1) Usool
ul-Fiqh, as we have mentioned, represents the principles (Qawa’id)
that the Mujtahid follows in the Istinbat (extraction) of the
practical Shari’ah rulings from their detailed evidences like the Qaa’idah
(principle):
‘Working
with two evidences is better (more proper) than neglecting one of them’.
This is
whilst Fiqh is the ‘Ilm (knowledge) of the practical Ahkam
Shari’ah taken from its detailed evidences like: Khamr is Haraam, Al-Jihaad
is Fard. Tahaarah is a Shart (condition) from the conditions of
the validity of the Salaah and like Haid (menses) is A Maani’
(prevention) for the performance of the Salaah.
2) Usool
ul-Fiqh includes studies in relation to the language and its principles
because these principles are necessary for Ijtihad. This is like: The
studies about the Haqeeqah (literal) and Majaaz (metaphorical),
the meanings of the Huroof Al-Jarr (prepositions), the Huroof Ash-Shart,
and the general Alfaazh (expressions) amongst other matters.
This is
whilst Fiqh is restricted to the explanation of the Hukm Shar’i
that is a requirement of the Mukallaf like: The Salaah is Fard,
‘Umrah is Sunnah (Mandoob) and Riba is Haraam.
3) Usool
ul-Fiqh examines the Ijmaaliy Shar’i Daleel like the Qur’an,
Sunnah, Qiyas and Ijmaa’ in respect to establishing that it has
come from Allah and then it examines what came within it in terms of principles
and forms like: The Khusoos and the ‘Umoom (specific and
general), the Mutlaq and the Muqayyad (unrestricted and
restricted), Al-Mujmal (general/un-detailed) and Al-Bayaan
(explanation) and An-Naskh (abrogation).
This is
whilst Fiqh examines the Daleel Al-Juz’iy (partial evidence) that
guides to or indicates a specific Hukm for a matter or an action for the
purpose of the Mukallaf abiding by it. So for example it will examine
the Ayah:
وَقَاتِلُوا الْمُشْرِكِينَ
كَافَّةً كَمَا يُقَاتِلُونَكُمْ كَافَّةً
“And
fight against the disbelievers collectively as they fight against you
collectively”
[TMQ
At-Taubah 36]
And the Ayah:
وَأَحَلَّ اللَّـهُ
الْبَيْعَ وَحَرَّمَ الرِّبَا
“And
Allah has made trade Halaal and made Riba (usury) Haraam” [TMQ
Al-Baqarah 275]
And the Hadith:
‘If two Khalifahs
are given the Bai’ah then kill the latter of the two’ [Muslim]
And the
Ijmaa As-Sahabah (ra) in respect to delaying the burial of the Messenger of
Allah (saw) until after they had pledged allegiance to a Khalifah from amongst
them.
That is
done in order for the Hukm As-Shar’i to be taken from each Daleel
(evidence).
4) The
aim of Usool ul-Fiqh is the application of its principles upon the
detailed evidences to arrive to the manner of how the practical Ahkam
Shari’ah are extracted.
This is
whilst the aim of Fiqh is to explain and apply the Ahkam Shari’ah
upon the actions of the people and their speech and it is to make every Mukallaf
aware of the commands of Allah (swt) and what He has forbidden, so that the Mukallaf
can adhere to it in his actions.
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