Course Description


Fiqh V (Usool al-Fiqh)
 

Note: This course is not available yet. It will be introduced as part of the 5th semester of the degree program. The course description presented here is the proposed description and may be subject to change. 

 

Course Description
 

This course is comprised of a study of ‘Usool Fiqh (the Methodology of Islamic Law) written by Dr. Abu Ameenah Bilal Philips

 

I. Objectives 

  1. Enlightening the student to some issues of Usool
  2. Preparing him intellectually for understanding the laws of the Sharee‘ah.
  3. Enabling him to develop the Usooli skill of reasoning and extracting laws. 
  4. nlightening the student to the fact that defining the meanings implied by a word has a great effect in the deduction of laws.
  5. Clarifying that phrases found in the Qur’aan and Sunnah of clear and obscure meaning have an impact on the methodology establishing proofs and on process of deduction
  6. Informing the student that the differences among scholars regarding the implications of the command (amr) and prohibition (nahy) had a great effect on their differences in deductions of laws.
  7. General and specific terms and specification of general terms and their implications have a great impact on the process of deduction and the methodolog

II.  Class Content

  1. An introduction to the science of Usool al-Fiqh: Its origin and development and the difference between Usool al-Fiqh and Fiqh.
  2. Issues regarding the Hukm Shar‘ee (Islamic Law) and what is related to it.
  3. Issues related to the Qur’aan
  4. The Language
  5.  Research (mabaahith) into the divisions of words: Definition of Implication (dilaalah) and its branches
  6. Research into the methodology of establishing proofs with word: Stated, understood, hidden and apparent, reality and metaphor
  7. Research on Command and Prohibition: The Command indicates obligation, immediate, repeated action or single action; Command after prohibition; The Prohibition indicates obligatory abandonment, corruption, repetition, immediacy
  8. Research on the General and Specific: Definitions of the ‘Aam and Khaas, generalization terminology
  9. Research on the Unlimited and the Limited: Definitions of the Mutlaq and Muqayyid, Identifying circumstances when unlimited statements are understood according to limited statements.

III. TEXTBOOKS

A. Required Text:

  • Bilal Philips, Commentary on Usool al-Fiqh, (‘Abdul Muhsin Al-‘Abbaad)


 

B. Supplementary Texts:

  • Muhammad Kamali, Principles of Islamic Law
  • Iyad Hilal, Studies in Usul ul Fiqh
  • Ash-Shaafi‘ee, ar-Risaalah (Eng. Trans.)
  • Al-Baydaawee, al-Manaahij fee Usool al-Fiqh
  • ‘Abdul-Kareem Sha‘baan, Usool al-Fiqh wa rijaaluh
  • Al-Ghazzaalee, al-Mustasfaa fee ‘Ilm al-Usool
  • Al-Aamidee, al-Ihkaam fee Usool al-Ahkaam
  • Ibn Hazm, al-Ihkaam fee Usool al-Ahkaam
  • As-Sarkhasee, Usool al-Fiqh
  • Abu Zahrah, Usool al-Fiqh