Qiyaas
66Shuroot (the conditions) of the Arkaan (pillars) of Al Qiyaas
67The types of ‘Illah ‘Masaalik Al-‘Illah’
68Aqsaam (Categories of) Al-Qiyaas and their level of degree in respect to the Hukm in the view of some of the ‘Ulamaa’
69Al Qiyaas upon Al Hikmah: The difference between the ‘Illah and the Hikmah
70The stances of the ‘Ulamaa’ in respect to making Qiyaas upon the Hikmah
71Al-Qiyaas and the Nusoos (texts):
72The opinion of Al Hasan Al Basriy in relation to AlQiyaas and the Nusoos (texts)
73The difference between the ‘Illah and the Sabab
74The difference between the ‘Illah and the Manaat
75Tahqeeq ul-Manaat (Verifying the reality):
76The Tahqeeq (ascertaining of) the ‘Illah:
77The Fourth Chapter
78The Fifth Daleel - Al-Istihsaan
79The Categories of Al-Istihsaan:
80Hujjiyat ul-Istihsaan (Evidence or proof for its validity as a source of evidence)
81The opinion of the ‘Ulamaa in respect to Al-Istihsaan and its Hujjiyah (validity as a a source of evidence)
82My Opinion In Respect To The Categories Of Al-istihsaan
83There Is No Liability Upon The Thing That Has Been Entrusted (Ad-Daaruqutniy).
84Introduction: The Opposition Of Al-istihsaan To Al-qiyaas In The View Of The Hanafiya
85The Opposition Of Al-istihsaan To Al-qiyaas In The View Of The Hanafiyah
86Practical Examples Of The Application Of Istihsaan
87The Sixth Daleel: Al-masaalih Al-mursalah
88The Categories Of Al-masaalih
89The Significance Of The Utilisation Of Al-masaalih Al-mursalah Within Islamic Fiqh
90The Hujjiyah (legal Proof) Of Al-masaalih Al-mursalah And The Evidences For That
91The Opinions Of The ‘ulamaa In Respect To Al-masaalih Al-mursalah
92The Adillah (evidences) Of Those Who Do Not Adopt Al-masaaalih Al-mursalah
93The Opinion Of Ash-shaatibiy In Respect To Al-masaalih
94My Opinion In Respect To The Masaalih Al-mursalah Making Clear Its Invalidity
95Examples Of The Applied Usage Of Al-masaalih Al-mursalah
96My Opinion And Comment In Regards To The Previous Examples
97The Relationship Between Al-maslahah Al-mursalah And Al-istihsaan
98Chapter Five
99The Seventh Daleel
100Utilising The Saheeh ‘urf As A Daleel:
101The Significance Of Al-‘urf
102The ’urf That Is Considered To Be A Hujjah (proof) And Its Adillah (evidences)
103The Conditions Of The ‘urf Al-mu’tabar (the Custom That Is To Be Given Consideration)
104The Opinions Of The ‘ulamaa In Regards To Al-‘urf
105Aqsaam (categories Of) Al-‘urf
106Examples Of The Application Of Working With Al-‘urf
107The ‘urf Is A Source For The Man-made Laws
108My Opinion In Respect To Al-‘urf
109The Eighth Daleel
110Hujjiyat (proof Of Validity Of) Al-istishaab And The Adillah For Utilising It
111The Opinions Of The ‘ulamaa In Respect To Al-istishaab
112At-tarjeeh (outweighing The Arguments)
113The Ahkaam Which Are Based Upon Al-istishaab
114Al-istishaab And The Man-made Laws
115My Opinion In Respect To Al-istishaab
116Chapter Six
117The Ninth Daleel
118The Opinions Of The ‘ulamaa In Respect To Using The Madh’hab Of The Sahaabiy
119Examples From The Fataawaa Of The Sahaabah (rah) And Their Ijtihaadaat
120My Opinion In Respect To The Madh’hab As-sahaabiy
121The Tenth Daleel
122The Categories Of Shar’u Min Qablinaa
123The Opinions Of The ‘ulamaa In Respect To Working With Shar’u Min Qablinah
124Examples Of The Application Of Shar’u Min Qablinaa
125My Opinion In Respect To Shar’u Min Qablinaa
126Chapter Two
127Al-hukm
128The Aqsaam (categories) Of Al-hukm Ash-shar’iy
129Al-waajib
130Aqsaam Al-waajib (the Categories Of The Obligation)
131Aqsaam (categories Of) Al-waajib In Regards To The Consideration Of The Specification Of What Is Required And Its Non-specification
132The Aqsaam (categories) Of The Waajib In Relation To The Consideration Of Who Is Mukallaf (i.e. Who Has Been Charged To Undertake The Obligation)
133The Aqsaam (categories) Of The Waajib In Respect To The Consideration Of Their Evaluation Or Non-evaluation In Respect To Amount Or Quantity
134Maa Laa Yatimm Ul-waajib Illaa Bihi Fa Huwa Waajib (that Which The Waajib Is Not Completed Except With It, Is Waajib)
135Al-mandoob (the Recommended Act)
136Al-haraam (the Prohibited)
137Aqsaam (categories) Of The Muharram (prohibited Matter) “al-haraam”
138Al-makrooh (the Disliked Action)
139Al-mubaah (the Permissible)
140The Hukm Of Things And The Hukm Of Actions
141Al-hukm Ash-shar’iy Al-wad’iy
142The Types Of The Hukm Ash-shar’iy Al-wad’iy
143As-sabab (the Cause)
144The Types Of Sabab
145Ash-shart (the Condition)
146Types Of Ash-shart
147The Types Or Kinds Of Shart In Terms Of Its Source
148Ash-shart And As-sabab (the Condition And The Cause)
149Al-maani’ (the Preventer)
150The Types Of Al-maani’
151The Mawaani’ (plural Of Maani’) In Respect To Performance (al-adaa’) And Request (at-talab)
152As-sihhah, Al-butlaan And Al-fasaad (correctness/validity, Invalidity And Corruption)
153The Forbiddance Of ‘uqood (contracts) And Tasarrufaat (conduct/disposal)
154Al-‘azeemah And Ar-rukhsah
155Acting In Accordance To The Rukhsah And The ‘azeemah
156The Difference Between The Hukm At-takleefiy And The Hukm Al-wad’iy
157Al-adaa’ (performance) And Al-qadaa’ (making Up For What Has Been Missed)
158Arkaan Al-hukm (the Pillars Of The Judgment)
159The First Rukn (pillar) From The Arkaan Of The Hukm (al-haakim)
160My Opinion In Respect To At-tahseen And At-taqbeeh (determining The Pretty And Ugly)
161Second Pillar - Al-mahkoom ‘alaihi
162Al-mukallafoon Bil-ahkaam (those Who Have Been Charged Or Made Responsible With The Rulings)
163The Position Of The Islamic State In Respect To Applying The Ahkaam Upon The Disbelievers
164The Obligation Of The Muslims Towards The Kuffaar (disbelievers) Whom Islaam Has Not Reached
165The Competency Of The Mukallaf And Its Impediments
166Aqsaam Al-ahliyah (the Categories Of Suitability)
167The Stages That The Human Passes Through In Respect To Al-ahliyah
168Impediments Or Preventative Matters (‘awaarid) Affecting The Ahliyah
169Third Pillar From The Pillars Of The Hukm - Al-mahkoom Feehi
170Shuroot Al-mahkoom Feehi Or The Shuroot Of The Validity Of The Takleef In Respect To The Action
171The Types Of Al-mahkoom Feehi From The Angle Of The Direction That It Is Attributed To
172Maqaasid Al-ahkaam Ash-shar’iyah
173The Difference Or Disagreement Amongst The ‘ulamaa In Respect To The Ahkaam Ash-shar’iyah Being Mu’allalah (reasoned) By Al-maslahah (the Interest/benefit)
174My Opinion In Respect To The Ahkaam Ash-shar’iyah Being Mu’allalah (reasoned) By Al-maslahah
175Section Two
176Al-alfaazh (worded Expressions/wordings) In The Kitaab And The Sunnah
177The Alfaazh Of The Kitaab And The Sunnah In Respect To Their Clarity
178Firstly: Azh-zhaahir
179Secondly: An-nass
180Thirdly: Al-mufassar
181Fourthly: Al-muhkam
182The Alfaazh (wordings) Of The Kitaab And The Sunnah In Terms Of Their Lack Of Clarity
183Firstly: Al-khafiy
184Secondly: Al-mushkil
185Thirdly: Al-mujmal (ambivalent/undetailed)
186Fourthly: Al-mutashaabih
187My View In Regards To The Mutashaabih
188The Alfaazh (worded Expressions) From The Angle Or Perspective Of What They Indicate To In Terms Of Meanings
1891 – Dalaalat Ul-‘ibaarah
1902 – Dalaalat Ul-ishaarah
1913 - Dalaalat Un-nass
1924 – Dalaalat Ul-iqtidaa’ (indication Of Requirement/necessity)
1935 - Mafhoom Al-mukhaalafah (the Opposite Or Contrary Meaning)
194That Which The Mafhoom Al-mukhaalafah Is Not Applied To
195Dalaalat At-tanbeeh Wa-l-iemaa’ (the Indication Through Alerting To It Or Providing A Clue Or Indication To It)
196Maraatib Ad-dalaalaat (rankings Or Levels Of The Different Worded Indications)
197Al-mantooq And Al-mafhoom
198The Alfaazh From The Angle Of Their Comprehensiveness
199Al-‘aamm (the General)
200Al-khaass (the Specific)
201Takhsees Al-‘aamm (the Specification Or Specifying Of The General)
202Adillah Takhsees Al-‘aamm (evidences Of Specifying The General)
203Adillah At-takhsees Al-munfasalah (separated Evidences Of Specification)
204The Importance Or Consideration Is With The Generality Of The Wording And Not With The Specificity Of The Cause
205Al-mushtarak
206Al-mutlaq And Al-muqayyad (the Unrestricted And The Restricted)
207The Forms Associated To At-takleef (legal Responsibility)
208Al-amr (the Command)
209Seeghat Ul-amr (the Command Form)
210The Way That The Seeghat Ul-amr (command Form) Is Indicative Of Al-wujoob, An-nadb Or Al-ibaahah
211The Dalaalat Ul-amr ‘alaa At-tikraar (the Indication Of The Command Upon Repetition)
212Dalaat Ul-amr (indication Of The Command) In Respect To Immediacy Or Non-immediacy (delay)
213The Command Following The Prohibition
214An-nahi (the Forbiddance)
215Seeghat Un-nahi (the Forbiddance Form)
216What The Seeghat An-nahi (forbiddance Form) Indicates?
217What The Nahi Indicates From The Angles Of Repetition, The Single Forbiddance, The Continuity And Immediacy
218The Indication Of The Nahi In Respect To The Fasaad (corruption)
219The Amr (command) To Do A Matter Does Not Represent A Nahi (forbiddance) To Do Its Opposite
220Similarly, The Nahi (forbiddance) Of A Matter Does Not Represent An Amr (command) To Do Its Opposite
221Areas Of Study Related To The Language
222The Language (al-lughah)
223The Arabic Language
224The Way To Acquire Knowledge Of The Arabic Language
225The Categories Of The Arabic Language
226Dalaalaat Ul-alfaazh (the Indications Of The Alfaazh)
227The Categories Of The Lafzh (wording) In Respect To ‘ad-daall’ (indicating) And ‘al-madlool’ (indicated)
228Chapter Three
229Al-ijtihaad
230The Categories Of Al-ijtihaad:
231Ahkaam Al-ijtihaad
232It Is Not Permitted For Ijtihaad To Be Attributed To The Messenger Of Allah (saw)
233The Requirements Of Al-ijtihaad
234At-taqleed (imitation Or Following)
235The Types Of Muqallideen (followers)
236The Hukm Of At-taqleed
237My Opinion In Respect To At-taqleed
238The Difference Between Al-ijtihaad And At-taqleed
239The Madhaahib In Al-ijtihaad
240At-talfeeq (concocting, Piecing Together) Amongst The Madhaahib
241My Opinion In Respect To At-taqleed And At-talfeeq Amongst The Madhaahib
242The Following Of Ar-rukhas (special Exempting Permission)
243The Opinions Of The ‘ulamaa In Respect To The Rukhas
244My Opinion In Respect To The Following Of The Rukhas
245Al-fatwaa
246Al-iftaa’, Al-ijtihaad And Al-qadaa’
247The Difference Between Al-iftaa’ (provision Of A Verdict) And Al-qadaa’ (judging)
248Chapter Four
249At-ta’aadul And At-tarjeeh
250At-tarjeeh (outweighing)
251The Hukm Of Working With At-tarjeeh
252Working With Two Evidences Working With Two Evidences, And Even In One Aspect Is Awlaa (better Or More Appropriate Than Neglecting Either One Of Them)
253The Conflict Between Two Texts With One Being Later Than The Other Or Not Being Later
254Outweighing The Aqyisah (plural Of Qiyaas) (i.e Analogies)
255Principles Related To The Tarjeeh (outweighing) Of Al-aqyisah (analogies)
256The Tarjeeh (outweighing) Between The Dalaalaat (implications/indications) Of The Alfaazh (worded Expressions) Within A Single Text
257Al-haqeeqah And Al-majaaz (literal And Metaphorical)
258Sources And References