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Introduction to the
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The Almighty Allah Said: «Thuma Djaâlnâka âla Chariatin Mina El-Amri Fa-Itabi’ha Wa la Tatabi’ Ahwâ’a Elladîina Lâ Ya’lamun» «Then we entrusted you to convey our Message, so follow it and do not follow the vain desires of those who know not». [Surat Al-Djâthia/The Kneeling, 18].
Dedication I dedicate this book to the spirit of my beloved brother: Hamoud Hambli, the martyr of Dawa and knowledge, the deeply versed savant who was martyred in the University at a very young age, but left a great scientific heritage. Said Bouizeri
All the praise be to Allah, the Lord of the worlds, and grace and blessing be upon the last prophet Muhammad- may peace be upon him- who is sent as a warner and as a mercy to all humanity. This book is a summary of the lectures on the Module of the Islamic Charia which I have been teaching to the second year students in the Faculty of Law of Tizi-Ouzou. I have divided it into two parts: The first deals with the definition of the Islamic Charia and the Science of Fiqh principles (Ussul El-Fiqh). The second deals with the sources and the epochs of the Islamic legislation. I implore Allah this book will be a great help to the students of the Islamic Charia and law.
Dr. Said Bouizeri Tizi-Ouzou, Rabiî Ethani, 1414 Hegira. September 17th, 1993.
Introduction The translation of a scientific religious book is of paramount importance for the non Arab Muslims and the non Muslims as well. It enables them to be more cognizant of the religious matters, and helps them better know the injunctions of the Islamic Charia. In addition, it enriches the libraries. The translation of "Introduction to the Study of the Islamic Charia" is not an easy task. Among the reasons that makes it difficult, we mention: 1. The lack of studies and translations in English in such domain (Charia). 2. Some Arabic words have no equivalent in the English language. This is why we focused in this version much more on translating the meanings and the ideas. In addition, we kept the original key words in Arabic like Allah, Sunna, Hadith...to make the non Arab Muslims familiar with them, and give their approximate meaning in English with a minute explanation of their deepest meanings. For example, the word "Istishab" in the book is given the name "presumption". Istishab -in the Arabic language-. means to keep something as it is until the contrary is proved, like keeping the original innocence of an accused until his accusation is proved. But presumption in English means to presume that something is true. In the foot notes, the original titles of the books are left as they are in Arabic but written in Latin letters. The translation of these titles is to be found in the bibliography. In this version, some new elements that do not exist in the original book are included. They are proposed by the author of the original book. Besides, some clarifications are added either to give more explanation, or to approximate the significance of the Arabic words in English. We hope this endeavour will be followed by others, and we pray Allah, the All Hearing, and the All Powerful, that the reader of this book will benefit from it and satisfy the yearning of those who desire to know more about Islam and the Islamic Charia.
Belkhir Fadila Tizi-ouzou, Ramadan 13th, 1426 Hegira which corresponds to October 16th, 2005.
Part One The definition of the Islamic Charia and Ussul Al-Fiqh
Chapter One: The definition of the Islamic ChariaI. People’s need to divine Charias and the extent of their divergences. 1. People's need to divine legislations (Charias). At a certain period of time, human being was unable to perceive what is of interest to him; he was not capable of dealing with these matters in a fair and right way. People, with their ignominious behaviors, their different principles and doctrines were in urgent need of repair and orderliness in their lives as a whole. Thus, the revelation of the Charias was necessary. In fact, with the revelation of the Charias, people witnessed a particular change with their laws because they not only illuminated what might be obscure and difficult in their teachings, but also they taught them how their relations with their creator should be. People's need for Charias, was indispensable. But they were in dire need for the Islamic Charia because it is not restricted to one group but rather universal. The Islamic Charia is addressed to every one, and it is equally true at all times and in all situations. Moreover, it is perfect, lofty and comprehensive (It includes all what is needed in life). 2. The extent of their divergences:[1] All the prophets-may peace be upon them-are provided with Charias, but each of them is equipped with what was convenient to his age. This due to the fact that people’s belief and customs were not the same throughout the ages, and each epoch had its own specificities. Allah the Great said: « …We have prescribed a law and a way of life for each of you».[2] The Charias even if they are numerous and even if they differ from age to age, they are all revealed by the Omniscient and the Almighty Allah. They are also united in their aim, which is the call to monotheism i.e. to believe in no god but Allah. God-High Exalted is He-said: « And we never sent a Messenger before you except that we revealed to him saying: "there is no god but I, so worship me"».[3] Allah the Great addresses His prophet Muhammad-may peace be upon him-and said: « Say: "o people of earlier Scripture! Let us reason together, that we worship none but God and we associate nothing with God, and that we do not set up from among ourselves lords other than God”. But if they turn away, then say,” Bear witness that we are Muslims».[4] II. The difference between Charia, Religion and Fiqh.[5] 1. Charia (the Islamic law): 1.1. Its definition: Linguistically: The word "Charia" in the Arabic language means a doctrine and a right way. When we say: "Chirâa" we mean a source, and "Chirâat El Mâ" signifies water spring or a source of water to where people go and drink. Its deepest meaning: The word refers to the instructions that the Almighty Allah legislated for His people. They are called "Charia" because of their accuracy and righteousness. The Islamic Charia (with respect to Islam)[6] is the laws and stipulations legislated by Allah the Great through His prophet Muhammad-may peace be upon him. The Islamic Charia's rules are divided into three categories: A) Instructions of faith:[7] they refer to those which are related to the Almighty Allah and His characteristics; they also include believing in God; His Messengers and the Day of Judgment with its punishment, reward and chastisement. B) Instruction of moral standards:[8] they are related to virtues such as truth, loyalty, patience and faithfulness… C) Practical instructions:[9] They refer to people's deeds. They are of two kinds: C.1 worships: They mean the Divine laws that are related to the Hereafter, and which aim at strengthening the relationship between people and their Creator, like prayer, fasting … C.2 Transactions: they are instructions related to people's deeds and behaviours. They aim at realizing worldly interests and arranging people's relations and contracts like sale, pawn and partnership. 2. Religion: 2.1. Its definition: Linguistically: The word "Religion" in the Arabic language has many meanings: submission, reward, obedience, judgment… In the Noble Koran, the notion "religion" is used to refer to various meanings: Allah the Great said: « Indeed! The only Religion with God is Islam (submission to the will of God) ». [10] «He has ordained for the religion which He commanded to Noah, and that We revealed to you…».[11] « And whom I hope will forgive my sins on the Day of Judgment ».[12] «This is the right Religion, but most people do not know».[13] «And they shall say:" woe to us" this is the Day of Judgment».[14] «And they were not enjoined but to worship God alone in sincere devotion, and with purity of faith…».[15] Its deepest meaning: Religion means to be obedient to the Only and the Almighty Allah, and to be totally submissive to the rules He legislated. 3. Fiqh 3.1. Its definition: Linguistically: The word Fiqh, in the Arabic language, means the understanding, the shrewdness and the knowledge of things.[16] Its deepest meaning: at the early stages of Islam, Fiqh meant the knowledge of religious instructions and affairs, and it was the equivalent of the word "Charia". In the Noble Koran there are many verses that support this definition. The Almighty Allah said: «…But a party of every section of them should march after, to become learned in religion, and to warn their people when they return back to them, that they should guard themselves against evil».[17] But when sciences are developed and set apart, the word "Fiqh" is restricted to mean the practical legislative instructions. Fiqh is divided into two parts: A) Worships: like prayer and fasting…etc. They lead to strengthening the relationship between people and their Creator. B) Transactions: they aim at arranging the social relations between people in all matters. They include all the relations which the Common and the Private Laws had defined. III. The characteristics of the Islamic Charia.[18] What distinguishes the Islamic Charia from any positive law is its features that raise it to the higher degrees of perfection and completeness. Among these features we mention: 1. Divinity. It means that the source of Islamic Charia is the Almighty Allah, this is why all its instructions and rules aim at making close links between people and their Creator. So, the pious is obliged to work according to these instructions as Allah the Great says: «It is not up to for the believers, man or woman, when God has decreed a matter, for them to have any choice in that matter…».[19] He also said: «By your lord! They will not believe until they accept you to judge between them in their disputes, and accept your decision with entire submission without feeling the least resentments in their hearts».[20] Among the results of this feature, we mention the followings:
2. The mingle of the worldly reward with that of the Hereafter. The Islamic Charia accords with the positive law on the punishment of those who commit a contravention of its rules in his life. But, concerning his everlasting life, the positive law has no power over it. It is the Charia’s laws that penalize those who contravened its instructions in the Hereafter. So, unlike the positive law the Charia gathers both rewards (worldly and that of the Hereafter). 3. The mingle of stability with flexibility. The Islamic Charia is characterized by stability and flexibility. The first appears in its principles, generalities and in all what is absolute. The second appears in its branches, partialities and in all what is dubious. It is its stability that prevents it from dissolving and melting with the other charias, and it is its flexibility that makes it respond to all the incidents of all times (it is not bounded by time). 4. The balance between the individual's and the group's interests. In the Islamic Charia, as opposed to the positive law, the individual and the collective interests are equal. i.e. the Islamic Charia does neither lean towards the group on the account of the individual, nor does it bend to the individual's profit on the group's detriment.[21] 5. Comprehensiveness: This feature appears in four things: A) Time: The Islamic Charia is the one that does not accept any abrogation or suspension. It is the sole governor until the day Allah inherits the earth. B) Place: it is not limited by geographical boundaries. It is the light of Allah that illuminates the whole world. C) Human being: the Islamic Charia is addressed to all people and all nations without exception. The Almighty Allah said: «We have not sent you to the entire mankind as a bearer of glad tidings and as a warner».[22] He also said: «Say, O people, I am the messenger of Allah to you all…».[23] « And we did not send you but as a mercy to all beings ».[24] « Blessed is God, the one who has revealed the Criterion to His servant; that he may be a Warner to the worlds».[25] The prophet, may peace be upon him, said: «Before, the prophet is sent to his people in particular and I have been sent to all mankind ». D) Injunctions: the laws of the Islamic Charia deal with all the matters of life; they take into account all the phases of man's life. In addition, they are the governor of mankind's relationships either with God, himself or with the others. 6. Realism.[26] Realism is clearly seen in the way instructions are legislated and how people deal with them, like the consideration of various facilitations. For instance, people who are not able to pray in Mecca's direction (kiblah), they are licensed to pray as they can. Another example is the one related to ablution. When there is no water or if the person is unable to use it, people are allowed to perform their ablution by using stones or soil (Tayamum). Adding to this, the allowance of what is forbidden in case of necessity. The Almighty Allah said: «Whoever is constrained by necessity, not out of insolence, or with the intention of repeating it, then no sin is on him ».[27] 7. The middling (It is just in between).[28] It means that the rules of the Islamic Charia always achieve a proper balance between two opposites. Its middling is the fact that gives it strength and continuity. The Charia deals with the controlled individual possession which is between the annulment and the total freedom of possession. It advises bravery which is in the middle of cowardice and rashness, and it prescribes spending which is between miserliness and scattering. The Almighty Allah said: «Do not make your hand linked totally to your neck, and do not stretch it largely. Otherwise you become reprimanded and grieved».[29] IV. The bases of the Islamic legislation.[30] The Islamic legislation is founded on particular bases and props that make it suitable for any time, place and mankind. The most important reasons for its suitability are the following ones: 1. Facilitation and removing embarrassment. Among these features there are lack of affectation on all what is imposed on human being, and allowing the forbidden in case of necessity. These tow features are widely mentioned in the verses of the Koran as well as in the prophet' sayings (Ahadith). The Almighty Allah said: «God does not impose on any soul a burden greater than it can bear… ».[31] «…And Has not imposed difficulty upon you in religion».[32] «…God does not desire to make any impediment for you…». [33] «…God desires ease for you and not hardship…».[34] «…God desires to make things easier for you, for mankind was created weak (to resist his lusts) ».[35] Allah the Compassionate also said in His description of the prophet- may peace be upon him: «…and relieves them from their burdens, and free them from the fetters which were upon them…».[36] Besides, the prophet- may peace be upon him- affirmed this basis of facilitation in many of his sayings. He said: «Facilitate things and do not harden them» He also advised two of his companions (Sahaba) by saying «facilitate and do not make things difficult, rejoice and do not feel loathing for people». He also said: «I have been sent with a white and tolerant Hanifia (Islamic monotheism)». «God likes His permissions to be accomplished as well as His obligations» «Do all what you are capable of, for God never gets tired until you are exhausted». «Perished are the fanatics ». And when the prophet- may peace be upon him- was asked about pilgrimage whether it was each year, he answered: «If I say yes it becomes obligatory, stick to what I left. Those who were before you were perished because of their questioning and their contrast with their prophets». In another report he said: «If I forbid something avoid it and if I command it do what you are able of». It was proved that when the prophet- may peace be upon him- was let to choose between tow things, he always chose the easiest one unless it was sinful. 2. Preserving people's interests. The one who examines the instructions of the Islamic Charia recognizes that its main aim is to realize people's interests. The latter is among the primordial concerns of the Islamic Charia in general. This is what makes it suitable at all times and places. Among the texts that argue in favour of this idea, are the followings: The Almighty Allah said: «And we have not send you but as a mercy to all beings».[37] «And we reveal of the Koran that which is a healing and a mercy to the believers…».[38] «…He enjoins them what is good and forbids them what is evil, and he makes the pure things lawful to them, and forbids them the impure…».[39] «This is a clear enlightenment for mankind and guidance and a mercy to people certain in their faith».[40] «Indeed! This Koran Guides to the way that is most right».[41] And from the Sunna, the prophet’ saying: «Do not harm people and do not contend with them » i.e. do not harm people and even if they do any harm to you, do not do the same for them. And his permission to visit tombs although it was forbidden in the past, for the sake of realizing an interest. The prophet- may peace be upon him- said: «I had advised you not to visit graves, now visit them because they remember you of the Everlasting life ». These verses and Ahadith affirms that the Islamic Charia is built on rules and based on realizing people's interests, either in their lives or in the Hereafter. This Charia is all justice, all mercy, all interests and all wisdom. Each matter that passes from justice to oppression, from mercy to hardness, from interest to mischief, and from wisdom to abuse, is undoubtedly, not from the Charia even if it is included in it by an opinion.[42] 3. Realizing justice among people. This is among the solid bases upon which the Islamic legislation depends. Many texts aim at impressing this principle on people's mind. Some texts appeal to the establishment of justice, others to the breaking loose from injustice. Among the texts that shed light on justice are the following ones: «Most surly God enjoins justice, the doing of good deeds and generosity to near of kin…».[43] «Indeed! God commands you to render back trusts to whom they belong, and when you judge between people, that you judge with justice».[44] «O you who believe! Stand up firmly for justice as witnesses against yourselves or your parents or your near of kin…».[45] «O you who believe! Be constant for God as just witnesses, and do not let detestation of a people move to you to be unfair, be equitable, that is closer to piety…».[46] Among the texts that forbid unfairness, we may cite the following: «…And the evildoers will not have one loyal friend or any intercessor that will be heard».[47] «Do not think that Allah is unaware of what the wrongdoers do; He only puts them in respite until a Day when their eyes shall stare».[48] .The prophet-may peace be upon him- said: «Injustice is darkness in the doomsday» i.e. the one, in this low world, is unjust toward others will endure many punishments in the Day of Judgment. He also said: «What ruined those who were before you, was that, when a noble among them stole, they forgave him, and when a weak among them robbed, they punished him. By God, if Fatima the daughter of Muhammad steals, I will be the one to cut her hand». 4. The gradation in legislation. The Koran and the Sunna did not come at once. But they lasted the whole period of revelation. Its instructions were legislated gradually in order to achieve the above mentioned objectives, and to ease and alleviate things for people. In fact, progression goes alongside with the natural disposition of mankind. Going slowly and gradually from one thing to another is what the natural disposition of man needs in order to be changed and promoted. The process of change, in general, needs gradation. It is impossible to change the situation or the condition of any society at one time .But, rather, it requires a certain period of time. This is true even for the Islamic societies which are different as far as their way of dealing with the Islamic legislation is concerned. The actual situation of Islam varies from one country to another. Some stick firmly to its instructions and others do not. When there is little deviation from its rules, the provision of a change that agrees with the charia's laws is not very difficult to be achieved. But, in case the deviation is flagrant and the society itself is not predisposed to such a change, it is difficult -if not impossible- for these people to be affected by them if they are all given at the same time.[49] V. Comparison between the Islamic Charia and the positive law. [50] If we look at the characteristics of the Islamic Charia and the bases of the Islamic legislation, we see clearly the difference between the Islamic legislation and the positive law. 1. Concerning the source (reference). The principle reference of the Islamic legislation is revelation, the Koran and the Sunna, in addition to the other sources which are always in accordance with the Noble Koran and the Sunna. But the source of the positive law is human being. And whoever this man is, he cannot get rid of his features which are wickedness, imperfection, whim…etc. These characteristics are found in any law put by man. 2. Concerning its relation with moral characters. The Islamic legislation is related clearly to characters. This is apparent in its establishment of a group of principles, among them the principle in which priority is given to public interests over the individual ones. The latter is given less importance if compared to the former especially when there is opposition. Another principle determines the right of neighborhood. Allah the great said: «And worship God and do not associate any other with Him, be kind to parents, and near of kin, and to the orphans, and to the needy, and to neighbour who is of kin and the alien neighbour…».[51] The prophet- may peace be upon him- said: «Gabriel is always advising me to take care of the neighbours until I thought that he is going to make of him a heir» He also said: «The one who really believes in God and the Last Day should be generous with his neighbour». It is the same thing for legislation of Zakat (legal alms). The Almighty Allah said: «Take from their wealth charity (alms) to purify them and to cleanse them thereby».[52] 3. Cconcerning reward: The Islamic legislation punishes and rewards people in life and in Hereafter. In life, it takes into account what they have done or said. In the Everlasting life, people are rewarded or punished according to their intentions (the heart's deeds). This is the reason why the Muslim feels the necessity of following the instructions of Charia. Unlike the Islamic laws, the positive law rewards and punishes people only in their lives. VI. The witnesses of some western scientists and the world congresses on the availability and the greatness of the Islamic Charia. [53] The Western scientists who are objective in their opinions, and some world congresses agree on the greatness and the fitness of the Islamic Charia. 1. Some scientists' testimonies.[54] - Dr Izico Anssaboto said: "The Islamic Charia surpasses the European legislation in many of its researches. Its fixed laws are the firmest and the most stable ones given to the world" - Professor Charbel who is the superintendent of the Faculty of Law in Vienna claimed in the Right Congress of 1927: "Humanity takes a great pride in the belonging of a man like Muhammad to it, because in spite of his illiteracy, he succeeded some centuries ago to bring a new legislation that we, the Europeans, will become the happiest ones if we achieve its summit after tow thousand years" - Professor David said: "Indeed the Islamic Charia remains till now among the most important Fiqh systems in the contemporary world" 2. The witnesses of some congresses: -The World Congress of Comparative Law which took place in Lahai in 1937. It was agreed on the following points: a) To consider the Islamic Charia as one of the sources of the general legislation. b) The Islamic Charia are a vital one and it is susceptible for development. c) It is the unique legislation that is not extracted from any other one. - The World Lawyers Congress which took place in Lahai in 1948 claimed: "Because of the flexibility of the Islamic Charia, and because of its great importance, it is necessary for the World Lawyers Association to adopt or deal with a comparative study of this legislation and encourage it" - A meeting in the Faculty of Law, Paris, carried the name of "The week of the Islamic Law" It took place between July 2nd and 7th of 1951. During it, it was agreed on the following: "It is clear that the principles of the Islamic Charia are of great legislative value that we cannot ignore, and the differences between the doctrines within this great Fiqh system mean nothing but the great knowledge and the presence of many kinds of technical methods".
Chapter Two: Introduction to Ussul El Fiqh (Fiqh's principles). Linguistically: "Ussul El Fiqh" is composed of two words: Ussul and Fiqh. The word "Assl"[56] (principle) -in the Arabic language- refers to the low or the bottom of a thing, or what something is built and founded on. "Holding up" is either what is related to the concrete like the holding up of a roof by walls or what is related to reason like promulgating a law according to proofs and arguments.[57] Fiqh means understanding. The Almighty Allah Said: «…And remove the impediment from my speech, in order that they may understand what I say. »[58], and the prophet -may peace be upon him- Said: «the one whom Allah likes makes him skilled in religion» [agreed on]. Its deepest meaning:[59] It means the knowledge of the practical religious instructions on the bases of their detailed arguments.[60] The difference between the fundamentalist (Ussuli) and the skilled in Fiqh science (Faqih):[61] - The fundamentalist is mainly concerned with Ussul El-Fiqh. He uses the general and the total arguments to deduce the practical injunctions on the bases of the detailed arguments. - The skilled in jurisprudence is mostly concerned with Fiqh. He uses the partial arguments. He works on deducing detailed injunctions relying on the rules that are provided by the fundamentalists. For example, the Faqih affirms that the fulfillment of contracts is obligatory as the Almighty Allah Said: « O you who believe! Fulfill the pledges. All kinds of cattle-like animals have been made lawful to you except those which are now recited to you, you should not make hunting lawful when you are in pilgrim sanctity. Indeed, God ordain whatever he pleases»[62]. This judgment (stance) is based on the fundamentalist's rule which stipulates that the order is to be fulfilled. Ussul El Fiqh (Fiqh's principles) is a great and worthy science. It is of a paramount importance, and it is convenient, useful and beneficial. Among its benefits we may list the following ones: 1. To know the diligent methods of deducing rules. Thus, persons not only accept the religious rules but also feel certain quietness and tranquility to what is attained by the diligent. 2. It is the science that shapes the right way to the diligent; the way that leads him to infer the religious instructions on the basis of its detailed arguments. It also provides him with the necessary tools to achieve this goal. In fact, this will facilitate for the Ulemas the knowledge of the religious stance at any time and place. The thing that confirms the continuity and the suitability of the Islamic Charia. 3. It is an efficient means for protecting religion from falsification and perversion. This would emerge from the subjects and the researches that it deals with, among them: - To elucidate the sources of the Islamic legislation: the fundamental (Koran and Sunna) and the complementary (Idjmaâ, Qias…). - To demonstrate the aims of the Islamic legislation. - To define the different kinds of the religious instruction. - The study of the linguistic bases of Ussul. 4. It enables its scholars to posses great mental and learning abilities. The latter help him know the correct way and the right method upon which Ijtihad (diligence) and deducing rules depend. Imam Ech-Chafii[64] was the first to record the science of Ussul El Fiqh, and to set up its bases in his Er-Ressala (Message)[65] which was written at the end of the second Hegirian century. Ibn Khaldoun[66] said: «this art is among the new arts in religion. The predecessors were needless to such a science because the understanding of meanings did not exceed their linguistic property (language) i.e. they understood easily the texts because they were fluent and they possessed a rich language. Concerning the laws that this science needs, mainly for the deducing rules, most of them are taken from our predecessors. As for ascribing, they did not need to look after them because of the nearness of the epoch, the practice of transmission and their expertise and knowledge of them. When the predecessors passed away and the first years of Islam elapsed, sciences became specialized. So, it was necessary for the knowledgeable and the diligent to acquire and learn these laws and rules in order to deduce instructions according arguments. For this reason, they wrote it as an art and called it "Ussul El-Fiqh"(Fiqh's principle). The first contribution was made by Imam Ech-Chafii, may God be pleased by him ». There were many other reasons that helped Imam Ech-Chafii to set up the bases of Ussul science, among them:[67] 1. His surfeit of great scientific knowledge which he obtained from the one that was left by the Sahaba (the prophet's companions) and their followers, and also from the knowledge of many Ulemas like Imam Malik and Mohammed bnu El-Hassan Echaibani. 2. His witnesses of debates and discussions held by the Fuqaha of Medina and those of Iraq. 3. The weakness of the Arabic tongue resulted from the melting of the Arabs with the non Arabs. Therefore, it was difficult to deduce rules and instructions on the bases of their arguments. 4. The appearance of new matters whose judgment needed certain rules or methods to follow, and which were specific to Ussul science. IV. Methods of writing in Ussul science.[68] The Ulemas adopted three methods of writing in Ussul science.[69] 1. The Chafiia method. It concerns the using of matters and the establishment of bases. According to this method, the rule or the basis is what is accepted by the mind and supported by arguments, regardless to its conformity or non conformity with the branches of the other doctrines. According to the fundamentalist, Ussul is an independent art upon which Fiqh may be based. Among the famous books which were written within this method, we have the followings:
2. The Hanafia Method: The efforts of those Ulemas were directed toward the establishment of Ussul rules on the basis of the branches of Fiqh. The Ussul rules that they establish confirm with the Fiqh deductions of Hanifites Imams. It is called the Hanafia Method because the Hanifites learned men were the pioneers to create it. The famous books that were written in the light of this method are:
3. The method that gathers the two preceding ones: It mingles the advantages of the first method with those of the second one. It works on the establishment of Ussul rules in conformity with what the Chafiia Method requires, and it is interested in applying them on the branches of Ussul i.e. the extraction of Fiqh instructions from the Ussul bases. Many books were written within the frame of this method; among them the following ones.
The new books in Ussul science. Many new books are composed in Ussul science by Ulamas who have great weight in the domain of Charia' studies. These books are written in a simple and straightforward style in order to avoid ambiguities. In fact, this helps a lot the students and the searchers in Ussul science. These books provide them with the necessary keys that they need to understand the mother books of Ussul (the original books of Ussul). Among these books, we mention the following ones.
"Studies in the Rudiments of Fiqh ". It is written by Abdu El-Fatah Hosni Ech-Cheikh.
Part TwoThe Sources and the epochs of the Islamic legislation
Chapter one: The sources of the Islamic legislation. The sources which are referred to in deducing legal rules are divided into two types: The first type: the sources that are agreed on. The second type: the sources that are disagreed on. I. The sources that are agreed on. They are: the Noble Koran, the Sunna, El-Idjmaâ (Unanimity among the Sahaba) and El-Qias (Analogy). A) Its definition: |
