Usul al-Fiqh Made Simple: A Concise Guide to Islamic Legal Theory

 

Usul al-Fiqh Made Simple: A Concise Guide to Islamic Legal Theory, Based on al-Waraqat by Imam al-Haramayn al-Juwayni
Classical Foundation Explained for Students and Readers of Islamic Law

Allah, exalted be He, created humankind and blessed them by sending messengers and prophets to guide them to the straight path leading to His pleasure. Islam, brought by Prophet Muhammad (peace be upon him), is the final and complete message. The rules of Islamic law are built upon evidence from the Quran and the Sunnah, some of which is conclusive, while others are open to interpretation.

The science of Usul al-Fiqh—the principles of Islamic jurisprudence—explores the sources of law, their authenticity, order, and the methods by which rulings are derived. It also addresses the qualities required in those who deduce these rulings.

Based on al-Waraqat by Imām al-Jūwaynī, this book offers a clear and accessible explanation of one of the most influential classical works in Islamic legal theory. Written in simple language, it is designed for students, beginners, and readers seeking to understand the foundations of Shariah law without getting lost in technical complexities.

Whether you are embarking on your first study of Islamic jurisprudence or looking to strengthen your foundational knowledge, Usul al-Fiqh Made Simple provides a concise, reliable, and engaging guide to mastering this essential science.

#UsulAlFiqh #IslamicLaw #LegalTheory #AlWaraqat #ImamAlHaramayn

 

 

Ijtihad (Juristic Reasoning)according to the principles of Islamic jurisprudence

 Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat [Part 33] 

Ijtihad (Juristic Reasoning)according to the principles of Islamic jurisprudence

• Linguistically, ijtihad means to exert and make strenuous effort. Technically, Ijtihad (Juristic Reasoning) means exerting every effort and doing one’s best to achieve a conclusive or conjectural Shariah rule.

• When a mujtahid is competent in juristic reasoning and makes juristic reasoning regarding conjectural Fiqh issues, then if reaches the correct opinion, he will attain double rewards from Allah. On the other hand, if does not reach the correct opinion, he will attain one reward.

• Some scholars say that every mujtahid regarding conjectural Fiqh issues is correct. Hence, according to this opinion, he will attain double rewards. 

• The proof of those, who say that not every mujtahid regarding conjectural Fiqh issues reaches the correct opinion, is the statement of Messenger Muhammad, who said, “If a judge makes a juristic reasoning and comes to the correct opinion, then he will attain double rewards. And if he makes judgment and comes to incorrect opinion, then he will attain one reward.”  Explanation: Messenger Muhammad divided the mujtahid into two types in this statement: one who comes to a correct opinion, and one who does not come to the correct opinion. If both of them are correct, then such division will make no sense.  

• It is impermissible to say that every mujtahid regarding creedal issues comes to the correct opinion. Rather, only one mujtahid comes to the correct opinion in this regard. It is impermissible to say so because that will lead to validating the opinions of the misguided ones such as the Christians, the Magians, the disbelievers, and the atheists.

At-Taqlid (Imitation) According to the Principles of Islamic Jurisprudence

A CRITICAL INTRODUCTION TO ISLAMIC LEGAL THEORY based on Imām al Ḥaramayn al-Juwaynī’s Kitāb al Waraqāt (كتاب الورقات)

English Translation and Tafsir of Surah Al-Adiyat

The Noble Quran Surah ar-Ra’d English Translation and Tafsir Kindle Edition

 

At-Taqlid (Imitation) According to the Principles of Islamic Jurisprudence

 

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat [Part 32] 

At-Taqlid (Imitation) According to the Principles of Islamic Jurisprudence

• At-Taqlid (imitation) means acceptance of the statement of a person, who does not provide proof for the validity of his statement.

• According to the aforementioned definition, acceptance of the statement of Prophet Muhammad [peace be upon him] is called taqlid. However, the correct opinion is accepting the statements of Prophet Muhammad is not taqlid because we accept his statements as there is conclusive evidence for his truthfulness and that his statements must be obeyed. 

• If we say that Prophet Muhammad used to make ijtihad, namely, juristic reasoning, though he used to receive divine revelation, then it is permissible to call acceptance of his statement taqlid because we do not know whether his opinion on a particular matter was based on divine revelation or juristic reasoning. The correct opinion is that Messenger Muhammad is eligible to make juristic reasoning and acceptance of his statements is not called taqlid as this truthfulness is established by conclusive proof. Moreover, Messenger Muhammad made juristic reasoning about matters related to this worldly life, and the scholars unanimously agreed that it happened. 

• Another definition of taqlid (imitation) is that it is acceptance of the statement of a person without knowing how he deduced it, or what the source of his statement is. 

Requirements Needed for al-Mustafti

Requirements Needed for al-Mufti (Mujtahid)

A CRITICAL INTRODUCTION TO ISLAMIC LEGAL THEORY based on Imām al Ḥaramayn al-Juwaynī’s Kitāb al Waraqāt (كتاب الورقات)

The Noble Quran Surah Yusuf English Translation and Tafsir Kindle Edition

Requirements Needed for al-Mustafti

 

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat [Part 31] 

Requirements Needed for al-Mustafti 

• Al-Mustafti is a person, who asks about the rule of Islamic law on a particular matter. 

• Al-Mustafti can be a layperson or an educated person, but not a mujtahid. 

• Al-Mustafti is permitted to follow a mujtahid concerning rules of Islamic law, as he is unable to deduce rules of Islamic law from their proofs.

• Al-Mustafti must follow the opinion of al-Mufti as he cannot make juristic reasoning by himself. In other words, when al-Mustafti asks al-Mufti about the rule of Islamic law on a particular issue, he must act according to the rule that al-Mufti issued.

• Al-Mujtahid is not permitted to follow the opinions of other scholars because he can make juristic reasoning, except in cases of necessity, such as there is a case requiring an immediate fatwa.

Requirements Needed for al-Mufti (Mujtahid)

A CRITICAL INTRODUCTION TO ISLAMIC LEGAL THEORY based on Imām al Ḥaramayn al-Juwaynī’s Kitāb al Waraqāt (كتاب الورقات)

The Noble Quran, English Translation and Tafsir, Surah al-A’la Ayah 1-8 Glorifying Allah & His Ability

The Noble Quran Surah ar-Ra’d English Translation and Tafsir Kindle Edition

Requirements Needed for al-Mufti (Mujtahid)

 

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat [Part 30] 

Requirements Needed for al-Mufti (Mujtahid)

Al-Mufti is a Muslim scholar who uses the proofs of Islamic Shariah, e.g. Quranic, Sunna proofs…etc. to deduce rules. 

Al-Mufti is eligible to give fatwa, namely, rules of Islamic law on a particular matter. 

• Al-Mufti should have knowledge of the principles and branches of Fiqh, 

including agreed and disagreed matters among the scholars of Fiqh.

• Al-Mufti should be competent in juristic reasoning, i.e. he knows the rules of deduction, objectives of Islamic Shariah, and effective causes of rules.

• Al-Mufti should have knowledge of sciences that are needed to make deduction, such as deep knowledge of Arabic language and grammar, solid knowledge about the scholars of hadith, interpretation of the ayat of the Quran, and hadiths related to rules of Shariah.

Order of Proofs According to the Principles of Usul Al-Fiqh

English Translation of Surah Al-Insan Ayah 4-12 The Recompense of the Believers and the Disbelievers on the Day of Judgment

A CRITICAL INTRODUCTION TO ISLAMIC LEGAL THEORY based on Imām al Ḥaramayn al-Juwaynī’s Kitāb al Waraqāt (كتاب الورقات)

The Noble Quran Juz Tabarak English Translation and Tafsir Kindle Edition

Order of Proofs According to the Principles of Usul Al-Fiqh

 

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat [Part 29] 

Ordering proofs is needed when there is a contradiction between proofs. 

• Clear proofs are given precedence over unclear ones. For example, words that are used in their literal meanings are given precedence over words that are used in their metaphorical meanings.

• Proofs that convey certain knowledge are given precedence over proofs that convey surmise and probability. For example, mutawatir hadiths are given precedence over ahad hadiths.

• Texts mentioned in the Quran and Sunnah of Messenger Muhammad are given precedence over Qiyas (Analogical Reasoning) in case of contradiction and impossibility of reconciliation; however, if the text mentioned in the Quran or the Sunnah are general texts, then they may be specified by Qiyas.

• Clear Qiyas (Analogical Reasoning) is given precedence over unclear Qiyas. For example, Qiyas of effective cause is given precedence over Qiyas of resemblance. 

• If there is a text in the Quran or Sunnah that changes the original rule, namely, being free from accountability, then the rule mentioned in the text of the Quran or the Sunnah must be followed and the original rule is ignored; however, if there is no text in the Quran or the Sunnah, the rule to be followed is presumption of continuity (Istishab), namely, being free from accountability. And Allah knows best. 

Presumption of Continuity (Istishab) According to the Principles of Usul Al-Fiqh

Types of Al-Qiyas in Islamic Jurisprudence

English translation, and newfangled commentary on Imām al Ḥaramayn al Juwaynī’s Kitāb al Waraqāt fī uṣūl al fiqh

Presumption of Continuity (Istishab) According to the Principles of Usul Al-Fiqh

 Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat [Part 28] 

Presumption of continuity (Istishab) according to the principles of Usul Al-Fiqh means presumption of the continuity of the original rule when there is no Shariah evidence that changes the rule.

 In other words, the rule that is confirmed in the past shall continue in the future until Shariah evidence changes it.

For example, if a person claims that there is an obligatory prayer other than the five obligatory prayers prescribed by Islamic Shariah, he is required to bring Shariah evidence that supports his claim. That is because the original rule is that such a prayer is not obligatory. 

Thus, the original rule that there are only five obligatory prayers must be prayed until Shariah evidence exists that changes the original rule.

Some Principles About Presumption of Continuity (Istishab) According to the Principles of Usul Al-Fiqh

• Beneficial things are essentially permissible.

• Harmful things are essentially prohibited.

• Contracts are essentially permissible except for contracts that are prohibited by Islamic Shariah.

• Certainity cannot be removed by doubt.

Permission and Prohibition According to the Principles of Islamic Jurisprudence

Some Stipulations of Al-Qiyas (Analogical Reasoning) According to the Principles of Islamic Jurisprudence

The Noble Quran Surah Jonah English Translation and Tafsir Kindle Edition

Permission and Prohibition According to the Principles of Islamic Jurisprudence

 

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat [Part 27]

This section in al-Waraqat discusses, whether things on which there is no specific Islamic Shariah rule and things whose harmfulness is not confirmed, are prohibited or permitted. 

Opinions of the Scholars on  Permission and Prohibitions of Things that There is No Specific Shariah Rule is Mentioned:

1. Some scholars believe such things are originally prohibited except what the Islamic Shariah has permitted. Thus, if there is no evidence in the Islamic Shariah permitting them, then they are prohibited according to the original rule.

2. Some scholars have the opposite opinion, namely, things are originally permissible except what the Islamic Shariah has prohibited. 

3. Other scholars have chosen not to say whether things are originally permitted or prohibited. 

4. The correct opinion is elaboration on the matter, namely, harmful things are prohibited by Islamic Shariah, and beneficial things are permissible by Islamic Shariah. 

Some Stipulations of Al-Qiyas (Analogical Reasoning) According to the Principles of Islamic Jurisprudence

Al-Qiyas Analogical Deduction) In Islamic Jurisprudence

A CRITICAL INTRODUCTION TO ISLAMIC LEGAL THEORY

based on Imām al‑Ḥaramayn al-Juwaynī’s Kitāb al‑Waraqāt

Some Stipulations of Al-Qiyas (Analogical Reasoning) According to the Principles of Islamic Jurisprudence

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat by Imam Al-Juwayni [Part 26]

• The effective cause is an appropriate attribute for both the original case and the new case. For example, intoxication is an appropriate attribute for prohibiting wine by analogy with alcoholic liquor. 

• The original case is established by the evidence on which both the disputants agree. In other words, the original case is established by evidence from the Quran, the Sunnah, or scholarly consensus. 

• Whenever the effective cause is present, the rule exists. For example, whenever intoxication is present, the rule, namely, prohibition, exists. The effective cause must not cease to exist in a literal or connotation sense, i.e. non-existence of the effective cause in a literal sense: the presence of the effective cause without the rule. Non-existence of the effective cause in a connotation sense: the presence of the appropriate attribute without the existence of the rule.

• The rule must follow the effective cause in case of existence and non-existence, namely, if the effective cause exists, the rule exists; and if the effective cause does not exist, the rule does not exist. For example, whenever intoxication exists, the rule of probation exists; and whenever intoxication does not exist, the rule of prohibition does not exist.

• The effective cause is the cause that brings about the rule.

• The rule is the result that is brought about by the effective cause.

A Critical Edition, English Translation, and New Commentary on
Imām al‑Ḥaramayn al-Juwaynī’s (Kitāb al‑Waraqāt fī uṣūl al‑fiqh)
Types of Al-Qiyas in Islamic Jurisprudence
Transmitted Reports ‘Al-Akhbar’
al-Juwayni, Abu'l Ma'ali (1028-85)

Types of Al-Qiyas in Islamic Jurisprudence

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat [Part 25]

Based on the strength of the effective cause, al-qiyas is divided into three types:

1. Analogy of effective cause: the effective cause between the new case and the origin necessitates the rule. 

Example: by making an analogy between beating the parent(s), and prohibition of saying ‘uff’ (ugh!) to them. The effective cause in this analogy is abuse. It is impossible to permit the rule, namely, beating, in the new case, and prohibits saying bad words to the parents, in the presence of the effective cause, which is abusing the parents.

2. Inferential analogy: making an inference by one of the analogues to the other. In this case, the effective cause indicates the rule, and it does not necessitate the rule. For example, making an analogy between a child’s wealth and an adult's wealth. It is obligatory to pay zakat on the child’s wealth because of the effective cause between them, i.e. tendency to grow. 

3. Analogy of resemblance: in this type of analogy, the new case has a resemblance to two original cases. In this case, the new case is attributed to the most resembling case. For example, secretions that are produced by organs other than the private parts. They resemble secretions produced by the private parts as they are impure, and they resemble pure secretions as they do not come out from the private parts.

If the rule is that such secretions are impure, and nullify ablution, then the pillars of analogy are as follows,

a) The original case: secretion produced by private parts.

b) The new case: secretion produced by other body parts.

c) Effective cause: impurity.

d) The rule: they nullify ablution.

Al-Qiyas: Analogical Deduction
Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat By Imam al-Harmayn Al-Juwayni [Part 20]
English translation, and newfangled commentary on Imām al Ḥaramayn al Juwaynī’s Kitāb al Waraqāt fī uṣūl al fiqh
THE PRINCIPLE OF QIYAS IN ISLAMIC LAW —AN HISTORICAL PERSPECTIVE

Al-Qiyas Analogical Deduction) In Islamic Jurisprudence

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat [Part 24]

(Al-Qiyas)Analogical Deduction 

Literally, ‘qiyas’ means measuring, estimation, and assessment. 

Technically, making the rule of the new case the same as the original case because of the presence of a common ‘effective’ cause between them.

Pillars of al-Qiyas

1. Asl (the origin case).

2. Far’ (the new case).

3. Illa (effective cause). 

4. The rule, that the new case will have, which is the same as the original case because of the presence of an effective cause between both of them.

Example for al-Qiyas 

1. Asl: Gold and silver.

2. Far’: Paper currencies.

3. Illa: Both of them have value and can be priced. 

4. The rule: Zakat is obligatory on par currencies. 

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat By Imam al-Harmayn [Part 16]

English translation, and newfangled commentary on Imām al‑Ḥaramayn al‑Juwaynī’s Kitāb al‑Waraqāt fī uṣūl al‑fiqh

Imam al-Juwayni 

Methods of Transmission of Hadith

 

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat By Imam al-Harmayn Al-Juwayni [Part 23]

‘Al- an’ana’ is derived from ‘an’an al-hadith’ i.e. narrating a report by saying: it is reported from so and so without mentioning whether the narrator heard the report by himself or not.

A report narrated in which there is ‘an’ana’ in the chain of transmission is a musand report and it is not called mursal except a narration that is narrated by an untrustworthy narrator. Moreover, the scholars mention some conditions that should be taken into consideration when applying this rule.

Expressions of Narration by Non-Companion of Messenger Muhammad 

1. The sheik (teacher) reads and the student listens. When narrating, the student will say, ‘haddthani, namely, he reported to me,’ or he will say, ‘akhbarni, he told me.’ 

2. The student reads while the sheik is listening, and the sheik will say, “Yes.” or say nothing. When narrating, the student says only ‘akhabarni, he told me.’ He should not say, ‘hadathani, namely, he reported to me, because this expression is used to indicate that the sheik is the one who reads. However, some scholars permit saying, ‘hadathani, he reported to me in this case.

3. The sheik gives the student permission to narrate the hadith without reading the hadith to him. The student will say, ‘Ajazani, namely, he gave me permission, or he to me ijaza. The student should not say akhbarani, namely, told me; because it will give a false impression that he read the hadith to the teacher though he did not do so. 

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat By Imam al-Harmayn Al-Juwayni [Part 22]

English translation, and newfangled commentary on Imām al Ḥaramayn al Juwaynī’s Kitāb al Waraqāt fī uṣūl al fiqh

Imam Al-Juwayni

The Waraqat of Imam al-Haramayn al-Juwayni, a classical manual of Usul Al-Fiqh

The Noble Quran Surah Maryam English Translation and Tafsir

Categories of Transmitted Hadith in Sunnah

 

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat By Imam al-Harmayn Al-Juwayni [Part 22]

According to the continuity of the chain of narrators, Ahad reports are divided into two types:

a) Musnad 

b) Mursal

Musnad Report

Literally, musnad means ascribed, or attributed. 

Technically, musnad is a report that has a connected chain of transmission. If its chain transmission is connected to Messenger Muhammad [peace be upon him], it is called al-marfu’. For example, a report narrated by Malik from Naf' from Abdul Allah Ibn Umar from Messenger Muhammad. This report is musand because each of the narrators heard from the former narrator.

If its chain of transmission is connected to the companions of Messenger Muhammad, it is called al-mawquf.

For example, a report narrated by Malik from Naf’ from Messenger Muhammad. This report is called mawquf because Naf’ did not meet Messenger Muhammad and there is a missing narrator between Naf’ and Messenger Muhammad.

Mursal Report

Literally, mursal means something that is set free.

Technically, mursal is a report that its chain of transmission is disconnected. 

A mursal report is un-authoritative evidence except for these two types:

a) Mursal report attributed to the companions of Messenger Muhammad. It is a report narrated by a companion of Messenger Muhammad about things he did not directly hear, or see from Messenger Muhammad.  Murasl reports narrated by a companion of Messenger Muhammad are accepted since all companions of Messenger Muhammad are trustworthy and they narrate only from trustworthy people.

b) Mursal reports attributed to Sai’d Ibn al-Musayyb, who is one of the followers of the companions of Messenger Muhammad. They were investigated and found that his reports are attributed to Messenger Muhammad, namely, he narrated reports that he heard from companions of Messenger Muhammad. 

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat By Imam al-Harmayn [Part 15]

Imam Al-Juwayni

English translation, and newfangled commentary on Imām al Ḥaramayn al Juwaynī’s Kitāb al Waraqāt fī uṣūl al fiqh

The Waraqat of Imam al-Haramayn al-Juwayni, a classical manual of Usul Al-Fiqh

Transmitted Reports ‘Al-Akhbar’

 

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat By Imam al-Harmayn Al-Juwayni [Part 21]

Al-Akhbar ‘news, reports’ is what can be true or false for itself.

For example, ‘Zayd stands up.’ This report can be true or false.

A report may be true or false due to an external cause.

For example, a report that it is impossible to be true, e.g. someone claims prophet-hood after the death of Messenger Muhammad [peace be upon him]

 A report that is impossible to be false, e.g. reports of Allah and His Messenger Muhammad

According to the manner of transmission, reports are of two types: Mutawatir reports and Ahad reports.

Mutawatir Report 

Technically, mutawatir is a report that is narrated by such a large number of people that it is inconceivable that they collaborated to lie.

A mutawatir report conveys certain knowledge that one is obliged to decisively accept it as if he witnessed the matter with his sense of perception.

Conditions of mutawatir report

1. A large number of people narrate it.

2. A large number of people is present at all levels of the chain of transmission.

3. It is inconceivable that they could have collaborated to lie.

4. The report is based upon sense perception, such as they say, ‘we heard’ or ‘we saw’.

Ahad Report

Technically, the Ahad report is a narration that does not fulfill the conditions of a mutawatir report. In other words, a narration that has not been transmitted by a large number like the mutawatir narration even if the transmitter is one, two, or three, etc. 

Ruling on Ahad Report

a) It is obligatory to act according to the purport of the Ahad narration by believing in it if it is a report and applying its rule if it is a demand on the condition that it is authentically transmitted from Messenger Muhammad [peace be upon him]. There is no difference on this matter whether the report is about a creedal or practical rule according to the correct opinion of the scholars in this regard because of the ample proof confirming that it is obligatory to act according to the dictate of the news told by one person. Abdul Allah Ibn Umar, may Allah be pleased with them said, ‘While the people praying al-Fajr prayer at Quba’ mosque, someone came and said, ‘It has been revealed Quranic revelation to Messenger Muhammad and he has been commanded to face towards the direction of al-Ka’aba in Makkah.’ Thereupon, the people turned their faces towards al-Ka’aba after they were facing towards Jerusalem mosque in ash-Sham.’  This narration is clear proof confirming that it is obligatory to act according to the dictate of news told by one person.

b) Al-Ahad report conveys knowledge that must be investigated, namely, accepting it depends on examination and evidence. If news told by one person conveys certain knowledge, we will believe every news we hear. However, we do not believe every news we hear; rather, we examine its truthfulness. 

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat By Imam al-Harmayn Al-Juwayni [Part 17]

Imam Al-Juwayni

English translation, and newfangled commentary on Imām al Ḥaramayn al Juwaynī’s Kitāb al Waraqāt fī uṣūl al fiqh

The Waraqat of Imam al-Haramayn al-Juwayni, a classical manual of Usul Al-Fiqh

Authority of the Statements of the Companions

 

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat By Imam al-Harmayn Al-Juwayni [Part 20]

A statement of the companion is a report narrated from one of the companions of Messenger Muhammad. It can be a statement, an action, or tacit approval of a religious matter. 

A companion of Messenger Muhammad [peace be upon him] is a person who accompanied Messenger Muhammad even for an hour or saw him and died in such a state. 

The companion’s statement is one of the Shariah proofs that there is disagreement about its authority. 

a) If no one of the companions disagrees with the statement, the statement is authoritative. If there is disagreement on the statement, then the statement is not authoritative. 

b) The statement is not well-known among the companions. If the statement is well-known and no one disagreed with it, then it is considered silent consensus. 

c) The statement is about something that depends on an opinion. If the statement is about a matter that cannot depend on an opinion, it is obligatory to accept it because it is considered a narration from Messenger Muhammad [peace be upon him]. For example, statements of the companions about the events that will take place on the Day of Judgment.

d) The statement is said by a companion who is known for giving fatwa and a scholar of Fiqh. If he is not so, then his statement is not authoritative.

There are two opinions about the companion’s statement:

1. The statement of a companion of Messenger Muhammad is authoritative. This is the opinion of Imam Malik, Abu Hanifah, Imam Ahmad, and Imam Ash-Shafi in one of his opinions.

2. The statement of a companion of Messenger Muhammad is not authoritative, which is the later opinion of Imam Ash-Shafi, another narration from Imam Ahmad, and the chosen opinion of Al-Ghazali, Al-Amidi, Ibn Al-Hajib, and Al-Juwayni.

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat By Imam al-Harmayn Al-Juwayni [Part 19]

English translation, and newfangled commentary on Imām al Ḥaramayn al Juwaynī’s Kitāb al Waraqāt fī uṣūl al fiqh

The Waraqat of Imam al-Haramayn al-Juwayni, a classical manual of Usul Al-Fiqh

al-Juwayni, Abu'l Ma'ali (1028-85)

Al-Ijma’ (Scholarly Consensus)

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat By Imam al-Harmayn Al-Juwayni [Part 19]

Al-Ijam’: Scholarly Consensus is a unanimous agreement of al-mujtahidun of the Muslim community of any period after the demise of Messenger Muhammad [peace be upon him] on a religious matter. 

Al-Mujtajid is a person who practices ijtihad, which linguistically means exerting and making a strenuous effort. 

Technically, ijtihad means exerting every effort and doing one’s best to acquire conclusive or conjectural Shariah rule.

Explanation of the definition

Unanimous agreement of the scholars of Fiqh.

 The mujtahidun are the scholars of Fiqh. Thus, laypersons and specialists of sciences other than Fiqh, such as grammarians and linguists, are not included in the definition. 

The mujtahidun of the Muslim community means that scholars from other nations are not included in the definition.

Any period after the demise of Messenger Muhammad means that scholarly consensus begins after the death of Messenger Muhammad until the Day of Judgment. As for the time during the life of Messenger Muhammad, scholarly consensus had no effect during the lifetime of Messenger Muhammad because revelation from Allah used to come to Messenger Muhammad. Thus, Islamic Shariah rules were ordained by Allah and His Messenger. 

A religious matter means that agreement over non-religious matters such as linguistic or scientific matters is not included in the definition. 

The scholarly consensus is authoritative proof. Thus, every Muslim must act according to its dictates. Messenger Muhammad said, ‘My nation will not be united over misguidance.’  

Some Issues Related to Scholarly Consensus

The scholarly consensus is binding proof on the next Muslim generations. 

For example, the consensus of the first generation is binding proof on the second generation. 

Likewise, the consensus of every generation is binding proof on the generations that come after them.

If the companions of Messenger Muhammad agreed on a religious rule, then their followers could not disagree over it. The rule would be binding on them and on the generations that will come after them.

The scholarly consensus must have proof upon which it depends, such as proof from the Quran, the Sunnah, or al-Qiyas (analogical deduction). Thus, al-Mujtahidun do not legislate because legislation is the right of Allah, but they deduce rules from Shariah proofs. 

Is the demise of all mujtahidun belonging to a single generation a condition for considering their consensus binding? 

There are two opinions on this issue:

a) The majority of scholars maintain that the demise of all mujtahidun belonging to a single generation is not a condition for considering their consensus binding. 

b) Some scholars believe that the demise of all mujtahidun of a single generation is a condition for considering their consensus binding. That is because some scholars may change their opinions, thus, disagreement may occur. 

The first opinion is the correct one because the proofs supporting it are strong. 

Saying that all mujtahidun of a single generation must die to consider their consensus binding will lead to the impossibility of the occurrence of scholarly consensus. That is because it is hardly that a single generation demises without the occurrence of young scholars, who become mujtahidun. Thus, they have the right to disagree. Thus, the consensus may not be realized according to the second opinion, which will lead to the nullification of the consensus.  

If it is said that the demise of all mujtahidun is a condition for considering their consensus binding, then the opinion of whoever is born during the lifetime of the unanimously agreeing scholars and becomes mujtahid should be taken into consideration and he has the right to disagree. And according to this opinion, the scholars may nullify the rule that they unanimously agreed upon as scholarly consensus and that does not consider breaking of the consensus. 

Types of  Scholarly Consensus

1. The scholarly consensus is expressed by means of action or statement of the scholars: in this type of consensus, every mujtahid expresses his approval of the rule by statement or action indicating his approval. There is no disagreement on this type of consensus among the scholars who accept it as Shariah proof.

2. Silent scholarly consensus takes place some mujtahidun express their approval of the rule by statement or action; thus, their position becomes well known. However, some mujtahun remain silent, namely, they do not endorse the rule by action or statement, and at the same time, they do not disapprove of the rule and their position becomes well known.  Some scholars consider this type of scholarly consensus Shariah proof, while some believe it is not so.

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat By Imam al-Harmayn Al-Juwayni [Part 18]

English translation, and newfangled commentary on Imām al‑Ḥaramayn al‑Juwaynī’s Kitāb al‑Waraqāt fī uṣūl al‑fiqh

The Waraqat of Imam al-Haramayn al-Juwayni, a classical manual of Usul Al-Fiqh

al-Juwayni, Abu'l Ma'ali (1028-85)

Contradiction of Proofs in Usul Al-Fiqh

 

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat By Imam al-Harmayn Al-Juwayni [Part 18]

The contradiction of proofs refers to a contradiction between Shariah proofs from the Quran or the Sunnah. 

For example, a certain proof may indicate lawfulness while another proof may indicate unlawfulness.

 A contradiction can never occur between Shariah's proofs because Allah revealed them. However, imperfect understanding of human beings or misunderstanding may lead to believe that there is a contradiction between Shariah's proofs. In this case, the Muslim jurist is required to find a correct way to remove such a perceived contraction. 

If there is a contradiction between two proofs from the Quran or the Sunnah, there are four cases

1. The contradiction is between two general proofs.

2. The contradiction is between two specific proofs.

3. The contradiction is between a general proof and a specific proof.

4. The contradiction is between two proofs that are general from one perspective and specific from the other. 

The contradiction between Two General Proofs

1. It is possible to reconcile the two general proofs. In such a case, they are reconciled in a manner that each one of them is understood according to a situation that does not contradict the other. Thus, both proofs are applied. 

For example, Messenger Muhammad [peace be upon him] said that the most wicked of witnesses are “those who offer testimony before being asked to testify.” He also said, “The best of witnesses are those who offer testimony before being asked to testify.” The scholars reconcile between them as follows: a witness is blameworthy if he offers testimony in favor of someone who knows about the testimony before the concerned person asks for it. On the other hand, someone knows about a testimony, but the concerned person does not know that he knows it. Then he tells the concerned person about the testimony and his willingness to testify before the judge to restore his right. In such a case, the witness is praiseworthy [Sharh Sahih Muslim]. 

2. If it is impossible to reconcile between two general statements and the date on which they were prescribed is unknown, then both rules should be suspended until proof supporting one of them is found. For example, Allah has prohibited simultaneous marriage to two sisters, whether free or slave, in the Quran [Surah an-Nisaa’:23] However, Surah al-Mu’minun: ayah [5-6] indicates that it is permissible to cohabit with two slave sisters simultaneously. Allah says, interpretation of the meaning, 23:5 Those who guard their private parts, 23:6 save from their wives or what their right hands possess, then they surely are not blameworthy. The scholars say that it is prohibited to simultaneously have a sexual relationship with two female slave sisters because it protects from the possibility of committing an unlawful act. Similarly, it is prohibited to marry two female slave sisters at the same time. And Allah knows best. 

3. One of the proof abrogates the other if the dates on which they were prescribed are known. In such a case, the latter abrogates the former. For example, ayah [Surah al-Baqarah: 234] abrogated ayah [Surah al-Baqarah: 240] 

2:240 And those of you who die, leaving wives, let them make bequeath for their wives, provision for a year… 

2:234 Those of you who die, leaving wives, their wives shall wait four months and ten days…

Thus, the waiting period for a widow is four months and ten days.

The contradiction between Two Specific Proofs

1. It is possible to reconcile them. In such a case, they are reconciled in a manner that each one of them is understood according to a situation that does not contradict the other. For example, a narration mentions that Messenger Muhammad [peace be upon him] washed his feet [Sahih Al-Bukhari].  However, another narration says that Messenger Muhammad sprinkled water over his feet [Sunan Abu Dawood].  The scholars reconciled them as follows: they say that the narration saying that Messenger washed his feet was about ablution after minor impurity. On the other hand, they say that the narration saying that Messenger Muhammad sprinkled water over his feet was about renewing ablution.

2. If it is impossible to reconcile between them and the date, on which the rule is prescribed, is unknown, then both rules are suspended until evidence supporting one of them is found. For example, Messenger Muhammad [peace be upon him] was asked about how a man can have an intimate relationship with his wife when she menstruates. He said that he could enjoy the parts of her body that are above the navel and below the knee [Sahih Muslim].  However, in another narration, Messenger Muhammad said, “Do everything except sexual intercourse.” [Sahih Muslim]  Some scholars have given preponderance to the first narration to be on the safe side.

3. If the date on which the rules are prescribed is known, then the latter abrogates the former. For example, Messenger Muhammad said, “I had forbidden you to visit the graves. Now, you may visit them.” [Sahih Muslim] 

The contradiction between a General and Specific Evidence

If there is a contradiction between general and specific evidence, the general evidence is specified by the specific evidence. 

For example, Messenger Muhammad [peace be upon him] said that one-tenth is the due zakat on land irrigated without effort, such as rain [Sahih Al-Bukhari].  

This general statement includes little and much harvest. In another narration, Messenger Muhammad said, ‘No zakat is due on less than five awsuq of harvest.’ [Sahih Muslim]   Thus, the general statement saying that one-tenth is the due zakat on land that is irrigated without effort, a general statement, is specified by the statement saying that no zakat is due on less than five awsuq of harvest. Accordingly, zakat is due on five awsqu of harvest and more.

The contradiction between Two Proofs: General According to one Perspective and Specific According to the other

If there is a contradiction between two proofs that are general according to one perspective and specific according to the other, those proofs are reconciled by specifying the generality of each one of them by the specificity of the other proof if there is a proof supporting to do so.

Allah says, interpretation of the meaning,

2:234 Those of you who die, leaving wives, their wives shall wait four months and ten days… The rule in this ayah is general and it speaks about pregnant women and other types of women. In other words, it is specific proof about the waiting period for widows in general.

In another ayah in the Quran, Allah, Exalted be He, says, interpretation of the meaning, 

65:4 And those of your women, who have passed the age of menstruation, if you are unsure, their waiting period is three months and those who have not menstruated too, and the pregnant, their waiting period, is until they give birth. And whoever fears Allah, Allah will make his affair easy for him. 

This ayah specifically mentions the waiting period for pregnant women, and it also refers to the waiting period for widows and other types of women. Thus, it is a specific statement about pregnant women and general about widows and other types of women. Thus, the generality of the first ayah is specified by the second statement. Hence, pregnant women are not included in the generality of the first ayah. Their waiting period is until they give birth, even if they are widows or other types of women. And Allah knows best. 

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat By Imam al-Harmayn Al-Juwayni [Part 17]
English translation, and newfangled commentary on Imām al‑Ḥaramayn al‑Juwaynī’s Kitāb al‑Waraqāt fī uṣūl al‑fiqh
The Noble Quran Surah an-Nahl English Translation and Tafsir 
Usul Al-Fiqh 

Types of Abrogation in Islamic Law

 

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat By Imam al-Harmayn Al-Juwayni [Part 17]

With regard to abrogating the written utterance and the rule, abrogation in Islamic law is divided into three types: 

1) Abrogation of the written utterance while the rule is retained. 

For example, Umar narrated, may Allah be pleased with him, “Beware of not applying the rule of ayah of the stoning of the adulterer and adulteress. Someone may say, ‘We do not find these two rules in the Quran, i.e. stoning the adulterer and the adulteress.’ Verily, Messenger Muhammad [peace be upon him] stoned them, and we stoned them after him. By the One in whose my soul is, Allah, had it been that people would say, ‘Umar added an ayah to the Quran, I would write it [If an old man and woman commit adultery, absolutely stone them.) Indeed, we have read it in the Quran.” 

2) Abrogation of the rule while its written utterance is retained.

 For example, the rule mentioned in ayah 240 is abrogated by the rule mentioned in ayah 234 in surah al-Baqarah.

 Allah says, interpretation of the meaning, 

2:240 And those of you who die, leaving wives, let them make bequeath for their wives, provision for a year…

2:234 Those of you who die, leaving wives, their wives shall wait four months and ten days… 

Ayah 240 says that the waiting period for a widow is a year. Then, this rule is abrogated by the rule mentioned in ayah 234, which says that the waiting period for a widow is four months and ten days. 

The utterance of the abrogated and the abrogating rule exists in the Quran.

Someone may say, ‘What is the rationale behind abrogating the rule while its written utterance is retained?’

The answer is as follows:

1) The reciter of the Quran will be rewarded for reciting the ayah though the rule therein is abrogated. 

2) Reminding the Muslim nations of the rationale behind the abrogation. 

3) Abrogation of both the written text of the ayah and the rule

For example, Aisha, may Allah be pleased with her, narrated, “Among the ayat that were revealed in the Quran was the ayah of suckling. It says that marriage is unlawful between a child, who sucks ten suckling, and another child, who was breastfed by the same woman. Then this rule was abrogated by another rule that says five known suckling. The ayah of suckling used to be recited in the Quran when Messenger Muhammad died.” 

(The ayah of suckling used to be recited in the Quran when Messenger Muhammad died.) This means that the ayah abrogating ten suckling to five suckling was revealed too late to the extent that some believers kept on reciting it as part of the Quran as they did not know about its abrogation. 

 In other words, the written text and the rule of the ayah that says that marriage is unlawful by ten suckling was abrogated. On the other hand, the written text of the ayah that says the marriage is unlawful by five suckling is abrogated, but the rule was retained.

Abrogation of a Rule by a Substitute Rule

1) It is permissible to abrogate a rule by a substitute rule, namely, abrogating a rule by another rule.

For example, the rule to face Jerusalem when praying was abrogated by requiring to face the Holy mosque in Makkah when praying.

 2) It is permissible to abrogate a rule without any substitute rule. 

For example, the rule requiring giving charity when having a private consultation with Messenger Muhammad [peace be upon him], which is mentioned in surah [58:12] was abrogated by [58:13]. However, no substation is mentioned in the abrogating ayah [13] for giving charity, which is required in ayah 12]

 Allah says interpretation of the meaning,

 58:12 O you who believe, when wanting to have a private consultation with Allah’s Messenger, then give charity before your consultation. That will be better for you and purer. Yet if you find no means, verily, Allah is All-Forgiving, the Most Merciful. 

The rule to give charity before having a private consultation with the Messenger of Allah, which is mentioned in [58:12], is abrogated by [58:13, which does not mention any substitution for giving charity.

 58:13 Are you afraid of giving charity before your consultation? If you have not done so and Allah has forgiven you, then constantly perform the prayer, give zakat, and obey Allah and His Messenger. And Allah is All-Aware of what you do. 

Types of Abrogation by a Substitute Rule 

1) The abrogating rule is lighter than the abrogated rule. 

For example, the waiting period for a widow was a year. Then, the rule was abrogated by another rule, which says that the waiting period for a widow would be four months and ten days.

2:240 And those of you who die, leaving wives, let them make bequeath for their wives, provision for a year…

2:234 Those of you who die, leaving wives, their wives shall wait four months and ten days… 

2) The abrogating rule and the abrogated rule are equal concerning difficulty and easiness.

For example, the rule to face Jerusalem in the prayer was abrogated by another rule, which says that the believers must face Makkah in the prayer. Facing Jerusalem is equal to facing the Kaaba in Makkah concerning difficulty and easiness. The believers need only to change the direction when praying.

3) The abrogating rule is more difficult than the abrogated rule. 

For example, abrogating the rule that it is permissible to choose between fasting the month of Ramadan and not fasting it and offering compensation for not fasting. This rule was abrogated by making fasting of Ramadan obligatory for Muslims. 

Allah says, interpretation of the meaning, 

2:184 Fasting is on certain days. So, whoever of you is sick or on a journey, then an equal number of days should be made up. And those who can fast it with difficulty should pay a ransom, feeding a needy person. Whoever volunteers, it will be better for him and if you fast, it will be better for you if you know. 

At the beginning of the ayah, it was permissible for a believer to fast the month of Ramadan or not fast it and pay a ransom for not fasting by feeding a needy person. 

This rule was abrogated by making fasting the month of Ramadan obligatory on the believers who witness the month of Ramadan and can fast it and not travelling. 

Types of Abrogation in Respect of the Abrogating Rule

Abrogating the Quran by the Quran and abrogating the Sunnah by the Sunnah

1. Abrogating a rule in the Quran by a rule in the Quran. 

For example, the rule mentioned in ayah 2:240 is abrogated by a rule mentioned in ayah 234, which are above-mentioned. 

2. Abrogating a rule in the Sunnah by a rule in the Quran

For example, abrogating the rule, which makes obligatory to face Jerusalem when praying, which was confirmed by the Sunnah. This rule was abrogated by a rule, which makes obligatory to face the Kaaba in Makkah, which was confirmed by the Quran. Allah says, interpretation of the meaning, 

2:144 We have seen the turning of your face to heaven. So, We shall surely make you turn towards a qiblah, which shall please you. So turn your face toward the Sacred Mosque. And wherever you may be, turn your faces towards it…

3. Abrogation of a rule mentioned in the Sunnah by a rule mentioned in the Sunnah 

For example, Messenger Muhammad [peace be upon him] said, ‘I forbade you from visiting the graves, but you may visit them now.’  

The Sunnah confirmed the first rule of forbidding visiting the graves. Then, the Sunnah also confirmed the second rule permitting visiting the graves. 

Mutawatir narration is a successive narration, which is conveyed by narrators so numerous that it is inconceivable that they have agreed to lie. 

The entire Quran is mutawatir. The Sunnah of Messenger Muhammad is either mutawatir or ahaad. 

Ahaad narration is a narration that is not mutawatir.

a. The majority of scholars of jurisprudence maintain that is possible that a rule mentioned in a mutawatir Sunnah abrogates a rule mentioned in the Quran. That is because mutawatir Sunnah is a revelation from Allah that Messenger Muhammad conveyed.

b. It is possible that a rule mentioned in a mutawatir Sunnah abrogates another mutawatir Sunnah.

c. It is possible that a rule mentioned in a mutawatir Sunnah abrogates ahaad narration.

d. It is possible that a rule mentioned in ahaad Sunnah abrogates a rule mentioned in ahaad narration.

e. It is impossible that a rule mentioned in an ahaad narration abrogates a rule mentioned in the Quran. 

Summary of Types of Abrogation of the Quran and the Sunnah

a) The abrogating rule is equal to the abrogated

1. Abrogating a rule mentioned in the Qur’an by a rule mentioned in the Qur’an.

2. Abrogating a rule mentioned in a mutawatir Sunnah by a rule mentioned in a mutawatir Sunnah.

3. Abrogating a rule mentioned in ahaad Sunnah by a rule mentioned in ahaad Sunnah. 

b) The abrogating rule is superior to the abrogated

1. Abrogating a rule mentioned in ahaad Sunnah by the Qur’an.

2. Abrogation a rule mentioned in ahaad Sunnah by mutawatir Sunnah.

3. Abrogating a rule mentioned in mutawatir Sunnah by the Qur’an. 

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat By Imam al-Harmayn [Part 16]
English translation, and newfangled commentary on Imām al‑Ḥaramayn al‑Juwaynī’s Kitāb al‑Waraqāt fī uṣūl al‑fiqh
The Noble Quran Surah Yusuf English Translation and Tafsir
Al-Juwayni
Introduction to Tafsir of Surah al-Fatihah