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USUL FIQH 1

(PAGE 7-12)

NAME: MOHAMMAD HIDIR


BAHARUDIN
MATRIC NO: XXXXXXX
LECTURER’S NAME: DR. ZAID
MOHAMMAD

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Introduction of new printing

In the name of Allah the Most Merciful, Most Merciful

Praise to the Lord of the Worlds, peace and greetings for the great beloved Prophet
Muhammad p.b.u.h, his family and his companions as well.

This is the first release of a new printing of my book 'Summary of Principles of


Jurisprudence'. In this publication, I had added a new chapter entitled ‘Dispute on the Islamic
Sharia' which relate to the chapter taqlid and chapter ijtihad. With this addition, it became the
title of the fourth chapter of my book which reads as:

Chapter four:

Ijtihad, taqlid, and dispute in Islamic Sharia.

The first chapter for ijtihad, the second chapter for taqlid, and the third chapter for the
dipute.

Peace and greetings for the great beloved Prophet Muhammad p.b.u.h, his family and
companions.
.
All praise and gratitude for the Lord of the Worlds.

Abdul Karim Zaidan

Writer

Published on 11/10/2004

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Introduction of first printing

In the name of Allah the Most Merciful, Most Merciful

Praise to the Lord of the Worlds, peace and greetings for the great beloved Prophet
Muhammad p.b.u.h, his family and companions as well.

Islamic Sharia jurists truly blessed by Allah and they have created to us the knowledge
that is a huge benefit and no kind of all other nations, whether from the past or at present can
make such it which is the science of usul fiqh. As for the purpose of this invention and make it
clear, explaining its science, its branches and its meaning just because for Muslims to understand
al-Quran and As-Sunnah of the Prophet and to take legal rules and certified resources in line
with the methods and means of knowledge of the motion of fiqh. Before this two years I had
wrote this lecture for forth years students in Kuliyyah Law at Baghdad University. I have put all
of these in the book called 'Summary of Principles of Jurisprudence'. I was found in the previous
book of what a useful in corrective, supplementary lessons, decrease, addition and examples.
This is because in situation when people write they will not stop from writing something on that
day unless he or she will feel the shortage the next day. This is a huge amount of human
weakness, and only God Almighty who has perfect but most people do not know.

In addition that I feel should be in print before are the examples of legal jurisprudence of
hukum wad'i for the method proposed in connection with the interpretation of verses of the
Quran. This is because the method usuliyyah used as a benchmark to understand the Arabic
words and the accuracy of exegesis as well as knowledge of what is required of him as long as
the law was written in Arabic. It is the interest that require in the interpretation of the rules as we
will explain later.

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Finally, I hope that my work that is not how will delight our students to understand what
is required of the debate on this knowledge. I hope Allah will give me and them to work for
Syariah and to improve religion of Allah. Verily Allah heard the prayer and accepts it.

Baghdad on 9 Syawal 1396 H

22 October 1976 M

Writer

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Preliminary

1. Shariah law is taken from sources which are accepted by Islamic law and is not of
lust or the way that we want. But of a certain resolution determined by the mujtahid,
and provide guidance and rules in ways that must be followed to make ijtihad is
accepted and brought to the proper law of which we can follow.

2. Knowledge that gives meaning to investigate the sources of law with its arguments
and its position on istidlal. Besides that, it gives meaning to the terms of a
proposition, and laid out the legal guidelines and issue specific rules from those used
by the mujtahid when someone wants to know the laws from adillah at-tafsiliyah and
that is usul fiqh. Thus this knowledge as said by al-Allamah Ibn Khaldun: is the
biggest Islamic sciences and the most widely used and the most benefit.1

3. The real usul fiqh not excluded from what we explained, but al-usulliyyun explain the
definition and terminology based on luqban and isman of the special knowledge of
Islamic sciences and to give definition to the description of its meaning based on
murakkaban idofian that was built from the word 'usul' as 'mudhof' and 'al-fiqh' as
‘mudhofun ialih’.

The truth is: This method helps beginner students to find definition through the term
used by experts in this field and not to trouble them when referring to the scriptures.
This is our legacy to them is almost exactly in this syllabus. We give the definition of
'usul fiqh' guided 'murakkaban idhofiah' and then followed up with a definition based
on 'luqban' of specific knowledge that we will learn it.

1
‘Muqaddimah Ibnu Khaldun’-page 452.

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4. Definition of 'usul fiqh' guided 'murakkaban idhofiah'

The definition based on this term should be divided into juziyyah: usul, fiqh.

Usul: the plural of 'asal'. In terms of language: What is built on others either hissian or
aqlian. On the definition of scholars and how to use them, the word 'al-asal " give some
meanings:2

a) Ad-dalil: The original problem is said to be al-ijma’. In this meaning, ad-dalil was al-
ijma’. With this meaning it is said that usul fiqh is ad-dalil as al-fiqh constructed from
adillah aqliah.

b) Ar-rajih: For example they say the origin for al-kalam is ar-rajih. Ar-rajih in al-kalam is
brought to the fact that not majaz. They say again: al-Quran is the original attributed to
al-Qias. Ar-rajih is al-Qurtan.

c) Al-qaedah: it is said: the dead are required for their original emergency law that is
contrary to the general rule and they said again: the original al-fael is marfu' that is the
general rule that continues raf'u al-fael, and raf’u al-fael from qawaid an-nahu.

d) Al-mustashab: It is said the original is to escape from the responsibility that is istishab is
free of all responsibility to concern them except with a scythe thing to the contrary.

As for (al-fiqh) in terms of language: the science of things and understand them, but its
use in the al-Quran shows that the desired meaning is not merely knowledge but understanding,
and knowledge of the fine and see where people are talking.

Allah said: (They said: "O Shu` aib! Much of what Thou sayest we do not understand!) Hud-
91.

2
Al-Isnawi- in ‘Nihayah As-Sul Syarah Manhaj Al-Usul’-page 7, “At-Toif Al-Isyarat’ of Syekh Abdul Hamid bin
Muhammad Ali Quds on tashil at-turqat li nizom al-waraqat-page 8.

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Allah said: (But what has come to these people, that they fail to understand a single fact?) An-
Nisa’-78.

As for al-fiqh in terms of scholars: The science of Islamic laws derived from the practical
adillah tafsiliyah3 or the law itself.

Al-ahkam: Plural hukm, and the law is convicted of instructions to another, whether
positive or negative. For example: The sun rising or not rising, the water hot or not hot.

The required to al-ahkam here is: What is convicted of acts mukallaf either mandatory or
recommended or forbidden or disapproved or authentic or façade or invalid.4

The legal requirement is not to know all the science of Syariah to use the word al-fiqh.
Knowledge of fiqh is named as a part and of all is called al-fiqh. Faqihin is an expert named as
long as he is capable of producing legal.

Had specific al-ahkam as Sharia as evidence shows that it depends on which Islamic law
is taken from the principle or intermediate. It is not included in the definition of al-Ahkam al-
aqliyah example knowledge that kulli is greater than juz'i, one is a half of two and this nature is a
new thing. It does not include the ahkamu hissiyah known by the senses, and as we know that the
fire was burning. It does not include ahkamu by way of al-tajrubah like to know that the poison
killed. It does not include ahkamu wad'iah as 'kana waakhwatiha' is rafaq mubtada’ and nasab
khabar.

3
Al-Baidhowi on ‘Manhaj al-Usul’-page 22, and Al-Ihkam fi Usul al-Ahkam lil Aamadi chapter 1 page 7, Irsyadu
al-Fuhul lil Syaukani-page 3, li Thoifu al-Isyaratu-page 8.
4
‘Li Thoifu al-Isyaratu’-page 8, Mabahisu al-hukm li ustazina Muhammad Salam Madkur-page 5.

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Sharia law is required in order practical connection with the acts of mukallaf such as
prayer, trading, drinking and crime that is any of the religious and social, and not including any
relating to the belief that the law iqtiqadiyah as believe in Allah and the Day of Judgement and
do not include anything related to the moral law as resolved aqlaqiah is telling the truth and the
greed of cheating. This is not included in the science of al-fiqh, but science iqtiqadiyah including
in ilmu kalam or tauhid, the science of aqlaqiah including in ilmu tasawwuf or akhlak.

Sharia law required that this practice is taken from muktasabah postulates by means of
observation and take proposition.

As a consequence of these conditions is, indeed knowledge of God, the Prophet, and the
public against the law not included in the term fiqh and not as a man named faqihan. Allah is the
essence of science and knows the science of law and evidence. The Prophet’s knowledge derived
from revelation and public reasoning taken by taqlid and not by way of ijtihad.5

Adillah tafsiliyah: is adillah juz’iyah associated with each specific problem and based on
certain laws which are;

i. Allah said: (Prohibited to you [for marriage] are your Mothers) An-Nisa’-23.
This is proof of dalil tafsili that is dalil juz’i related to special problem of married
mothers who show a particular law that is illegal to marry your mothers.
ii. Allah said: (Nor come nigh to adultery: for it is a shameful (deed) and an evil, opening
the road (o other evils). Al-Isra’–32.

5 In conclusion here: If a muqlid know al-ahkamu asy-syariah with it dalil totally, still not known as faqihan. This is
because, according to al-usulliyyin: Those who have a capability of istinbab al-ahkam and reach from its dalil, either
he perform his ijtihad and istinbab al-ahkam, or he not performs his ijtihad or istinbab al-ahkam. So, al-faqih is who
make al-fiqh as his nature, which is a mujtahid. But there is a change in this meaning. The word al-fiqh covers on
fiqh problem either reaches by person from observation, from understanding of wording al-mujtahidin, or from al-
taqlid. For those who can solve the problem by using this method will known as faqihan. This is a new meaning
spread among ahli fiqh but not al-usuliyyin. (Muzakkaratu fi Tarikh al-Fiqh) from Syaikhuna Farju al-Sanahwari-
page 4.

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is dalil juz’i for the particular problem of adultery and showed him that a certain law of
adultery illegal.
iii. Allah said: (Against them make ready your strength to the utmost of your power,
including steeds of war). Al-Anfal-60.
is dalil juz’i or fcertain problems related to the power supply through the congregation
and shows of the special law must prepare a congregation for strength against the enemy.
iv. Prophet s.a.w. said: (Accidental sizes). Is dalil juz’i for special problems relating to the
intentional murder and showed qisas is a compulsory law.

v. Consensus that the legacy of ancestors is 1 / 6 is dalil juzi for a specific problem that is
showing its legal heritage of grandmother and the shows that it is required to provide for
grandmother 1/6.

So adillah tafsiliah is: the show of law for each problem and issue of debate al-faqih to
know the law for the next issue. It depends on ilmu al-Usul that the proposal has been outlined in
the rules of istinbad and manhaj istidlal. Al-Usuli did not debate in this adillah, but they are
debating in adillah ijmaliah that is kulliah to know what is in hukum kuliah to be used by al-
faqih to adillah juziyyah until know syariah law.