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Usul al-Fiqh

Methodology of Islamic Jurisprudence

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).

At this time the Prayer becomes obligatory on the liable people. They must
perform it within this time segment. The following verse was revealed by God to
inform them about this ruling: “Establish the Prayer in conformity with its
conditions, from the declining of the sun to the darkness of the night....”408 In this
verse, God assigned the declining of the sun as a sign or a cause (sabab) for the
obligation of Prayer. This is evidence for the law which falls under the category
aḫkām wad'iyya.