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Usulu l'Fikh Notes  

  

Usulu l'Fikh is the fundamentals of Fikh. Fikh in Arabic means understanding and in Shariyah it means understanding the rules of the Shariyah according to the statements in the Ayat and Hadith. Fikh is Shariyah, law, jurisprudence. Fikh is not Aqueedah. Without proper Usulu l'Fikh one cannot reach the correct Fikh.

Some of the subjects covered in Usulu l'Fikh are:

Ilm, knowledge, and it is of two types: Ilmu Dharuri, the necessary knowledge and Ilmu Nazhari, the observed knowledge. Ilmu Dharuri, necessary knowledge, is the knowledge that everyone is born with. it is to know big, small, hot and cold. With this Ilm everyone knows that there is a Creator. Around the world everyone worships a deity in one way or another no matter how isolated one may be. Ilmu Nazhari, the observed knowledge, is the knowledge that is obtained through learning, such as learning how to read and write.

Jahalah, ignorance, and it is of two types: Jahl Basit and Jahl Murakkab. Jahl Basit means simple ignorance and it pertains to a person not knowing something and acknowledging not to know about it. Jahl Murakkab, translated as ignorance that is mounted, is ignorance where a person doesn't know something and is incorrect about it but claims to know it and claims to be correct.

Lugah, language, and it is the subject of learning proper Arabic language.

Amr, Commandment, and it pertains to Allah Ta'Ala's and Rasulullah's Command Salallahu aleyhi wa Sallam. Everything in the Qur'an and Sunnah is a Commandment in essence.

Nahy, Restriction, and it pertains to the Restrictions made by Allah Ta'Ala and Rasulullah Salallahu aleyhi wa Sallam. Everything in the Qur'an and Sunnah is an Order in essence and a Restriction is an Order not to do Something.

Ahkamu Sharaiyah (The laws of Shariah) and they are five:

1. Fard or Wajib: it is what when done brings good deeds and when not done brings bad deeds.

2. Mandub: it is what when done brings good deeds and when not done does not brings bad deeds.

3. Mubah: it is what when done doesn't brings good deeds and when not done doesn't brings bad deeds.

4. Makruh: it is what when done does not bring bad deeds and when not done brings good deeds.

5. Haram: it is what when brings bad deeds and when not done brings good deeds.

Aam is a law that covers everyone.

Khas means special and it is a law that makes the Aam law limited to a particular situation or a particular group of people. For example sacrificing livestock is an Aam law. The mentioning of sacrificing the livestock during Hajj limits the Aam law of sacrificing the livestock in general to sacrificing it on Hajj.

Mutlaq, meaning without ties to something and it refers to a law that is not tied to anything restraining it. For example the law of freeing someone. I means to free anyone.

Muqayyid, means tied and it refers to a law tied by something. For example to free a believing person. Here the Mutlaq law of freeing any person is restrained by the person having to be a believer in order to be freed making the law Muqayyid.

Zhahir, means the outer viewed meaning of the Ayat and Hadith.

Muawwil means turned and it refers to taking the law of the Ayat and Hadith that is not the outer viewed, Zhahir meaning.

Tartibu l'Adillah, means the arrangement of evidence and refers to the arrangement of evidence from the Ayat and Hadith. Dalil in Arabic means evidence and the plural form is Adillah. According to the arrangement of evidence the strongest evidence is always taken first. An example of implementing this rule is to take the stronger Zhahir evidence before the Muawwil evidence. For example a Hadith talks about an issue regarding being Shaheed and it is understood from the Muawwil meaning of that Hadith that so and so is Shaheed cannot be said because we have no knowledge of that person's place in the Hereafter. Then there is another Hadith with the clear Zhahir meaning saying clearly "So and so is Shaheed cannot be said." according to the arrangement of evidence the Zhahir Hadith is supposed to be used as the primary evidence and the other as secondary.

Mantuk wa Mafhum means said and understood and refers to laws that are clearly stated and laws that are not stated as clearly as the Mantuk laws but are understood from what is stated.

Hakikah wa Mijaz means reality and metaphors. In the Qur'an and Sunnah there is no metaphor. Arabs to whom the Qur'an and Sunnah came didn't talk using metaphors. They did use words that originally mean other than what they are used for. For example Salah means Duaa. It's not metaphor when one says the word Salah, instead the true Salah is meant not a metaphoric meaning of a Duaa. Arabs call this way of expression Urf. Urf means something known to the people, a customary way of talking. Words used as Urf stand for something real, something that is reality, Hakikah, reality, not something metaphorical, Mijaz. Arab shepherds would feed sheep the fresh green grass that shows up after rain and would say Askeytu Matara, meaning I fed the rain. This wording is Urf and not a metaphor, people exactly know what is meant by that statement, the reality of it, the Hakikah of it. Mijaz, metaphor showed up among Muslims when the Mutezila showed up and introduced to Muslims Greek philosophy that includes metaphor. The Greek philosophy was written by statue worshipping Greeks who were also male chauvinists and had ways of Kawmu Lut spread among them. The Rum saw Greek books as pagan and useless blasphemy. When the Rum heard that Muslims translated an ancient Greek book about Medicine into Arabic, the Rum then they sent to Muslims three vessels full of Greek Philosophy books with the intention to corrupt the beliefs of the Muslims. Soon after that, influenced by Greek philosophy showed up. Influenced by Greek philosophy, the founder of the Mutazilah, Wasil bin Atta left the lessons of Hasanu l'Basri to what Hasanu l'Basri said Wasil left us "Ittezalana Wasil - Wasil left us." This is how the Mutazila began and this is how metaphor, Mijaz got introduced to Muslims.

Nasikh and Mansukh means abrogating and abrogated and refers to the Laws that Allah Ta'Ala sent us and later abrogated with newer laws. Tawrat and Injil are Mansukh while the Qur'an is Nasikh. Allah Ta'Ala has Removed Some Ayat in the Qur'an. Some of them still are still in the Qur'an, their Wording Stays but their laws are Mansukh. Some Ayaat Allah Ta'Ala Removed from the Qur'an but their law stayed; their law stays but their Wording is Removed. Some Ayat in the Qur'an Allah Ta'Ala Removed completely, both their Wording and law.

The law of an Ayah can be abrogated by the law of a later Ayah. This is called Qur'an by Qur'an Naskh.

The law of an Ayah can be abrogated by the law of a later Hadith. This is called Qur'an by Sunnah Naskh.

The law of a Hadith can be abrogated by the law of a later Ayah. This is called Sunnah by Qur'an Naskh.

The law of a Hadith can be abrogated by the law of a later Hadith. This is called Sunnah by Sunnah Naskh.

Kat'i Dalala refers to evidence with Ayat and Mutawatir Hadith. Mutawatir Hadith are few in number. Imam Ali bin Al Medini collected 355 Mutawatir Hadith in his book.

Dhanni Dalala refers to evidence with Ahad Hadith. Most of the Hadith are Ahad. Most of the Hadith in Bukhari and Muslim are Ahad. Evidence from the Dhanni Dalala is treated the same as evidence from Kat'i Dalala. No where did Rasulullah say anything about making a distinction between the Hadith reaching us by way of Ahad or Mutawatir transmissions. Besides that at the end of the chain of narration Rasulullah is one Rasul and then all the narrations are Ahad.

Ijmaa is the agreement of all the Ulema in Islam on how an issue should be addressed and that stands as law in Islamic jurisprudence that is applied the same way laws from the Ayat and Hadith are applied. After the Sahabah there is no more Ijmaa because no where after the Sahabah did Ulema meet together to decide on an issue.

Ijtihad is the process of making a legal decision and it is done first with the Qur'an and Sunnah , then with Ijmaa and lastly with Qiyas.

Taqlid means to copy and follow blindly without asking for proof of what one is learning. The person doing Taqlid is called Muqalid.

Taasub is to follow the Ijtihad of a scholar based on whims, nationalism and similar reasons. A scholars view by which he goes and continues his studies is called in Arabic Medhhab. There are over 52 Medhhabs among the scholars. In the last few hundred years Muslims made following one of four most popular Medhhabs law, which is not what the scholars wanted and is contradictory to what the scholars taught people. All of them said that following their Medhhabs blindly shouldn't be done and that a Muqalid is an ignorant person, Jahil, not in any way a scholar, Alim.

Taasub can be on three levels. The first at the very lowest level where a person blindly follows someone else in all aspects. The next level is when a person asks for evidence but still tends to follows the Alim he feels Taasub for. The third level is when the person agrees to follow the Alim with the strongest evidence but when the Ulema have equally strong arguments the person out of Taasub follows the Alim they feel Taasub for.

Qiyas in Arabic means measuring and in Shariyah there are different types of Qiyas of which only Qiyasu Jely is accepted. Qiyasu Jely is done using the Qur'an, Sunnah and Ijmaa where the difference between the evidence brought and the examined issue is negated.

The other three types of Qiyas are Qiyasu l'Khafy, Qiyasu s'Sabah and Qiyasu l'Aks.

Qiyasu l'Khafy is done using the Qur'an, Sunnah and Ijmaa but where the difference between the evidence brought and the examined issue cannot be negated because the concealed similarities between the two are not enough to negate the difference. Therefore Qiyasu l'Khafy is unacceptable.

Qiyasu s'Sabah is done using two similar original evidences from the Qur'an, Sunnah and Ijmaa and taking the similarity between them and applying it to the issue examined. This type of Qiyas is unacceptable because if two evidences are similar that doesn't make them similar to the issue being examined.

Qiyasu l'Aks is done using an original evidences from the Qur'an, Sunnah and Ijmaa opposite to the issue examined. Therefore if the evidence used is something Haram using this type of Qiyas it is claimed that the issue examined is Hala or vice versa. This type of Qiyas is unacceptable by Shariyah.

Mufti and Mustafti regards Fetwas. A Fetwa is a ruling brought by a scholar based on The Qur'an, Sunnah, Ijma, Qiyas. The scholar giving the Fetwa is called Mufti and the person asking for the Fewa is called a Mustafti. The Mufti has to have the required Adab (proper code of conduct) and knowledge and to be at rest while making the Fetwa. The Mustafti has to have Adab (proper conduct) and has to be looking for Truth and not asking for a Fetwa in order to start Fitna.

 

 

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