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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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Likewise, whatever the creation are in need of, then it has not been made haraam (prohibited) to them. As for the khabaa‘ith (evil matters), which have been made haraam, then if the servant is in need of that (due to a necessity), then there is no sin in using it. This is because daroorah (necessity) allows those matters which are fixed and prohibited. And daroorah is measured by its need, in order to lessen the evil. Thus, daroorah permits the use of what is normally forbidden from food, drinks, clothing, and other than them.

[4] And from them: “Al-umooru bi maqaasidiha [matters are judged by their motives].”

Entering into this are the ’ibaadaat and the mu’aamalaat. Likewise, the prohibition of employing forbidden hiyaal (means and strategems) is derived from this asl. Likewise, is directing those words which are kinaayaat (not clear and unequivocal) to be sareeh (clear and equivocal) is based upon this asl. Its forms are very many indeed.

[5] And from them: “Yukhtaaru ’alal-maslahatayn wa yartakab akhafal-mufsadatayn ’indat-tazaahum [select the higher of the two benefits, or incur the lesser of the two harms when faced with them both].”

Upon this great principle many issues are built. So when the benefit and harm are both in equal proportion, then: “dar‘ul-mafaasid uwla min jalbil-masaalih [repelling harm takes precedence over procuring benefits].”

[6] And from this is the principle: “Laa tutimmul-ahkaam illaa bi wujoodi shurootiha wa intifaa‘ mawaani’iha [rulings are not complete except with the presence of their conditions and the negation of their impediments].”

This is a tremendous principle, upon which is built - from the issues, rulings and other matters - many things. So whenever a shart (condition) for ’ibaadaat (acts of worship), or mu’aamaalaat (social transactions), or establishment of rights is not present, then the ruling is not correct, nor is it established. Likewise, if its mawaani’ (impediments) are present, then it is nor correct, nor is it legally valid.

The shuroot (conditions) for ’ibaadaat and mu’aamalaat are: all those matters upon which the validity of such ’ibaadaat and mu’aamalaat rest. And these shuroot are known by a thorough and detailed study of the Sharee’ah. Due to this asl, the fuqahaa were able to enumerate the faraa‘id (obligations) of the various ’ibaadaat, and its shuroot (conditions). Likewise, by it they were able to determine the various shuroot (conditions) and mawaani’ (impediments) for the mu’aamalaat.

As regards al-hasr (collecting and enumerating): it is establishing a ruling for something, whilst negating it from something else. By it, the fuqahaa are able to determine the shuroot of various things and matters, and that what is other than it, then the ruling is not affirmed for it.

[7] And from it is their saying: “al-hukm yuduru ma’a ’illatihi thabootan wa ’adaman [the ruling revolves around its effective cause in both affirmation and negation].”

So when the ’illatut-taamah (complete effect cause) - which it is known theat the Shaari’ has linked the ruling to it - is present, then the ruling is present; and when it is absent, then the ruling is not established.

[8] And from them is their saying: “al-aslu fil-’ibaadaat al-hadhru illaa maa waradah ’anish-shaari’ tashree’ahu, wal-aslu fil-’aadaat al-ibaahaa illaa maa waradah ’anish-shaari’ tahreemahu [the basic principle concerning acts of worship is prohibition, except what is related from the Lawgiver regarding its legislation, and the basic principle regarding customs and habits is permissibility, except what is related from the Lawgiver regarding its forbiddance].”

This is because al-’ibaadah (worship) is what the Lawgiver has prescribed; either as an obligation, or a recommendation. Thus, whatever steps out of this is not considered to be an act of worship. And beacuse Allaah created for us all that is upon the earth, so that we may benefit from all things and utilise them, except those things that the Lawgiver has made haraam (unlawful) to us.

[9] From them: “idhaa wajidat asbaabul-’ibaadaat wal-huqooq thabatat wa wajibat illaa idhaa qaaranahl-maani’ [if the cause for acts of worship are present, they are confirmed and oblugatory, except if linked by a prevention].”

[10] And from them: “al-waajibaatu talzimul-mukallafeen [obligations obligate the morally responsible].”


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