Introduction to Islamic Jurisprudence
The foundations of Islamic Jurisprudence / Islamic Law originated over 1400 years ago. Islamic Jurisprudence aggregate of two words: “Islamic” and “Jurisprudence”. Islamic mean “Islam” and Jurisprudence mean “Understanding of Law, Philosophy of law science of law.” So, the Islamic Jurisprudence mean “Understanding of Islamic Law”.
In Technically sense, Islamic Jurisprudence mean branch of knowledge which defines the basis source of Islamic law and explain the methodology of interpretation of these sources. In Arabic the term “Usul-ul-Fiqh” is considered similar to Islamic Jurisprudence.
What is Usul-ul-Fiqh /Islamic Jurisprudence?
Usul-ul-Fiqh is composed of two terms, “Fiqh and Usul. First we should know the definition of these constituent part, the jurists combine the two parts, in final definition. So, first the term Fiqh.
The Literal Meaning of Fiqh.
The term Fiqh is used in the literal sense to mean “understanding” and “discernment.”. In this sense “Fiqh” and “Fahm” are synonymous. In General, it means an understanding of Islam.
The meaning reflected in the word of the holy Prophet (P.B.U.H):
من یرداللہ بہ خیرا یفقھہ فی الدین
He for whom Allah wills his blessings is granted the understanding of Din/Islam.
Earlier General Meaning of Fiqh.
The word “Ilm” (Knowledge) also has the same literal meaning as fiqh. Ilm “the knowledge that comes through reports,” that is ilm. But the term fiqh on the other hand in general meaning, fiqh used for a knowledge of law.
Definition of Fiqh according to Abu Hanifah
The definition is very wide and includes elements that are part of the subject of Kalam, like tenets of faith (aqaid)
معرفۃ النفس ما لھا وعلیھا
A person’s knowledge of his rights and duties.
Shafi’i definition of fiqh
The term fiqh was defined later by shafi’I jurists in very narrow technical sense.
العلم بالاحکام الشرعیۃ العلمیۃ المکتسبۃ من ادلتھا التفصلیۃ
It is knowledge of the shari’I ahkam (legal rules), pertaining to conduct, that have been derived from their specific evidence.
AL-Ghazali definition of Fiqh
عبارۃ عن العلم بالاحکام الشرعیۃ الثابتۃ لافعال المکلفین خاصۃ
An expression for the knowledge of legal rules established specifically for human conduct.
Imam Razi Definition of Fiqh
العلم بالاحکام الشرعیۃ، المستدل علی اعیانھا، بحث لا یعلم کونھا من الدین ضرورۃ
The knowledge of the legal rules, pertaining to conduct with reference to their sources, when this knowledge is not obtained by way necessity (in religion)
The Meaning of Asl
Asl is the singular of Usool. The literal meaning of the term asl is “something from which another thing originates.” Thus, the origin of a thing is its asl. That is the reason for translation the word asl as “root”. The term asl also mean “something upon which another thing is constructed.” And here asl give the meaning of “foundation.”
For the jurists, the term usul implies “a body of principles” that be use to interpret the texts. These principles of interpretation are formulated by the muslim jurists in the form of general propositions.
Definition of Usul ul Fiqh/Islamic Jurisprudence
ھی القواعد التی یتوصل بھا المجتھد الی الاحکام الشرعیۃ العملیۃ من الادلۃ التفصلیۃ
There are the principles by the use of which the mujtahid derives the legal rules of conduct from the specific evidences.
This definition states that the usul al fiqh are a body of principles of interpretation by the help of which the mujtahid is also to derive the law from the detailed evidences in the Quran, the sunnah, ijma, and qiyas.
Definition of usul al fiqh /Islamic Jurisprudence according to Al Razi
عبارۃ عن مجموع طرق الفقۃ علی السبیل الاجمال وکیفیۃ استدلال بھا و کیفیۃ حال المستدل بھا
It is an expression that includes all the path (evidences) leading to fiqh when these are considered in a board sense, and for the legal reasoning proceeding from these paths, as well as for the status (skill) of the person undertaking such reasoning.
Definition of usul al fiqh /Islamic Jurisprudence according to Al Ghazali
اصول الفقہ عبارۃ عن ادلۃ ھذاہ الاحکام، عن معرفۃ وجود دلاتھاعلی الاحکام من حیث الجملۃ لا من حیث تفصیل۔
Usul fiqh is an expression employed for the evidence of these legal rules and for a knowledge of the broad ways in which they reveal such rules, and not by way of a specific indication (for a specific rules)
Definition of Usul fiqh/Islamic Jurisprudence by Ahsan Khan Nyazee.
According to Imran Ahsan Khan Nyazee, Islamic Jurisprudence (Usul-ul-Fiqh) is a body of principles of interpretation by the help of which the mujtahid is able to derive the law from the detailed evidence in the Quran, Sunnah, Ijma and Qiyas.
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