Chapter Topics Q1: What is the literal meaning of Usul al-Fiqh? Q2: What is the technical meaning of Usul al-Fiqh? Q3: What is the difference between Usuli and Faqih?

The lexical meaning of Usul The lexical meaning of Asl (plural Usul): Something from which another thing originates [Root]. It also means, Something upon which another thing is constructed [Foundation]. In some cases asl is used in the sense of the word ‘Masdar’, which means [Source]. In the legal system of Islam, Fiqh is built upon and stems from the bases (Usul), which constitute its source-evidence.

Technical meaning of Asl The word Asl is used to mean Daleel: a guide leading a caravan. The use of the term Daleel conforms with the term Source. The word Asl is used to indicate the foundation upon which analogy maybe based, e.g.: Kham’rah (intoxication) is an asl or basis for the prohibition of the nabiz (beverages), from the same asl it can be extended do other such substances. Asl is used in the sense of the original rule.

The lexical meaning of Fiqh Fiqh means having knowledge in depth, deep understanding, or full comprehension. It has similar meanings to the word ‘Ilm (knowledge) and were used synonymously during the time of the Prophet (peace be upon him), but were separated later to imply different things. Fiqh implies an ‘understanding’ of Islam in a general way or what a person is likely to conclude from obvious set of evidences.

The technical meaning of Fiqh Technically Fiqh is defined as: the Knowledge of the practical rules of Shari’ah that have been acquired from the detailed evidences. Fiqh consist of either: [1] Issues [masaa‘il] concerning which the ruling by one of the five rulings is sought. Or [2] Evidence [dalaa‘il] employed in extracting and determining these masaa‘il (issues). So, Fiqh is actually knowledge of the Masaa‘il [issues] and the Dalaa‘il [evidences].

The technical meaning of Usul Fiqh: Knowledge or science of those rules, which directly or indirectly lead to the science of Fiqh. They are the principles by the use of which the Mujtahid arrives at the legal rules through the specific evidences.

Usuli and Faqih Usooli (jurist); the one who knows the sources and evidences behind rulings. For example, he knows why it’s wajib to pray five times a day. Faqih: the one who understands the rulings of Fiqh. For example he knows it’s wajib to pray five times a day.

Notes on Chapter 1 Islamic Shari’ah is the textual law. Islamic Shari’ah comprises the Nusus (texts) of the Holy Qur’an and the Purified Sunnah. Fiqh is the derivative law. Fiqh comprises the understanding of the Nusus by Jurists.

Notes on Chapter 1 The scope of the Shari’ah comprises the following: Beliefs (Aqeedah). Acts of worship (Ibadat). Civil and social transactions (Mu’amalat). Ethics (Akh’laq). The scope of the Fiqh comprises only acts of worship and social transactions.

Notes on Chapter 1 Hence there might be no disagreement in Islamic shari’ah, whereas there is disagreement in fiqh, since it has been derived by the Jurists. Usul al-Fiqh is the branch of knowledge which comprises rules and regulations for deriving laws from shari’ah.

Questions Can you please give literal meaning of Asl? What is the difference between a literal and a technical meaning? Please examples. Who is a Faqhi? Can you mention names of A faqhi from each of the four Madhaib (schools of thought)? In your own words, explain what Usul Fiqh means? Who is Usuli?

Questions What is the purpose of Usul al-Fiqh? Why was it necessary to develop sciences of Islam such as Usul al-fiqh? Can you name a book on Usul al-fiqh? What is the difference between comprehensive daleel and detailed daleel?