Tuesday 12 February 2008

Understanding Usul al-Fiqh


Due to the intellectual decline that befell the Muslim Ummah during the last few centuries various confusions exist today regarding Islamic jurisprudence (Fiqh). Most of these relate to misunderstanding subjects related to the principles and foundations of jurisprudence (Usul al-Fiqh). Different extremes exist today where some Muslims look at evidences from the Qur’an and Sunnah and attempt to interpret them without having the necessary framework to extract the correct meanings. Whilst others disregard the Shari’ah evidences altogether, utilising their own logic rather than the revelation and some who believe that the doors of Ijtihad are closed.

This book aims to clarify key subjects that establish the framework of Islamic juristic thinking such as:

• Understanding the key terminology of Usul including Daleel, Shari’ah and Fiqh.
• The definitive sources of Shari’ah – the Qur’an, Sunnah, Ijma’ as-Sahabah & Qiyas.
• Sources of Shari’ah not agreed upon by all Ulema (scholars) – Ijma’ al-Ummah, Maslaha al Mursalah, Istihsan, laws revealed before Islam and others.
• Ijtihad, the Mujtahid & Taqleed.
• An overview of the Islamic schools of thought.

Most of the books written on this subject in English have been written for academic purposes and rather than for the normal reader. This 243 page paperback book has been written in a clear simple style understandable to the average reader. Abu Ismael al-Beirawi has ammended the original book 'Studies in Usul al-Fiqh' written by Abu Tariq Hilal. He slightly restructured the book so that the definitive sources of law are discussed before those upon which there is disagreement amongst the scholars. The chapters on the Quran, Qiyas, Ijtihad and Taqleed were brief in the original. He has added to these and in some cases rewritten sections where elaboration was required. In this age of doubt and scepticism Abu Ismael felt it necessary to add some textual evidences and much needed references for some definitions and Ahadith. To distinguish this amended version from the original a new title has been given that keeps to the simplicity of the original.

It is clear that in writing the original, Abu Tariq referred to Sheikh Taqiuddin an-Nabhani’s (ra) masterpiece ‘Shaksiyyah Islamiyyah’ (The Islamic Personality). He has done the same, as well as referring to the excellent book ‘Teyseer al wusool Ila al-Usul’ (To make understanding Usul easy) by Sheikh Ata ibn Khalil Abu al-Rishta (May Allah protect him).

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