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Fiqh,Usool e Fiqh & Sources of Islamic
Linguistically, Fiqh implies having knowledge in depth. As a
juristic term, Fiqh has two meanings: A. Having the knowledge
of the rulings of Shariah (Islamic Law) which are extracted from
the legislative sources. 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. B. All the Islamic laws.
This definition is synonymous to the term Shariah.
USUL AL FIQH
Usul al Fiqh is the collection of principles pertaining to the
methodology for the extraction of Fiqh. The concept of Usul al
Fiqh is comparable to adhering to the methodology when
conducting a scientific experiment. Similarly, adhering to the
methodology in deriving Fiqh (rulings) is referred to as Usul al
Fiqh. This methodology provides a way for a person to derive
Islamic rulings from the legislative sources in Islam. The
collection of principles related to Usul al Fiqh are many.
The Sources Of Islamic Law ( Fiqh)
Adopting specific sources to derive laws is a major subject in
Usul al Fiqh. The Qur’an, Sunnah, Ijma as Sahabah (consensus of
the Companions) and Qiyas (analogical deduction) are four
sources in Islam which are accepted by almost all of the scholars.
However, there are other additional sources such as Maslaha al
Mursalah (benefit) or Ijma al Ummah (consensus of the
Ummah) which are not widely accepted.
types of sources of Islamic jurisprudence.
The first and the most authentic source of knowledge About Allah’s commands is Allah’s Book i.e. The
Holy Quran. The Holy Quran is the last divine book of Allah Almighty which was revealed upon the last
Holy Prophet Hazrat Muhammad (S.A.W) during the period of 23 years gradually and according to
needs and demands arising time to time. This is very noble and sacred book containing a message of
guidance covering all aspect of human life. It is preserved in its complete and comprehensive form.
Being the students of commerce and business management this Holy Book provides us, basic principles
of over worships and transactions.
For example: the basic guiding principles laid down in the Holy Quran:
Permission to use lawful things and prohibited of unlawful things.
All transaction must be put into writing.
Proscription of usury and gambling.
zTrade with mutual consent on contractual basic is lawful.
Obligation to pay Zakat (poor’s due).
The law of inheritance and several other rules are discus in The Holy Quran.
These basic principles are unalterable and absolute.
Sunnah, linguistically, means a path or a way. Sunnah refers to
all that is narrated from the Prophet (SAW), his acts, his sayings,
whatever he has tacitly approved, and all the reports which
describe his physical attributes and character
TYPES OF SUNNAH
A. Qawli (verbal): consists of the sayings of the Prophet (SAW) on any
subject. Example: “He who
cheats is not one of us”.
B. Taqiri (Approval): consists of the approval of the Prophet (SAW). If
something was done in front of him (SAW) and he (SAW) didn’t approve of it,
then it is considered an approval. As an example, the Prophet (SAW)
approved the way women prayed in the mosque, separate from the men, but
in the same room.
C. Faili (Actions) consists of the Prophet (SAW)’s deeds and practices, such
as the way he (SAW) used to pray or perform Hajj. The following paragraphs
address the actions of the Prophet (SAW) and their legislative impact. The
actions of the
TYPES OF SUNNAH
Messenger (SAW) can be divided into three parts. The first
section consists of those actions which were natural to him as a
human being, secondly, actions which were specific to him as a
Prophet (SAW), and thirdly, actions which carry legislative
Ijma’ literally means to resolve, to do something and to agree upon somethimg.
According to the terminology 0f the legal theorists ijmah(consensus) has been
define as “ agreement of the Mujtahids(independent legal thinkers) from among
the community of Muhammad(PBUH) after His death in a certain period of time
on a rule of Shariah.
Examples of Ijma :
The 20 rakat of Tarawwih salah that is prayed in Ramadan from the 1st of
Ramadan until the last day of Ramadan every day, and which is prayed after Isha
Salah and in which the whole Quran is recited. This was the Ijma of the
Shaba(R.A) during the time of Omar(R.A), this is carried right from the time of
Umar(R.A) until today in both Makah and Medina the tarawihh is prayed 20 rakat
as part of Ijma of sahaba and also as the Sunnah of Umar(R.A).
The linguistic meaning of Qiyas is measurement. As a juristic
term Qiyas is the extension of a Sharia ruling from an original
case to a new case because of the equivalence of the causes
underlying them (Illa).
“O you who have attained faith! When the call to prayer is sounded on the day of
congregation(Friday), hasten to the remembrance of Allah, and leave all worldly
commerce: this is for your own good, if you but knew it. And when the prayer is
ended, disperse freely on Earth and seek to obtain Allah’s bounty; but remember
Allah often, so that you might attain to a happy state!” (TMQ al-Jummah: 9-10)
The Ayah mentions that, when the call to prayer is given, one should disengage from all
worldly commerce. The Ayah doesn’t mention to stop such acts as eating, resting, or
anything else other than conducting business. The Ayah mentions that when the prayer is
over, disperse and seek Allah’s bounty. This means that there is a reason to leave the
commerce, being that if we do not, then we will be preoccupied and will forget the prayer.
The application of Qiyas for this example would be for any other activity besides commerce.
This is because the Illah (missing the Jummah prayer) occurs due to these activities as well.
Therefore, working, playing, eating etc are prohibited in the time of Juma’a because all of
these activities prevent Muslims from performing the Juma’a prayer.