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  An Essay Concerning Usul ul-Fiqh
Author: Shaykh ’Abdur-Rahmaan ibn Naasir as-Sa’dee
Source: Risaalah Lateefah Jaami’ah fee Usoolil-Fiqhil-Muhimmah
Article ID : FQH010001  [33451]  
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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.


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