Questions tagged [usool-ul-fiqh]

It is the science concerning the comprehensive evidences of fiqh.

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I know that people that don't know Islam are justified with ignorance? But can every sin be justified with ignorance?

I know that people that don't know Islam are justified with ignorance? But can every sin be justified with ignorance? Example: A man living 2 centuries ago may not have know that worshiping idols is a ...
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Islamic legal principle “certitude cannot be removed by doubt”, and the slander of Aisha

It was narrated that ‘Abdullah ibn Zayd (may Allah be pleased with him) said: A man complained to the Prophet (blessings and peace of Allah be upon him) that he felt something whilst praying. ...
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Why aren't all commands of the Prophet treated as obligatory?

Muslims are commanded by Allah(SWT) to obey Him and His Messenger without exception: O you who believe, obey Allah, the Messenger, and those in command among you. If you disagree about something, ...
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If Prophet did two things, that are contrasting in nature, which among them is the Sunnah?

Prophet used to eat and drink sitting. Now, there are Hadith reports of him eating or drinking while standing. My question is, which is the Sunnah among them? Is it one of them or both or neither? I ...
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How exactly are the practical customs of people of Medina in the Maliki Jurisprudence defined?

Among the osol (the sources) of fiqh (see also in What are basic (osol al fiqh) differences & similarities between the 4 (existing) Legal Sunni Schools: Hanafi, Hanbali, Maliki, & Shafi'i? ...
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What are the characteristics of 'illal (criteria) that distinguish them from hikam (benefits)?

This question raised the point that it is hard to distinguish the term 'illah (criterion, Arabic: عله) from hikmah (benefit, Arabic: حكمه) when it comes to ahkām al-fiqh (rulings of jurisprudence, ...
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290 views

When does an order constitute fard?

I understand this question would be pretty opinion based, and broad, because most of the scholars differ with each other whether different subjects are fard (obligatory) or not. Examples: To say in ...
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Is the lack of information in a hadith a proof of something being allowed?

Most of the scholars seems to indicate that the lack of information in a hadith is a proof of something being allowed. For instance, it is ijma' on the fact that taking a bath on friday (or to the ...
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181 views

What is the minimum amount of narrations needed in order for a hadith to be classed as mutawatir according to the different scholars?

I understand that there are different of opinions about the requirements needed for a hadith to be considered mutawatir. According to this answer, the most commonly accepted definitions is one of ...
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649 views

What is the difference between Usul-fiqh/Usul-Din and Quranic studies and Sharia and Islamic Studies?

Is there actually any difference between Usul-Din and Usul-Fiqh? Which one should I go for if want to become a mufti?
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390 views

Which scholars deny hadith being mutawātir?

According to the muhaddith scholar Ibn Hibban (270 - 354 hijri), all khabar are as its best ahad: وأنكر الحافظ ابن حبان في صدر صحيحه الخبر المتواتر ، فقال : وأما الأخبار فإنها كلها أخبار آحاد ...
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Which sunni scholars denied ijma'?

In this video, Adnan Ibrahim argues against Ijma'. He also quotes Imam Ahmed: "قال " من ادَّعى الإجماع فقد كذب ، وما يدريه لعل الناس اختلفوا Imam Ahmed said: "The one calling upon ijma' has lied!"...
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518 views

Is everything that is harmful haram?

Is everything that is harmful for oneself haram? Please add references that prove that whatever is harmful for oneself is haram. Definition of harmful: Like smoking, eating certain food, or "too much"...
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298 views

What is the difference between 'illa and sabab in usul al fiqh?

I have been reading that some scholars do not differentiate between 'illa العلة and sabab السبب in usul al fiqh, while others do. Question: What is the difference between 'illa and sabab in usul al ...
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692 views

How was hijab (head covering) been made obligatory?

This question has ever been asked but i'm asking it again because: The answers given are not concrete Closed (as primarily opinion based) Closed (as too broad) The questions are as follows: First ...
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Sources of Fiqh from Madhabs

Within the sunni branch of Islam, there are the 4 major Madhabs (Hanafi, Shafii, Maliki and Hanbali). My question is, is there a book or compilation of sources for each and every fiqh draw by Imam Abu ...
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How do no Madhhab sects determine strongest opinion?

On Islamqa.info they discuss different opinions of a particular topic from the 4 schools and perhaps others then say "... But the strongest opinion is..." The same applies on Q & A shows on ...
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Are the statements of Ibn al-Jawzi, Ibn Hazm and Ibn Taymiyyah enough to declare Ijma' (consensus) on the sphericity of earth

It was reported in fatawa collection of Taymiyyah, that Abu-al-Hussain Ahmed ibn Jaafar ibn al-Munady said that there is a consensus about the sphericity of earth; fatawa collection (25/195). He also ...
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What is an academic understanding of Islam from a non-Muslims point of view?

I am not sure if this is question is off topic, but surely it is related to Islam or the understanding of Islam. The question is, What would be an academic understanding of Islam, from a non-Muslims ...
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159 views

Levels of obligatoriness of rulings within schools of law

I sometimes come across the term that a ruling is "mu'tamad" within a school of law - what does this mean? I am aware that some rulings are foundational and universally shared among the adherents of a ...
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What exactly do shia scholars mean with 'aql (intellect)? Explain with examples!

Even if the meaning is to some extent clear from "How Aql is different from Qiyas?" but a clear example or two to make clear how this source of fiqh is applied would be very helpful to understand it ...
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What is the difference between these terms referring to a majority of scholars: Ijma', Jumhoor and Jamaheer?

Often when reading a fatwa we read that there's consensus (ijma' الاجماع). Or the majority of scholars say so sometimes the majority in Arabic is referred to by jomhoor (al-'Ulama') جمهور العلماء or ...
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What are basic (osol al fiqh) differences & similarities between the 4 (existing) Legal Sunni Schools: Hanafi, Hanbali, Maliki, & Shafi'i? Charts? [closed]

What are the basic (osol al fiqh) differences and similarities between the four existing legal sunni schools of thoughts: Hanafi, Hanbali, Maliki, and Shafi'i? Is there a chart/venn diagram that is ...
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What is the difference between qiyas and istislah?

I was just wondering if someone could explain the difference between istislah and qiyas to me and perhaps provide some examples for me. They both seem to involve the use of deductive reasoning and the ...
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217 views

Difference between Ijma' on transmission and Ijma' on opinion

What is the difference between Ijma' on the transmission (الإجماع على النقل) and Ijma' on the opinion? (إجماع في الرأي). Apparently, they are sub-categories of Ijma (الإجماع) but what is the precise ...
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Difference between tahriman and tanzihan makrooh

It is understood from that expression that to remove the hairs on the back and chest is not haram or tahriman makrooh for Hanafis. It can only be tanzihan makrooh, contrary to decency. I was ...
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225 views

Can ijtihad be a source of religious ruling?

To me, "ijtihad" is an opinion of a person in matters of religion when, no direct guidance is available from Quran and Sunnah of our prophet, Muhammad (PBUH), about that topic. This person is usually ...
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What types of ahadith do scholars derive fiqh from?

There are many ways to classify ahadith. One method is by authenticity: is it saheeh (authentic beyond question), hassan (good), da'eef (weak), or mawdoo' (fabricated?) In my answer on another ...
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Is the prophet's (pbuh) life before the Qur'an was revealed to him considered as sunnah?

I read couple of definitions of sunnah and they were all something like "whatever the Prophet (pbuh) said, did or approved to do." But none mentions these have to be after Islam have been revealed to ...
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How Aql is different from Qiyas?

In Usool-al-Fiqh Shia uses Aql or intellect as a source of legislation as mentioned in this answer- http://islam.stackexchange.com And the Sunni uses Qiyas or analogy in Fiqh. In my understanding, ...
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What are the qualities Imam Ash-Shafiee Listed as qualifications necessary for someone to become a Mujtahid?

I recall sitting in a class where we talked about ijtihaad and mujtahideen, the ones who are qualified Islamically to be able to derive a ruling on a new issue (for example, organ donation). I recall ...
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379 views

Where and when did the notion of “You must follow one madhhab exclusively” originate?

Can someone with knowledge on the evolution of fiqh pinpoint something in history about where this notion originated from? Today we hear from one side that following one madhhab exclusively is almost ...
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678 views

What is Ijmaa? How is it established?

As we've discussed in several other questions, one of the important bodies from which we derive fiqh (legislative rulings) is ijmaa, or consensus of the scholars. I wonder, then, how is it that ijmaa ...
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What are the sources of Legislation in Shia Islam?

TLDR: What sources of legislation are valid in Shia Islam? Given that Shia Islam varies greatly (asharis vs. rafidees). I will explain by an analogy in Sunni Islam what I'm looking for. In Sunni ...
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What are Ijma (izma) and qiyaas (kias) and when are they applied?

I have heard Ijma & Qias are applicable if there is nothing specific in The Quran or Hadith. Is that true?? So my question is what are Ijma and qiyaas, and when are they applicable?