Usul Fiqh - Introduction Essay

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Usul Al Fiqh: Principles of Jurispudence Introduction: Usul Al fiqh is the philosophy of jurisprudence, it does not tell us what is halal or haram, but rather tells how we reach the conclusion whether an act is forbidden or allowed. For example, consider the hadith by Imam Sadiq (a) which says: “Someone who does not perform salatul layl is not one of us”. What does this mean? What is the extent of this admonishment? Does this mean salatul layl is wajib? Or for instance, we have narrations that mention shaving of the beard is not permitted whilst we have others which shaving is beard; how do we know which is the right discourse to take? Was it the case that perhaps the first hadith was said to perform taqiya by the infallible? How do we know when the infallibles were showing taqiya? All religious acts fall under the following categories: * Wajib (Mandatory ) * Mustahab (Recommended but not wajib) * Mubah (Neutral) * Makruh (Not recommended but not haram ) * Haram (Forbidden) Islam is a comprehensive religion which covers every aspect of the human life, so each act must fall under one category above. Then do the new issues, such as the use of the Internet, which has not been mentioned neither in the Quran nor in the traditions of the Prophet, fall out of the field of Islamic jurisprudence? How do we find out where these new issues belong to in the categories we defined above? Usul Al Fiqh is the tool which enables to deduct rulings from the root and fundamental principles of Islamic Jurisprudence. Importance of Usul Al Fiqh 1) Preserve the legislations and rulings: this science protects the sources and methods of ruling/sharia. 2) Strengthen the method of rulings, as to keep strong the proofs and evidence for the rulings we have. This will safeguard our legislation from being manipulated. 3) To learn the process of obtaining
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