Usool ul-Fiqh
Usool ul-Fiqh is an ‘Ism Murakkab’ (A name that is constructed and composed of two parts). It is composed of the ‘Mudaaf’ (added) and the ‘Mudaaf Ilaihi’ (added to) (i.e. one word attached and added to another to give a particular meaning when combined). We have already defined the ‘Fiqh’ part and now we will define the ‘Usool’ part so as to arrive at the definition of ‘Usool-ul-Fiqh’.
Usool linguistically:
It is the plural of ‘Asl’ and it is that which is built upon like building a wall upon the foundation and like building the Hukm upon the Daleel. So the Tahreem (prohibition) of ‘Al-Maitah’ (carrion) is the Hukm Ash-Shar’iy built upon the Daleel Ash-Shar’iy which is the Qawl of Allah Ta’Aalaa:
Prohibited to you are dead animals (carrion) (Al-Maa’idah 3).
So the Usool is ‘Usus’ (foundations) or Qawaa’id (principles) upon which something else is built.
The definition of Usool ul-Fiqh:
It is the Adillah Al-Ijmaaliyah and the Qawaa’id (principles) through which knowledge (‘Ilm) of the practical Ahkaam Ash-Shar’iyah taken from the Adillah At-Tafseeliyah (detailed evidences) is arrived at.
As for the Adillah Al-Ijmaaliyah then these are: The Qur’aan, the Sunnah, Qiyaas, Ijmaa’ and other than these.
As for the Qawaa’id (principles) then they are: Either Qawaa’id Kulliyah Shar’iyah (Comprehensive Shar’iyah principles) like the Qaa’idah (principle):
‘That which the Waajib is not completed except with it is (in itself) Waajib’
Or Qawaa’id Lughawiyah (linguistic principles) like the Qaa’idah: ‘The Lafzh (wording) is not taken away from its Haqeeqah (literal meaning) to the Majaaz (metaphorical meaning) unless there is a Qareenah (indicative linkage/connotation)’.
The Subject Area of Usool ul-Fiqh:
Usool ul-Fiqh deals with the following four matters:
1) Al-Adillah Al-Ijmaaliyah:
Al-Kitaab, As-Sunnah, Al-Qiyaas, Al-Ijmaa’ and others like: Al-Istihsaan, Al-Masaalih Al-Mursalah, Al-‘Urf, Shar’u Min Qablinaa, Madh’hab As-Sahaabiy and Istishaab.
Usool ul-Fiqh looks at these Adillah (evidences) from the perspective of affirming their validity to be used as a Hujjah (proof/evidence)
and their evidential grade or level within the process of deduction.
2) Al-Hukm Ash-Shar’iy and what is related to it. This comprises of: The meaning of the Hukm, Aqsaam Al-Hukm (types/categories), Maqaasid Al-Ahkaam Ash-Shar’iyah, Arkaan (pillars) of the Hukm and these are: Al-Haakim (The judge), Al-Mahkoom ‘Alaihi (Judged upon) and Al-Mahkoom Bihi (Judged with).
3) Dalaalaat Al-Alfaazh (the implications, import of the worded expressions). This comprises of: - Dalaalaat Al-Alfaazh (indications of worded expressions) of the Kitaab and the Sunnah in terms of their level of clarity and in terms of that which is not apparent (obvious or completely clear).
- Dalalat ul-Alfaazh in respect to the meanings like the Dalaalat ul- ‘Ibaarah, Dalaalat ul-Ishaarah and Al Mafhoom Al-Mukhaalafah.
- Dalaalat Al-Alfaazh from the perspective of their comprehensiveness like the ‘Aamm (general) and the Khaass (specific) and the Mutlaq (unrestricted) and the Muqayyad (restricted).
- The Seeghah (form) indicative of the Takleef (legal responsibility): This is like the Seeghat Al-Amr (command form) and what it indicates and the Seeghat An-Nahi (forbidding form) and what it indicates.
4) Al-Ijtihaad and At-Taqleed:
Al-Ijtihaad: Its meaning, conditions, its categories (Aqsaam) and its Ahkaam.
- At-Taqleed: Its meaning, its Hukm and its types.
- At-Ta’aadul and At-Taraajeeh: Their meanings and how to utilise them when dealing with the texts.