Friday, September 7, 2012

USHUL FIQH (MEANING, POSITION, RULE)

 
Triggering a law (istinbath) from recognized sources of sharia must not be based on lust and pleasure, but it needs to go through certain steps that must be followed by a mujtahid, it should also use provision rules and basic regulations to get an acceptable ijtihad and accountable permission.

It takes a science that addresses the sources, arguments, position of laws that will be a dalil, and a method to reach it; a science that formulates specific methods and rules to trigger a law; a science that should be thorouhgly discovered by a mujtahid in trying to understand the law from specific dalil, the science is ushul fiqh. That's why Ibn Khaldun says that this science is the largest science of sharia, the highest in position, and the biggest in benefit.[1]

The description above is the core of ushul fiqh, but scholars of ushul (ushuliyyun) give a distinct definition. The definition is reviewed as the order of language and its status as a name of a science. In Arabic grammar, ushul al fiqh is an order of idlafiyah; “ushul” is mudlaf and “al fiqh” is mudlaf ilaih.

The purpose of the expression of this definition is the students newly learned the science be able to understand and realize the terms used by scholars of ushul when they will be going through their books. Below, I will display the definition of the ushul fiqh starting with its grammar in Arabic language as an order of idlafiyah, then from its status as the name of a science. 



[1] Muqaddimah Ibnu Khaldun, p. 452.

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