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Unformatted text preview: Irshad, P. 3.] The knowledge of the rules of fiqh, in other words, must be acquired directly from the sources, a requirement which implies that the faqih must be in contact with the sources of fiqh. Consequently a person who learns the fiqh in isolation from its sources is not a faqih. [Cf. Abu Zahrah, Usul, p. 6] The faqih must know not only the rule that misappropriating the property of others is forbidden but also the detailed evidence for it in the source, that is, the Quranic ayah (2:188) which provides: 'Devour not each other's property in defiance of the law.' This is the detailed evidence, as opposed to saying merely that 'theft is forbidden in the Qur'an'. Principles of Islamic Jurisprudence ~ Kamali 12 Knowledge of the rules of interpretation is essential to the proper understanding of a legal text. Unless the text of the Quran or the Sunnah is correctly understood, no rules can be deduced from it, especially in cases where the text in question is not self-evident. Hence rules by which one is to distinguish a speculative text from the definitive, the manifest (zahir) from the explicit (nass), the general ('aam) from the specific (khaas), the literal (haqiqi) from the metaphorical (majazi) etc., and how to understand the implications (dalalat) of a given text are among the subjects which warrant attention in the study of usul al-fiqh. An adequate grasp of the methodology and rules of interpretation also ensures the proper use of human reasoning in a system of law which originates in divine revelation. For instance, analogy (qiyas) is an approved method of reasoning for the deduction of new rules from the sources of Shariah. How analogy should be constructed, what are its limits, and what authority would it command in conjunction, or in conflict, with the other recognized proofs are questions which are of primary concern to usul al-fiqh. Juristic preference, or istihsan, is another rationalist doctrine and a recognized proof of Islamic law. It consists essentially of giving preference to one of the many conceivable solutions to a particular problem. The choice of one or the other of these solutions is mainly determined by the jurist in the light of considerations of equity and fairness. Which of these solutions is to be preferred and why, and what are the limits of personal preference and opinion in a particular case, is largely a question of methodology and interpretation and therefore form part of the subject matter of usul al-fiqh. The principal objective of usul al-fiqh is to regulate ijtihad and to guide the jurist in his effort at deducing the law from its sources. The need for the methodology of usul al-fiqh became prominent when unqualified persons attempted to carry out ijtihad, and the risk of error and confusion in the development of Shari'ah became a source of anxiety for the ulema. The purpose of usul al-fiqh is to help the jurist to obtain an adequate knowledge of the sources of Shariah and of the methods of juristic deduction and inference. Usul al-fiqh also regulates the app...
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This note was uploaded on 04/13/2013 for the course ISLAM 101 taught by Professor Islam during the Spring '13 term at Harvey Mudd College.
- Spring '13