Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat By Imam al-Harmayn [Part 1]
The science of ‘Usul al-Fiqh (Principles of Islamic Jurisprudence)’ is a group of general principles used for deducing Shariah rules. ‘Al-Waraqat’ written by Imam al-Harmayn, Abdul-Malik bin Abdul-Allah al-Juwayni (419- 478 A.H.) is a treatise on this subject. It is considered one of the most concise and famous books in this field. The author mentioned briefly some basic terminologies and issues of principles of Islamic jurisprudence. This paper presents a concise commentary on al-Waraqat. Understanding and mastering al-Warqaãt will give beginner learners of Islamic jurisprudence a solid foundation that helps them to comprehend this science.
Introduction
In the Name of Allah, the Most-Merciful, the Giver of Mercy
All praise is due to Allah, the Lord of the Worlds, and peace be upon the master of the messengers, Muhammad, his household, and his companions.
These papers include information about chapters of Usul al-Fiqh (principles of Islamic jurisprudence).
Definition of ‘Usul’ and Fiqh
Literally, ‘Usul’ is the plural of ‘asl’, which means something upon which another thing is built, e.g. the ‘asl’ of a tree is its roots, upon which its other parts, such as its branches, depend. Thus, ‘asl’ means principles, rules, and fundamentals.
Literally, ‘Fiqh’ means understanding, e.g. to understand the meaning of the speech of the speaker.
According to the Islamic terminology, al-Fiqh is knowledge of rules of Shariah laws acquired by means of ‘Ijihad’, i.e. juristic reasoning. For example, knowledge of the fact that according to one of the opinions of the scholars, paying zakat on jewelry prepared for personal use is not obligatory. In this definition, ‘knowledge’ refers to preponderant surmise.
Rules of Shariah
There are seven types of rules of Shariah. They are as follows,
1) Obligatory (al-wajib), 2) recommended (al-manduwb), 3) permissible (al-mubah), 4) the unlawful (al-muhazur), 5) the disliked (al-makruh), 6) the valid (as-sahih), 7) the invalid (al-batil)
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