Fiqh 301

Islamic Online University

I.

Class Description
A. Name of Class:
B. Credit Hours:
C. Catalog Description:

D.
II.

III.

Instructor Information
A. Name:
C. Instructional methods:

Textbook and Supplies

A. Required Text:

B.

IV.

Prerequisites:

Supplementary Texts:

Fiqh 301
This course is a survey of usool al-fiqh (the
principles of Islamic jurisprudence). The
main topics of study are the daleels that are
universally
considered
authoritative,
followed by the controversial daleels
(excluding those most relevant to alMaqaasid al-Shariyyah), linguistic issues
relevant to interpretation of the texts, the
nature of Shareeah rules, and issues
concerning ijtihaad.
None

Riaz Ansary
Recorded lectures, live discussions and
independent student research

Bilal Philips, A Commentary on Usool alFiqh Made Easy

Study notes by Riaz Ansary
Imran Ahsan Khan Nyazee, Outlines of
Islamic Jurisprudence
Muhammad Hashim Kamali, Principles of
Islamic Jurisprudence

Objectives
A. To enable the student to understand the origins of the Science of Usool
al-Fiqh.
B. To familiarize the student with the proofs for the authority of the various
types of evidence recognized in Usool al-Fiqh and the arguments of
those who reject various proofs.
C. To acquaint the student with the main rules regarding interpretation of
textual evidence as well as the most important controversies surrounding
some of them.
D. To give the student a clear framework for understanding the nature of
rules employed in fiqh.
E. To familiarize students with the methodology for dealing with apparently
contradictory evidence.
F.
To acquaint the student with the main issues related to ijtihaad

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Fiqh 301
V.

Class Content
Class Procedure/Instruction Methodology
Recorded Lectures dedicated to the course material will be available for
online viewing or download and periodic Live Discussions will be held
with the instructor on topics covered.
Homework Assignments
1 Homework assignments will be assigned.
Exams
The course will contain Session tests, a midterm exam and a final exam.
The final exam is not cumulative. All students will take the exams on the
scheduled day and time.

VI.

Attendance Policies
A. Attendance:
The students are required to login and access the weekly
sessions each week for all subjects available. There is no
fixed time for accessing the content. Students may do it
at their own convenience but within the week in which
the content is required to be studied.
Students are encouraged to make every effort to join the
Live Sessions as this will be best for them. If sometimes
circumstances do not allow, then they may listen to the
recording of that Session.

B.

Special requirements
1.
Students should behave respectfully during Live Discussions, in
their correspondences and forum posts. If a student is
disrespectful to the instructor or to another student he or she will
be removed from class.
2.
The Video and Audio study material provided to you is
confidential and copyrighted. You are allowed to keep a copy
on your PC but you are not allowed to distribute copies to
others.
All students should participate fully in Live Discussions.
3.

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Fiqh 301
4.

As a student of the Islamic Online University, you should

pledge that all tests taken by you and that all work turned in by
you will be original and solely the result of your own efforts.
Any form of academic dishonesty, including cheating and
plagiarism, will be recorded in the students permanent file.
Breaches of academic integrity will be dealt with severely, as
per the University policy. After the first instance of a breach of
academic integrity, the student will receive a failing grade IN
ALL CLASSES FOR WHICH HE/SHE IS CURRENTLY
ENROLLED. After the second instance, the student will be
expelled permanently from the program.
Note: Besides the definition of cheating in the Student
Handbook, cheating in this class includes using others planning
or drafting to generate ones own essay, copying any part of
another persons homework, or collaborating on assignments
that are meant to be individual efforts. Unless otherwise
indicated, all assignments completed outside of class should be
completed individually.

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Fiqh 301
Class Schedule
Session 1

Session 2

Session 3
May 28

Topics:

Introduction: linguistic and technical definitions of

the terms usool, fiqh, and usool al-fiqh. The
objective and benefits of the science will be
discussed, and its subject range will be compared to
that of fiqh, al-qawaaid al-fiqhiyyah and maqaasid
al-Shareeah. We will start looking at development
of the field by examining ijtihaad during the
Prophetic era.

Reading
Assignments:

Bilal Philips, A Commentary on Usool al-Fiqh, pp.

9-15;
Nyazee, pp. 21-46

Topics:

The fields of knowledge that contributed to usool alfiqh will be identified, i.e. the Quraan, Sunnah,
Arabic language, logic and fiqh.
Study of the development of the field will be
continued.
ijtihaad by the Sahaabah after the Prophetic era
ijtihaad by the Taabieen
ijtihaad in the era of the Four Imaams
Imaam al-Shaafiees al-Risaalah will be
examined in some detail, with a look at his main
concerns in the book.
Major works after Imaam al-Shaafiee will be
mentioned, and the difference between the
approaches
of the
Hanafees
and the
Mutakallimoon will be discussed.

Reading
Assignments:

Bilal Philips, History of Usool al Fiqh

Topics:

Hukm will be defined linguistically and in Shareeah

terms. The two main types of Shareeah rules will be
identified, and then al-hukm al-takleefee (assigning
Shareeah value to peoples acts) will be discussed in
detail:
waajib
haraam
mandoob
makrooh
mubaah
Each category will be defined and its subdivisions
identified and discussed. The ways by which each
category can be identified will be examined.

Reading

Philips, A Commentary on Usool al-Fiqh, pp. 19-40

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Fiqh 301

Session 4

Session 5

Session 6

Session 7

Assignments:

Nyazee, 48-54, 58-72

Topics:

Declarative law (al-hukm al-wadee) will be defined

and each of its subdivisions will be identified and
defined, with examples, relevant subcategories, and
ways of identifying categories when appropriate:
sabab, shart, maani
saheeh, faasid, baatil
adaa, iaadah, qadaa
azeemah, rukhsah

Reading
Assignments:

Philips, A Commentary on Usool al-Fiqh, pp. 41-53

Nyazee, 55-56, 72-76
Ansary, Ahkaam Wadiyyah

Topics:

Part I: the nature of Shariah laws

Part II: legal capacity:
the key role of the intellect in determining legal
capacity
things that affect the intellect and how they affect
legal capacity
the impact of free will on legal capacity

Reading
Assignments:

Nyazee, 77-122

Topics:

An overview of types of evidence:

qatee/zannee
primary/secondary
transmitted/rational
The Quraan
the Quraans legal authority
Makkee/Madanee verses
asbaab an-nuzool

Reading
Assignments:

Nyazee, 124-132
Ansary: Quraan

Topics:

The Sunnah (Part 1):

its legal authority,
the relationship between the Quraan and the
Sunnah,
means by which the Sunnah was transmitted:
mutawaatir reports

Reading
Assignments:

Philips, A Commentary on Usool al-Fiqh, 166-169,

180-185

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Fiqh 301
Nyazee, 132-136, 139-141
Ansary: QS Relationship
Session 8

Session 9

Session 10

Topics:

The Sunnah (Part 2):

isolated reports (akhbaar aahaad)
levels of authenticity of isolated reports;
controversy surrounding the legal authority of
isolated reports;
the legal meaning of different aspects of the
Sunnah:
statements made by the Prophet (pbuh) in his
capacity as a prophet, as a ruler, as a general, as a
judge, as a muftee, as an advisor;
the acts of the Prophet (pbuh)

Reading
Assignments:

Philips, A Commentary on Usool al-Fiqh, 169-185

Nyazee, 136-139
Ansary: Mutawaatir and Aahaad, Afaal ar-Rasool

Topics:

Naskh:
definitions,
controversy over the validity of the concept;
proofs for naskh,
how can naskh be known;
types of naskh

Reading
Assignments:

Philips, A Commentary on Usool al-Fiqh, 148-157

Topics:

Linguistic Issues: Clarity of Language:

The majoritys classification scheme:
nass, zaahir, mujmal
Ways that bayaan (clarification) of the mujmal
occurs
The Hanafee classification:
the clear: zaahir, nass, mufassar, muhkam
the
unclear:
khafiy,
mushkil,
mujmal,
mutashaabih

Reading
Assignments:

Philips, A Commentary on Usool al-Fiqh, 131-147

Ansary, Clarity of Wording

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Fiqh 301
Session 11

Session 12

Topics:

Linguistic issues: Haqeeqah and Majaaz (Literal and

Figurative Language)
definitions;
controversy over the existence of figurative
language in the Arabic language and Shareeah
texts;
instances of claimed figurative language in
Shareeah texts; taweel (diverting the meaning) of
zaahir texts to non-apparent meanings;
warnings in the Quraan against improper taweel;
examples of valid and invalid taweel;
rules that govern taweel.

Reading
Assignments:

Philips, A Commentary on Usool al-Fiqh, 54-76

Ansary, Haqeeqah and Majaaz; Thaahir and Taweel

Topics:

Commands and Prohibitions

definitions; ways that commands and prohibitions
are conveyed in Arabic
the legal value of commands and prohibitions
an order after a prohibition
non-literal uses of commands and prohibitions

Reading
Assignments:

Philips, A Commentary on Usool al-Fiqh, 75-101

Mid-term Exam

Session 13

Topics:

The General (Aamm) And Specific (Khaass) (Part

1)
definitions;
wordings that convey generality;
types of general texts
Are aamm texts probable or definitive in their
indication of generality?

Reading
Assignments:

Philips, A Commentary on Usool al-Fiqh, 102-115

Ansary, Aam and Khaass I

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Fiqh 301
Session 14

Session 15

Session 16

Session 17

Topics:

The General (Aamm) and Specific (Khaass) (Part 2)

general wording with respect to gender
specification (takhsees)
types of takhsees
conflict between aamm and khaass
differences between takhsees and naskh
The Mutlaq (Absolute) and Muqayyad (Restricted)
definitions
the working relationship between the mutlaq and
muqayyad

Reading
Assignments:

Philips, A Commentary on Usool al-Fiqh, 116-134

Ansary, Aamm and Khaass II

Topics:

Textual Implications: The Stated (Mantooq) and

Unstated (Maskoot)
ibaarat al-nass
iqtidaa
ishaarah
mafhoom al-muwaafaqah
mafhoom al-mukhaalafah

Reading
Assignments:

Ansary, Textual Implications

Topics:

Ijmaa
definitions
books on ijmaa
controversy on the authority of ijmaa

Reading
Assignments:

Philips, A Commentary on Usool al-Fiqh, 158-165

Ansary, Ijmaa

Topics:

Qiyaas (Part 1)
definitions
proofs for qiyaas against those who reject it
essential components of analogical qiyaas and the
conditions pertaining to each:
original case (asl)
new case (far)

Reading
Assignments:

Philips, A Commentary on Usool al-Fiqh, 186-193

Ansary, Qiyas, 1-6

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Fiqh 301
Session 18

Session 19

Topics:

Qiyaas (Part 2)
essential components of analogical qiyaas (cont.)
effective cause (illah)
Shareeah value (hukm)
identifying the illah
textual indicators
tanqeeh al-manaat
takhreej al-manaat
tahqeeq al-manaat

Reading
Assignments:

Philips, A Commentary on Usool al-Fiqh, 194-210

Ansary, Qiyas, 7-12

Topics:

Istis-haab (Presumption of Continuity)

definitions
recognition of its authority
evidence for its authority
Types:
presumption of original absence
presumption of original presence
presumption of continuity of general rules of
the law
presumption of continuity of attributes

Reading
Assignments:

Ansary, Istis-hab

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Fiqh 301
Session 20

Session 21

Topics:

Shareeahs of Previous Prophets

areas of agreement
area of dispute
evidence in support of the legal authority of the
Shareeah of previous prophets for this Ummah
evidence against
Custom (Urf)
definitions
textual evidence for Shareeah recognition of
custom
Shareeah judgment on types of pre-Islamic Arab
customs:
recognized as is
recognized but modified
negated
types of urf
verbal vs. actual
general/special
valid/invalid
conditions of valid urf
differences between urf and ijmaa
examples of a change of fatwaa based upon a
change in custom

Reading
Assignments:

Ansary, Shariahs of Previous Prophets, Urf

Topics:

A Companions Opinion (Fatwaa of a Sahaabee)

definitions of a Sahaabee
defining the areas of disagreement regarding the
fatwaa of a Sahaabee
positions on the authority of the fatwaa of a
Sahaabee
evidence for the main positions

Reading
Assignments:

Ansary, The Fatwaa of a Sahabi

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Fiqh 301
Session 22

Session 23

Topics:

Conflicting Evidence (Part 1)

definitions
causes of conflict
conditions for the existence of actual rather than
apparent contradiction
is actual contradiction possible between two
daleels of the Shareeah?
evidence for the main positions
inconsistency is of three possible types
methodologies of dealing with perceived
contradiction between Shareeah texts

Reading
Assignments:

Ansary, Conflicting Evidence, 1-6

Topics:

Conflicting Evidence (Part 2)

Types of contradiction between transmitted
evidence
between the general (aamm) and specific
(khaass)
between the mutlaq (absolute) and muqayyad
(restricted)
between wordings of differing levels of clarity
between haqeeqah and majaaz
between mantooq and maskoot
between statements and acts
Conditions for valid reconciliation
Strategies of reconciliation
Tarjeeh
main factors to look at in conducting tarjeeh:
isnaad
matn
madlool or hukm
outside factors

Reading
Assignments:

Ansary, Conflicting Evidence, 6-17

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Fiqh 301
Session 24

Session 25

Topics:

Ijtihaad (Part 1)
definitions
levels of ijtihaad with regard to the texts
locus of ijtihaad
the hukm of ijtihaad
If a mujtahid arrives at a decision but, after reexamining the evidence, later changes his mind
proof for the validity of ijtihaad
Did the prophet (pbuh) perform ijtihaad?
qualifications for ijtihaad

Reading
Assignments:

Philips, A Commentary on Usool al-Fiqh, 211-213,

215-217
Nyazee, 178-180
Ansary, Ijtihaad, 1-6

Topics:

Ijtihaad (Part 2)
different types of muftees
Can ijtihaad be divided?
collective ijtihaad
Is every mujtahid correct?
Should the average Muslim follow the daleel or
follow a scholar?
Can the questioner ask the muftee for his
evidence?

Reading
Assignments:

Philips, A Commentary on Usool al-Fiqh, 214-215,

217-221
Nyazee, 32-34, 183-185
Ansary, Ijtihaad, 7-21

Final Exam

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