General Rules of Jurisprudence Lesson 1 Introduction

The book for this course دروس تمهيدية في القواعد الفقهية الجزئين أية الله الشيخ باقر الأيرواني Introductory lessons (of Howza) In the General Rules of Jurisprudence (ALQAWA-ED ALFIQHIYA) Part one and two Ayatollah Sh. Baqir Alerawani

Preface: These are lectures prepared from the course text book and not word to word translation. We have also used some concepts from other books such as the book of Sh. Nasir Makarim and Syed Mostafawi. This course will focus on the General rule (QAA-EDAH), its source and its implementation. This course will be in 40 lectures.

Sh. Baqir: The Howza study researches focus on two main points: 1.Accuracy 2.Depth We will try our best to observe these two points in our research. The importance of learning QAWAED: We as Muslims are obliged to submit our actions according to the will of Allah (Swt), and since all our actions are governed by laws of jurisprudence, it becomes an obligation on us to study the Jurisprudence (Fiqh), and these laws are of two types, General laws and specific laws. This course will focus on understanding the General laws or rules of jurisprudence. From this we can understand how important it is to study this course.

Definition: QAWAED: is plural of QAEDAH, which means base or general rule or general law. This QAEDAH or general rule could be a grammatical, of mathematical or logical or in any science. FIQHIYA: means related to Fiqh or Jurisprudence. ALQAWAED ALFIQHIYA: General rules of Jurisprudence. These are General rules which cam be implemented in many specific areas.

Example: The Rule of Purity The rule of purity on doubt: When ever a person doubts that something is pure or not he can consider it pure, this can be implemented in various things, such as place or water, or cloth or book or body or…etc. So it is a general rule but can be implemented on various specific things. Other rules such as (LA TOAAD) no make up required, or the rule of liability on the usurped hand (DHAMAAN).

Confusion Many students get confused this science with the USOOL AL Fiqh (Principles of Islamic Jurisprudence), The Jurisprudence laws, and the General rules of Jurisprudence. To explain the difference we will describe each and compare.

USOOL ALFIQH (Principles) 1.These are common elements or principles used to derive the law from its resources, these principles enter in the middle or the process of DEDUCTION or EJTIHAAD, and not the end product of the deduction or EJTIHAAD. 2.They are like catalyst or expeditors or some thing which enters the chemical reaction and comes out without being a part of the end product of the chemical reaction, or you can say the grinding stone which swallowed by the chicken. i.e. “narration of trusted is proof” 3.The one who uses these principles is a Jurist or a MOJTAHID, not a lay person, because these principles are used in the process of deduction. 4.These principles provide the proof ness or the authoritativeness to the specific elements used in the Process of EJTIHAAD. 5.These are tools (KOBRA USOOL) which are used in the process of EJTIHAAD or deduction of the Jurisprudence law from its resources. So the end product of the EJTIHAAD or the deduction is the laws of Jurisprudence, which could be specific or General rules (QAWAED)

The Jurisprudence law or rule: These are the end product of the process of EJTIHAAD or deduction. These can be implemented by every one, Jurist or non Jurist. (direct laws) The practical field of these laws is the implementation in the life of the responsible person and his actions. These rules can be divided into two categories: 1.SOGRA or specific laws for specific things, such is the rule which says “wine is impure or forbidden” this ruling or law cannot be implemented on things other than the wine. Or Salaat is invalid without the recitation of the chapter of opening. These are called MAS-ALAH or FATWA

2- General rules or KOBRA FIQH These are called QAWA-ED plural of QA-EDAH. As mentioned these end product of the process of EJTIHAAD (and do not enter in the middle of the process as USOOL). There are two types of these general rules: A- Suitable for various chapters of Jurisprudence, (we can say General General rules) such as : “There should be no harm in the duties of Muslim” so this can be implemented in the chapter of fasting, prayer, food, drink,…., so this rule is general and it is implemented more in general chapters of Jurisprudence.

B- General for specific chapters These are also general rules but can only be implemented in specific chapters of the Jurisprudence. (we can say Specific of Generals or Specific General), such as the rule which says: No repeat of salaat is required except in 5 cases,..” This rule is general can be implemented in any Salaat, obligatory or recommended, daily or circumstantial Salaat, it is general for any Salaat, but it is specific for the chapter of Salaat only.

History of this science: This science (QAWA-ED) was not an independent science, these general rules were previously studied either in USOOL Fiqh or either in the Jurisprudence, but Sh. Mohammad Makki ALamoli (author of LOMAA) was the first to separate this science, and wrote a book titled ALQAWQ-ED and FAW-ED, this book included the General Rules of Jurisprudence, and some other educational benefits, that is why he named FAWAED means benefits. Before more importance was given to USOOL ALFIQH but recently there are scholars who started to do deep researches in the subject of QAWAED. The later was rarely taught as an independent science. The three contemporary scholars who in this field are: Syed Bojnawardi, Sh. Nasir Makarim, and Syed Mostafawi. We might include some of their thoughts in our study.

Point of agreement and difference Between USOOL and QAWAED. Point of agreement: Both are KOBRA general. Point of difference: USOOL (Principle) are used in the middle of the process of deduction or EJTIHAAD. QAWA-ED (Rules) are end product of EJTIHAAD or deduction used in practical life.