Usul al-fiqh

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Part of a series on the Usul al-fiqh
Fiqh
Qur'an and Sunnah Taqlid (imitation) Ijtihad (interpretation) madh'hab (school of law) Minhaj (method) Qiyas (analogical reasoning) Urf (society custom) Islamic jurisprudence Ijma Bid‘ah Madrasah Istihlal Istihsan
Ahkam
Halaal — legal Mustahab — favored Mubah — neutral Makruh — disliked Haraam — illegal Fard/Wajib — obligation, duty Baatil — incorrect Fasiq — corrupt
Scholarly titles
Marja — ... Ulema Mufti Qadi Faqih Muhaddith Mullah Imam Mawlawi Sheikh Shaykh of Sufism Punjabi Shaikh Ayatollah Mujaddid Maulana This box: view • talk • edit</div>

Uṣūl al-fiqh (Arabic: أصول الفقه‎ ) is a term which literally translates to the roots of the law and refers to the study of the origins, sources, and practice of Islamic jurisprudence.

1 The four major sources
2 The contribution of al-Shafi'i
3 Rules
4 External links

[edit] The four major sources

In classical Islam, there are four major sources of jurisprudence: the Qur'an, the Sunnah, ijma', and qiyas.

[edit] The contribution of al-Shafi'i

Abu 'Abd Allah ash-Shafi'i (767-819) systematized the usul, developing a cohesive, systematic procedure for legal reasoning. He raised the Sunnah to a place of prominence and restricted its legal use. According to as-Shafi'i, only practices directly passed down from Muhammad were valid, eliminating the legitimacy of practices of Muhammad's followers. Prior to as-Shafi'i, legal reasoning was based on personal reasoning and thus suffered inconsistency.

[edit] Rules

Sunni work Fathul Bari Volume 13 p. 23, Kitab al Ahkam: "If anyone does or says something before Rasulullah(s), and Rasulullah(s) does not stop or rebuke the act/words then this serves a proof as to the permissibility of this act, since Rasulullah(s) was infallible. Others cannot rely on this, as they are not infallible. Imam Bukhari said, other than Rasulullah, the silence of someone cannot be advanced as proof"