This course will further students’ familiarity with Islamic legal theory. By using the text al-Waraqāt as a guide for study, we will finish examining the four main topics of Islamic legal theory: the sources of legislation (evidences), how to derive rulings from these evidences (textual implications), the rulings derived, and the qualifications of the one who can derive these rulings and one who cannot.
Without understanding the principles of the fiqh, one’s understanding of fiqhi matters and deductions will always be inconsistent, because s/he may apply one principle on one issue and its opposite on a similar one. The understanding of usool in an applied way and how they relate to fiqh is part of the objective of this course.
Providing the student with the knowledge that will help him recognize the sources of the Fiqh rulings, such as the Quran, Sunnah, Ijma’ (consensus), Qiyas (analogical reasoning), ‘Urf (customs)…etc. Their order of priority will be discussed as well. In the first course, our focus will be on the Ijma’ (consensus), Qiyas (analogical reasoning), ‘Urf (customs), Istishab (Presumption of Continuity) as well as Sadd al-Dhara’i` (Blocking the Means). A discussion on the Hukm Shar`i (Law or Value of Shari’ah) is part of this class, and here the student should be able to tell the exact difference between an obligation and a recommendation, and when is a matter judged as one or the other. The science and art or reconciliation between seemingly contradictory proofs is an integral part of the work of a Faqihs, and in this course, the student will study their methods in reconciliation. The entire work of deduction of rulings from the scriptural evidence is the lot of the mujtahids. Who are the mujtahids and what procedures do they follow in their work is part of the discussion in this course. (3 credit hours)
About the Instructor(s)
Dr. Muhammad Said currently works as a associate professor at the Dept. of Islamic Studies in English, Al-Azhar University and associate professor at Taibah University, Madina
He obtained his Ph.D. from Al-Azhar University in 2007 in Hadith