Abstract
The Principles of Jurisprudence (Usul al-Fiqh) is a well-known science in the field of Shari’ah. Almost all institutions in Malaysia offering Islamic Studies in the field of Shari’ah make The Principles of Jurisprudence as compulsory course that must be taken by each candidate. This is due to the Principles of Jurisprudence dealing with crucial matters such as al-Dalil al-Ijmali (Comprehensive Proof), istinbat (derivation of rulings from nas (text) and debates related to ijtihad (the exertion of the utmost effort by a trained jurist). This study using both descriptive and analytical methods concludes that the Science of the Principles of Jurisprudence is extremely important for it equip the researcher with a clearer and deeper understanding of the Arabic speech rather than its linguistic sense and superficial meaning. Hence, the Principles of Jurisprudence is an absolute requirement for proper understanding of the Shari’ah, hence, derivation of rulings.
Highlights
In discussing the principles of jurisprudence scholars and writers, normally, begin with discussion of the individual component elements of the term separately, meaning to say principles, usul and fiqh, only they attempt defining its collective meaning in a terminological sense
Almost all institutions in Malaysia offering Islamic Studies in the field of Shari’ah make The Principles of Jurisprudence as compulsory course that must be taken by each candidate. This is due to the Principles of Jurisprudence dealing with crucial matters such as al-Dalil al-Ijmali (Comprehensive Proof), istinbat
It could be said that the definition of the usul al-fiqh in relative sense is the innovation of the contemporary scholars
Summary
In discussing the principles of jurisprudence scholars and writers, normally, begin with discussion of the individual component elements of the term separately, meaning to say principles, usul and fiqh, only they attempt defining its collective meaning in a terminological sense. Looking through the classic books one would not be able to find any specific definition for the usul al-fiqh They contained only the meaning of its component elements usul and fiqh the former with the connotation of principle and the latter with jurisprudence. We are obliged to refer to the books of contemporary or modern scholars in order to define the term usul al-fiqh collectively, in other words, to define it in terminological sense. They seem not to have relied in their definition on any turath (classic) books except when defining the word usul (principles) and al-fiqh (jurisprudence) individually. Ayman (2006) defines it as hukm kulliyy expressed in precise expressions by mean of which one is able to derive rulings from al-adillah (evidences) and to undertake reasoning, istidlal using certain methods, and to know the required conditions of the mustafid (jurist)
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