The Second Chapter
1) Al-Kitaab Al-Kareem
- Its definition, how it was revealed and the Hikmah (wisdom) in respect to that.
- Its Tawaatur transmission and the angles of its miraculous or inimitable character.
- Its validity as a proof (Hujjiyah) and its importance in respect to the other Adillah.
- The Ahkaam that it comprises and the manner in which it presents them.
2) As-Sunnah An-Nabawiyah Ash-Shareefah
- Its definition and its intrinsic divisions or categories.
- Hujjiyah (validity as an evidential proof) of the Sunnah and its connection to the Qur’aan Al-Kareem and its categories in relation to it.
- Its categories in terms of Sihhah (correctness/validity) and Da’f (weakness) and in the Ruwaah (relaters/transmitters). The Mutawaatir, the Mash’hoor, the Aahaad and working or utilising each category.
3) An-Naskh (abrogation) in relation to the Qur’aan and the Sunnah:
- The meaning of An-Naskh (abrogation) and the opinions of the ‘Ulamaa’ in respect to it.
- The extent of the occurrence of An-Naskh in the Qur’aan and the Sunnah.
- The abrogation of the Qur’aan by the Qur’aan, the abrogation of the Qur’aan by the Sunnah and the abrogation of the Sunnah by the Qur’aan.
Introduction
After having presented the definition of Usool ul-Fiqh in the first chapter; its origins, history, men, methods, paths and its books, we now move on to the most important of its subject areas and this is the subject of the Adillah Al-Ijmaaliyah, which are the sources of the Islamic legislation and from which the practical Shar’iyah rulings are derived.
The most important of the Adillah Al-Ijmaaliyah are: The Qur’aan Al-Kareem, the Sunnah An-Nabawiyah and what the Qur’aan and the Sunnah guide to in terms of sources like Al-Qiyaas and Al-Ijmaa’. This subject area also includes other sources like: Al-Istihsaan, Al Masaalih Al-Mursalah, Al-‘Urf, Al-Istishaab, Madh’hab As-Sahaabiy and Shar’u Min Qablinaa.
We will take each Daleel from amongst these Adillah Al-Ijmaaliyah separately and examine its Hujjiyah (validity as a source) based on proof and evidence and upon the basis of whether it is a Daleel emanating from the Wahi (divinely inspired revelation). That is because we as Muslims have been commanded to follow what the Messenger of Allah Muhammad (saw) definitely brought from Allah Ta’Aalaa. This is due to the Qawl (statement) of Allah Ta’Aalaa:
And whatever the Messenger brought to you take it and whatever he has forbidden you from abstain from it (Al-Hashr 7).
His Qawl Ta’Aalaa:
And he does not utter from (his own) desire. It is only Wahy (divine inspiration) that has been inspired (An-Najm 3-4).
And due to the speech of Allah Ta’Aalaa:
And whoever seeks a Deen other than Islaam, it will never be accepted of him, and in the Hereafter he will be one of the losers (Aali ‘Imraan 85).
Al-Islaam is the Deen that Allah Ta’Aalaa revealed to Muhammad (saw) through the means of the Wahy (divine inspiration).
Allah Ta’Aalaa has forbidden following that which is not Yaqeeniy (certain and definite) in respect to the like of these Adillah (evidential sources). Allah Ta’Aalaa said:
And follow not that of which you have no knowledge (‘Ilm) (Al-Israa’ 36).
The ‘Ilm (knowledge) is Al-Yaqeen (certainty) and the Zhann (absence of certainty) cannot compensate for the Yaqeen. Allah Ta’Aalaa says:
Certainly, conjecture can be of no avail against the truth (Younus 36).
This is because if the Daleel Al-Ijmaaliy (source evidence) was based on uncertainty or conjecture (Zhann) then the potential and possibility of difference would occur in respect to whether it is from Allah or not from Allah. This is the case where the source for it to be a Hujjah (proof and evidence) must be Qat’iy Ath-Thuboot (definite in transmission) that it is from Allah. That is so that the Muslim is convinced and comfortable that the actions he is undertaking are in accordance to the commands and forbiddances of Allah Ta’Aalaa. It has been established amongst the Muslims as a whole through definite correct proofs and evidence (Baraaheen), some ‘Aqliy and some Naqliy, that the Qur’aan and the Sunnah are from Allah and that they represent a Hujjah. They have differed in respect to the Hujjiyah of the remainder of the Adillah like Al-Ijmaa’, Al-Qiyaas, Al Masaalih Al-Mursalah and the others beside them