This module aims to deliver a comprehensive understanding of the roots of law (fiqh). The body of principles and investigative methodologies through which practical legal rules are developed from the foundational sources. The primary base of law is the Quran. The second source is the Sunnah, reports about the sayings, actions or tacit approvals of the Prophet. The third source is the consensus (ijma) of all Muslim interpretive scholars in a specific age on a legal rule about an issue not covered in the Quran or Sunnah. Most Sunni scholars consider consensus binding; others, including Shii scholars, say such consensus is impossible. The fourth source is analogy (qiyas), or rule by precedent. Some Hanafis, such as Ibn Abidin and Maliki jurists, consider urf (custom) to be an additional source of law. In addition to these basic sources, several presumptions and principles aid the jurist in deriving interpretive rules: preference (istihsan), unregulated interest (maslahah mursalah), and the presumption of continuity (istishab). This field is also concerned with hermeneutic and deductive principles.
About the Texts:
The books serve as a primer on basics of Usul al-Fiqh with regards to what it encompasses, the rules for interpreting Quran and Sunnah and tools that are available for mujtahids to utilise in their interpretation of sacred texts and deducing rulings.
Upon successful completion of this level, students will be able to:
- Obtain adequate knowledge of the sources of Shari’ah that regulate a Mukallaf (legally responsible person)
- Apply traditional usul al-fiqh to the modern era
- Demonstrate proficiency in the understanding of the methodology of Islamic lawmaking
- Understand the origins of the differences in the schools of Islamic law
- Usul ul-Fiqh Foundation Level