Usul ul Fiqh; The Islamic Jurisprudence

USUL AL FIQH : ISLAMIC JURISPRUDENCE

Fiqh: Shariah, The Islamic Law
Definition of Law1: ‫الحکم‬

‫الحکم خطاب ہللا المتعلق بافعال المکلفین باالقتضا اوالتخییر اوالوضع‬

“Law is an order of almighty Allah concerning the acts of accountable Human being, containing the
Demand, discretion or retaining or declaration”

In Islam, Law is derived from revelation not itself.

Ingredients of Law

 Law Giver ________________‫حاکم‬

 Legal Value (Law) ________________‫حکم‬

 Objectives of Law ________________‫محکوم بہ یا محکوم فیہ‬

 Subjective of Law ________________‫محکوم علیہ‬

The Law giver ‫ حاکم‬may have the Authority of one of the three kinds

 Ultimate Sovereignty2 ‫الوہیت یا حقیقی حاکمیت‬

 Manifestative3 Sovereignty ‫رسالت یا نیابتی حاکمیت‬
 Vicegerency4 ‫خالفت یا امارت‬

Introduction to Islamic Jurisprudence (Usul ul Fiqh)

Usul al Fiqh discusses both the sources (Adillah) of Islamic law and the law (Fiqh). This view is held by
a group of jurists, according to Nurul Anwar written by Sheikh Ahmad Ibn Abu Sayiid, known as
Mullah Jaiun, who was the house tutor of Aurangzeb, the Mughal emperor. However, primarily Usul al
Fiqh deals with the sources or roots of Islamic law.

Usul al Fiqh (Usul is plural of Asl) the bases or roots of Islamic Law, expound the methods by which
Fiqh (detail Islamic law) is derived from their sources. In this view, Usul is the methodology and the
Fiqh is the product.

1
Al-Hukm Al-Sharee by Tahir-ul-Qadri;
John Austin: Law is “A rule laid down for the guidance of an intelligent being by another intelligent being having power over
him. ”
2
Autonomy
3
Interpretative, representative
4
Vicegerent: Acting in the place of another superior
1|Page

By Prof. Sajjad Ahmad CIIT Lahore

 Usul ul Fiqh; The Islamic Jurisprudence
Usul deals with the primary sources of Islamic law, the Quran and the Sunnah, i.e. Usul discusses the
characteristics of the Quran and Sunnah, and what are the methods of deduction of law from the Quran
and the Sunnah.

In doing that, Usul discusses various kinds of words used in the Quran and the Sunnah in particular and
Arabic language in general such as the Amm (general) and the Khass (particular), Mutlaq
(unconditional) and Muqayyid (conditional), Haqiqi (literal) and the Majaji (Metaphorical), various
types of clear words and unclear words. Methods of deductions from the legal verses of the Quran and
the legal Ahadis (singular Hadis) are what the Fuqaha (jurists) have called Ibarah al Nass (whereby
Ahkam or rules are derived from the obvious words and sentences themselves), Isharah al Nass (where
Ahkam are inferred from signs and indications inherent in the text) Dalalah al Nass (where Ahkam are
derived from the spirit and rationale of a legal text) and Iqtida al Nass (whereby Ahkam are derived as a
requirement of the provision of the text though the text is silent on the issue).

Usul al Fiqh also discusses the secondary sources of Islamic law, the Ijma (consensus), Qiyas
(analogical deduction), Istihsan (Juristic preference) and other methods of Ijtihad (reasoning and
investigation). All the secondary sources are either directly or indirectly based on the primary sources of
Islamic law, the Quran and the Sunnah. For instance, three main elements of Qiyas, that is Asl (original
case), Hukm (ruling on asl) and the Illah (effective cause ) are based on primary sources. Usul al Fiqh
also discusses other main issues involving Islamic law such as the effect of custom on law or custom as
a source of law, and grades of the Islamic legal provision (i.e. what is Haram, what is Maqruh; what is
Farz, what is wazib and what is Mandub (recommended) and also the methods of removal of conflict
(i.e. Taa'rud).

Why Usul:

 From a study of Usul, we come to know the methods of interpretations of the Quran and Sunnah,
all the secondary sources of Islamic law, the views on Usul of major scholars of the past and
present, the rules of Qiyas and other methods of Ijtihad, the history of development of Islamic
law and legal theory.

 All these make anybody who studies Usul cautious in approach to Islamic law. He develops
respect for the methodology of past masters and becomes aware of the need to follow rules in the
matters of deduction of new rules of Islamic law.

 He then is likely to avoid careless utterance and action. Ummah can produce great mujtahid only
by study of Usul in addition to other sciences.

 The principal objective of Usul is to regulate Ijtihad and guide the jurist in his effort at deducing
the law from the sources.

Imam-e-Azam Abu Hanifa is considered to be the father of the science of Usul. Many other scholars
have contributed in the study of Usul, of them, the most famous are : Imam Shafei, Imam Ahmad bin
Hanbal, Imam Malik, Abul Hasan al Basri (d. 436), Imam al Haramayn al Juwayni (d.487), Abu Hamid
al Gazali (d.505), Fakhruddin al Razi (d. 606), Saifuddin Al Amidi, Abul Hasan Al Karkhi (d.349),
Fakhruddin Al Bazdawi (d. 483), Abu Bakr Al Jassas (d. 370), Sadr Al Shariah (d. 747), Tajuddin Al
Subki (d.771), and Al Shatibi.

2|Page

By Prof. Sajjad Ahmad CIIT Lahore

 Usul ul Fiqh; The Islamic Jurisprudence

1. THE QURAN ‫القرٓان الکریم‬

"Kitabullah" ‫( کتاب ہللا‬that is the Quran).

“Quran” is the book which Allah revealed in His speech to His Prophet Muhammad (SM) in Arabic and
this has been transmitted to us by continuous testimony or tawatur.5

There are 114 suras of unequal length. The contents of the Quran are not classified subject-wise, nor
alphabetically. The Quran consists of manifest revelation ('Wahy Zahir ‫ ) وحی ظاھر‬which is direct
communication in the words of Allah. This is different from Wahy Batin ‫( وحی باطن‬non-manifest
revelation) which consists of inspiration and concepts. All the Ahadis of the prophet fall under this
category.

Hadis Qudsi, in which the Prophet (SM) quotes Allah in the Hadith, is also not equivalent to the Quran.
In fact, this kind of Hadith is also subject to examination of Isnad (chain of narrators from the Prophet
(SM) to the compiler of the Hadith compilation). If the sanad (chain) is weak, the hadith will be treated
as weak, even though it is Hadis Qudsi. It should be noted that the Prophet (SM) did not make any
distinction between Hadis Qudsi and other Hadis.

Only meaning (Maa'ni ‫ ) معانی‬or text (Nazm ‫ نظم‬، ‫ ) متن‬is not the Quran. The jurisprudents agree that text
and meaning together constitute the Quran.

Quran was revealed in stages (Bani Israil, 17:106), and gradually (Al-Furqan,25:32). Graduality in the
revelation afforded opportunity to reflect over it and memorize it. The Ulama are in agreement that the
entire text of the Quran is "Mutawatir", i.e. its authenticity is proven by universally accepted testimony.

The larger part of the Quran was revealed in Mecca (about 19/30 th part) and rest in Madinah. The
Meccan revelations mostly deal with beliefs, disputation with unbelievers and their invitation to Islam.
But the Madinan suras, apart from the aforesaid, deal with legal rules regarding family, society, politics,
economics, etc.

Makkan or Madinan Surah: The surah is considered Makkan if its revelation started in Makkah , even
if it contains Madinan period Ayats. The information regarding which one is Makki or Madani are based
on the sayings of the Sahabis or the following generation.

The legal material of the Quran is contained in about 500 Ayats, according to various estimates. These
injunctions were revealed with the aim of repealing objectionable customs such as infanticide, usury,
gambling, unlimited polygamy; prescribing penalties and core Ibadah like Salat, Siam, Zakat, Hajj.
Other legal Ayats deal with charities, oaths, marriage, divorce, Iddah, revocation of divorced wife
(Rijah), dower, maintenance, custody of children, fosterage, paternity, inheritance, bequest; rules
regarding commercial transaction such as sale, lease, loan, mortgage, relations between rich and poor,
justice, evidence, consultation, war and peace.

5
Quran is The Divine revelation to the Prophet Muhammad, may the peace and blessings of ALLAH be upon him. The Quran
was revealed through he Archangel Jibril, may peace be upon him, and is the direct words of ALLAH
3|Page

By Prof. Sajjad Ahmad CIIT Lahore

 Usul ul Fiqh; The Islamic Jurisprudence
Qati ‫( قطعی‬definitive) and Zanni ‫( ظنی‬speculative)

Qati and Zanni concepts have been discussed in terms of text and in terms of meaning. The whole of the
Quranic text in Qati (definitive) that is its Riwayah (report) is conclusive and beyond doubt. Only other
text, which has been considered Qati is only Mutawatir Sunnah or Hadith (at least in essence). Other
Hadith and Ijtihad are Zanni material.

In the discussion on Qati and Zanni, Quran and Sunnah are integral to one another. Zanni of one verse
can be made Qati by another verse or definitive Sunnah. Similarly, the Zanni Sunnah can be elevated to
Qati by Qati Ayat of the Quran or by other corroborative evidence of Qati Sunnah.

By far, the large part of the Quranic legislation have been given in broad outlines, only in a few area, the
Quran has given instruction in considerable details. Hardly there is anything where Quran has given all
details. We are dependent on Sunnah and Ijtihad to fill up the gaps or for explanations.

Asbab al Nazul ‫اسباب نزول‬

Asbab al Nazul are the events, related to revelation of the Ayats. The Hukm (law) is not limited to the
events or circumstances. However Asbab al Nazul helps to understand the Quran and its law.

2. THE SUNNAH6 or AL-HADITH ‫ الحدیث‬/‫سنہ‬

Literal meaning of Sunnah in Arabic is beaten (tried out) track or established course of conduct.

According to Ulama of Hadith, Sunnah refers to all that is narrated from the Prophet(sm),his acts,his
sayings and whatever he tacitly (understood/ implied , without saying) approved 7. The Jurisprudents
exclude the features of the Prophet (SAW) from Sunnah.In the Hadith literature,there are uses of the
word Sunnah in the sense of source of law, for instance in THE Prophet's farewel Hajj address and at the
time of sending Muadh(R.A.) to Yemen.

The term Sunnah was introduced in the legal theory towards the end of the first century. Then it was
restricted the term to the Prophetic Sunnah only.

In the Usul al Fiqh Sunnah means the source of Shariah next to the Quran.But to the Ulama of Fiqh
Sunnah primarily refers to a Shariah value which is not obligatory but falls in the category of Mandub or
recommended. But as a source, Sunnah can create obligation (wajib), Haram, Makruh, etc. In the
technical usage Sunnah and Hadith have become synonymous to mean conduct of the Prophet (SM) The
Sunnah of the Prophet (SM) is a proof (Hujjah). The Quran testifies that Sunnah is divinely inspired
(53:3). The Quran enjoins obedience to the Prophet(SM) [59:7;4:59; 4:80; 33:36]Allah asked the
believers to accept the Prophet as judge (4:65)One classification of Sunnah is

(i). Qawli, (Verbal) (ii). Faili (Action) and (iii). Taqriri (tacit approval)

6
SUNNAH: The title given to the collection of recorded words and actions of the prophet Muhammad (pbuh). Most of what
he said or did throughout his lifetime is recorded in the Sunnah.
7
Sunnah: Literally, path or example. Refers particularly to the example of the Prophet Muhammad and includes what he
said, what he did and what he agreed to.
4|Page

By Prof. Sajjad Ahmad CIIT Lahore

 Usul ul Fiqh; The Islamic Jurisprudence
Certain matters are particular to the Prophet (SM) such as the case of number of wives, marriage without
dower, prohibition of remarriage of the widows of the prophet (sm). The Quran has priority over
Sunnah, because of nature of revelation (wahy zahir over wahy Batin), authenticity and also because
Sunnah is basically and mostly an elaboration of the Quran. In case of real conflict, the Quran should
prevail. Never the Quran was abandoned in favor of the Sunnah.

It may be noted that :

 Sunnah in many instances confirms the Quran.

 Sunnah also explains and clarifies the Quran as in the case of Salat, Zakat, Hajj, Riba and many
other maters of transactions.

 Another part of Sunnah which is called Sunnah al Muassisah or founding Sunnah (such as
prohibition of marrying paternal or maternal aunt or the right of pre-emption in property (shuf')
cannot be traced in the Quran and originate in the Sunnah.

The experts in Hadith literature at the stage of collection of Hadith examined all Hadith before recording
in their collections (particularly the claim of transmission from the Prophet [SAW] downward) and
classified Hadith into Strong (sahih/hasan), Weak (daif) and forged (Mawdu). It is easy for an expert in
Hadith to find out the status of Hadith.

Division of Hadith by number of reporters

There are following kinds of Hadith by the number of reporters

Mutawatir Hadith

There are only a few hadith which are Mutawatir bil Lafz (Mutawatir word by word). Also note that because of
large number of reporters of Mutawatir Hadith, diversity of residence of the reporters. It is impossible to
concoct a lie in this manner.

The main conditions of Mutawatir Hadith are:

a) large number of reporters

b) reports must be based on direct knowledge and through sense perception,

c) reporters must be upright,

d) Reporters are free from sectarian or political bias of that time.

According to the majority of Ulama of Usul, the authority of Mutawatir is equivalent to the Quran. It gives
positive knowledge, the denial of Mutawatir Hadith or Sunnah is equivalent to denial of the Quran.

5|Page

By Prof. Sajjad Ahmad CIIT Lahore

 Usul ul Fiqh; The Islamic Jurisprudence
Mashhur Hadith is a kind of Hadith, which is reported by one or two companions, then become well known. The
majority of Ulama considered Mashhur as a kind of Ahad Hadith and it gives speculative knowledge, not positive
knowledge.

Ahad Hadith (in most cases reported by a single companion and which did not become well-known in the 2 or 3
generations) does not give positive knowledge. Majority of Jurists hold that if Ahad is reported by reliable
reporters, it establishes a rule of law. Some hold acting upon Ahad is only preferable. Aqidah (beliefs) or Hadud
(prescribed punishment) should not be based on Ahad.

If a hadith is narrated by a number of narrators and there is additional words in some of them, then it
should be looked into whether the hadith was originally uttered in one sitting. In that case ,the words
narrated by more narrators will be accepted..

We can divide Ahadith in Muttasil (connected) and Ghair al Muttasil (disconnected) Hadith
regarding its connectivity in the Hadith Chain (‫ند‬hh‫ال س‬hh‫)اتص‬Muttasil (connected) and Ghair al
Muttasil (disconnected) Hadith

Muttasil (‫)متصل‬

A Hadith will be Muttasil if it narrated by the last narrator till the Sahabi without any disconnection (The
Hadith is directly connected to the Sahabi)

Mutawatir, Mushhur and Ahad are kinds of Muttasil hadith.

Munqate (‫ غیر متصل‬/ ‫)منقطع‬

Mursal, Mudal and Munqati are various types of Ghair al Muttasil Hadith.

Mursal means that a successor (Tabii), narrates a hadith without mentioning the name of companions.

Munqati refers to a Hadith whose chain of narrator has a single missing link somewhere in the middle
of the chain.

Mudal is a Hadith in which two consecutive links are missing.

Division of hadith regarding the characteristics of the Narrator

The Hadith is classified into Sahih, Hasan and Daif.in this regars

Hadith is called Sahih ‫( صحیح‬that is excellent in terms of quality of narrators - not in the sense of Qati or
absolutely correct), if it is reported by Thiqat Sabitun (highly trustworthy) or by Thiqat (trustworthy)
narrator.

A Hadith is considered Hasan ‫ حسن‬if among the narrators are included (apart from the categories of
narrators of Sahih hadith) some persons who are Sadiq(truthful),Sadiq Yahim(truthful but commits
error) and Maqbul(accepted that is there is no proof that he is unreliable).

6|Page

By Prof. Sajjad Ahmad CIIT Lahore

 Usul ul Fiqh; The Islamic Jurisprudence
A hadith is considered Daif‫ ضعیف‬if among the reporters are any Majhul person(that is unknown person
in terms of identity or conduct) or if there is any Fasiq ‫( فاسق‬violator of any important practice) or any
liar.‫ کاذ ب‬.

3. IJMA ‫( اجماع‬CONSENSUS OF OPINION)

Ijma is the verbal noun of the Arabic word Ajma'a which has two meanings: to determine and to agree
upon something. Ijma is considered the third proof/ source of Shariah after the Quran and the Sunnah.

As a proof of Shariah, it is basically a rational proof. An Ijtihad or an Interpretation of one or a few

scholars when becomes universal, becomes Ijma. 

The classical definition of Ijma, as laid down by Ulama of Usul, is categorical on the point that the
universal consensus of the scholars of the Muslim community as a whole can be regarded as conclusive
Ijma. Only such Ijma are considered binding by early Usuliun (Usul scholars). However, universal Ijma
are indeed very few. As evidence show, it is extremely difficult to prove Ijma on particular issues,
particularly in the case of issues open to ijtihad or tawil. There is no authentication of Ijma through
Isnad (chains of narrators).

The only form of Ijma upheld by majority is the Ijma of Sahabis only. Majority of Ulama of Usul think
that Ijma can take place on Sharii and devotional (Ibadah) and dogmatic (Itiqad) matters. For the first
time, Ijma occurred among the companions of the Prophet (SM). Ijma initially helped unity of Ummah
in some matters. Ijma also ensures correct interpretation as broad consensus is unlikely to take place on
incorrect matter. Ijma also enhances the authority of the rule on which there is Ijma. Unanimity of
Ulama on an issue of a particular time is a requirement of Ijma. The agreement must be expressed by
clear opinion of all scholars of the time. Ijma must consist of the agreement of all Mujtahidun, though
many Ulama consider majority to consist Ijma.

Any agreement of majority can be a proof but can not be a binding proof because to be binding, it must
fulfill the conditions stated in the Ahadith quoted in support of Ijma (which is nothing short of Ijma of
all people, at least all scholars.) There is no good ground to exclude any scholar of any school of Islam,
as long as the school or group itself is not considered outside Islam by the Muslims. 

Ijma are of two types –

 Ijma al-Sariah (explicit Ijma) and

 Ijma al-Sukuti (Ijma by silence).

Ijma al-Sukuti occurs when one or a few scholars agree on something and no dissent is known.

7|Page

By Prof. Sajjad Ahmad CIIT Lahore

 Usul ul Fiqh; The Islamic Jurisprudence
4. QIYAS ‫( قیاس‬ANALOGICAL DEDUCTION) 

Literally Qiyas means measuring or ascertaining the length, weight or quality of something. Qiyas also
means comparison to establish equality or similarity between two things.

In the language of Usul, Qiyas is the extension of a Shariah ruling from an original case (Asl) to a new
case (Far') because the new case has the same effective cause (Illah) as the original case.

The original case is regulated by a text of the the new case. The emphasis of Qiyas is identification of a
common cause between the original and new case. Jurists do not consider law derived through Qiyas as
a new law. However, for all practical purposes, Qiyas leads to new ruling on a different matter.

Qiyas is a methodology developed by jurists through which rulings in new areas are kept close to the
Quran and Sunnah because new rulings are based on the Illah (causes) discovered in the legislation of
the Quran and Sunnah. Rulings on new areas could diverge a lot, if Qiyas was not applied. This is a
major justification for validity of Qiyas.

Qiyas is a rationalist doctrine (because intellect is largely used to find out the Illah), but in Qiyas
personal opinion (Ra'y) is kept subservient to divine revelation (in that Illah is discovered from the text
of the Quran and the Sunnah). Qiyas does not change any law of the text (Quran or Sunnah) for
expediency. Qiyas as a methodology means that the jurists accept that the rules of Shariah follow certain
objectives (Maqasid) which are in harmony with reason. Zahiris (a group of literalist scholars) do not
accept Qiyas. However, majority is right on this point. 

Qiyas does not give rise to certainty. Qiyas is therefore speculative. Law derived through Qiyas can not
be of same authority as that of textual ruling (of Quran or Sunnah). There can be difference of opinion
on the law derived through Qiyas, as is the case with almost all Ijtihadi law.

The essential requirement of Qiyas are Asl (original case, on which a ruling has been given), Hukm
(ruling on the original), Illah (cause of ruling in the original case) and Far' (new case on which ruling is
to be given). In the case of prohibition of wine drinking (Surah Maida : 90), if it is to be extended to
narcotic drugs, the requirement of analogy would be fulfilled in the following manner. 

Asl ‫ اصل‬Far' ‫رع‬hhhhhhhhh‫ ف‬Illah ‫ علۃ‬Hukm ‫حکم‬

(original case) (new case) (cause of ruling) (ruling)
Wine Taking narcotic Intoxicating
Prohibition
drinking drugs Effects

One condition of Asl (the subject matter of original ruling) is that the Quran and Sunnah are the source
of the Asl. (Many scholars do not consider Ijma to be basis of Asl). According to majority, one Qiyas
can not form Asl of another Qiyas. However, Maliki jurist Ibn Rushd thinks a Qiyas can be basis for
another Qiyas. Modern jurists Abu Zahrah and Muhammad Al Zarka agree. Minority seems to be right
as long as it does not contradict Nusus (clear texts or rulings) of the Quran and Sunnah.

Conditions pertaining to Hukm (a ruling in the original case) are :  

a. It must be a practical Sharii ruling (Qiyas does not operate in the area of belief). 
8|Page

By Prof. Sajjad Ahmad CIIT Lahore

 Usul ul Fiqh; The Islamic Jurisprudence
b. Sharii ruling must not be an abrogated one, 
c. The Hukm must be amenable to understanding through human intellect (see examples in the text
book). 
d. Hukm must not be limited to exceptional situations (in that case it can not be basis of Qiyas, such
as the others). 

Qiyas is operative or extendable in Hadud (prescribed penalties), according to majority. 

New case on which ruling is to be given (Far') must not be covered by Nasus (texts). Qiyas ma'al tariq
(analogy with discrepancy) is not permitted (see example in Kamali).

The effective cause (Illah) must be : 

a. Munasib (proper, according to Mujtahid or scholar of Fiqh) 

b. It must be a constant attribute (mundabit)  
c. It must be evident (Zahir,)
d. Illah must be muta'addi (that is transferable to other cases).

Qiyas is redundant where Nass is there, according to majority. Some hold that Qiyas (which is
speculative) can specify or qualify speculative of the Quran and the Sunnah (see Kamali). Some Ulama
hold that Qiyas can take priority over Ahad hadith, if Qiyas is supported by other strong evidence.

Imam Azam Abu Hanifa is of the opinion that even a daif hadith will be preferable to any qiyas or
Ijtihad.

9|Page

By Prof. Sajjad Ahmad CIIT Lahore

 Usul ul Fiqh; The Islamic Jurisprudence

5. IJTIHAD ‫اجتھاد‬

Ijtihad (Arabic: ‫’ اجتہاد‬iğtihād) is a technical term of Islamic law that describes the process of making a
legal decision by independent interpretation of the legal sources, the Qur'an and the Sunnah. The
opposite of ijtihad is taqlid, Arabic for "imitation".

The word derives from the Arabic verbal root of ‫د‬-‫ﻫ‬-‫ ج‬jimm-ha-dal (jahada, "struggle"), the same root as
that of jihad;

The purpose in performing ijtihâd is to establish new precedence independent of the Quran, i.e. The
Qur’an literally prohibits consumption of wine, without naming the other hard drinks. The reason for the
prohibition of wine is that it blurs one’s mind and suspends one’s mental activities, as is understood
from the expression used in the ayat. Hence, mujtahids have deduced by way of ijtihâd that all sorts of
drinks carrying the features that cause wine must be forbidden as well; so they have stated that all sorts
of intoxicants are haram

Mujtahid : ‫مجتھد‬

) ‫ان ہللا یبعث فی ھذہ االمۃ علی راس کلمائہ سنۃ من یجدد لھا امر دینھا (ابو دائود‬

Allah will appoint in this Ummah a person in each century who will revive the Deen

This Mujaddid or Mujtiahd may be one or more according to the need of Ummah and the will of Allah
SWT.

A person who applies ijtihad is called a mujtahid, and traditionally had to be a scholar of Islamic law, an
Islamic lawyer or alim. To become a mujtahid in theological terms is similar to having a doctorate in
divinity in Islamic kalam, or in legal terms to reaching the status of a high or a judge of Islamic Supreme
Court (‫) قاضی القضاۃ‬.

Generally, a Mujtahid is an educated Muslim who is eligible to make up his own ruling on the
permissibility of an Islamic law. He must be an authority on Islamic sources of shariah like Quran,
Sunnah, Ijma, Qias and Ijtihad with a variety of modern sciences (‫)علوم جدیدہ‬. It covers a number of titles
like Shaikh-ul-Fiqh (‫ )شیخ الفقہ‬Shaikh-ul-Hadith (‫ )شیخ الحدیث‬Shaikh-ul-Tafseer(‫)شیخ التفسیر‬

‫ االصل فی االشیا االباحۃ‬Originally, everything is permissible

According to Ahnaaf ‫ احناف‬and Shawafe ‫شوافع‬originally everything is permissible

10 | P a g e

By Prof. Sajjad Ahmad CIIT Lahore

 Usul ul Fiqh; The Islamic Jurisprudence

Gradual Kinds of Law / Hukm ( ‫) مدارج احکام‬8

Prohibition ‫نہی‬ Order ‫امر‬

Forbidden ‫ حرام‬1 Obligatory ‫ فرض‬1
Condemned ‫ مکروہ تحریمی‬2 Imperative ‫ واجب‬2
Disapproved ‫ اسائت‬3 Mandatory ‫ سنت مئوکدہ‬3
Recommendatio
n
Improper ‫ مکروہ تنزیہی‬4 Directory ‫ سنت غیر مئوکدہ‬4
Recommendatio
n
Un-Commendable ‫ خالف اولی‬5 Commendable ‫ مستحب‬5

8
‫الحکم الشرعئ لشیخ االسالم دکتر محمد طاھر القادری‬
11 | P a g e

By Prof. Sajjad Ahmad CIIT Lahore