All praise belongs to Allaah. So we praise Him for what He possess from His beautiful Names and lofty and perfect Attributes; and for His Judgement and Decree which encompasses everything in existance; and for His Divinely Prescribed Laws which encompass every field of legislation; and His Judgement concerning rewards for the doers of good, and punishments for the criminals.

I testify that none has the right to be worshipped except Allaah alone, who has no partner in His Names. Attributes or Judgement. And I testify that Muhammad is His Slave and Messenger; who clarified the Judgement and the rulings, made clear the halaal (lawful) and the haraam (prohibited), and established the fundamentals and expounded upon them - until the Religion was completed and establsihed firmly. O Allaah extol annd send the blessings of peace upon Muhammad, and upon his family, his Companions and those that follow them, particularly the Scholars.

To proceed: This is a brief essay concerning usoolul-fiqh (fundamentals of jurisprudenec), uncomplicated in wording, clear in meaning, and useful in learning its rulings for whosoever contemplates its meanings. We ask Allaah that He benefits both its compiler and its reader. Indeed He is the Most Generous.

CHAPTER [ONE]

Usoolul-Fiqh: it is the science concerning the comprehensive evidences of fiqh. Since fiqh consist of either [i] masaa‘il (issues) concerning which the ruling by o­ne of the five rulings is sought, or [ii] it is the dalaa‘il (evidences) employed in extracting and determining these masaa‘il (issues). So fiqh is actualy knowledge of the masaa‘il (issues) and the dalaa‘il (evidences).

These dalaa‘il (evidences) are of two types:-

[i]: Comprehensive evidences that encompass every ruling - from the beginning to the end of fiqh - of a single kind; such as our saying: “al-amr lil-wujoob (a command is indicative of an obligation).” Or: “an-nahee lit-tahreem (a forbiddance is indicative of a prohibition).” And other similar evidences. So these are part of usoolul-fiqh.

[ii]:Detailed evidences that are to be understood in the light of the comprehensive evidences. So when such is completed, then the ahkaam (rulings) can be resolved.

Thus, the ahkaam (rulings) are in need of their detailed evidences, and the detailed evidences are themselves in need of comprehensive evidences. So by this, we recognise the need and the necessity of knowing usoolul-fiqh, and that it aids in the understanding of fiqh itself, and that it is the foundations for deducing and making ijtihaad in the ahkaam (rulings).

CHAPTER [TWO]

The ahkaam (rulings) upon which fiqh revolve are five:-

[1]: Waajib (obligation): that for which the o­ne who performs it is rewarded, whilst the o­ne who abandons it is punished.

[2]: Haraam (prohibition): this is the opposite of an obligation.

[3]: Masnoon (recommended): that for which the o­ne who performs it is rewarded, whilst the o­ne who leaves it is not punished.

[4]: Makrooh (detested): this is the opposite of a recommendation.

[5]: Mubaah (permissible): this is where both (its doing or leaving) are equivalent.

Those rulings which are waajib (obligatory) are divided into two catagories: fard ’ayn (individual obligation), the doing of which is sought from every mukallaf (morally responsible), baaligh (mature) ’aaqil (sane) person. The majority of the Sharee’ah rulings enter into this catagory. The second is fard kifaayah (collective obligation), the performance of which is sought from the morally responsible collectively, but not from every individual specifcally; such as the learning of the various branches of useful knowledge and useful industries; the adhaan; the commanding of good and forbidding of evil; and other similar matters.

These five rulings differ widely in accordance with its state, its levels and its effects.

Thus, whatever is of pure or of overwhelming maslah (benefit), then the Shaari’ (Lawgiver) has commanded its performance with either an obligation or a recommendation. Whatever is of pure, or of overwhelming mafsadah (harm), then the Lawgiver has stopped its doing with either an absolute prohibition or dislike. So this asl (fundamental principle) encompasses all matters commanded of prohibited by the Lawgiver.

As for those matters which the Lawgiver has permitted and allowed, then at times they lead to that which is good, and so are joined to those matters which have been commanded; and at other times they lead to that which is evil, and so are joined to those matters which are prohibited. So this is a great asl that: “al-wasaa‘ilu lahaa ahkaamul-maqaasid (the means take o­n the same ruling as their aims).”

From this we learn that: “maa yatimmul-waajib illaa bihi fahuwa waajib (whatever is required to fulfill an obligation is itself an obligation).” Likewise, whatever is required to fufill a rmasnoon (recomendation) is itself recommened. Whatever leads to the establishment of a haraam (prohibition) is itself prohibited. And whatever leads to the establishment of a makrooh (detested act) is itself detested.

CHAPTER [THREE]

The adillah (evidences) that fiqh is derived from are four:-

The Book and the Sunnah, and these two are the foundation by which the mukallafoon (the morally responsible) are addressed, and upon which is built their Religion. Then ijmaa’ (consensus) and al-qiyaasus-saheeh (sound and correct analogy), these two are derived from the Book and the Sunnah. So fiqh - in its entirety - does not leave the realms of these four usool (fundamentals).

The majority of the important ahkaam (rulings) are indicated to by these four adillah (evidences). They are indicated to by the nusoos (texts) from the Book and the Sunnah; and the Scholars have ijmaa’ (consensus) about them, and they are indicated to by qiyaasus-saheeh (sound and correct analogy); because of what they entail of benefit, if it is a command; or what they contain of harm, if it is a forbiddance. Very few of the ahkaam have been differed over by the Scholars. In such cases the closest of them to the truth is the o­ne who correctly refers back to these four usool.

CHAPTER [FOUR] CONCERNING THE BOOK AND THE SUNNAH

As for the Book: It is al-Qur‘aanul-’Adheem (the Great Qur‘aan), the Kalaam (Speech) of the Lord of the worlds, which was sent down by the Trustworthy Spirit upon the heart of Muhammad the Messenger of Allaah sallallaahu ’alayhi wa sallam, that he may be from the warners to the whole of mankind - in the clear arabic tongue - regarding all that they stand in need of with regards to what benefits them concerning their Religion and their world. The Book of Allaah is that which is recited by the tongues, written in the masaahif (copies), and preserved in the hearts; regarding which: “No falsehood can approach from before or from behind it, it was sent down from the All-Wise, the o­ne deserving of all praise.”[Soorah Fussilat 41:42].

As for the Sunnah: It is the Prophet sallallaahu ’alayhi wa sallam’s aqwaal (sayings), af’aal (actions), and his taqreer (tacit approvals) of the sayings and actions of others.

The ahkaamush-shar’iyyah (Sharee’ah rulings) are sometimes taken from a definite text of the Book and the Sunnah; which is defined as that text possessing a clear meaning, which may not have any other meaning, except that single meaning. Sometimes it is taken from the dhaahir (apparent) meaning; which is defined as that which is indicative of the meaning, in a general manner, both through wording and meaning. Sometimes it is taken from the mantooq (explicit meaning); which is defined as being that which is indicative of the ruling due to the wording of the text. Sometimes the ahkaamush-shar’iyyah is taken from the mafhoom (implied meaning); which is defined as that which is indicative of the ruling due to being in agreement with the text; in cases where the mafhoom is equal to, or stronger than the mantooq. Or by divergent meaning if the mafhoom differs from the mantooq in its ruling; whereas the mantooq is linked to a wasf (attribute) or a shart (condition), in the absence of which the ruling differs.