•USHUL FIQH 1 •INTRODUCTION TO USHUL FIQH •CONTENT

1.  The Definition Of Ushul Fiqh

2.  Distinction between Fiqh And Ushul Fiqh

3. The Goals of Studying Ushul Fiqh

4. The Urgency of Ushul Fiqh nowadays

5.  The Method Of Studying Ushul Fiqh

6.  The Scope Of Ushul Fiqh

•1.  The Definition Of Ushul Fiqh

Ushul>Ashl

1. dalil  =evidence/proof

2. asas  =foundation

3. mustashhab  =original rule

4. qa’idah  = a general principle

Fiqh>

= Al-Fahm al-daqiq= A deep understanding

> It is the knowledge of the shar’i ahkam (legal rules), pertaining to conduct, that have been derived from their specific evidences.

Ushul Fiqh>

= They are the principles by the use of which the Mujtahid derives the legal rules of conduct from the specific evidences.

•2.  Distinction between Fiqh And Ushul Fiqh

The goal of studying fiqh and ushul fiqh is the same i.e. deriving the legal rules of conduct, however, ushul fiqh explains the methods of concluding the legal rules, while fiqh concludes them based on the methods that have been described by ushul fiqh.

•3. The Goals of Studying Ushul Fqih 1.To know the basics of the mujtahid. 2.To study principles that needed by the Mujtahid. 3.To know the sources of the hukm Shar’i. 4.To be able to conduct muqaranatul madzahib al-fiqhiyah (comparative study on legal cases) 5.To derive the legal rules of conduct from the specific evidences. ● •4. The urgency of Ushul Fiqh nowadays 1.Ijtihad is still needed, because the texts of the Qoran and the Sunnah are limited while human being’s activities are not limited. And ijtihad can not be done without ushul fiqh. 2.Ushul fiqh is also needed by those who are not able to do ijtihad for knowing the defects of the ulamas views and their basic madzhab (school). 3.Ushul fiqh is needed by those who want to know the legal rules and also who are in charge in the conventional legislation.   •5.  The Method Of Studying Ushul Fiqh

1. The method of Mutakallimun: Based on the making of jurisprudencial principles that strengthened by proofs without paying attention to their suitability or insuitability with the furu’ fiqhiyah (legal cases) which come from ulamas.

Books based on this method: al-Burhan by Imam al-Haramain, al-Mustasfa by al-Ghazali and al-Mu’tamad by Muhammad bin ali al-Basri.

2. The method of Hanafi: Based on the making of jurisprudencial principles that strengthened by proofs with paying attention to their suitability with the furu’

• •

fiqhiyah (legal cases) which come from ulamas.

Books based on this method: al-Ushul by al Jashshosh, al-Ushul by al-Dabbusi and al-Ushul by al-Bazdawi.

3. The combined of two methods above: Based on the making of jurisprudencial principles that strengthened by proofs some times with paying attention to their suitability or insuitability with the furu’ fiqhiyah (legal cases) which come from ulamas.

Books based on this method: Badi’ al-Nidhom by al-Sa’ati al-Hanafi, al-Tanqih wa syarhuh al-Taudhih by sadr al-Syari’ah and Syarh al-Taudhih by al-Taftazani al-Syafi’i.

•6.  The Scope Of Ushul Fiqh
1.The Hukm shar’i (Islamic Law). 2.The sources of the Hukm shar’i. 3.The methods of deriving the Hukm shar’i. 4.The mujtahid (who derives the Hukm shar’i). •