Methods of Religious Jurisprudence

== Usul al Fiqh ==
Usul al Fiqh is the collection of principles pertaining to the methodology for the extraction
of Fiqh. The concept of Usul al Fiqh is comparable to adhering to a methodology when
conducting a scientific experiment. Similarly, adhering to a methodology in deriving Fiqh
(rulings) is referred to as Usul al Fiqh. This methodology provides a way for a person to
derive Islamic rulings from the legislative sources in Islam.
The collection of principles related to Usul al Fiqh are many. A few examples of these
rules are discussed in the following section.
A. Legislative Sources
Adopting specific sources to derive laws is a major subject in Usul al Fiqh. The
Quran, Sunnah, Ijma as Sahabah (consensus of the companions), and Qiyas
(analogical deduction) are four sources in Islam, which are accepted by almost all
of the scholars. However, there are other additional sources such as Maslaha al
Mursalah (benefit) or Ijma al Ummah (consensus of the Ummah), which are not
widely accepted.
B. Arabic Language
Within the Arabic language, there are rules for understanding the structure of an
Ayah or Hadith. The rules of grammar in the Arabic language define the meaning
of the Ayah or Hadith. Therefore, understanding the rules of grammar and their
application is one use of the Arabic language in Usul al Fiqh.
C. Interpreting the text of Quran and Sunnah
Unless the text of the Quran and Sunnah is correctly understood, no ruling can
be deduced from it. The linguistic structure of the text in Quran and Sunnah
varies from one style to another. Some examples of these linguistic styles are:
Thanniy (speculative text), Qatai (definitive text), Amm (general text), Khass
(specific text), Haqiqi (literal text), and Majaazi (metaphorical text). The rules to
distinguish and difl’erentiate between these styles is an important subject in Usul
al Fiqh.
Another essential aspect involved in interpreting the text of the Quran and Sunnah are
issues surrounding abrogation of rulings from the Quran and Sunnah. The study of
abrogation involves issues such as, what constitutes abrogation, how to understand it in
relation to other Ayahs or Ahadith, and how to reconcile these differences.
Some Muslims claim there is no need for Usul al Fiqh, thinking one can directly go to the
text of the Quran and Sunnah and derive laws. Such a claim really illustrates the
ignorance in understanding Islam. It is impossible to derive laws without being equipped
with the necessary tools. These tools enable us to understand the text of the Quran and
Sunnah, and without understanding the text, one would not be able to extract laws.
As an example, without being aware of the rules of Arabic grammar for interpreting the
text of Quran and Sunnah, one would not be able to differentiate whether the command
in the Ayah(verse) or Hadith(prohetic saying) for a certain action is Haram (forbidden) or Makruh (undesirable).
Therefore, Usul al Fiqh is a definite prerequisite to derive rulings.
Since rulings are derived based on Usul al Fiqh, a variation in Usul al Fiqh may result in
different rulings. This is one of the reasons that there might exist more than one ruling on
some issues.
The end product of Usul al Fiqh is Shariah (or Fiqh). The difference between Usul al Fiqh
and Shariah is that the latter is concerned with the rulings related to our actions, and Usul
al Fiqh is concerned with the methodology applied to deduce such rulings.
Category:Islam