Usool
ul-Fiqh has two main objectives:
1) To
verify that the Adillah Al-Ijmaaliyah are definitely (Qat’an) from the Wahi
(divinely inspired revelation). This means that is essential for these Adillah
(evidences) like the Qur’an, Ijmaa’ and others to be definitely proven
to be from Allah. This is because Allah (swt) says:
وَلَا تَقْفُ مَا لَيْسَ
لَكَ بِهِ عِلْمٌ
“And do
not pursue that of which you have no knowledge” [TMQ Al-Israa 36]
And He (swt)
says:
إِنَّ الظَّنَّ لَا يُغْنِي مِنَ
الْحَقِّ شَيْئًا
“Verily
speculation does not avail anything against the truth” [TMQ Younus 36]
Therefore,
the (Asl) (foundation) which is built upon must be definite in respect
to proving that it is from Allah. This is because if it is not definite (Zhanni)
then the possibility of difference can occur in respect to whether it is from
Allah or not? And for the Masdar (source) to be considered as a Hujjah
(valid proof) then it is necessary for the Daleel Al-Qat’iy (definite
evidence) which is the ‘Burhaan Al-Qaat’i’ (decisive proof) to establish
its consideration as a Hujjah. This is so that the Muslim is convinced
and assured that what he is undertaking in terms of actions are in line with
the commands of Allah and what He (swt) has forbidden.
2) The
application of the Qawa’id of Usool ul-Fiqh upon the detailed Shari’ah
evidences like the Ayaat, the Ahadith and others is for the
purpose of arriving at the practical Ahkam Shari’ah that bind the
Muslims in their lives so that they adhere to them when undertaking actions.
This objective is of the most noble of objectives and that is because Allah
(swt) created the human and revealed the Shari’ah to him so that he
abides by its Ahkam in his life of the Dunyaa. He will then be
held to account upon that on the Day of Judgement where it will either be Jannah
(paradise) or the Naar (fire).
Allah
(swt) said:
وَمَا خَلَقْتُ الْجِنَّ
وَالْإِنسَ إِلَّا لِيَعْبُدُونِ
“And I did not
create the Jinn and the human being except to worship Me” [TMQ Adh-Dhaariyaat 56]
And He (swt)
said:
فَمَن يَعْمَلْ مِثْقَالَ
ذَرَّةٍ خَيْرًا يَرَهُ ﴿٧﴾ وَمَن يَعْمَلْ مِثْقَالَ ذَرَّةٍ شَرًّا يَرَهُ
“So
whoever does an atom’s weight of good will see it and whoever does an atom’s weight
of bad (evil) shall see it” [TMQ Az-Zalzalah 7-8]
The
following is a practical example in respect to the manner of how to apply the Qawa’id
(principles) of Usool ul-Fiqh upon the detailed Shari’ah
evidences, in order to deduce or extract a practical Shar’i Hukm
(ruling):
Allah
(swt) states:
وَالَّذِينَ يُتَوَفَّوْنَ
مِنكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ
وَعَشْرًا
“And
those who are taken in death among you and leave wives behind - they, [the
wives, shall] wait four months and ten [days]” [TMQ Al-Baqarah 234]
And Allah
(swt) said:
وَأُولَاتُ الْأَحْمَالِ
أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ
“And for
those who are pregnant, their term is until they give birth” [TMQ At-Talaaq 6]
1) If we
were to take the Qaa’idah (principle) from the Qawa’id of Usool:
‘The later Nass (text) abrogates the former Nass (text)’ then the
Ayah from Surah At-Talaaq would be abrogating the Ayah from Surah
Al-Baqarah because it was revealed after it. The period of waiting (‘Iddah)
of the pregnant woman whose husband had died would be completed by her giving
birth in accordance to the Qawl of Allah (swt):
وَأُولَاتُ الْأَحْمَالِ
أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ
“And for
those who are pregnant, their term is until they give birth” [TMQ At-Talaaq 6]
2) There
are scholars of Usool who say that the Naskh (abrogation)
requires another Daleel that indicates the abrogation of an Ayah
by another, in addition to the issue of one being advanced and the other being
delayed (i.e. in terms of the time of revelation). These scholars combined
these two Daleels that appeared to be contradictory and said:
The one
whose husband dies whilst she is pregnant could perceive a contradiction in
respect to the length of time of her ‘Iddah (waiting period) and
particularly if she was to give birth after her husband’s passing in less than
four months and ten days. As such they presented the following solution:
It is
possible to reconcile between the two evidences in the following way. The
pregnant woman whose husband has passed away waits for the longer of the two
time periods. If she gives birth before four months and ten days from the date
of his death, then she waits until the four months and ten days is completed.
And if that time comes to an end before she has given birth then she waits
until she has given birth.
And this
Tawfeeq (reconciliation) between the two evidences represents an
application of the Qaa’idah (principle) in Usool ul-Fiqh that
states: ‘Working with the two evidences is better (or more appropriate) than
neglecting one of them’.
Adapted from the Book AlWaadih Fee Usul Al Fiqh by Shekh Muhammad Hussein
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