Wednesday, March 23, 2022

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat by Imam al-Juwayni [Part 4]

Al Waraqat Principles Islamic Jurisprudence

Definition of Usul al-Fiqh and Its Subdivisions

Usul of Fiqh are the general proofs of Fiqh and how to use these proofs to deduce rules e.g., command indicates obligation.  

Subdivisions of Usul al-Fiqh: 

Types of speech, the command and the prohibition, the general and the specific, al-Mujmal and al-mubayyan, the manifest and the figurative, actions of Messenger Muhammad [peace be upon him], the abrogating and the abrogated, scholarly consensus, transmitted narrations, analogical deduction, the prohibition and the permission, order of proofs, attributes of al-mufti and al-mustafti, and rules of al-Mujtiheen. 

Definition and Types of Speech (al-Kalam)

According to its composition, the speech (al-Kalam) is at least composed of two nouns, a noun and verb, a verb and particle, or a noun and particle. 

According to its meaning, the speech is divided into commandment and prohibition, declarative and interrogative statements, wishes, requesting, and oaths.

According to its usage, the speech is divided into literal and figurative speech.

Literal speech refers to using a term in accordance with its original meaning. Another definition, it refers to using a term in accordance with its conventional usage. For example, if someone says, ‘I have seen a lion.’ He means that he has seen a real lion (animal). 

Figurative speech refers to using a term beyond its original meaning. For example, if someone says, ‘I have seen a lion fighting courageously.’ He means that he has seen a courageous man fighting. 

Literal speech is linguistic, legislated by Shariah, or customary usage. For example, according to the English language, the word ‘lion’ refers to a large wild animal. According to Islamic Shariah, Salah refers to the prayer, namely, the practice of formal worship in Islam. According to customary usage, in some Arab countries, the word ‘dabah’ refers to any animal that walks on four feet. 

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat By Imam al-Harmayn [Part 1]


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