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Chapter 1: Introduction to Qawaid Fiqhiyyah - Coggle Diagram
Chapter 1:
Introduction to Qawaid Fiqhiyyah
Meaning
Technical meaning:
apply to most, but not all, of the
relevant cases.
held by the majority of scholars, is that
qawaid fiqhiyyah are comprehensive rules.
Differences of the terms
Dawabit Fiqhiyyah
Qawaid Usuliyyah
Qawaid Fiqhiyyah
Nazariyyat Fiqhiyyah
Usul Fiqh
Literally
: Roots of Islamic law
Technically
: Methods by which rules of fiqh are deduced from their sources / methods how to deduce the hukum
Furuq Fiqhiyyah
Fiqh
Literally
: The true understanding of what is intended
Technically
: It is the end product of Usul Fiqh
Aspects
: (A1) It is a body of legalized practical rules in Islam
(A2) The knowledge of the detailed rules of islamic law in its various branch
Kulliyyat
Shariah
Literally
: Path to be followed
Technically
: The sum total of Islamic law which were revealed to the Prophet Muhammad and which are recorded in the Quran as well as deducible from the prophet's divinely guided lifestyle.
Component
: Al-Ahkam Al-I'tiqadiyah, Al-Ahkam Al-'Amaliyah, Al-Ahkam al-Akhlaqiyah
Al-Ashbah wa al-Nazair
Importance of learning
qawaid fiqhiyyah
Studying them provides a person with
a juristic frame of reference and outlook
Enables the jurists in issuing the rulings on particular cases
Enables the jurists to be precise in his judgments and preclude the need to memorize the rulings for most particular issues
Rebuts those who accuse Islamic law of being inflexible and stagnant
Regulate numerous widely dispersed
issues organize it in a single unit
Provide the easiest means for non specialists on Shariah
Sources
Al-Hadith
Al-Ijtihad
Al-Quran
Functions
As a tool towards understanding
problem
As a code of law
As a sources
Characteristic
3) An established principle
4) Expressive, often in a few words, of the goals and objectives of the shari‘ah
2) Usually in the form of short epithetical statement
6) General in nature so that can be applicable to many different areas and situations
1) Legal maxims are theoretical abstractions
5) Statements of principles that are derived from the detailed reading of the rules of fiqh on various themes
Advantages of al-Qawaid
al-Fiqhiyyah development
towards jurists’ practice
2) Be reference
3) Standardize the standards
1) Avoiding dispute
4) Become established law
Ways in ensuring the best rulings issued in the
muamalat/halal cases based on al-Qawaid al-Fiqhiyyah
Looking on the current reality
Increase Arabic skills
Reading the book of QF among mazhab
Doing fieldworks
Learning all the maxims together
Classifications of al-Qawaid al-Fiqhiyyah
Classification 2
Al-Qawaid Al-Kuliyyah
(General Maxims)
Al-Qawaid Al-Mazhabiyyah
(Doctrinal Maxims)
Al-Qawaid Al-Asasiyyah
(Major & Primary Legal Maxims)
Maxims that are Disputed
in Single Doctrine
Classification 3
Al-Qawaid Al-Kuliyyah Al-Kubra
(The major Comprehensive Maxims)
Auxiliaries of the Major
Maxims
Is not limited to a
particular chapter of fiqh
Is limited to a
particular chapter of fiqh
Al-Qawaid Al-Kuliyyah Al-Sughra
(The Minor Comprehensive Maxims)
Classification 1
Al-Qawaid al-
Asasiyyah
Al-Qawaid al-
Furu’iyyah
Ittifaqiyyah
Khilafiyah