Please enable JavaScript.
Coggle requires JavaScript to display documents.
Introduction to Al-qawaid fiqhiyyah - Coggle Diagram
Introduction to Al-qawaid fiqhiyyah
Meaning of al-qawaid al-fiqhiyyah
Generally: Qawaid fiqhiyyah means the principles of fiqh (islamic law) which can be applied in different fields of fiqh that come under the common rulings.
Advantages of al-Qawaid al-Fiqhiyyah development towards jurists’ practice
Be reference
Standardize the standards
Avoiding dispute
Become established law
Sources of al-qawaid al-fiqhiyyah
Al-Hadith
Al-Ijtihad
Al-quran
Classifications of al-qawaid al-fiqhiyyah
Al-Qawaid al- Kulliyyah (General Maxims)
Al-Qawaid al- Mazhabiyyah (Doctrinal Maxims)
Al-Qawaid al- Asasiyyah (Major & Primary Legal Maxims)
Maxims that are Disputed in Single Doctrine
Characteristics of al-qawaid al-fiqhiyyah
An established principle.
Expressive, often in a few words, of the goals and objectives of the shari‘ah.
Usually in the form of short epithetical statements.
Statements of principles that are derived from the detailed reading of the rules of fiqh on various themes.
Legal maxims (al-qawaid al-fiqhiyyah al-kuliyyah) are theoretical abstractions.
General in nature so that can be applicable to many different areas and situations
Functions of al-qawaid al-fiqhiyyah
As a tool towards understanding problem/issues
As a code of law
As a sources / guidance
Ways in ensuring the best rulings issued in the muamalat/halal cases based on al-Qawaid al-Fiqhiyyah
Reading the book of qawaid fiqhiyyah among mazhab.
Learning all the
maxims together
Increase Arabic
skills
Looking on the current reality
Doing fieldworks
Importance of learning al-qawaid al-fiqhiyyah
Provides a person with a juristic frame of reference and outlook that illuminate the way for him to study the numerous and wide-ranging chapters of fiqh
Rebuts those who accuse Islamic law of being inflexible and stagnant
Enables the jurists to be precise in his judgments and preclude the need to memorize the rulings for most particular issues.
Regulate numerous widely dispersed issues organize it in a single unit, which enables the jurists to perceive the common features
Provide the easiest means for non specialists on Shariah to become acquainted with fiqh and its comprehensiveness.
Enables the jurists in issuing the rulings on particular cases in a consistent manner
Differences of the terms
Qawaid Usuliyyah
Nazariyyat Fiqhiyyah
Qawaid Fiqhiyyah
Furuq Fiqhiyyah
Dawabit Fiqhiyyah
Kulliyyat
Al-Ashbah wa al-Nazair
Usul fiqh
Literally: Roots of Islamic laws
Technically: Methods by which rules of fiqh are deduced from their sources / methods how to
deduce the hukum
Fiqh
Literally: The true understanding of what is intended.
Technically: It is the end product of usul fiqh
Shariah
Literally: Path to be followed
Technically: The sum total of Islamic laws which were revealed to the Prophet Muhammad and which are recorded in the Holy Quran