Group members:

 Mohamad Ridzuan bin Mat Husin

 Muhammad Firdaus bin Ali
 Mohamad Luqman bin Hadas @ Hadis
 Sadiiq bin Ahmed Puzy.
 Composed of two terms:
 Usul – literal: basis, origin, root,foundation and
sources. Technical: Something from which
another things originates, or something upon
which another thing is constructed.
 Fiqh – understanding and knowledge of law.
Knowledge of the legal rules (hukm or ahkam al
– shari’ah) , pertaining to conduct which has
been derived from their specific sources
 Usul fiqh – principles or methodology used by
the jurist (mujtahid) in his effort at deducing the
rules from the sources
 Wajib/fardh (obligatory)
 Mandud (recommended)
 Ja’iz (permissible)
 Makruh (abominable)
 Haram (prohibited
 Itis a binding demand from Allah
addressed to the mukallaf in respect of
doing something.
 Doing something wajib/fardh will leads
to reward, while leaving it leads to
punishment in the world or the Hereafter.
 Examples: five daily prayers, paying
zakat, fasting in the month of ramadhan.
A demand of Allah which asks the
mukallaf to do something which is
however, is not binding.
 By complying with demand, a mukallaf
will earns rewards but no punishment
will be given if it is not done.
 Examples: give sadaqaah to the
needy,give salam
 Permissible, its concerning the conduct
of the mukallaf which gives him the
option, to do or not to do it.
 No reward or punishment for doing or
leaving it. However, the hukm may
change according to intention of doing it
and leaving it.
 Example: eating and drinking the lawful
foods, entertainment.
A demand of Allah which requires the
mukallaf to avoid from doing something
but not binding.
 Leaving something makruh is preferable
 Committing something makruh will not
be punished.
 Example: eating unpleasant foods such
as raw onion and garlic, talaq (divorce)
A demand of Allah in respect of
abandoning something.
 Doing something haram is punishable
either in the world or Hereafter, while
leaving it is rewarded.
 Example: riba, murder, drinking alcohol
drinks, adultery.
1. Cause (sabab)
2. Condition (shart)
3. Hindrance (mani’)
4. Strict and concessionary law (azimah
and rukhsah)
5. Valid,irregular and void (sahih,fasid and
batil)
 It is the cause on the basis of which a
primary rule is invoked or established .
 Its presence necessitates the presence of
the hukm and its absence means the
hukm also absent.
 Example: the month of ramadhan is the
cause for the obligatory of fasting.
 Itsexistence must take place before the
invoking the related hukm.
 The absence of its necessitates the
absence of the hukm.
 Example : The ablution is a necessary
condition of salah
 The presence of it prevent the hukm from
being applied even if the cause is found
and the condition is met.
 Example: Being in debt prevent the cause
of zakat, when woman in their period,
they are prohibited from performing
salah
 The law-giver may indicate that one
hukm is to be considered as an
obligation imposed initially as a general
rule (azimah).This may be followed by
another rule that is exemption (rukhsah)
 Example: It is obligatory to perform solat
zohor with 4 rakaat,however, it is allowed
to shorten and combine it with solat asar
in travelling.
 An act may be required to be performed in
certain manner by the law-giver. If it is
performed properly, it is considered as
valid or otherwise it might be the irregular
or null or void.
 Example: Performing salah, if the salah
performed perfectly,it is valid and we will
be rewarded. However, if we did not
perform the salah with khusyuk, our salah
will still valid but we will not be rewarded.
On the other hand, if we did not the
requirement of salah, our salah will be void.
Means: Book containing the
words of Allah revealed to Example (5:6):
prophet through angel
‫ا‬ً ً‫ب‬ ‫َي‬
ِ ََ ‫ا‬ً ‫د‬‫َي‬ِِ َ
َ ۟ َُّ َّ‫ُوا َما ٓ ًء فَت ََيَ م‬
‫اا‬ ۟ ‫فَلَ ْم ت َ ِجد‬
Jibrail AS in Arabic and
transmitted to us by
tawatur and its recitation “when there was no water
is considered as an act of then you shall
ibadah. tayammum with pure
dirt”
All jurist unanimously
agreed that al-Quran is
the first and main
source of Islamic law
Means: all what is Roles of Sunnah:
narrated from the  Sunnah explains and
Prophet Muhammad elaborates that concise
SAW including his injunctions of the Quran
action, sayings, and  The Sunnah qualified
(muqayyadah) the
whatever he has tacitly
unqualified (mutlaq) verses
approved of Al-Quran and specify
(takhsis) the general
(‘amm) injunctions of Al-
Quran.
 The Sunnah may enact a
ruling on which the Quran
silent about it.
 Consensus, that is, acceptance of a matter by a specific
group of people.
 The group involved in deciding ijma’:
 All Muslim of all time
 All Muslim of a particular times
 All mujtahidin who avoid innovation including those who
may not be muttaqin (righteous and God-fearing)
 Majority of all mujtahidin
 All mu'minin
 All companions of the Prophet
 Mujtahidin of Makkah and Madinah (or Kufa and Basra)
 Mujtahidin of Madina
 The first four khulafah or the first two khulafah
 Types of ijma’
 Explicit (ijma' 'azima or ijma' qawli). This type of ijma' takes
place as follows: A question arises and people express their
different views. Then there is discussion on these views and
finally a common position is agreed upon.(13)

 Silent (ijma' rukhsat or ijma' sakuti). If an opinion is
expressed by some and their contemporaries, after learning
about it, have made no comments either in favor or against,
then we have what is known as silent ijma'.(14)

 Unknown opposition ('adam al-ilm bi al-mukhalif). This
situation occurs when a view generally held but it is not
known whether or not there are experts who disagree with
it.(15)

 Absolute (ijma' qat'i). This is ijma' on a matter in which there
never has been any sustained difference (ikhtilaf mustaqar)
and which is established with tawatur (continuity), that is, we
can show that all generations of Muslims or Muslim
mujtahidin agreed on the matter.(16)
School of Formation of Ijma’ Rationale
Jurisprude
nce
Hanafi Through public agreement of The jurist are expert on legal
Islamic jurist matter
Maliki Through agreement among Islamic tradition says “Medina
the resident of Medina, the expels bad people like the
first Islamic capital furnace expel impurities from
iron
Shafi’I Through agreement of the The people cannot argue on
entire community and public anything erronous.
at large.
Hanbali Through agreement and They were the most
practice of Rasulullah’s knowledgeable on religious
Companion matter and rightly guided.
 the extention of a  Condition of Qiyas
 Must not contradict a stronger
Shari'ah ruling from an
evident i.e Quran, Hadith, and
original case (Asl) to a Ijma’
new case (Far') because  The reason for the ruling must
the new case has the be established by a clear text
 The ruling of the asl (original
same effective cause matter) must have a known
(Illah) as the original reason
case.  The illah (cause) must agree
 Pillar of qiyas with the ruling
 The illah certainly must be
 Original case (asl) present in the far’ (new case)
 New case (far’) just a sit in the asl.
 Effective cause (illah)  There should be no hindrance
 Rule (hukm) which prevents far’ from being
given the same ruling as the asl
 Types of Qiyas
- first Type
 DEFINITIVE (QAT’I)
 -When 2 conditions are met:
 (i) Mujtahid is fully convinced about the ‘illah he has
found asl.
 (ii)That exactly the same ‘illah is found in the far’
meaning there are no distinctive attributes.E.g.:
Proscription of saying “fie” to the parents.
 PROBABLE (ZANNI)
 The same conditions, when reversed, need to be
fulfilled in the case of zanni qiyas.
 When the mujtahid is not certain about ‘illah in either
or both cases, qiyas is said to be probable. .g.
assignment of the hukm of riba from food item to
watermelon on the basis of “food value” as ‘illah.
 Additional Type

Hanafis classify analogy into:

(i) Qiyas Jali (Manifest analogy)
- When the underlying cause can be
discovered with relative ease and jurist
does not have to ponder too much over the
attributes of the ‘illah.
(ii) Qiyas Khafi (Concealed analogy -
Istihsan)
-When the ‘illah is less apparent and the
jurist has to expend considerable effort to
discover it.
 Second type
QIYAS AL-AWLA
- Where the ‘illah is more evident in the new case than the original
case.
- Example : Surah al-Isra’ 17:23
QIYAS AL-MUSAWI
- ‘Illah in this type of qiyas is equally effective in both the new and
the original case.
Example
In case of a container which is licked by a dog it must be washed 7
times.
This rule is applicable to a container being licked by a swine.
QIYAS AL-ADNA
- When ‘illah is less clearly effective in the new case than the original
case.
- Example : Riba prohibits the exchange of wheat and other specified
commodities unless they are equal and delivery is immediate. By
analogy the rule of riba is applied to apples since both are edible
(Shafi’is) and measurable (Hanafis). Though the apples unlike wheat
are not a staple food (‘illah)
 Reasons (al-Maeda:6)
Touching ajnabi
women after
performing wudhu’
•Shafi’I -Break the
wudhu’ even with the
wives.
•Maliki – Break the
wudhu’ if its for the
purpose of carnal
desire.
•Hanbali- Same with Shafi’i- literal meaning
Maliki Hanafi- Interpret the words touch as
•Hanafi – Merely touch coitus
does not break the Maliki and Hanbali –Bring together
wudhu’ -
the
hujah of Hanafi and Shafi’i
 Imam Hanafi & Shafi’i
Use Qiyas as fourth source of shariah
after ijma’
Imam Hanafi extended the rigid
principle of basing ruling on the
Quran and Sunnah to incorporate
opinion and exercise of free thought
by jurist.
Imam Shafi’I accepted qiyas but
considered it a weak source and limit valid as last resort if the answer is not
the cases using qiyas.
Imam Malik & Hanbali
Rejected the use of Qiyas but later on
granting the full acceptance of it.
Imam Ahmad bin Hanbal rejected
the use of Qiyas as arguing that
personal opinion on law making
would make each person make
subjective conclusion.
But, they both accepted Qiyas as
found on the other source.
 Based on ayat:

Means: Method of
exercising personal
opinion (ra’y) in
order to avoid any
rigidity and
 "Allah desires you ease and
unfairness that
good, not hardship“ 2:185
might result from
 Type of istihsan.
literal application of
1. Through text (Nass)
law. 2. On the basis of consensus (Ijma’)
Applied by: 3. On the basis of custom (Urf)
Hanafi and 4. On the basis of necessity (Darurah)
Maliki(Istislah). 5. On the basis of analogy (qiyas
khafi)
6. On the basis of benefit (Maslahah)
Example of istishab: Means: Continuation of
People that is missing is what is established or
considered alive until there the negation of what
is an evidence that he is does not exist until
dead.
there is evidence of a
change of state.
Type of istishab:
1. Istishab al-adam al-asli
2. Istishab al-wujud al-asli
Considered as proof by
3. Istishab al hukm maliki and shafi’i
4. Istishab al wasf.
 Example Based on quranic verse
(6:108):

Literal meaning:
Blocking the
means
Meaning:
Blocking the
means to an
expected The result: The person will insult Allah
end(evil) which as a result.
is likely to The means: Insulting the person who
materialize if invoke other than Allah.
the means Thus, by using sadd al dhara’i, it is
toward it is not prohibited to insult other worshipper
obstructed.
Types of dhara’i:
 Means that definitely lead to
evil.
 Means which is likely lead
to evil and is rarely, if ever,
lead to benefit.
 Means which frequently
lead to evil but in most
cases will not happen either
on certainty or probability.
 Means which is rarely lead
to evil and it is most likely to
lead to benefit.
Juridistic view:
 Hanafi and Shafi’I
Did not use sadd al dhara’I as
principle of jurisprudence
but use other source such as
Qiyas, Istihsan(Hanafi) and
Urf instead.
 Maliki and Hanbali
Approve sadd al dhara’I as a
proof of shariah. Maliki jurist
say “repelling of injury is
accorded greater weight
than the securing of benefit”
Literally means: Based on general ayat (5:6):
benefits or interest
Means: consideration
which secure the
benefits or prevent
harm but is in
harmony with the
aim and objective of
shariah. (al Ghazali)

 Similar to istislah
“Allah does not intend to
make difficulty for you”
Types of maslahah: Example:
 Maslahah al Dharuriyat Daruriyat: Death penalty for
(the essential) premeditated murder.
 Maslahah al Hajitat (the
Hajitat: permission of the sick
to not fasting.
complimentary) Tahsiniyat: Building of grand
 Maslahah al Tahsiniyat mosque.
(the embellishment)
Condition of using maslahah
Five right of shariah: mursalah:
 Protection of faith  The benefit must genuine in
 Protection of lineage protecting the five right of
 Protection of life shariah.
 Protection of property  The benefit must be for the
 Protection of intellect
people as a whole and not
selected few. (Kulliyah)
 View on opinion/fatwa of single
companion:
 Qawl al Sahabi is a proof (hujah) and
must be followed. Based on Quran
(3:110) and hadith from rasulullah.
Means: Opinion that “My Companions are like stars, whoever
the companion that you will follow will lead you to the
has achieved by right path”
ijtihad.

 Jurist unanimously
agreed qawl al
sahabi is a proof
and binding if it is
accepted by all
other companion The Quran praise them as the best ummah
(ijma’) as such their example command
authority and respect.
This view is supported by Imam Malik, one
view of two views of Imam Shafi’I and
Imam Hanbal and Hanafi jurist.
 Qawl al Sahabi is not a proof
and does not bind the
succeeding generation of
mujtahidun or anyone else.
Supported by Imam Shafi’I (one
of two views) and Hanafi
jurist.
Based on Quranic verse (59:2)
This verse make ijtihad
obligatory for everyone
competent for it and make no
distinction whether the
mujtahid is companion or
anyone else.
 Fatwa al Sahabi is a proof
when it conflict with qiyas but
not so when it agrees with it.
Supported by Imam Hanafi,
Imam Malik, Qaul Qadim
Imam Shafi’I and Imam
Hanbali (strongest view).
The reason:
 When fatwa sahabi conflict
with qiyas, it is usually for a
reason and indicate the
weakness of the qiyas.
 If it agrees with qiyas,it is not
a separate authority but
merely concur with it.
Juristic view:
 Majority of Hanafiyah,
Malikiyah and some
Shafi’iyah jurist and Imam
Ahmad bin Hanbal agreed
that if the earlier law is sent
to rasulullah by Quran and
not by their old divine book
and not contradict with
another nash, Muslims are
obliged to follow it.
 Mu’tazilah, Shiah and some
Shafi’iyah jurist believe that
law before Islam is not
become a law for Rasulullah
and his ummah.
Means: The rules ordained
by Allah for the nations
before the muslim
ummah through their
prophet and apostle.
Types of earlier law:
 Rules that are repeated by
Quran or Sunnah and are
made obligatory for
Muslims
 Rules that are described
by Quran and Sunnah but
have been repealed.
 Rules that are mentioned
by Quran and Sunnah but
there is no evidence
whether to follow or not.
Example of earlier law:  Hujjah from the first
 Fasting during view, al nahl (16:123)
ramadhan (2:183) ‫ث ُ َّم أ َ ْو َح ْينَا ِإلَ ْي َك أ َ ِن ات َّ ِب ْع ِملَّةَ ِإ ْب َرا ِهي َم‬
 Prohibition to eat meat َ ‫َان ِم َن ا ْل ُُمْ ِْر ِك‬
‫ين‬ َ ‫َحنِيفًا ۖ َو َما ك‬
for the jews. “Then, we revealed to you
(was repealed by al an’am (Muhammad) to follow the
6:146) religion of Abraham”
 Hujjah from the second
 Qisas
view, al maidah (5:48)
(mentioned in al maidah,
5:45 but there is no
evidence whether or not
it is to be followed)