8 Week

th

FIQH
&
USUL AL FIQH

Instructor: Ms. Hina Rasheed

WHAT IS

FIQH
THE PROPHET (PEACE AND BLESSINGS BE UPON HIM)
SAID,

“WHOMEVER ALLAH WANTS GOOD FOR,

HE WILL GRANT HIM FIQH (DEEP
UNDERSTANDING) OF THE RELIGION.”
(SAHIH BUKHARI )
WHAT IS

USUL-FIQH
 USUL/USOOL
USOOL IS DERIVED FROM THE ROOT
WORD ASL (USUL IS PLURAL OF ASL)
WHICH REFERS TO THE BASES OR
ROOTS (PRINCIPLES OR RULES) OF
ISLAMIC LAW.
 FIQH

FIQH LINGUISTICALLY REFERS TO

KNOWLEDGE, DEEP UNDERSTANDING OR
COMPREHENSION.
 FIQH
TECHNICALY, FIQH HAS BEEN DERIVED IN
VARIOUS WAYS BY DIFFERENT SCHOLARS OF
SCHOOLS OF LAW, BUT THERE IS ONE DEFINITION
WHICH IS COMMON TO ALL.
“FIQH IS THE KNOWLEDGE OF THE PRACTICAL
LAWS OF SHARIAH THAT ARE DERIVED AND
DEDUCED AND ACQUIRED FROM THE DETAILED
EVIDENCE IN THE SOURCES AND THUS, IT IS THE
KNOWLEDGE OF FUNDAMENTALS OF ISLAMIC
LAW”.
 WHAT IS
ISLAMIC
JURISPRUDENCE
 ISLAMIC JURISPRUDENCE
The word jurisprudence is derived from a Latin
maxim as referred 'jurisprudentia'.It is a
combination of two words 'juris' which means 'law'
and 'prudence' which means 'knowledge' or 'skill'.
Therefore Islamic jurisprudence is the study,
knowledge, skill and theory of Islamic law.
Jurisprudence includes principles behind law that
make the law.
WHAT IS
SHARIAH
 SHARIAH
• SHARĪAʿ LITERALLY MEANS PATH AND HAS
BEEN COMMONLY USED IN REFERENCE TO ‘A
PROPHETIC RELIGION.
• IN THE ISLAMIC TRADITION, SHARĪAʿ
ENCOMPASSES THE MUSLIM APPROACH OR
PATH TO A PIOUS AND ISLAMIC COMPLIANT
LIFE, WHICH INCLUDES BUT IS NOT SOLELY
LIMITED TO LEGAL MATTERS.
 MAIN DIFFERENCE
FIQH, IS THE LAW ITSELF WHEREAS USUL
AL-FIQH (ISLAMIC JURISPRUDENCE) IS THE
METHODOLOGY OF THE LAW.
THE TERM FIQH REFERS TO JURISTIC
EFFORTS AIMING AT COMING UP WITH
RULES THAT ARE COMPLIANT WITH
SHARĪA.
 LEGAL
DEFINITION
ISLAMIC JURISPRUDENCE CAN BE DEFINED

IMAM IBN AL HAJIB IN HIS BOOK “MUKHTASAR AL-MUNTAHA”,

STATES AS
“THESE ARE THE PRINCIPLES BY THE USE OF WHICH THE
MUJTAHID(JURIST) DERIVES THE LEGAL RULES OF CONDUCT
FROM THE SPECIFIC EVIDENCES”
THIS DEFINITION EXPLORES THAT ISLAMIC JURISPRUDENCE IS A
BODY OF PRINCIPLES OF INTERPRETATION BY THE HELP OF
WHICH THE MUJTAHID IS ABLE TO DERIVE THE LAW FROM THE
DETAILED EVIDENCES IN THE QURAN, THE SUNNAH , IJMA AND
QIYAS.
ISLAMIC JURISPRUDENCE CAN BE DEFINED

IMAM IBN AL HAJIB IN HIS BOOK “MUKHTASAR AL-MUNTAHA”,

STATES AS
“THEY ARE THE PRINCIPLES BY THE USE OF WHICH THE
MUJTAHID(JURIST) DERIVES THE LEGAL RULES OF CONDUCT
FROM THE SPECIFIC EVIDENCES”
THIS DEFINITION EXPLORES THAT ISLAMIC JURISPRUDENCE IS A
BODY OF PRINCIPLES OF INTERPRETATION BY THE HELP OF
WHICH THE MUJTAHID IS ABLE TO DERIVE THE LAW FROM THE
DETAILED EVIDENCES IN THE QURAN, THE SUNNAH , IJMA AND
QIYAS.
ISLAMIC JURISPRUDENCE CAN BE DEFINED

IMRAN AHSAN NYAZEE DESCRIBES IN HIS BOOK

“ISLAMIC JURISPRUDENCE” AS
“THE DISCIPLINE IMPARTING A KNOWLEDGE OF THE
SOURCES AND PRINCIPLES OF INTERPRETATION AND OF
LEGAL REASONING THAT HELPS THE JURIST ARRIVE AT
THE LEGAL RULES OF CONDUCT” ISLAMIC
JURISPRUDENCE MAY BE DEFINED AS “SCIENCE OF
BASIC PRINCIPLES OF ISLAMIC LAW”
 “MUHAMMADAN
JURISPRUDENCE”
MUHAMMADAN
LAW

“ISLAMIC LAW”
COMMON SOURCES
OF ISLAMIC LAW
COMMON SOURCES OF ISLAMIC LAW

Quran

Hadith

LA IC Ijma
AM
W
ISL

Qiyas
QURAN
 HADITH
THE SECOND PRIMARY SOURCE IS SUNNAH OR HADITH. THE
ETYMOLOGY OF THE WORD PORTRAYS THIS
SOURCE AS ‘PROPHETIC TRADITIONS’ WHICH CAN BE CLASSIFIED
INTO 3 CATEGORIES: QAWL (THE SAYING OFTHE PROPHET), FA’L
(THE DAILY ACTIONS AND PRACTICES OF THE PROPHET) AND
IQRAR (TACIT APPROVAL, DISAPPROVAL OR SILENCE OF
THE PROPHET). HENCE, THIS RESPECTIVE SOURCE REVOLVES
AROUND THE LIFEOF THE LAST MESSENGER OF ALLAH WHICH
HAS ALSO OBTAINED SUPPORT FROM THE SUPREME SOURCE-
QURAN:
‘HE WHO OBEYS THE MESSENGER HAS OBEYED ALLAH.(SURAH
AN-NISA).
 IJMAH

UNANIMOUS AGREEMENT OF THE COMMUNITY AND

SCHOLARS ON MATTERS WHERE THE PRIMARY
SOURCES ARE SILENT.
THERE ARE 3 REQUIREMENTS OF IJMA:
1. FIRSTLY, A CONTEMPORANEOUS OPINION SHOULD BE
ENSURED THROUGH A NUMBER OF MUJTAHIDUN;
2. SECONDLY, UNANIMITY IS REQUIRED AMONG THE
SCHOLARS AND
3. THIRDLY, AGREEMENT SHALL BE REPRESENTED BY
AN EXPRESSED OPINION.
 QIYAS
QIYAS IS THE FOURTH RECOGNIZED SOURCE OF
ISLAMIC LAW. HOWEVER, SOME CONSIDER IT TO BE
A TOOL OF EXTRACTING THE LEGAL RULINGS INSTEAD
OF SOURCE.
IT IS A METHOD THROUGH WHICH A JURIST/MUJTAHID
ARRIVES AT A LEGAL PRINCIPLE BY DRAWING
DIFFERENCES AND SIMILARITIES IN THE PREVIOUS
RULINGS.
THERE ARE 4 CONDITIONS OF QIYAS: THE LOCATING OF
AN ORIGINAL CASE; THE STANDING OF A NEW CASE;
THE PRESENCE OF AN EFFECTIVE CAUSE AND A RULE.
 FIELDS OF
JURISPRUDENCE
 DIFFERENT FIELDS
• ISLAMIC ECONOMICAL JURISPRUDENCE
• ISLAMIC POLITICAL JURISPRUDENCE
• ISLAMIC MARITAL JURISPRUDENCE
• ISLAMIC CRIMINAL JURISPRUDENCE
• ISLAMIC ETIQUETTICAL JURISPRUDENCE
• ISLAMIC THEOLOGICAL JURISPRUDENCE
• ISLAMIC HYGIENICAL JURISPRUDENCE
• ISLAMIC MILITARY JURISPRUDENCE
HISTORY OF THE
GROWTH OF THE
MUSLIM LEGAL
SYSTEM:
• We can divide the whole development of Islamic law during the past 1500 years
into five periods.
• The first period begins from the date when the Prophet Muhammad (PBUH) was
inspired by the first revelation and terminates with the end of Prophetic career.
• The second period starts with the period of the first Caliph and covers the reign of four
Caliphs.
• The third period marks the beginning of the four Sunni schools of thought and then
• The fourth period begins where the period of Sunni schools of thought ends.
• The fifth and final period starts with the twentieth century and is going on till today.
GROUP STUDY
TASK
15 MINUTES
1) LEGISLATIVE
PERIOD
 2)
INTERPRETATION
PERIOD
3) SCIENTIFIC
PERIOD
4) PERIOD OF
TAQLEED
 5) PERIOD OF
RENAISSANCE
GROUP STUDY
TASK
15 MINUTES
 VARIOUS
SCHOOLS OF
ISLAMIC LAW
 HANFI SCHOOL OF LAW
MALAKI SCHOOL OF LAW
SHAFAI SCHOOL OF LAW
HANBALI SCHOOL OF LAW
JAFFRIA SCHOOL OF LAW