Intro: Usul al-fiqh Flashcards
Usul al - fiqh
Pronounce without ‘al’
Methodology of deriving legal rulings from Islamic primary legal sources
Fiqh
Process of actually deriving legal rulings using methods of Usul al - fiqh
Syariah
Divine law; allegedly passed down directly from Allah
Mufti
Islamic religious leader
Al-Quran
First source of Islamic law; literally means recitation
Continuous testimony (Mutawatir)
PM revealed to a large audience in a single setting, then the audience tasked to spread message to wider audience.
Based on the reasoning that if a very large number of people agreed something is true, it is most likely to be true.
Distinct characteristics of the Quran
- Word of Allah
- Revealed in Arabic
- Cannot be imitated
- Comprehensive
- Transmitted via continuous testimony
Graduality
Quran revealed gradually in order of importance, from theology to matters of less urgency
Mecca; Medina
Revealed in way that suits the times and fits the situation
Reasons for graduality
- Illiteracy; difficulty understanding
- Reduce hardship
- Easier to memorise
- Spiritual strength
Reporters
Individuals narrating their account of events of the Hadith
Hadith
M’s words
Sunnah
M’s words in conjunction with his actions and approved practices
Surah
Chapter
Ayat
Verse
Number of surah in Al - Quran
114
Primary sources
- Quran
- Sunnah
- Ijma
- Qiyas
Types of Quranic Legislation
Depending on purpose
- Qati’e v Zanni
- Wajib, sunat, harus, makruh, haram.
- Ta’lil
- L’jaz
- Asbab al nuzul
Quati’e
Clear and well-defined;
legal ruling has only one meaning.
Application is literal and absolute
Absolute - no exceptions
Zann
Unclear and speculative;
legal ruling open to multiple interpretations.
Requires interpretation of expert
Ta’lil
Ratiocination in Islamic law; different from Western meaning.
- Studies the justifications, cause and divine purpose of an Islamic legal ruling
L’jaz
Impossible to imitate;
refers to the inimitability of the Quran
Asbab al nuzul
Means “Occasion of Revelation”. Historial context of circumstances when Quranic verses were revealed.
Situations where Quranic verses were revealed
- addressed specific issue
- answered questions raised by Muslims of the time
Naskh
Means abrogation;
repealing or phasing out of legal ruling.
“al ijmal wal tafsil”
Roughly means “concise and detail” or “brevity & concise”.
Refers to:
* General guidelines
* Specific guidelines that can be changed only in certain circumstances
