This short book will provide a brief history of the development and codification of Uṣūl al-Fiqh. It will examine the primary and secondary sources of Islamic Law, legal rulings, how they are derived and function, as well as a brief overview of the rules of interpretation. The main objective of this booklet is to introduce readers to the study of Uṣūl as well as create a deeper sense of appreciation for fiqh.
This book deals with the sources of Islamic jurisprudence and their importance in deducing the religious rulings. It covers the concept of ijtihād (independent reasoning), its conditions and application and illustrates why it is a practice for experts rather than laymen. It also explains the differences in the levels of expertise of the mujtahids. In fact, there are seven distinct classifications of mujtahid. The book also covers the communication of God as Lawgiver with regard to the conduct of liable persons. It details the difference in probative value of communication based on the extent to which it binds an individual be it absolutely binding, a recommendation or mere permissibility. The reader will be able to understand the difference between fiqh (law) and Usūl al-Fiqh (methodology of law). Fiqh is the law itself whereas Usūl al-Fiqh is the methodology utilized to extract the law. The relationship between the two disciplines resembles that of the rules of grammar to a language, or of logic to philosophy. Usūl al-Fiqh in this sense provides the standard criteria for the correct deduction of the rulings of fiqh from the sources of Shari’ah (the Qur’an and Sunnah).
This book is about qawa`id fiqhiyyah, which are sometimes referred to as legal maxims. In reality, the qawa`id play a much wider and more effective role as compared to legal maxims. Islamic law is all about principles and rules; it has been so from the day of its birth. The reason is that principles and rules were laid down by the Qur'an and the Sunnah. The relationship between the disciplines of usul al-fiqh and qawa`id fiqhiyyah is like the relationship between the two arms of the human body; they cooperate with each other to yield the rules of fiqh. This vital relationship has been kept concealed by separating the two disciplines and by severing the bond between them. This book attempts to uncover this relationship, and to restore the bond. Understanding this relationship will enhance understanding of the discipline of usul al-fiqh as well.
Due to the intellectual decline that befell the Muslim Ummah during the last few centuries various confusions exist today regarding Islamic jurisprudence (Fiqh). Most of these relate to misunderstanding subjects related to the principles and foundations of jurisprudence (Usul al-Fiqh). Different extremes exist today where some Muslims look at evidences from the Qur'an and Sunnah and attempt to interpret them without having the necessary framework to extract the correct meanings. Whilst others disregard the Shari'ah evidences altogether, utilising their own logic rather than the revelation and some who believe that the doors of Ijtihad are closed.This book aims to clarify key subjects that establish the framework of Islamic juristic thinking such as: - Understanding the key terminology of Usul including Daleel, Shari'ah and Fiqh.- The definitive sources of Shari'ah - the Qur'an, Sunnah, Ijma' as-Sahabah & Qiyas.- Sources of Shari'ah not agreed upon by all Ulema (scholars) - Ijma' al-Ummah, Maslaha al Mursalah, Istihsan, laws revealed before Islam and others.- Ijtihad, the Mujtahid & Taqleed.- An overview of the Islamic schools of thought.Most of the books written on this subject in English have been written for academic purposes and rather than for the normal reader. This 243 page paperback book has been written in a clear simple style understandable to the average reader. Abu Ismael al-Beirawi has ammended the original book 'Studies in Usul al-Fiqh' written by Abu Tariq Hilal. He slightly restructured the book so that the definitive sources of law are discussed before those upon which there is disagreement amongst the scholars. The chapters on the Quran, Qiyas, Ijtihad and Taqleed were brief in the original. He has added to these and in some cases rewritten sections where elaboration was required. In this age of doubt and scepticism Abu Ismael felt it necessary to add some textual evidences and much needed references for some definitions and Ahadith. To distinguish this amended version from the original a new title has been given that keeps to the simplicity of the original.It is clear that in writing the original, Abu Tariq referred to Sheikh Taqiuddin an-Nabhani's (ra) masterpiece 'Shaksiyyah Islamiyyah' (The Islamic Personality). He has done the same, as well as referring to the excellent book 'Teyseer al wusool Ila al-Usul' (To make understanding Usul easy) by Sheikh Ata ibn Khalil Abu al-Rishta (May Allah protect him).
This third edition of the best-selling title Principles of Islamic Jurisprudence has been completely revised and substantially enlarged. In this work, Prof Kamali offers us the first detailed presentation available in English of the theory of Muslim law (usul al-fiqh). Often regarded as the most sophisticated of the traditional Islamic disciplines, Islamic Jurisprudence is concerned with the way in which the rituals and laws of religion are derived from the Qur'an and the Sunnah—the precedent of the Prophet. Written as a university textbook, Principles of Islamic Jurisprudence is distinguished by its clarity and readability; it is an essential reference work not only for students of Islamic law, but also for anyone with an interest in Muslim society or in issues of comparative Jurisprudence.
For centuries, Abu Shuja al-Asfahani's legal primer "Matn al-Ghayat wa-l-Taqrib" ("The Ultimate Conspectus") has been a standard text for introducing students of the Shafii school of Islamic law to the full range of basic legal issues. Students will often start their studies by reading it from a basic commentary with their instructor. Many students will read it again from more advanced commentaries as they progress in their mastery of the subject. This volume presents an amiable commentary that makes Abu Shuja's primer accessible to new students. It uses contemporary language and examples to help readers build a sound foundation in Islamic law. "The Accessible Conspectus" is a perfect companion to "The Ultimate Conspectus."
