^5

II IF FOUNDATIONS OF THE
KNOWLEDGE
OF USUL
A Translation of the Text
'Al-Usul min llm al-'Usu!

by the Noble Shaykh

Muhammad bin Salih

Al-'Uthaymin
The Foundations of the
Knowledge of Usul

By
ShaykhMuhammad bin salih
Al-Uthaymin m
 CONTENTS

Author's Introduction 7

USUL UL-FlQH 8
The Benefits of Jurisprudence 11

RULINGS (AL-AHKAM) 12
The Types of Rulings in the Shariah 13

Rulings ofWad'lyah 15

iCNOWLEDGE 18
Categories of Knowledge 19

Speech (Al-Kalam) 20
Parts of speech 21

Truth and metaphor 23

THE COMMAND (AL-AMR) 28

Forms of the command 28

What the wording of a command necessitates 29

THE PROHIBITION (AN-NAHl) 35

What the wording of prohibition necessitates 36

The General (Al-'Am) 44

5
 The Foundations of the Knowledge of UsOl

Forms of General (Al-'Am) 45

Acting on the general 49

The Specific (Al-KhAs) 49

The Absolute and the Restricted 60
The Obscure and the Clarifying 65

The apparent and the Interpreted ...70

abrogation (AN-NASKH) 74
al-akhbar 84
Consensus (Al-ijma') 95
Analogy (Al-Qiyas) 99
Contradiction (At-Ta'arud) 113
The Mufti &the Mustafti 123

Al-IjtihAd 126

Blind Following (TaqlId) 128

references 135

review Questions 136

6
 Author's Introduction

All praise is due to Allah; we praise Him; seek His help and
forgiveness; we repent to him; we seek refuge with Allah
from the evils of ourselves and the evils of our actions. For
whosoever Allah guides none can misguide and whosoever
He misguides none can guide, I bear witness that there is no
true god but Allah alone with no partner and I bear witness

that Muhammad is His slave and Messenger, may Allah's

peace and blessings be upon him, his family, his

companions, and those who follow them until the Day of

Judgment.
To proceed, this is a brief treatise in the principles of
jurisprudence that I have written in accordance to the

prescribed curriculum for the third year of high school in the

institutes of Islamic Knowledge and I have called it "The
Foundations of the Knowledge of Usui".
I ask Allah to make our actions purely for Allah and
beneficial to the slaves of Allah; He is ever close, the

Responder.
 USUL UL-FlQH

The definition of Usui ul-Fiqh is understood in two ways:

3
Firsdy with regards to the first component 'Usui and the
second 'Fiqh'.
'Usui' is the plural of the word 'asF and it means
whatever can have something else built upon it; from that
we have the 'asl' (foundation) of a wall which is in essence its

base; likewise, the foundation of a tree which has many

branches sprouting from it. As Allah the Most High says:

^ l$i£j&J c~jIj LfL^I

)
iiT CJj& 1

y jU' ^

'Have you not considered how Allah presents an example,

[making] a good word like a good tree, whose root is firmly
fixed and its branches [high] in the sky?' (14:24)

c
Fiqh\ linguistically means understanding, as is the case in

the statement of Allah the Most High:

4
And untie the knot from my tongue. So that they may
understand my speech/ (20:27-28)

And its use in the science of jurisprudence is: knowledge of

the rulin gs of the Shariah along with their specific evidences.

8
 The Foundations of the Knowledge of Usul

The meaning of the word ma rifah' is knowledge and

conjecture; because rulings of fiqh can be perceived with
certainty or speculation, as is the case in many issues of fiqh 1

The meaning of the words legal rulings' (al-ahkam as-

shar'iyyah) is: rulings derived from the legislation, such as
the obligatory or prohibitive nature of something, so from

this is excluded rulings based on intellect; such as the

knowledge that the whole of something is always bigger than
any individual part, also general rulings like rain falling
during a clear wintery night.
The meaning of the word: 'process' (al-'amaleyyah) is

whatever is not connected to beliefs, such as the prayer and

zakat, so from this we can exclude all those things which are
connected with beliefs; such as Tawhid and knowing the

1
The Shaykh said: 'And due to this we said that ma'rifah gathers together knowledge
('Urn) and conjecture/speculation (Adh Dhann). This is because many of the rulings in
fiqh issues are speculative (in nature)' till his words: 'So if it is said: "How is it correct
for you to say this when Allah says: 'Indeed you only follow conjecture/ (6:1 16) and:
,
'Indeed some conjecture is sin, (49:12) and Allah rebukes those who follow
conjecture?" We say: If the speculation is built upon ijtihad then this is what men can
be capable of. Allah says: "Allah does not burden a soul with more than it can bear,''
(2:286) and due to this the Prophet £ said: 'If a ruler makes ijtihad and is correct he
gets two rewards and if he is mistaken he gets one reward*.. -till his words: 'The
conjecture that is censured is that which is not based upon any foundation. For
example, that a man comes to a common person and asks him: What do you say
concerning this, is it permissible or forbidden? So He says: 'I think it is forbidden'. So
this is not permissible (to do). But if a man who is a mujtahid contemplates and reflects
upon the evidences and then his speculation is dominated towards (the conclusion) that
this (particular) saying the preponderant opinion, then there
is
is no harm in this. This
is because this one has done his upmost,' (Sharh Usui Min Ilm Al Usui pg 28)

9
 The foundations of the knowledge of usul

names and attributes of Allah, so none of these things are

called fiqh in jurisprudence.

The meaning of the words: 'specific evidences' (al-adillah

at-tafslleyah) is: evidences of fiqh that are coupled with

detailed matters of fiqh, so from this (definition) we can
exclude Usui ul-Fiqh itself, because its scope is limited to the

general evidences of fiqh. Secondly, with regards to it being

a label for this particular science, then it is defined as: a
knowledge where the evidences of fiqh are determined in
general and how they are to be benefitted from and the
condition of the beneficiary.
The meaning of the word 'generality' (al-ijmaliyyah) is:

general rules, such as the saying: commanding indicates

obligation and forbidding indicates prohibition, and good

health requires [that whatever has to be implemented] be
implemented.
So from this [definition], we can exclude specific

evidences, as they are not mentioned in Usui ul-Fiqh except

by way of giving an example for the rule.
The meaning of the words 'and how to make full use of

them' (wa kayfiyat ul-istifadata minha) is: knowledge of how

to allow the rulings to make full use of the evidences by

studying the words and their implications, [distinguishing]

the general from the specific, the restricted from the

unrestricted and the abrogated from the abrogating and

other than that; so by virtue of his insight the faqih can
benefit from the evidences of fiqh and the rulings.

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 THE FOUNDATIONS OF THE KNOWLEDGE OF USUL

The meaning of the words 'condition of the beneficiary'

(hal al-mustafid): if the beneficiary is a Mujtahid then he is

named as such due to his benefitting from the evidences

because he has reached the level of a Mujtahid, so knowledge
of the Mujtahid and the conditions of Ijtihad and its ruling
return to Usui ul-Fiqh.

The Benefits of Jurisprudence

Usui ul-Fiqh is a noble science, of the utmost importance,

immensely rewarding, (by which one is) able to obtain a
capacity to extract legal rulings from evidences on a sound
footing.

The first person to make this an independent science was

Imam ash-Shafi'i Muhammad Ibn Idris, many other
then
scholars followed him in that and authored many books,
which ranged from prose, poetry and brief and long volumes
until it became an entity in its own right with discernible
features.

11
 RULINGS (AL-AHKAM)
# m
'Al-Ahkam' (rulings) is the plural of hukm and linguistically
means a judgment, which has been necessitated by the
speech of the legislator relating to the actions those
burdened with carrying out the obligations of the legislation

(al-mukalifin) are mandated, either by request, or choice, or

state.

The intent behind our saying 'the speech of the legislator

is: theQuran and the Sunnah.

The meaning of our words 'relating to the actions of
those burdened with carrying out the obligations of the
legislation' is: what is connected to actions, whether in word
or deed, to do something or leave it. So this excludes
whatever is associated with belief, so it is not called a ruling
with regards to this terminology.

The meaning of our statement 'al-mukalifin' is: whoever

is included by the process of being burdened to fulfil the

obligations of the legislation, which excludes the young and

the insane.
The meaning of our statement 'mandated' (talab) is:
commands and prohibitions, whether it be by way of
obligation or preference.

12
 THE FOUNDATIONS OF THE KNOWLEDGE OF USUL

The meaning of our word 'choice

1

(takhylr) is in
whatever is permissible, and what is meant by our word state
(wad') is: what is correct or otherwise as dictated by the
Legislator through signs or descriptions which are to be
implemented or cancelled.

The Types of Rulings in the Shariah

The types of commands (in the Shariah) fall into two

categories: Taklifiyah and Wad'iyah.
The Taklifiyah are five: wajib (obligation), mandub
(encouraged to undertake), muharram (prohibited), makruh
(disliked) and mubah (permissible).

1 — Wajib: linguistically means what has fallen or what is

compulsory. Technically it means: what the legislator has

ordered as a matter of obligation, like the five daily prayers.

So excluded from our statement 'what the legislator has

ordered' is what is forbidden, disliked and permissible. And
also excluded from the statement 'by way of obligation* is

that which is only encouraged (mandub).

Therefore something wajib is that which if carried out
will bring reward for the one carrying it out, and the one
that fails to do so deserves to be punished. It is also called
Fard', faridah, hatam and lazim.

2 - Mandub: linguistically means something or someone

appointed or designated. Technically it means: what the
legislator has ordered but not by way of obligation
(recommended), such as supererogatory prayers.

13
 The Foundations of the knowledge of UsOl

So what is excluded from our statement what the

legislator has ordered' is whatever is forbidden, disliked and
permissible. And what is also excluded from our statement
'not by way of obligation' is that which is wajib.

So when something is mandub, the doer is rewarded for

carrying out the action, and not punished for leaving it. It is

also called Sunnah, masnun, mustahab and nafal.

3 — Muharram: linguistically means: forbidden and

technically it means: what was forbidden by the legislator as

an obligation to avoid, such as disobedience to parents.

So what is excluded from our statement 'forbidden by the

legislator* is: wajib, mandub and mubah (permissible). And
what is also excluded from our statement: 'an obligation to
avoid' is that which is disliked.

So when something is muharram (forbidden), it means

the one who leaves it is rewarded and the one who commits
it deserves to be punished. It is also known as Mahzur or
mamnu\
4 — Makruh: linguistically means: Something hated. And
technically it means: what was forbidden by the legislator

not by way of it being obligated to abandon, such as taking

and giving with the left hand.

So what is excluded from our statement: 'forbidden by
the legislator' is wajib, mandub and mubah.
And what is also excluded from our statement 'not by
way of obligation' is that which is Muharram (forbidden).

14
 The foundations of the knowledge of usul

And when something is makruh, then the one who leaves

it out of compliance (of the legislation) is rewarded, but the
one who does the action is not punished.
5 — Mubah: linguistically means something declared or
permitted to do. And technically it means: what is not
connected with a command, or not something prohibited in
and of itself, like eating during the nights of Ramadan.
So what is excluded from our statement what is not
connected with a command' is that which is wajib and
mandub (recommended.) And what is also excluded from
our statement: 'not something prohibited' is whatever is

muharram (forbidden) and makruh (disliked). And what is

not included by the saying 'in and of itself is anything

which is connected to a command therefore being a

medium, which would then itself be commanded, or

something forbidden would also act as a medium to
something which would also be forbidden, and that would
not take it out of the original state of mubah (permissible).
And something is mubah (permissible), as long as the
description is one of permissibility, then it will not result in
reward or punishment. And is also called: Halal and ja iz.

Rulings of Wad'Iyah

The rulings of wad'lyah are that which the legislator has

placed signs for, to prove (its validity), or absence of, or

15
 The foundations of the Knowledge of usul

implementation or cancellation, and from which is valid

(sahih) or invalid (fasid).

1 — Sahih: linguistically means: something free of disease.

And technically it means the effects resulting from an act of
worship or a contract.
So sahih (valid) acts of worship are acts that fulfil the

responsibility by meeting the requirements.

And what is sahih (valid) regarding contracts is that the

effects of it are directly affected by its existence, such as the

relationship between property and the contract of sale for

example. So nothing can be valid until it meets the necessary

conditions and is free of any obstacles (preventing it from
being valid).

For example, part of worship is to perform the prayer on

time fulfilling all the conditions, pillars and obligatory steps.
And an example of contracts is to have a contract of sale

fulfilling all the known conditions without anything that

would stop it being a valid contract. So if one of these
conditions is not present, or an impediment is present, it

prevents it from being valid.

An example of that is the condition of worship: to pray

without purification. And an example of that in contracts is

the absence of a requirement in the contract such as selling

that which one does not have.
An example of the presence of an impediment in worship
is to offer supererogatory prayers at a time of prohibition.

And an example of the presence of an impediment in

16
 THE FOUNDATIONS OF THE KNOWLEDGE OF USUL

contracts is to sell something during Friday prayer after the

second call in a way that is not permissible.

2 - Fasid: linguistically means something that has been
lost or is at loss. And technically it means: the effects that do
not result from an act of worship or a contract. Therefore
the fasid (invalid) acts of worship are those that do not fulfil

the obligation, so the demand is not met, such as praying

before the correct time. And fasid (invalid) contracts are

those that have no effect, such as selling something
unknown.
All corrupt acts of worship, contracts and conditions are
haram (forbidden); because that is transgressing the limits of
Allah, and taking His verses as a mockery, because the
Prophet M forbade stipulating conditions that are not in the
Book of Allah.
Fasid (invalid) and batil (false) have the same meaning
except in two instances:
L In Ihram: fasid is what the person in Ihram treads on
while in Ihram before the first constraints of Ihram are
lifted, and 'batil' (falsehood) is if he denounces Islam whilst
doing it.

2. In marriage: fasid is whatever the scholars differed in

as being corrupt or not, such as marriage without a guardian,
and batil is what has been unanimously agreed upon such as

the false nature of marriage of a widow or a divorced woman

in her waiting period.

17
 Knowledge

The definition of knowledge is the perception of something

for what and being firmly aware of it, such as
it really is

knowing that the whole is greater than the part, and that the
intention is a requirement for worship (to be accepted).
So what is excluded from our words: 'the perception of
something', is the lack of the complete awareness of
something, which is called jahl basit (plain ignorance), such
as someone being asked: 'when was the Batde of Badr?' and
he replies: 'I do not know.'
And what is also excluded from our words what it really

is' is to perceive something different from what it really is,

this is called jahl al-murrakab (compounded ignorance),

such as someone being asked: when was the Battle of Badr?'

to which he replies: 'in the third year after migration.'

[When in actuality it was during the second year after the

migration].

And what is also excluded from our words 'firmly aware

of it' is the perception of something in a non-assertive way,

so it is likely to be different from the way it was perceived,

then that is not called knowledge. Then if he prefers one
over the other possibility then it is referred to as dhann and
the other possibility as waham. and if both are thought to be
the same then it is called Shakk (doubt.)

IB
 the Foundations of the Knowledge of UsOl

And this shows that the perceptions of things are

attached to the following:
1 — Knowledge: the perception of something for what it

really is and being firmly aware of it.

2 — Plain ignorance: a lack of awareness in the totality of
something.
3 - Compounded ignorance: a perception of something
in contravention to what it really is.

4 — Dhann: a perception of something with the prospect

of it being against a less correct view.

5 —Wahm: a perception of something with the possibility

of it being against the most correct view.
6 -Shakk: a perception of something with the possibility
of it having something equally correct opposing it.

Categories of knowledge

Knowledge is divided into two parts: the essential and the

theoretical.

1 — Essential (knowledge) is that the thing known is

essential whereby a person can't help but know it without

the need to look for it or try to extrapolate it, such as the

knowledge that the whole is greater than the pan, and that
fire is hot, and that Muhammad is the Messenger of Allah.
2 - Theoretical (knowledge) is what needs to be
considered and looked into, such as knowledge that the
intention is necessary in the prayer.

19
 Speech (Al-Kalam)

The definition of speech linguistically means: a word that

has been placed with a particular meaning.

And technically it means: a beneficial word/phrase, such
as: Allah is our Lord and our Prophet is Muhammad.
The least speech consists of is two types of nouns, or a verb
and a noun. The first example: 'Muhammad is the
Messenger of Allah', and the second: Mohammed remained
steadfast.'

A single unit of speech is a word and it is: the word that

has been placed with a particular meaning, being either a

noun, verb or particle:

A — The Noun: A word that gives a meaning in itself

without any element of time. It is of three types:

1. What signifies generality such as relative nouns.
2. What signifies an absolute (unrestricted) sense such
as nakirah (indefinite) in an affirmative context.
3. What denotes the specific such as signs and
distinguishing characteristics.
B — The Verb: A word which indicates a meaning by
itself, and according to its form contains one of the three
tenses: the past tense such as (fahima), the present tense such
as (yafhamu), or the imperative such as (ifham). So the verb
with all its types signifies no restriction but not generality.

20
 The Foundations of the Knowledge of usul

C - The Particle: A word that denotes a meaning in other

than itself, including the following particles:
1. Waw (j): It is used as an attraction showing
association between two items (of attraction) in ruling,

it does not however constitute order, nor does it negate

it except with a proof.
2. Fa (<-*): It is used as an attraction showing association
between two items (of attraction) in ruling with
sequence and immediate order, it is also used as a
causative particle showing purpose.

3. Genitive Lam (J): The meanings include: reasoning,

ownership and permissibility.
4. Genitive 'Ala (t^): The meanings include obligation.

Parts of speech

Speech is divided with regards to its potential of being

truthful or not into two parts: al-khabr (news) and insha
(that which is established):

1 — Al-Khabr: That which can be described as truthful or

untruthful in and of itself. What is excluded from our
statement 'that which can be described as truthful or
untruthful' is: 'al-insha' because it isn't possible, its

significance is not informed of until it can be said it is a

truth or a lie.

And what is also excluded from our statement 'in and of

itself; is that which has no possibility of being truthful, or is

untruthful with regards to what it is being informed of, that

21
 The Foundations of the knowledge of usul

is because the news with regards to what it is being informed

of is of three types:

1. What cannot be described as lying; such as the

khabar (information) from Allah and His Messenger that

is established from them.

2. What cannot be described as honest; such as the news
that is impossible both in the legislation or intellect; the first

example of which is the news of someone who claims

messengership after the messenger of Allah M and the
second, the news of two opposing things coming together
such as movement and being still at the same time.
3. What can be described as truthful and untruthful
either equally, or with a preference of one of them, such as

the news that a person absent is arriving and the like.

2 - Al-Insha (what has been established): What cannot be

described as truthful or untruthful, from which are the
commands and prohibitions. As in the saying of the Most
High:

4( CLl ^j'<&T indict} *

^Worship Allah and associate nothing with Him/ (4:36)

Speech can be both khabar and insha in two ways: in the

C
wording of a verbal contract such as I sold and accepted
(something) ' so this with respect to what the intent of the

contractor is would be a khabar, but a consequence of the

contract is insha.

27
 The Foundations of the Knowledge of Usul

Speech comes in the form of news but what is meant is

insha and vice versa for a benefit.

The first example: the statement of the Most High:

^ 4i^Lb ^.^ajb ^j^aJjo Q.la.Ua.oJlj

'The Divorced women should remain in waiting for three

periods/ (2:228)

So the statement 'they should wait for three periods' is in the

form of news and what is intended by it is a command, the
benefit of that to emphasize the action of the one being
commanded as if He is ordering what is the reality,

mentioning it as a description from the descriptions of that

which is commanded.
An example of the opposite is the verse:

'And those who disbelieve say to those who believe, "Follow

our way, and we will carry your sins.*" (29: 12)

His statement: 'we will carry' is in the form of an order but

what is intended by it is to inform only, the benefit of that

being to place something which is being informed at the

status of something imposed and binding.

Truth and metaphor

Speech is divided in terms of usage to reality and metaphor.

23
 The Foundations of the Knowledge of usul

1 — Reality is the word used for the meaning it has been

placed for, such as the lion for a predatory animal.
So what is excluded from our statement 'used for': is

something neglected, this is noc called reality or a metaphor.

And what is also excluded from our statement 'placed for is

the metaphor.
Reality is divided into three sections: linguistic, legal (in
the Shariah) and customary.
Linguistically, refers to a word used for the meaning it

has been given in the language. And what is excluded from

our word 'linguistically' is the legal and customary. For
example, the prayer (salah) linguistically means supplication,
so that is the meaning the people of the language give it.

Its legal reality is the meaning given to it by the Shariah.

So what is excluded from our statement: 'by the Shariah' is

customary or linguistic reality. An example of that is the

prayer, its legal reality is words and deeds that begin with the
takblr (opening act) and end with the tasllm (closing act) so

this is what the people of the legislation place on this word.

The customary reality is: a word used for the meaning
placed on it by the customs of people. So what is excluded
from our statement 'custom' is a linguistic and legislative
reality. For example: a 'dabah' its reality in the traditional

sense is that of a four-legged animal, so that is the meaning

that it carries in the custom of the people.
And the benefit of knowing this fact, that the reality (of

words) is divided into three types is that we hold each word

to its correct meaning in the way it is used, so in use of the

24
 THE FOUNDATIONS OF THE KNOWLEDGE OF USUL

linguists and its linguistic reality, and in the legislation and

its legislative reality, and in the use of the traditionalists on
its traditional reality.

2 - The Metaphor is a word used for other than the

purpose it was intended, for example: A lion for a brave

man. So what is excluded from our statement: 'used' are

unused words, which is neither a reality nor a metaphor.

And what is not included by the words 'for other than the
purpose it was intended' is reality.

It is not permissible to load a word intending its

metaphoric meaning except with a correct proof that

prevents the realistic meaning being intended, and it is

known in the field of eloquence as a 'qarinah'.

The condition of using a word for its metaphorical
meaning is the presence of a link between the realistic

meaning and the metaphorical meaning, so the expression is

correct and this is known in the knowledge of Bayan

(eloquence) as a link, and it is either through similarity or
otherwise. So if it is a similarity then it is called 'at-tajawwaz

isti'arah' (borrowing), as is the case with the word lion for a

brave man.
And if it is not similar then it is called 'at-tajawwaz majaz
mursal' (Metonym) if the 'tajawwaz' is in the words, and
(psychological metaphor) if it is in attribution.

An example of a metonym: is to say 'we took care of the

rain' meaning the pasture. So this is an example of 'at-

tajawwaz' in the word.

25
 The foundations of the knowledge of usul

An instance of a psychological metaphor is to say: 'the

rain has given growth to the pastures* So the meaning of the

words in real terms is what is meant, but to attribute the
growth to the rain is metaphorical in use, because the one
who really causes growth is Allah, so it is tajawwaz in
attribution.

Also from the use of metonyms is addition and omission.

An example of which is the statement of Allah the most
High:

'There is none the like of Him/ (42: 1 1)

It is said that the letter 'kaf is extra for the purpose of

highlighting the negation of anything like unto Allah the

Most High.
An example of metaphor by omission is the verse:

'Ask the village...' [12:82]

I.e. ask the people of the village, so the word 'people is

omitted for metaphoric purpose, and there are numerous

types of such metaphorical instances that are listed in the

sciences of Bayan (eloquence).

Here only some of the types of reality and metaphor in

Usui ul-Fiqh have been mentioned due to the fact that the

meaning of words is either real or metaphorical, so the need

26
 THE FOUNDATIONS OF THE KNOWLEDGE OF USUL

arose to make each one known and their ruling, and Allah
knows best.

27
 The Command (Al-amr)

The definition of a command is: a statement that includes

the request of an action by way of a higher authority, such

as: 'establish the prayer and pay zakat'.

And what is excluded from our word 'statement' is

anything which is not spoken via gestures even if what is

meant by is a command.
And what is also excluded from our words 'the request of
an action' is the prohibition, because that is requesting one
to leave an action, and the intent of an action is to bring it

about, and that includes the speech which is commanded to

be said.
4

And what is also excluded from our words by way of a

higher authority' is to appeal, and supplicate, and other such
words that have the pattern of a command and through
other factors which might be perceived to be a command.

Forms of the command

The forms of the command are four;

1 — The imperative verb, such as:

'Recite, [O Muhammad], what has been revealed to you of

the Book/ (29:45)

28
 The foundations of the knowledge of Usul

2 - The imperative verbal noun, such as: Come to the

prayer* (from the adhan).

3 - The verbal noun that is used in place of the

imperative verb, such as:

^ y»l3^JlC^yai IjjiS* QiAJl S>~^> ^

'So when you meet those who disbelieve [in battle], strike

[their] necks)/ (47:4)

4 - Present tense verb joined with the lam of imperative,

such as:

To believe in Allah and His Messenger.' (58:4)

Commands can also be understood using other than the

normal forms (as mentioned above), such as something
being described as fard, wajib, mandub, or obedience, or
praising the perpetrator, disparaging the one who leaves it,

or when a reward is connected to it, or that to leave it would

be punishable.

What the wording of a command necessitates

The Command, when not restricted by other factors,

necessitates the obligation of what is being commanded, and

immediately carrying it out.

From the evidences that it necessitates obligation is the verse:

29
 The Foundations of the Knowledge of usul

'So let those beware who dissent from the Prophet's order,
lest fitnah strike them or a painful punishment/ (24:63)

The significance of this verse is that Allah has warned those

violators of the commands of the Prophet ^ to beware of a
fitnah befalling them, which is a deviation, or that a painful
punishment strike them. Such a warning can only be for
leaving something which is obligatory; all of this indicates

that the general commands of the Prophet $g must be acted

upon 1

From the evidence that it is to be carried out straight

away is the verse:

Shaykh Uthaymin
1
[Publishers note] said: 'You find many commands in the Quran
and Sunnah about which the scholars say: Indeed it is not compulsory (wajib). So
in the

the people ask: Did the scholars say this based upon the foundational principle being
that the commands are devoid of obligation or did the)' have indications and evidence
that excluded this specific command from being obligatory?
'So if it is the second (case) then the command/afTair is clear. And people will remain
at ease, being happy if they find evidence rhat excludes it from being obligatory. But
sometimes evidence that excludes it from being obligatory is not found and the chest is

not open, and we are not happy with its obligation. Neither are our souls at ease due to
the obligation. And it is feared that this will require of them or the servants of Allah

that which Allah does not require. So then destruction and the prohibited occurs.
'However, the safe path to traverse is that we say: We adhere to this foundational

principle, and that is that the foundation of the (command) is its being obligatory.
Then if a command occurs that we doubt whether it is for an obligation. Then this is

an indication that this is not an obligation and that if people were to abandon it they
would not be sinful. This is because the soul of the believer is an indicator as He (The
Messenger of Allah) said: "And sin is that which wavers in the soul." (Sahih Muslim
No. 2553) So at that time we look to see if for these specific issues there is an evidence
that exclude them from being obligatory.' (Sharh Usui Min Ilm Al Usui, pg 162)

30
 The foundations of the knowledge of Usul

5
'So race forward in doing good deeds [2: 148, 5: 48]

And the things that are enjoined by the Shariah are good,

and the order to race towards good is a proof of the

obligation to rush to do good deeds.
And the Prophet H disliked the fact that the people

delayed the sacrifice and shaving of their heads on the Day

of Hudaybiyah, until he met Umm Salamah and told her
1

what had happened with the people.

Also, rushing to do the (good) action is from being more

cautious and righteous, and delaying would result in

problems, leading to the accumulation of duties which the

person is then in turn unable to carry out.
It may be that an obligatory act may not require to be

carried out immediately due to an evidence which requires

it; in such cases it is removed from being an obligation to

meaning something else, such as:

1. Recommended- for example:

'When you buy and sell have it witnessed.' [2:282]

The command to have the buying and selling witnessed

is for preference according to the evidence that the

1
Bukhari (2731, 2732) Book of conditions, 15 - Chapter: Conditions of Jihad and
reconciliation with the people of war and the writing of conditions, and Ahmad
(4/326/19117).

31
 THE FOUNDATIONS OF THE KNOWLEDGE OF USOL

Prophet bought a horse from a Bedouin and did not

1

have it witnessed.
2. Al-Ibahah (permissible) - often occurring after a
warning or in reply to what may be perceived as

prohibited. An example of this occurring after a

prohibition is the verse:

c
But when you come out of Ihram, then [you may]
hunt/ [5:2]

The command to go hunting is one of permissibility

because it is mentioned after the warning as is deduced

from the verse:

'Hunting not being permitted while you are in the state

5
of Ihram (5:1)

And an example of when it is reply to what is perceived

to be prohibited is the statement of the Prophet |& 'Do
2
it and there is nothing wrong' , in reply to the one who

1
Reported by Abu Dawood (3607), Book of judgments, If the judge knows the
truthfulness of one witness then it is permissible to give a ruling base on that; and An-
Nasa i in Al-Kubra (6243) Book of sales, 82 - The ease of leaving the witnessing of

selling.
2
Bukhari (83) The Book of Knowledge, 23 - Chapter: Giving rulings while on a riding
beast and other than that. Muslim (1306) Book of Hajj, 57 - The chapter: Whoever
shaves his head before sacrifice, and whoever sacrifices before the throwing.

32
 THE FOUNDATIONS OF THE KNOWLEDGE OF USUL

asked during the final Hajj about doing the actions of

the day of Eid in a different order.
3. As a threat, as in the statement of the Most High:

'Do what you like indeed He is ever-watchful over what

you do.' (41:40)

4_ rjg -jj^lu &s*f£j y^i ill & >

'So whoever wishes then let him believe and whoever

wishes, let him disbelieve. Verily We have prepared for
the unjust a Fire.' (18:29)

So the warning is mentioned after the command is laid

down proving that it is a threat.

4. The command is removed from an immediate
nature

to one which can be implemented over time

- and an
example of that is making up the missed days of
Ramadan because even though it is ordered to be made,

the evidence indicates that it can be done over a period

of time, as narrated by A'ishah 'When I had to make

up for the fasting of Ramadan, I would make up for it
what 1 could except in Sha'ban and that due to the
1
Messenger of Allah's M station.'

days of
1
Book of fasting, 40 - When to make up the missed
Refer to Bukhari (1950),
Book of Fasting, 26 - Chapter: making up the missed
Ramadhan; and Muslim (1 146)
days of Ramadan in Sha'ban.

33
 THE FOUNDATIONS OF THE KNOWLEDGE OF USUL

If the delay was forbidden, then Aisha ^ would not

have confirmed it.

5. When what has been commanded cannot be

completed except with it - so if an action that has been
commanded is stopped because of something then that
thing itself becomes commanded (in order to fulfil the
command), and if it is recommended then the thing is

by default recommended.
An example of an obligation is the covering of
someone's 'awrah (pan of the body that must be
covered); if you are prevented by doing so without
certain clothes, then buying those clothes becomes an
obligation also.
An example of something recommended is the
wearing of perfume on the day of Jum'ah, if it relies on
buying perfume to carry it out, then buying that
perfume is likewise recommended.
This principle is part of a more general principal and
that is: the means follow the rulings of the purposes they
are being used for, so the means that are undertaken to
fulfil obligations are themselves obligatory, as are the
those things that are prohibited, the means are also
rendered unlawful.

34
 The prohibition (An-nahi)

The definition of prohibition is: A statement which includes

a request to avoid doing something that is from a higher
authority with a specific format: that of the present tense
coupled with the lam of prohibition, such as the statement
of the Most High:

c
Do not follow those who deny Our revelations and who do
not believe in the Hereafter' (6: 1 50)

What is excluded from our definition is the word gestures'

as it is not known as a prohibition even if it give its meaning.
And what is also excluded from our words 'a request to
avoid something' is the command because it is a request to
do something.
And what is also excluded from our words 'from a higher
authority' is an appeal, a supplication or other than that
from which a prohibition can be deduced.
And what is also excluded from our words a 4
specific
1

format of the present tense, etc. is what indicates a request

to abstain from something with the format of al-amr
(command) like: 'da" (leave alone), 'utruk' (leave, abandon)
'kaff (leave off) and the like; even though this includes a
request to stop, but the form is for a command and not a

35
 THE FOUNDATIONS OF THE KNOWLEDGE OF USUL

prohibition. Furthermore, the prohibition can be

understood in ways other than the normal forms of
prohibition (as mentioned above) such as when the act is

described as: haram, severely warned against, distasteful, the

perpetrator is disparaged or that a punishment is ascribed to

it and so on.

What the wording of prohibition necessitates

When left unrestricted it necessitates complete prohibition

of that which is being forbidden and its invalidity.

From the evidences that demonstrate this is the statement

of the Most High:

'And whatsoever the Messenger gives you then take it, and
whatever he forbids you from then abstain from it.' (59:7)

So the command is to stop at what he forbade us from,

which requires that we must abstain from it, so then it in

turn becomes a prohibited act.

From the evidences that show the invalidity (of certain

actions) is the saying (of the Prophet It): 'Whoever does and
action that is not in accordance with our affair then it is

radd, n i.e. rejected and whatever he forbade us from, so if

1
Narrated by Muslim (1718, [18]) Book of Judgements, 8 -Chapter: Invalidating false

rulings and refuting newly invented matters.

36
 the Foundations of the knowledge of usul

the order of the Prophet & was not followed, then it will be

rejected.

The principal according to the school of thought

(Hanbali) concerning those things that have been forbidden

whether they are correct or not are as follows:

1. The prohibition returns back to the very thing itself

being prohibited or its condition, thus making it

incorrect.

2. The prohibition returns back to something other

than itself or its conditions therefore not being

incorrect.

An example of the first principle in worship is the

prohibition on fasting on the two days of Eid.

An example of the first princinple in dealing with other

people is the prohibition of selling after the second call to

the Friday prayer for whoever the day of Friday is obligatory.

An example of the second principle in worship is the

prohibition of a man wearing silk, so he covers his 'awrah

(fulfilling one of the) conditions of prayer, but if he covers

his 'awrah with a forbidden cloth his prayer is invalid

because the prohibition returns to the condition (of the

prayer being valid).
Anexample of the second principle when dealing with
other people is the prohibition on the sale of a foetus (load),

because knowledge of what you are buying is a condition for

the validity of the transaction, if a foetus is sold the

37
 The Foundations of the knowledge of usOl

transaction is not valid due to the condition of the

prohibition.
An example a prohibition returning to an external issue
with regards to worship is the wearing of a silk turban by a
man, so if he prays whilst wearing a silk turban, it does not
invalidate his prayer because the prohibition does not fall

back on the prayer or its condition (to be accepted).

An example of a prohibition returning to an external
issue with regards to transactions is the prohibition of fraud,
if something is sold fraudulently, that does not invalidate the
sale.

(The format of) Prohibition sometimes can be used for

other than that which has been forbidden when evidence
shows otherwise as in the following cases:

1. Dislike - the example that is given is of the saying of

the Prophet jg: 'Do not let any of you touch his private
part with his right hand when he urinates.'
1

The majority say that the prohibition here is for it

being disliked, because his private part is part of the

body, and the wisdom of forbidding it is to keep the
right hand pure.
2. Guidance - such as the saying of the Prophet H to
Muadh (bin Jabal): 'Never leave off saying after every

1
Bukhari (153) Book of ablution, 18 - Chapter: prohibition of using the right hand to
clean the private parts after relieving yourself; and Muslim, (267) 18 - Chapter:
prohibition of using the right hand to clean the private parts after relieving yourself and
the wording is his.

38
 The foundations of the knowledge of Usul

prayer: O Allah, help me to remember You, give thanks

You and worship You

1

to well.'

3. Who is being addressed (by the legislation to

implement) the commands and prohibitions - the one

who is being addressed for the commands and

prohibitions (is): the Mukallaf (the one who has been

charged to carry out all those obligations that are

applicable to him), an adult (passed puberty) and of sane

mind.
What is excluded from our word 'adult' is a child,
who isn't charged with the commands and prohibitions
in the same way an adult is, but is ordered to do acts of

worship in order to help him get used to showing

obedience (to Allah), and likewise he should be
prevented from sins so as to accustomise him with
withholding from them.
And what is excluded from our word 'sane' is a
insane person, as he is not charged with commands and
prohibitions, but is prevented from such actions that

maybe a transgression against others or a perversion, and

even he does an action from the things that have been
if

commanded it would not be deemed correct simply

because he did not intend by it to comply with the
command in the first place.

1
Reported by Ahmad (5/244/22172) and (247/22179) and Abu Dawood (1522) book

of Witr, The chapter of forgiveness; and an-Nisai in Mujtaba (1302) Book of

forgetfulness. Chapter: another kind of Supplication. Authenticated by Nawawi, and

Haflz (Ibn Hajar) in Al- Fath Al-Bari (1 1/133).

39
 THE FOUNDATIONS OF THE KNOWLEDGE OF USUL

This does not however refer to the obligation of

zakat and the financial rights of the child or insane
person, because the obligation is tied to certain reasons,
so whenever they are found then the ruling applies
because it relies on the reason and not the (state of the)
one doing it.

And the burden of obeying the commands and

abstaining from the prohibitions is levelled at all

Muslims and non-Muslims alike, only the non-Muslims

will have their deeds accepted while they are in a state of
disbelief, due to the statement of the Most High:

'And what prevents their expenditures from being

accepted from them but that they have disbelieved in
Allah and in His Messenger.' (9:54).

They are not ordered to make up for it if they accept

Islam as the statement of the Most High says:

'Say to those who have disbelieved [that] if they cease,

what has previously occurred will be forgiven for them. 5
(8:38)

40
 The Foundations of the Knowledge of Usul

And the Prophet M said to Amr Ibn al-As: 'Do you not
know O 'Amr that Islam cancels what came before it?' 1
,

rather he is only punished if he dies on disbelief. This is

indicated in the statement of the Most High concerning

the reply of the criminals when they are asked:

<a
What put you into Saqar?" They will say, "We were
not of those who prayed, nor did we used to feed the
poor. And we used to enter into vain discourse with
those who engaged [in it], and we used to deny the Day
of Recompense until there came to us the certainty."'
(74:42-47)

Things that prevent someone from having to carry the

ordainments laid down by the Shariah, such as:

• Ignorance, forgetfulness and coercion due to what the

Prophet H said: 'Allah has forgiven my ummah for its

mistakes; what they forget and what they are forced to

2
do.' Narrated by Ibn Majah and al-Bayhaqi; there are

1
Narrated by Muslim (121) Book of Faith, 54 - The chapter: Islam wipes out what
came before it, as well as hijrah and Hajj.
2
Narrated by Ibn Majah (2043.2045) Book of divorce, 16 - Chapter: divorce of
coercion and forgetfulness; and Bayhaqi (6/84) Book of testimony, the chapter: The
one whose testimony is not permissible. Al-Ajlouni said in Kashf ul-Khafa'

41
 The foundations of the knowledge of usOl

also corroborating evidences which from the Quran and

Sunnah which prove its authenticity.

• Lack of knowledge, so whenever a mukallaf violates a

prohibition unaware of it being so, then there is nothing
upon him (sin), like someone speaking in the prayer

while being ignorant of the prohibition of speech in the

prayer; and whenever he leaves an obligation not aware
of it being obligatory he is not to be ordered to make up
for it as long as the time for it has passed, using as
evidence the Prophet &g, when he did not order the
person who prayed badly in his prayers — in which he
was not tranquil - to make up all the missed prayers, but
ordered him to pray the current prayer according to the

correct way.

• Forgetfulness: absence of mind for something known,

so if someone falls into doing a prohibited act out of
forgetfulness then there is no sin upon him, such as the

one who eats while fasting due to forgetfulness. When

someone forgets to fulfil a duty then there is nothing
upon him while he is in that state of forgetfulness,

however he must do so when he remembers due to

saying of the Prophet |§: 'Whoever forgets the prayer
1
then let him pray when he remembers to do so.'

(1/523/1393): Nawawi classed it as hasan in ar-Rawdah and al-Arbam. Ibn KarhTr

approved it in at-Tuhfat ut-Talib.
1

The chapter: The one who forgets the

Bukhari (597) Book times of the Prayer, 37 -

him pray it when he remembers it and not repeat any except that; and
prayer let
Muslim (684) Book of Masjids, 55 — Chapter: missed prayers and the desirability to
hasten in making them up.

42
 .

The Foundations of the Knowledge of Usul

• Coercion: forcing a person into doing what he does

not want to, so whosoever is forced to do something
forbidden then there is no sin upon him, such as the one
who is forced into acts of disbelief (blasphemy) while his
heart is at peace with faith also the one 1
who is forced to
not fulfil an obligation, then there is no sinupon while
he is being forced, and that he fulfil it when he is no
longer being forced, and like the one who is forced to
miss the prayer until after its allotted time, then he must
make up for that missed prayer as soon as he is under no
coercion.

And all these things are with regards to the right of Allah,
which is based on forgiveness and mercy, as for the rights of
the creation then these things will not prevent whatever

commitments that have been made are kept to if the person

who is involved does not choose to overlook it, and Allah
knows best.

[Publishers note]
Shaykh Uthaymln said: 'So if an individual was forced upon disbelief and committed
disbelief but their heart was at rest with faith, then indeed there is nothing upon them,
due to the text of the Qur'an: 'Whoever disbelieved in Allah after his belief, except him
who is forced thereto and whose heart is at rest with Faith but such as open their breasts
to disbelief, on them is wrath from Allah, and theirs will be a great torment' (1 6: 1 06)
And that which is correct is that coercion is not merely the command (to do something)
rather it is undoubtedly from being forced (to do something)' (Sharh Usui Min Ilm Al
Usui pg 240)

43
 the General (Al-'Am)

The definition
'Al-'Am' linguistically means inclusive. And technically it

means: an all-encompassing word that includes all its

individual elements without restriction, such as:

The righteous are in bliss' (82:13, 84:22)

So what is excluded from our words 'includes all its

individual elements' is whatever includes only a single

element such as a specific noun or an indefinite article in the
context of an affirmation, such as the saying of the Most
High:

'The freeing of a neck' [58:3]

This is because it does not address all the elements by way of

inclusiveness, but deals with one which is unspecified.

And what is not included by the words 'without

restriction' is whatever addresses all its elements with
restriction such as the number nouns: one hundred
thousand and the like.

44
 The Foundations of the Knowledge of Usul

Forms of General (Al-'Am)

The seven types of wording which indicate generality are:

L What shows generality in itself - such as: kullu

(every), jaml' (entirely), kafah (totality) qatibah (all

without exception), and al-'Am (general); such as the

saying of the Most High:

ism
Indeed everything We have created with due
proportion and measure' (54:49)
2. Nouns of condition - like the saying of the Most
High:

'Whoever does a righteous deed then it is for himself

(45:15)

t
Wherever you turn there is the Face of Allah' (2:115)
3. Interrogative nouns - like the saying of the Most
High:

Who is it that will bring forth gushing water?'

t
(67:30)

c
What did you answer the messengers?' (28:65)

4 0>U~^ gg& ^

45
 THE FOUNDATIONS OF THE KNOWLEDGE OF USUL

'Where are you going?' (8 1 :26)

4. Relative nouns - like the saying of the Most High:

'And the one who has brought the truth and [they who]
believed in it - those are the righteous/ (39:33)

'And those who strive for Us - We will surely guide

them to Our ways/ (29:69)

'Indeed in that is a warning for whoever would fear

[Allah]/ (79:26)

STj ft&g ^ 4&>|| o*i J& u^3 Vl 4 £j o^tlirt 4 IS 4S3 >

'And to Allah belongs whatever is in the heavens and

whatever is on the earth/ (3: 129)

5. The indefinite noun in the context of negation,

prohibition or rhetorical question - like the saying of
the Most High:

'There is no true god but Allah/ [3:62]

'And worship Allah and join none with Him/ (4:36)

46
 THE FOUNDATIONS OF THE KNOWLEDGE OF USUL

'If you Reveal anything or conceal it, indeed Allah is the

knower of everything.' (33:54)

'Which deity is there other than Allah that can bring

light for you, do you then not hear/ (28:71)

6. The possession (noun) singular or plural, defined
through Al-Idhafah (a possessive noun) - like the saying

of the Most High:

'Mention the grace of Allah upon you' (3: 1 03)

7- The defined noun, singular or plural, by way of the
definite article ('aT of inclusiveness) - like the saying of

the Most High:

'And man was created weak.' (4:28)

'And when the children among you come of age, let also

ask permission of those before them' (24:59)

As for the defined noun by virtue of the 'aT

acknowledgement, then it is according to what has been

acknowledged, so if it is general then it is deemed as

defined in general terms, on the other hand if it is

specific then it is considered defined as specific.

47
 The Foundations of the Knowledge of Usul

An example of al-'Am is the saying of the Most

High:

'The Lord said to the angels, I create man from clay.

When I have breathed into him of My spirit and

fashioned him they prostrated to him. All the angels
5
every last one of them fell down in prostration. (38:71-
73)
An example of specific is the saying of the Most High:
o VjLj <jj Ts&uf la^il ^jLj JE*$] Uiljl bl
>

^ ^jLjJ l-ii-l 4£«t£>l$ Jj—J]l Oj^3? iff""*-*

'As we sent a Messenger to Pharaoh. So Pharaoh

disobeyed the Messenger so We took hold of him in a
severe way/ (73:15-16)

r
As for the aT that helps to define the class noun, then
the singular nouns are not made general. If you were to

say: (the) man is better than (the) woman, or (the) men

are better than (the) women, it is not intended that each
and every member of the male gender is better than each

and every individual of the female gender, rather that

the male gender is better than the female gender, though
there may be members of the female gender that are
better than some of their counterparts.

48
 The foundations of the Knowledge of Usul

Acting on the general

It is necessary chat we act on the general until it is proven

that it is specific; this is because the texts of the Qur'an and
Sunnah require we act on what they signify until evidence to

the contrary is becomes apparent.

So when we find something general that has come about
due to a special reason then we must act upon the general

(text); because what counts is the generality of the wording

and not the specifics of the reason (that text was revealed),
except when an evidence indicates the specific nature of that
text, thereby making it specific to whatever is similar to it.

An example of when no evidence makes a general text

specific is the saying of the Most High regarding zihar (when

a man pronounces that his wife is like the back of his mother
to him -intending by it to divorce her); the reason of
revelation was the companion 'Aws bin Samit (who said this

to his wife) but the ruling is general for him and other than

him.
And an example of when an evidence makes something
specific is the saying of the Prophet 'It is not from
the reason behind
1
righteousness to fast while travelling' ,

that was when the Prophet $5 was on a journey whereupon

he saw a crowd and a man being shaded by them and said:

1
Bukhari (1946) Book of Fasting, 36 - Chapter: the wr-rds of the Prophet peace be
upon him about the one who is shaded and heat becomes too intense, it is not from
righteousness to fast while traveling; and Muslim (1115) book of fasting, 15 - chapter:

the permissibility of fasting and not fasting in the month of Ramadan for the traveller as

long as it does not involve disobedience and is in two or more phases.

49
 THE FOUNDATIONS OF THE KNOWLEDGE OF USUL

'What is this?' They said: 'he is fasting.' He said: 'It is not

1

from righteousness to fast while travelling.' This generality

is specific to those who resemble the condition of that man;
in other words when fasting becomes strenuous for someone
whilst travelling. The proof indicating it is specific is that the

Prophet $S himself used to fast while on a journey when it

was not difficult for him, and the Prophet M did not do that

which was not righteous.

1
See: Bukhari (1945) Book of Fasting, Chapter 35; and Muslim (1122) Book of
Fasting, 17 - Chapter: Choice of fasting or not during a journey.

50
 THE SPECIFIC (AL-KHAS)

The definition
Linguistically, [al-Khas] means: the opposite of general (Al-
'Am). And technically it means: a word which is restricted to

a person or a certain number, such as names of well-known

people; demonstrative nouns and numbers.
So what is excluded from our word 'restricted' is

anything general.
The word Takhsis (making specific/ customization)

linguistically means: the exact opposite of generalization.

And technically it means: singling out some elements of
what is general.

Al-Mukhasis - with an T -: is the one who makes the

takhsis, which is the legislator and the evidence that takhsis

is obtained from is also called by this word (Mukhasis).
The evidences which indicate takhsis is of two types:
1. Connected: What cannot be independent by itself.
2. Separate: What can be independent by itself.

[Connected]
Therefore, from the Mukhasis al-Mutasil (the connected
specifier) is:

51
 THE FOUNDATIONS OF THE KNOWLEDGE OF USUL

First: Al-Istithnah (exception) which linguistically is from

'thana\ which means to bend something with another part
of itself, like tying rope. And technically it means extracting

some elements of the general with the word 'ilia' (except) or

with one of its sisters, as in the saying of the Most High:

Indeed man is in loss except those who believe and do good

works, and exhort one another to truth and exhort one
another to patience* (103:2-3)

And what is excluded from our statement: 'ilia' (except) or

with one of its sisters, is making something specific with a
condition and other than that.

Conditions for Al-Istithnah

For the validity of Al-Istithnah, the following conditions are
stipulated:

1. It is connected to the thing it is being made an

exception from either actual connection or assumed:
Actual connection: When the exception is directly next

to the thing it is being excluded from where there is no

break in between them. While being connected in

assumption is when there is a break between them by

something which cannot be repelled such as coughing or
sneezing.

52
 The Foundations of the Knowledge of Usul

If however the separation between the two is by

something which can be repelled, or a silence then the
exception is not valid such as saying: 'My slaves are free,'

then a silent pause, or to speak other words, and then

say: 'except Said'; then the exception is not valid and all

the slaves are to be freed.

It has been said that exceptions are valid with silence,
or a break in speech if the speech is one, due to the
hadith of Ibn 'Abbas that the Prophet £g said on day of
the Conquest of Mecca: This country has been made
sacred by Allah on the day he created the heavens and
the earth, its thorns are not to be propped up, nor its

shrubs uprooted;
1

so Al-Abbas said: *0 messenger of

1

Allah, except idhker?' he said: 'Except idhker.' This

view is the most likely due to the apparent meaning of
the hadith.

2. The exception should not be more than half of the

thing it is excluded from, so if it is said: 'I owe him ten

dirhams except six' then this is not a valid exception and

the whole ten is payable.

It has been said that this should not be a condition

and the exception stands even if the exception is more
than half, that he is not obliged to pay more than 4
(dirham).

1
Narrated by Bukhari (1349) book of Funerals, 77 - Chapter: Al-Idhkir and hashish in
the grave. Muslim (1352) Book of Hajj, 82 - Chapter: Sanctity of Mecca and hunting
therein...

53
 The Foundations of the knowledge of UsOl

As for making the entire sum an exception then

according to both positions it is not valid, such as him
saying: 'I owe him ten except ten', then the whole ten is

payable.
This stipulation is on whether the exception is to do
with numbers, but if it is to do with a description then it

is valid even if most or all is made as an exception. An

example of that is the statement of the Most High to

Iblees:

'Indeed, My servants - no authority will you have over

them, except those who follow you of the deviators;'

(15:42) and the followers of Satan compared to the

children to Adam are more than half, and if you say:

'give to everyone in the house except the wealthy,' then

it transpires that all those in the house are rich, the
exception will still hold true and no-one in the house
receives anything.

Second: From the Mukhasas Al-Mutasil is the 'share'

(condition) which in the [Arabic] language means a mark or

sign. And what is meant here is connecting one thing to
another whether it is present or not with the conditional
1
'An or one of its sisters.

The condition is specific, whether it comes early in the

text or late. And an example of when it comes early is the
saying of Allah the Most High concerning the idolaters:

54
 THt FOUNDATIONS OF THE KNOWLEDGE OF USUL

'But ifthey should repent, establish prayer, and give zakah,

let them [go] on their way. Indeed, Allah is Forgiving and
Merciful.' (9:5)

of when delayed in a text is the saying

And an Example it is

of the Most High:

{fa bj £ ^ v^J'T bj^ $

'And those who seek a contract [for eventual emancipation]

from among whom your right hands possess - then make a
contract with them if you know there is within
them
goodness.' (24:33)

Third: a description, such as specifying some

individuals

from a general group, by way of adjective, substitute (bad!)

or state (hal).

An example of the adjective is the saying of the Most

High:

'From those whom your right hands possess of believing

slave girls' (4:25).

The example of substitute is the saying of the Most High:

'And [due] to Allah from the people is a pilgrimage to the

House - for whoever is able to find thereto a way.' (3:97)

55
 The Foundations of the Knowledge of usul

An example of hal is the saying of the Most High:

'But whoever kills a believer intentionally - his recompense

is Hell, wherein he will abide eternally, and Allah has
become angry with him and has cursed him and has
prepared for him a great punishment' (4:93)

[Custom]
The separate mukhasis that which is independent and
is
it

comprises of three things: sense, reason and the legislation.

An example of takhsls by the senses is the saying of the
Most High regarding the wind of 'Ad:

'Destroying everything by command of its Lord' (46:25)

The sense indicates that it did not destroy the heaven and
the earth.
An example of takhsls through reason is the saying of the
Most High:

'Allah is the Creator of all things;' (39:62)

The mind indicates that Allah is not created. Some of the

scholars hold the view that what is made specific by the

56
 The Foundations of the Knowledge of usul

senses and intellect is not from the general that is made

specific, rather it is from the general which is intended for
being specific, so the intent of the speaker or the addresser is

not the specific in the first place, and this a general reality

which a specific one (as in the saying of the Most High) is

intended by.
As for the takhsls of legislation, then the Book and the

Sunnah is made specific by each other as well as by Ijma

and analogy.
As an example of the Quran making specific other parts

of the Quran, note the saying of the Most High:

4 \j$ £J*$& >

'Divorced women remain in waiting for three periods.'

(2:228)

This is made specific by the saying of the Most High:

*0 You who have believed, when you marry believing

women and then divorce them before you have touched

them, then there is not for you any waiting period to count
concerning them/ (33:49)

For examples of how the Quran is made specific by the

Sunnah, take the verses of inheritance, as the saying of the
Most High:

57
 The Foundations of the Knowledge of usul

£
Allah instructs you concerning your children: for the male,
what is equal to the share of two females' (4: 1 1)

And the like are made specific by the saying of the Prophet
33: 'The Muslim must not inherit from the infidel and the
1
infidel must not inherit from the Muslim/
For an example of the Qur'an being made specific by
consensus, the saying of the Most High:

'And those who accuse chaste women and then do not

produce four witnesses - lash them with eighty lashes' (24:4)

...is made specific by consensus that the slanderous slave is

to be flogged forty times instead, and like this many of the

people of Usui give examples, although there is some proven
disagreement in this, I have not been able to find a sound
example which is free from disagreement.
An example of the Qur'an being made specific through
analogy is the saying of the Most High:

oij 4 ait; J&M % '0r % U£ 'j i^&tf ^ijiij bijjf

}

1
Narrated by Bukhari (4283) the book of Mughari, 48 - Chapter: where the Prophet,
peace be upon him, focused the banner on the day of the conquest of Makkah; and
Muslim (1614) Book of inheritance.

58
 THE FOUNDATIONS OF THE KNOWLEDGE OF USUL

The [unmarried] woman or [unmarried] man found guilty

of sexual intercourse - lash each one of them with a hundred
lashes/ (24:2)

This has been made specific by analogy to fifty lashes for the
slave adulterer with the slave girl and this opinion is the
most well-known.
An example of the Sunnah being made specific by the
Qur'an is the statement of the Prophet $g: 'I have been
commanded to fight the people until they testify that there is

no true God but Allah and that Muhammad is the

M1
Messenger of Allah ... , this has been made specific by the
saying of the Most High:

'Fight those who do not believe in Allah or in the Last Day

and who do not consider unlawful what Allah and His
Messenger have made unlawful and who do not adopt the
religion of truth from those who were given the Scripture -

[fight] until they give the jizyah willingly while they are
humbled' (9:29)

1
Bukhari (1399) book of Zakat, 1 - Chapter: Obligation of Zakat. Muslim (20) Book
of Faith, 8 - Command to fight the people until they say: There is no true god
Chapter:
but Allah and Muhammad is the Messenger of Allah and they establish the prayer.

59
 The Foundations of the Knowledge of Usul

An example of the Sunnah making specific something else

from the Sunnah is the saying of the Prophet 'On a land

irrigated by rain water or by natural water channels or if the
land is wet due to a nearby water channel Ushr (i.e. one-
tenth) is compulsory (as
1

Zakat) and on the land irrigated by

the well, half of an Ushr (i.e. one-twentieth) is compulsory
2
(as Zakat on the yield of the land.)'

I have not been able to find an example for the Sunnah

being made specific by consensus.
(Lastly) an example of the Sunnah being made specific by
analogy is the saying of the Prophet $|: The virgin with the
virgin is one hundred lashes and banishment for one year" 3 ,
this has been made specific by analogy for the slave man and
woman it is limited to fifty lashes, this is what is well-
known.

1
Narrated Bukhari (1483) Book of Zakat, 55 - A tenth of what has been irrigated by
the sky and by running water.
2
Bukhari (1484) Book of Zakat, 56 - The chapter: Whatever is not five awsaq is not
charity. Muslim (979) Book of Zakat without a chapter.

3
Narrated by Muslim (1690) Book of punishments, 3 - Chapter: Punishment for
adultery. Ahmad (5/313/22718) and the wording is of Taghreeb with Ibn Majah
(2550) Book of punishments, 7 - Chapter: Punishment for adultery.

60
 The Absolute and the Restricted 1

The Definition of Absolute (Al-Mutlaq)

AI-Mutlaq linguistically means the opposite of unrestricted.

And technically it means: whatever indicates a reality

without a restriction as in the saying of the Most High:

'The freeing of a slave before they touch one another.' (58:3)

What is excluded from our words: whatever indicates a

reality' is the general (al-'Am) because it indicates the

Shaykh Uthaymln 'The author brought them both after

1

[Publishers note] said:

(mentioning) the genera] (Al 'Am) and the specific (Al Khas) due to the resemblance
between the general (Al 'Am) and the absolute (Al Mutlaq) and between the specific (A]

Khas) and the restricted (Al Muqayyid).

'And due to this it is difficult to make a distinction between them, however the
distinction comes about by the definiton, that is, with a definition of them both.
*It has preceded that the general (Al 'Am) is: an all- encompassing word that includes
all its individual elements without restriction. As for the unrestricted (Al Mutlaq), then

indeed, it does not generalise all of its individual elements and it is only connected to an
individual element from it alone, however it is not stipulated/designated' upto his
words: If I was to say to you "Be generous to the student' then 'the student' is general
('am) and gathers together the group of students. Meaning, 'be generous to every
student'. So 'the' here is due to generality, so if there was 10 students it would
necessitate being generous to all of them.
'As for if I was to say to you, 'be generous to a student this is unrestricted (mudaq)
because if there were 10 students with us, it would be required to treat one of the 10
generously.' (Abbreviated from Sharh Usui Min Ilm Al Usui, pg 325-326)

61
 THE FOUNDATIONS OF THE KNOWLEDGE OF USUL

generality of something whereas the Absolute indicates the

absolute nature of a particular reality.

And what is also excluded from our word 'restricted' is

unrestricted.

The Definition of Restricted (Al-Muqayyid)

Restricted linguistically means whatever is used to restrain a
camel and the like. And technically it means: Whatever
shows a reality of something but with a restriction such as in

the saying of the Most High:

Treeing a believing slave' (4:92)

I.e. any believing slave. What is excluded from our word

'restraint' is Absolute.

Acting on Absolute (Al-Mudaq)

Al-Mutlaq (texts) must be acted upon in according to its

apparent meaning (of absoluteness) until an evidence

1
restricts it this is for the reason that acting on the Qur'an
and the Sunnah is an obligation and must abide by what is

apparent unless other evidence shows us otherwise.

1
[Publishers note] Shaykh Uthaymin said: 'We mentioned concerning al 'am that it is

compulsory to act according to its generality until we find evidence of At Takhsees. And
it is also compulsory to act according to Al Mutlaq until we find evidence of At Taqyid.
And these principles will be of benefit to you in every chapter of flqh.' (Sharh Usui Min
Ilm Al Usui pg 329)

62
 the foundations of the knowledge of usul

When we get Absolute text and another which is

Restricted concerning the same issue, then we apply the

restriction to the absolute text; if they are concerning
different issues then we must act on both of them, with the
restriction of one and the absoluteness of the other.
An example of when the issue of both texts is one, is the
saying of the Most High in expiation of zihar (pronouncing
one's wife as the back of his mother intending by it divorce):

'The freeing of a slave before they touch one another/ (58:3)

And His saying about the expiation for murder:

A*

'Freeing a believing slave.' (4:92)

So the ruling is the same - the freeing of a neck (slave), so we

must restrict the absolute nature of the first verse in
expiation of zihar and restrict it to also freeing a believing

slave which is the same as the restricted verse pertaining to

the expiation for murder, so in both cases the slave being
freed should be a believer 1

1
[Publishers note]
The Shaykh also said: So if I said: Free the neck of the believer, this is takhsees because
when al qaid occurs upon al-'am it is called takhsees, and if it occurs upon al mutlaq it
is called taqyid.

'So if I said to you: Free a neck of a believer, then this is qaid. And if I said to you:
Do not free the neck of a disbelieving woman, then this is takhsees, because the
indefinite article after a forbiddance signifies Al 'Umum. So upon this when it occurs
upon 'Am it is called takhsls. If I was to say to you, be generous to hardworking

63
 The Foundations of the knowledge of usOl

And an example of when the ruling is for different issues

is the saying of the Most High:

'[As for] the thief, the male and the female, amputate their
hands/ (5:38)

And His saying in the verse regarding ablution:

i J] ^nm t&jrj >

^Wash your faces and your forearms to the elbows/ (5:6)

Here the ruling is different [although appearing similar], in

the first it mentions cutting and in the second to wash; so we

do not restrict the first text by the second text, but the first

verse remains absolute and that the cutting should be from

the wrist and that the second likewise remains restricted and
the washing being done up to, and including the elbows.

students, then the word: students is mutlaq. So as 'hardworking' occurs upon mutlaq
then it becomes qaid. Then if there were 10 hardworking students and 3 of them were
treated generously then there has been cornplaince (with what was ordered). But if it

was in a am sense it would be required to be generous to all 10 (of the students)

And the saying of the most High: And Kajj (pilgrimage to Makkah) to the House
(Ka'bah) is a duty that mankind owes to Allah, for those who can afford the expenses'
(3:97) is takhsis because it occurs upom % and it is: 'the people'. (Sharh Usui Min Ilm
Al Usui, Pg 328)

64
 The Obscure and the Clarifying

The Definition of Obscure (Al-Mujmal)

Obscure linguistically means obscure or accumulated. And
technically it means: what does not allow understanding of
what is meant except by something else specifying it,

clarifying its description or its amount.

An example of what needs something to specify it is the
saying of the Most High:

^ mJI frftftoXj ^^sljJo C.lflJia.<Jlj f

'Divorced women remain in waiting for three periods/

(2:228)

The term 'al-Qar' is a word which shares meanings between

menstruation and purity, so it requires an evidence to show
which one of the meanings is intended.
An example of what needs something else explaining its

description is the saying of the Most High:

'And establish the prayer/ (2:43)

Indeed establishing the prayer is unknown and needs to be

explained.

65
 The foundations of the Knowledge of Usul

An example of what needs something else explaining its

amount is the saying of the Most High:

'AndpaytheZakat.' (2:43)

Likewise the amount of Zakat that is obligatory to pay is

unknown [from this verse] and needs clarifying.

The definition of the Clarifying (Al-Mubayyin)

Al-Mubayyin linguistically refers to a clarifler, explainer.

And technically it means: when the meaning is understood

by it, either the word itself in its original form or after an
explanation.
An example of what is understood to be from the word
itself in its original form is the word sky, land, mountain,
justice, injustice, sincerity; these words and the like are

understood, and do not need something else to explain

them.
An example of what is understood after clarification is the
saying of the Most High:

'And establish the prayer and pay the Zakat' (2:43)

The establishing and giving are both unclear, but the

legislation has explained them, so both words have become
clear after they have been explained.

66
 THE FOUNDATIONS OF THE KNOWLEDGE OF USUL

Acting on Mujmal (texts)

The Mukallaf person must act upon the mujmal when the
explanation is made clear to him. The Prophet $g explained
to his nation of followers all the legislation, its principals and
subsidiary matters, so much so that he left the nation on a

clear and pure white path, its night like that of its day, and

he did not leave explaining something at the time of need at

all.

And the Prophet's £g explanation was either delivered

orally, or in deed, or by word and deed both.

An example of his oral explanation is his informing us of

amounts and set limits of Zakat; such as his saying M: 'A
tenth of whatever is watered by the sky'; which explains the
generality of the saying of the Most High:

c 5
And pay the Zakat. (2:43)

An example of him explaining through action is establishing

the rituals of Hajj in front of all his followers making clear

the generality of the saying of the Most High:

c
And [due] to Allah from the people is a pilgrimage to the
House - for whoever is able to find thereto a way/ (3:97)

As well as his praying the eclipse prayer according to its

description, which in reality is a practical explanation of the

67
 the Foundations of the knowledge of usul

obscurity of his own saying: "If you see any of it (the eclipse)
1
then pray."

Narrated by Bukhari (5785) Book of dress, 2 - Chapter: Whoever drags his garment
not out of pride; and Muslim (911) Book of Eclipse, 5 - Chapter: Mentioning the call

for the eclipse prayer: prayer in congregation.

[Publishers note]

A Point of benefit
With regards to the one who lets his garment hang below his ankle with no intention of
being conceited and showing off, the scholars differed in this case and there are three
points of view: that it is haram, that it is makruh and that it is permissible and not
makruh.
The majority of scholars from the four madhhabs are of the view that it is not
haram. There follow some of the comments of the scholars from different madhhabs
concerning that:
Ibn Muflih said in al-Adab al-Shar'iyyah (3/521): Abu Hanifah & wote an expansive
rida and let it drag on the ground. It was said to him: Arc we not forbidden to do this?
He said: That is for those who show off and we are not among them. End quote. See:
al-Fatawa al-Hindiyyah (5/333).
With regard ro the Malikis, some of them were of the view that ir is haram, such as
Ibn al-'Arabi and al-Qurafi. Ibn al-'Arabi sa:d in 'Aridat al-Ahwadhi (7/238): It is not
permissible for a man to let his garment go beyond his ankle and say that he is not
being arrogant by doing so, because the text mentions the prohibition and refers to the
reason, and it is not permissible for anyone co say I am not one of those referred to in
the text, because the reason does not apply to me, because that attitude goes against
Shariah and is an unacceptable claim. It is a kind of arrogance to make one's garment
and izar longer, so he is definitely lying. End quote.
Other Malikis are of the view that it is makruh and not haram. AI-Hafiz Ibn 'Abd
al-Barr said in al-Tatnhid (3/244): This hadith indicates that the one who lets his
garment drag for a reason other than pride and arrogance is not subject to the warning
mentioned, but letting the izar, chemise and any other garment drag is blameworthy in
all cases. End quote.
It says in Hdshiyat al-'Adawi (2/453): There is a difference of opinion concerning
that which comes lower than the ankles if it is not done out of arrogance. Al-Hattab - a
Maliki scholar - concluded that it is not haram, rather it is makruh. Al-Tadhkirah -a
book by Imam al-Qurafi - concluded that it is haram. It seems that the most likely to
be correct is the view that it is emphatically rr.akruh. End quote.
With regard to the Shaft 'is, the)' stated that it is not haram unless it is done with the
intention of showing off. Imam al-ShafVi & said, as was quored from him by al-Nawawi
in al-Majmu' (3/177): It is not permissible to let the garment hang low when praying or

68
 THE FOUNDATIONS OF THE KNOWLEDGE OF USOL

otherwise in order ro show off. As for letting the garment hang low for reasons other
than showing off when praying, it is not as serious, because of the Prophet ft said to

Abu Bakr when he told him that his izar slipped down on one side: "You are not one
of them (i.e., those who let the garment hang down out of pride)." End quote.
And al-Nawawi said in Sharh Muslim (14/62): It is not permissible to let the

garment hang down below the ankles if it is done in order to show off. If it is done for

any other reason then it is makruh. The apparent meaning of the ahadith, which limit it
to letting the garment drag in order to show off, indicates that it is
haram specifically
when done to show off. This was stated by al-ShafVi who differentiated between

different cases. End quote.

Some of the Shafi'is - such as al-Dhahabi and al-Hafiz Ibn Hajar - were of the view

that it is haram. Al-Dhahabi said in Siyar A'lam al-Nubala (3/234), in response to the
not doing that to show
l

one who lets his garment hang below the ankle and says I am

off: You see him behaving in an arrogant manner and thinking of himself as not one of

them (those who are arrogant), but this is a foolish notion. And you see him looking at

a text that is general in meaning, and he limits its meaning on the basis of another,

separate hadith, to conclude that it is only haram when it is done in order to show

off! So he allows a concession based on the words of al-Siddlq (Abu Bakr), who said: O
Messenger of Allah, my izar slips down, and he said: "O Abu Bakr, you are not one of
those who do that to show off." We say: Abu Bakr ^> did not tie his izar in such a way

that it hung below the ankles in the first place, rather he tied it so that it came above the
ankle, but it slipped down after that.

the Prophet ft said: "The izar of the believer should come to mid-calf, but it
And
does not matter if it comes between (that point) and the ankle." The same
prohibition

applies to the one who lets his trousers cover his ankles, or makes his sleeves too long.

All of that is showing off which is deeply hidden in the psyche. End quote.

With regard to the Hanbalis, they stated that it is not haram. It says in al-Iqna

(1/139): It is makruh for a man's garment to come below his ankle unnecessarily. End
quote.
Ibn Qudamah said in al-Mughni (2/298): It is makruh to let the chemise, izar and

trousers come below the ankle, and if he does chat in order to show off then it is haram.

End quote.
al-Dln (Ibn
Ibn Muflih said in al-Adab al-Shar'ryyah (3/521): Shaykh Taqiy
view that not haram, but he did not mention whether
Taymiyyah &) favoured the it is

it is makruh or not. End quote. See: Sharh al-'Umdah by Shaykh al-Islam Ibn

Taymiyah (p. 361-362).

Al-San'ani £ was of the view that it is haram, and he wrote a book concerning that

entitled Istifa' al-Aqwal fi Tahrim al-Isbdl 'ala al-Rijdl. The view that it is haram is the

view favoured by most of our contemporary scholars, such as Shaykh Ibn Baz, Shaykh

69
 THE FOUNDATIONS OF THE KNOWLEDGE OF USUI

The example of his word and deed is his explanation on how

to pray, with his speech as in the narration of the man who
prayed badly in his prayer where he said $g: 'If you go to
pray, complete the ablution properly, then face the Qiblah

and say "Allahu akbar"...' until the rest of the narration. 1

And through his actions also, as in the narration of Sahl

Ibn Sad as-Sadi 4$fr that the Prophet & was on the pulpit and
and the people behind him did the same
said 'Allahu Akbar',

while he was on the pulpit ... and in the same narration he

turned and said to the people: 'I have done this so that you
may follow me and learn my prayer/ 2

Ibn 'Uthaymin, Shaykh Ibn Jibrin, Shaykh Salih al-Fawzan, the

scholars of the
Standing Committee for Issuing Fatwas and others.
1

Narrated by Bukhari (6251) and Muslim (397) Book of Prayer, 11 -

Chapter:
Obligation of reading Surah Fatihah in every rak'ah, and that if a person
cannot Iesrn it
then he should read whatever else that is easy for him.
2
Bukhari (917) Book of Friday prayer, 26 - Chapter: sermon on the
pulpit; and
Muslim (544) Book of the masjid, 10 - Chapter: Permissibility of taking one step or
two in the prayer.

70
 .

The Apparent and the Interpreted

The Definition of Apparent (Ad-Dhahir)

Apparent linguistically means clear and manifest. And
technically it means: whatever shows by itself of the most
likely meaning with the possibility of other meanings.
An example of this is the saying of the Prophet 3S: 'Make
ablution after (eating) camel meat'
1
, the apparent meaning
which is intended by the word 'ablution' is the making of
the ablution that has been legislated and not just washing
yourself
What is excluded from our words 'whatever shows by
1

itself of the most likely meaning is whatever is al-Mujmal

because it does not point to a meaning by itself.

And what is also excluded from our words 'most likely

meaning' is the Interpreted because it points to the less

correct view had it not been for a qareenah (outside factor)

And what is also excluded from our words 'with the
possibility of other meanings' is the clear text; because it

only carries one meaning.

1
The wording of both are from Ahmad (4/352), which is narrated by Abu Dawiid
(184) Book of Purification, making ablution after eating camel meat narration ot al-

Bara, and others from the authors. Also in Muslim (360) Book of menstruation, 25 -

Chapter: Ablution after eating camel meat, from the narration of Jabir.

71
 THE FOUNDATIONS OF THE KNOWLEDGE OF USUL

Acting upon the Apparent (text)

Acting upon the apparent text is obligatory unless there is an

evidence that takes it away from its apparent meaning and
that it is a more cautious approach, safer in fulfilling your
responsibility and stronger for your worship (to Allah)
compliance (to the legislation).

The Definition of the Interpreted (Al-Mu'awwal)

Al-Mu'awwal linguistically comes from the word 'al-awaT:
which means the and also returning. And technically, it
first,

means when the wording holds the less likely meaning.

So what is excluded from our words when the wording
holds the less likely meaning is the text and Apparent. As
for the text, it has the possibility of only one meaning, as for
Apparent, then it holds the most likely meaning.
And interpretation is of two types: acceptable and
rejected.

1. The acceptable (interpretation) is what is indicated

by sound evidence; such as the saying of the Most High:
'and asked the village (i.e. the people of it)/
As for the village then it is not possible to ask it directly.
2. The rejected (interpretation) is what one does not
have sound evidence (to support it), such as the
interpretation of the Mu'atilah (deviant sect) regarding

the saying of the Most High:

The Most Merciful rose above the Throne/ (20:5)

72
 THE FOUNDATIONS OF TH E KNOWLEDGE OF USUL

[They changed the meaning of Istawa (rose)] to the

meaning of 'Istawlah': to conquer, whereas it's correct

interpretation is of highness and establishment without
asking how or making similitudes.

73
 ABROGATION (AN-NASKH)
« #
The definition

Abrogation linguistically means removal and to copy. And

technically it means to remove a legal ruling or its wording,
with another evidence from the Qur'an and the Sunnah.
What is meant by our words 'remove a ruling' is, for
example, to change from an obligation to permissibility or
from permissibility to prohibition.

What is not meant by this is the non-implementation of

a ruling because of a condition or the presence of a
preventative factor, such as the lifting of the obligation of
Zakah because of not meeting the limit set, or the obligation

of the prayer due to the presence of menstruation; these are

not referred to as Abrogations.
What is meant by our words 'or its wording' is the
wording which is a legal proof because abrogation can either
be the ruling without the wording or vice versa or both; as

we shall see below.

And what are not included by the words 'based on

evidence from the Quran and Sunnah* are evidences from
consensus and analogy, as they cannot abrogate.
And abrogating is acceptable, intellectually, and is a legal
(Shariah) reality.

74
 THE FOUNDATIONS OF THE KNOWLEDGE OF USUL

As for acceptable through reason: then it is because in

Allah's hand is total power and authority, because the Lord
is the owner, He may legislate whatever his wisdom and
mercy necessitates for His slaves, so does the intellect prevent
us from seeing that the possessor orders those He possesses

however He wants? His wisdom and mercy with his servants

also necessitates that He legislates for them what is in their

best interests in the worldly life and the hereafter, and

benefits differ from time to place. So one ruling at a certain

time or state may be more beneficial for the slaves than at

another time, and Allah is All-Knowing and the All- Wise.

As for its occurrence in the Shariah then the evidences are
many; from them:
1. The saying of the Most High:

We do not abrogate a verse or cause it to be forgotten

except that We bring forth [one] better than it or similar
to it.' (2:106)
2. The saying of the Most High:

'Now, Allah has lightened [the hardship] for you/

(8:66)

'So now, have relations with them/ (2: 1 87)

This text was revealed to change the previous ruling.

75
 The foundations of the knowledge of Usul

3. The saying of the Prophet used to forbid you

gg: *I

from visiting graves so visit them (from now on). M This

text abrogated the prohibition of visiting the graves

What Prevents Abrogation Taking Place

Abrogation is prevented from the taking place in the
following:

1. News, because abrogation only deals with rulings, as

abrogation of one of the two pieces of news means one
of them has to be a lie, and lying is impossible in news
that Allah and His Messenger bring. In the case where
the ruling comes in the form of news, then this can be
abrogated as in the saying of the Most High:

4 O^'W OjLr^U^ Ox^-P j*^** 0[ ^

c
If there are among you twenty [who are] steadfast, they
will overcome two hundred.' (8:65)

This is an order in the form of news, therefore the

abrogation came in the very next verse, and it is the
saying of the Most High:

1
Narrated by Muslim, 25 (977) Book of Funerals, 36 - Chapter: The seeking of
permission by Prophet from him Lord to visit the grave of his mother. Sec: Book of
sacrifice, 5 - Chapter: statement of what wes from the Prophet, peace be upon him
concerning the earing of the meat of the sacrificial animals after three in the beginning
of Islam, and the explanation of its abrogation and its permissibility until whenever he
wants.

76
 The foundations of the Knowledge of usul

ibTj 4jil oij^ Ij^Jitj *_iaJ ^SC^-o fcjS^? 1>~^4 &j^U*>

I
0l3

'Now, Allah has lightened [the hardship] for you, and

He knows that among you is weakness. So if there are

from you one hundred [who are] steadfast, they will

overcome two hundred.' (8:66)
2. The rulings that are of benefit in every time and
place, such as Tawhid, the principles of faith, worship

and morals of honesty and chastity, generosity, courage,

and so on, cannot be abrogated. Likewise the

prohibition of all that is evil in every age and place like
Shirk and kufr as well as bad character such as lying,
immorality; greed and cowardice etc., since the laws are

for the well-being of people and to repel evil from them.

Conditions of Abrogation
The conditions for Abrogation that are required for what
can be abrogated include:
1. Two evidences that cannot be combined, because if
they can be, then there is no abrogation since the

possibility to act on both of them exits.

2. Knowledge of the fact that the abrogating text was

revealed later, known either through a text, something
learnt from a companion or via history.

An example of knowledge that is known to have

77
 The foundations of the knowledge of usOl

come later is the saying of the Prophet M' I authorized

you to enjoy women (through temporary marriage),

indeed Allah has now forbidden it until the Day of
1
Resurrection.'

And an example of knowledge reaching us by way of

information from a companion is the statement of
A'ishah who reported that
gg» it had been revealed in the

Holy Quran that ten clear breast feedings make the

marriage unlawful, then it was abrogated (and
2
substituted) by five breast feedings.

And an example of knowledge garnered through

history occurs in the saying of the Most High: 'Now
Allah has lightened the burden from you/
The word 'now' indicates that this ruling is the latter (of
whatever preceded it of the same issue). Similarly, if it

were stated that the Prophet §6 gave a ruling for

something before the migration, and then gave another
ruling after that which opposed the first then the second
one would be counted as the abrogating one.

3. Validating the abrogating text. The majority has

stipulated that the abrogating text be stronger than what
it is abrogating or at least similar, therefore the

1
Narrated by Muslim (1406) Book of Marriage, 3 - Chapter: Mut'ah (temporary
marriage) and an explanation that it was permissible, then that was abrogated and then
permitted to then finally be abrogated and the prohibition will last until the Day of
Resurrection; and Ahmad (3/405/15387).
2
Narrated by Muslim (1452) book of breastfeeding, 6 - Chapter: Prohibition because
of five feedings- (Once someone is breastfeed five or more times he is related to the

woman feeding him as if he or she was born from her, thereby not being allowed to
marry her other children etc)

78
 The Foundations of the Knowledge of usul

mutawatir (the narration that has multiple narrators)

would not be abrogated by narrations that are ahad
(narrations that have a single narrator at each level of the

chain), even if it is established (as a correct narration),

what is most correct is that it not be stipulated whether
or not the abrogating text be stronger or similar, reason
being the purpose of the abrogation is the ruling, and so
it should require it to be mutawatir for it to take place.

Parts of Abrogation

Abrogation is divided into three segments with regards to

the abrogated text:

L When the ruling has been abrogated and the wording

has remained, this is frequent in the Qur'an. An
example of which are the two verses of patience:

'If there are among you twenty [who are] steadfast, they
will overcome two hundred;' (8:65)
Its ruling abrogated by the saying of the Most High:
Sit* gsajj i ^SC Op Laii '<S-$ ill! Cjfe- ^
f fej

Sfcj j$1 o^k oUJi i>^ij uiJl ^4 jfj oJ3 ds^* *^U»

'Now, Allah has lightened [the hardship] for you, and

He knows that among you is weakness. So if there are

from you one hundred [who arc] steadfast, they will

overcome two hundred. And if there are among you a

79
 THE FOUNDATIONS OF THE KNOWLEDGE OF USUL

thousand, they will overcome two thousand by the

permission of Allah. And Allah is with the steadfast.*

(8:66)
And the wisdom of abrogating the ruling and not the
verse is to allow the reward of reciting it to remain, and
a reminder to the Muslim nation of the wisdom of
abrogation.
2. When the wording has been abrogated but the ruling
remains, such as the verse of stoning. Indeed it has been

established in [Sahihs] Bukhari and Muslim from the

narration of Ibn Abbas *&» that Umar bin Al-Khattab #
said: The verse of stoning was amongst the other verses

that Allah revealed in the Qur'an so we read it and

understood it properly and the Prophet stoned and
wc stoned after him, but I fear after a the passing of time
people will come to say: "By Allah we do not find the
verse of atoning in the Book of Allah!" So they will

become misguided by leaving an obligation that Allah

has revealed, even though stoning is in the Book of

Allah, a right on those that commit fornication /

adultery from the chaste men and women, and if the

evidence is established, the woman is pregnant or if

1
there is an acknowledgment.'
The wisdom of abrogating the wording but not the

ruling is to test the ummah to see if they will act upon

1
Narrated by Bukhari (6829) Book of punishments. 30 - Chapter: Acknowledgment of

adultery; and Muslim (1691) Book of punishments. 4 - Chapter: stoning the married

women for committing adultery.

 THE FOUNDATIONS OF THE KNOWLEDGE OF USUL

something that is not in the Qur'an and fulfilling their

belief in what Allah has revealed the exact opposite of

the state of the Jews that tried to hide the verse of
stoning in the Torah.
3. What has been abrogated both in wording and
ruling: such as the abrogation of the ten breast feedings
as in the previous narration of A'ishah

Abrogation is divided into four categories with regards to

the abrogating text
L Abrogation of the Qur'an by Qur'an like the verses of
1
patience (mentioned above)
2. Abrogation of the Qur'an by the Sunnah: I have not
found a proper example for this.

3. Abrogation of the Sunnah by the Qur'an; an example

of which is the abrogation of facing the Sacred House in

Jerusalem which was established by the Sunnah, to

facing the Ka'bah which was in turn established by the
saying of the Most High:

1
[Publishers note] As regards the number of verses that scholars have concluded are
abrogating verses, their findings differ, with opinions ranging from:
• 2 14 cases (Ibn Hazm)
• 105(AbuBakrIbnAlArabi)
• 7 (Ash Shanqici), with the lowest number being:
• 5 cases (Waliullah ad-Dehlawi)

There are also other opinions numbering between the 214 (highest) and 5 (lowest). For
more details, refer to 'An Introduction to the Sciences of the Quran.' Published by AI
Hidaayah Publishing.

81
 The foundations of the Knowledge of usul

'So turn your face toward al-Masjid al-Haram. And

wherever you [believers] are, turn your feces toward it

[in prayer].' (2:144, 149, 150).

4. Abrogation of the Sunnah by the Sunnah, and

example of which is the saying of the Prophet |§: 'I had
forbidden you from the drinking (and preparation of)

Nabidh in the vessels made out of leather, but (now)

you may drink in all vessels, but do not drink
1
intoxicants/

The Wisdom of Abrogation

There are many wisdoms for Abrogation; from them:
1. Taking into account the interests of people by
legislating what is best for them in their religious and
worldly affairs.

2. Gradually developing the legislation until it reaches

perfection.

3. Testing the mukallafeen, their readiness to accept the

transition from one rule to another and being content
with it.

Narrated by Ahmad (3/237/13512) and Abu Vaia (6/373/3707) Haythami said in AI-
1

Majmah (5/66) in the chain is Yahya bin Abdullah AI Jabir, and the majority have
declared him weak. Ahmad said: there is no problem with him, and the rest of the men
are trustworthy.

82
 The Foundations of the Knowledge of usul

4. Testing the mukallafln to see if they give thanks for

when the abrogation makes things lighter for them, to
see if they are patient when the abrogating text is harder
for them.

83
 Al-AkhbAr

The Definition
AI-Akhbar linguistically means news. But what is intended
here is: what is attributed to the Prophet M from his speech,
actions, tacit approval or description.

Much has been said previously about the rulings of the

(Prophet's M) speech.

[Types of Actions of the Prophet m]

As for his actions then they arc of different types:

1 . What he did that was part of his natural disposition,

such as eating, drinking and sleeping; they do not
constitute rulings in and of themselves but may be
commanded or prohibited due to a reason, or that
natural habits have a description that is sought, such
eating with the right hand, or prevented from, like

eating with the left hand.

2. What he did according to his habit, like the
description of his clothes which itself is permissible but
may be a commanded or forbidden for us depending on
other factors.
3. What he did that was specifically for him, which
would therefore be only for him such as continuously

84
 THE FOUNDATIONS OF THE KNOWLEDGE OF USOL

fasting for days without breaking the fast in between or

marrying women that would present themselves
(without a guardian).
Exclusivity must not be ruled for something unless
there is evidence, because the norm is to follow his way.
4. What he did in worship to Allah was obligatory for
him until he received the order making this a duty to
proclaim the obligation of it, then it would be
recommended for him and us based on the most correct
opinion, that is because of the fact that if he did
something, it indicates that it has basis in the Shariah, so
the norm is that there is no punishment for leaving the
action, as it is legislated without any punishment for
leaving it, and this is the reality of mandub
(recommended).
An example of that is the narration of 'A'ishah when
she was asked what the Prophet $g began with when he
entered his house? She & said: "With the siwak 1
;" there
is nothing in the siwak whilst entering the house except
an action, so it is mandub.
Another example is the Prophet % wiping his beard
by passing his fingers through from behind his beard to
the front in a combing motion during wudoo

Narrated by Muslim (253) Book of Purification, 1 5 - chapter: siwak. And Abu Dawud
(51)book Cm Purification, concerning a man using someone else's miswak; and An-
Nasai in Mujtaba (8) Book of Purification, 8 - Chapter: siwak all the time; and Ibn
Majah (290) book of Purification and its practices, 6 - Chapter: reward of the pure.

85
 THE FOUNDATIONS OF THE KNOWLEDGE OF USOL

1
(ablution) , this action is not considered a part of
washing the face, until there is a clarification of the
ambiguity (of the word face); and it is only an action so
it reaches the level of mandub.
5- What he did demonstrating the ambiguity of the
texts from the Quran and the Sunnah; this was
compulsory for him until the explanation was received
that he must proclaim it, then the ruling of that text was
clarified with regards to him and us; if it is obligatory

then that action is becomes obligatory, and if it is

recommended then that action becomes recommended.

An example of an obligation is the obligatory actions
of the prayer that the Prophet |§ did, thereby removing
the ambiguity of the saying of the Most High:

'And establish the prayer/ (2:43)

An example of mandub: His praying of two units

behind the station of Ibrahim after completing the tawaf
2
enacting the saying of the Most High:

'And take the station of Ibrahim as a place of prayer/

(2:125) by going towards the station of Ibrahim, while
reading this verse, and offering two rak'ahs as a Sunnah.

1
Narrated Tirmidhi (29,30) and (31) Book of Purification, 23 - Chapter: Wiping the
beard with the hand using the fingers like a comb.
2
Narrated by Muslim (1218) Book of Hajj, 10 - Chapter: Hajj of the Prophet ft

86
 THE FOUNDATIONS OF THE KNOWLEDGE OF USUL

As for his approval then it is an evidence of the

permissibility of that thing in the way approved by the

Prophet & whether it is a statement or an action.

An example of his approval in speech is his approval

of the slave girl that he asked; Where *

is Allah?' She said:
£ 1
Above (fi) the sky.'
An example of his approval of an action is his

approval of the person that was part of a small army

unit, he used to read surah Ikhlas at the end of every
rak'ah, so the Prophet M said: 'Ask him why he does
1 £

that? so they asked him and he said: It has a description

of the Most Merciful and I love to read it;' so the

Prophet M said: 'inform him that Allah loves him/ 2

Another example is his approval of the Abyssinians
playing in the masjid
3
in order to bring them closer to

Islam.

1
Narrated by Muslim (537) Book of Masjids, 7 - chapter: prohibition of speaking in

the prayer and the abrogation of its permissibility; and Malik in Muwatta 2/776/1468
the book of emancipation, 6 - Chapter: What is permissible from the emancipation of

those that have to be. Imam AJ-Baihaqi, one of the Imams who narrated this hadith

said: 'Abu Abdullah Al-Hafidh said that Shaykh Abu Bakr Ahmad bin Ishaq Bin Ayoub

Al-Faqih said "Sometimes the Arabs replace 'Ala (above) with fi (in). (For example)

Allah said 'So travel freely in (fi) the land' (9:2)... meaning on (*ala) the earth" and

similarly 1 will surely crucify you in (fi) the trunks of date-palms' (20:71) [meaning on

('ala) the trunks']. Similar is the saying of Allah 'Fi as-sama' which means 'on the
throne, above (fauq) the sky', as is is proven in authentic narration. (Al-Asma Wa Al-
Sifdt by Al-Baihaqi vol 2, p 425).
2
Narrated by Bukhari (7375) Book of Tawhld, 1 - Chapter: Calling of the Prophet's «
nation to the oneness of Allah the Blessed the Most High; and Muslim (813) Book of
prayer, 45 - The chapter: The virtues of reading Surah Al-Ikhlas (Say God is One).
3
Bukhari (454) Book of Prayer, 69 - Chapter: people of mihrab in the masjid; and
Muslim (982) (18) book of the two Eid prayers, 4 - Chapter: The permissibility of play

in which there is no sin on the days of Eid.

87
 .

The foundations of the knowledge of usul

As for what happened during his time that he was

not aware of, then it cannot be attributed to him, but it

is an evidence of Allah's approval of it, hence the

companions 4*> used as evidence the permissibility of
Azl (coitius interruptus) because of Allah's approval of
it, saying that we used to practice 'Azl while the Quran
was being revealed.' (agreed upon) and Muslim added:
1

'Sufyan said: "had there been something to prohibit,

then the Qur'an would have done so."'
What demonstrates that the approval of Allah is an
evidence, is the fact that the reprehensible acts which the
hypocrites were trying to conceal were exposed by Allah
the Most High and condemned, which therefore shows
that what He kept silent about was permissible.

The categories of news in light of who they are attributed to

News is divided into three categories with regards to who
they are attributed to: Marfu', Mawquf and Maqtu
1. Marfu': What is attributed to the Prophet $g in actual
terms or through a judgment (he passed).
As for Marfu' in actual terms, it is the words of the
Prophet m, his actions and cacit approvals.

And Marfu' through judgment is what is attributed

to his Sunnah, or his reign or the like, and whatever
shows that he had no direct contact with, such as the
saying of a Companion: we have been commanded or

Bukhari (5207) Book of Marriage, 96 - Chapter: Isolation. Muslim (1440) Book of

Marriage, 22 - Chapter: Ruling of Isolation.

88
 THE FOUNDATIONS OF THE KNOWLEDGE OF USOL

forbidden,' etc., as in the words of Ibn Abbas *#e>: 'The

people were commanded to make the last thing they do
before leaving Makkah: tawaf of the Ka'bah, except for

the menstruating women', 1

And the words of Umm
'Atiyah: 'We were forbidden to follow the funeral
2
procession...'

2. Mawquf: What is attributed to a Companion but not

proven to be from the Prophet himself, then the most
correct opinion is this can be used as an evidence 5 except

1
Bukhari (1755) Book of Hajj, 144 - Chapter: Farewell tawaf. Muslim (1328) Book of
Hajj, 67 - The chapter: Obligation of the farewell tawaf except for menstruating

women.
2
Bukhari (1278) Book of Funerals, 1 1 - Chapter: Prohibition of women following the
funeral procession.
3
[Publishers note] Shaykh Uthaymin said: 'So the scholars -May Allah have mercy on
them, differ concerning the saying of a companion as to whether it is a proof or not.
And what is intended by 'the saying of a companion' here is that which is nor
established as having the ruling of being marfu (attributed to the Prophet
'So from the people of knowledge are those who say: It is a proof. And their

reasoning for that is that the companions are closest to that which is correct due to

witnessing the Prophet and knowing from his sayings, actions and circumstances that
which others do not. Also due to the sincerity of the intention and their being far from
following their desires. Additionally, because they are the best of this nation as testified
to by the Prophet in his saying: 'The best of people are my generation, then those after
them, then those after them", (Bukhari &
Muslim) and because they have precedence
over others in the book of Allah: "And the first forerunners [in the faith] among the
Muhajireen and the Ansar and those who followed them in good," (9:100) So His
saying: "And those who followed them in good," so this is evidence that there are for
them sayings that they are to be followed in. So these perspectives are evidence that the

saying and actions of the companions arc a proof.

'And some of the people of knowledge say: Indeed it is not a proof except
concerning that which Allah and His Messenger say. Due to the saying of Allah, the
Most High: "Messengers as bearers of good news as well as of warning in order that
mankind should have no plea against Allah after the Messengers," (4:165) and His
saying: "He who obeys the Messenger, has indeed obeyed Allah, but he who turns

89
 The foundations of the Knowledge of usOl

away, then wc have not sent you as a watcher over them," (4:80) and His saying: "And
whatsoever he forbids you, abstain (from it).* (59:7)

'And it is known that if we follow/imitate the companions we have obeyed other

than the Messenger and taken other than the saying of the Messenger. And this is not a
proof over (and above) what he obligates, neither over (and above) that which he
legislates.

'Also because the companions, May Allah be pleased with them, are like other than
them who are not protected /infallible (ma'sum) from mistakes and forgetfulness.

'And that which has been mentioned from the descriptions which have (just)

preceded and which are used as evidence by those who say: 'Indeed their saying is a
proof then we believe in it, but this docs not necessitate that whatever they say from
that which there is no text for is a proof which obligates us to follow it. For example,
their saying that they witnessed the Messenger and knew from his sayings, actions and
circumstances that which others didn't. This is a matter that there is no differing over

but it does not necessitate that what they said or did is a proof, this is because they
made mistakes, even though their mistakes were less than others.
'As for their being the best of generations, then there is no doubt concerning that,

however, this does not necessitate that their sayings are a proof because the proof is in

whatever Allah and His Messenger say.

'And as for the saying of Allah, the Most High: 'And those who followed them in

good* then the meaning of that is that they follow their path in accepting the book of
Allah and the Sunnah of His Messenger and not making the saying of any of the people
equal to the saying of Allah and His Messenger.

'And as for their sincerity to Allah, then there is also no doubt concerning this.

However, this does not necessitate that their saying is like that which comes in the Book
and the Sunnah, that is: concerning obligations to take it.

'And in reality, the saying that their saying is not a proof is a strong saying.

However, there arc evidences that the Messenger expressed diat the sayings of some of
them is a proof. For example, His saying: 'Adhere to those who come after me, Abi
Bakr and Umar' (At Tirmidhi, 3663 and Ibn Majah 97) and this is an explicit text

concerning their (Abi Bakr and Umar) sayings being a proof.

[About this hadith, Shaykh Muqbil said in 'Ahadith Mu'alla' No. 120: 'And Hilal,

the mawla of Rabi' is unknown. And Al Manawi in 'Fayd AI Qadir' added that Ibn
Hajr said: Indeed Abu Hatim regarded it as defective due to Rabi' bin Hirash having
not heard from Hudhayfah. And that which has been mentioned that the hadith of of
Ibn Masud and Anas strengthen it is not salih because it is munqati and those
1

narrations only make the weakness more severe. Allah knows best. ]

Shaykh Uthaymin said: 'So if it is said, ii means: Adhere to/follow those who come
after me in that which they did from my sunnah.

90
 the foundations of the knowledge of usul

in the case where it contradicts a text (from the Qur'an

and Sunnah) in which case we go by the text, or that it

contradicts the statement of another Companion, then

the most correct opinion is taken of the two.
A
Companion is whoever met the Prophet ft
believed in him and died upon that.

3. Maqtu': what is attributed to a Tabi'I and anyone

after him.
The Tabi'I is whoever met a Companion as a believer
and died upon that.

Categories of news with regards to its chains (of narration)

'The response to chat is if we follow this path in taking from the hadith then the
hadith is devoid of benefit because following anyone who takes from the sunnah of the
Messenger is something we have been ordered with. And if those who we follow are
from the 7th or lOrh generation then it is not restricted to Abu Bakr and Umar.

Then indeed, The Messenger of Allah said concerning that which is sahih regarding
it in Sahih Muslim: "If you had obeyed Abu Bakr and Umar, you would have been
guided,* and this is dear that their sayings are guided and the guidance is that which
the Shariah comes with as Allah the Most High says: "And know that, among you there
is the Messenger of Allah. If he were to obey you (i.e. follow your opinions and desires)

in much of the matter, you would surely be in trouble, but Allah has endeared the Faith
to you and has beautified it in your hearts, and has made disbelief, wickedness and
disobedience hateful to you. These! They are the rightly guided ones." (49:7)
'And that which is verified concerning these issues is that it is said: As for whoever
there is a text from the Prophet ft that their saying is a proof, then without doubt it is a
proof, such as Abu Bakr and Umar.
'And as for other than them, then whoever from the scholars of the companions was
famous for their understanding and known for their leadership, then indeed following
them is given precedence over following Imam Ahmad, Ash Shaft' T, Abu Hanlfah,
Malik and those who resemble them.'
The Shaykh then went onto mention a third category: 'Whoever is not known with
rhis, then the saying that their saying is a proof, this is far from correct.' (Sharh Usui
Min IlmAlUsul)

91
 The Foundations of the Knowledge of Usul

News can be divided into Mutawatir and Ahad with regards

to its chain of narrations:

1. Mutawatir: what many people narrated making it

normally impossible for them to have conspired together

upon a lie, and assigning it to something tangible. An
example would be the saying of the Prophet M'-

'Whoever lied on me deliberately, let him take his seat

1
in the Fire/

2. Ahad: Whatever is lesser than mutawatir. And it is

graded into three levels: sahih (authentic) Hasan (good),

and da'If (weak).

Sahih: What is narrated by someone upright with

precise and complete recollection and a connected
chain of narration, void of any anomalies or hidden
defects.

Hasan: What is narrated by someone generally pious,

of reasonable precision and recollection with a

connected chain of narration, void of any anomalies

or hidden defects, it may reach the level of sahih if

there are many chains of narrations and it is called:

Sahih due to others (i.e. supporting chains of

narration) or:

1
Bukhari (110) Book of Knowledge, 38 - The chapter: of the sin of lying on the
Prophet, peace be upon him; and Muslim (4) introduction, 2 The
- Chapter: severity of
lying on the Messenger of Allah ^ from Abu Hurayrah, Muslim (without)

introduction, 1 - The chapter: obligation of narrating from trustworthy narrators and

rejecting liars and the warning of lying on the Messenger of Allah & from the narration

of Al-Muglrah bin Shu'bah and Samrah bin Jundub. Refer to Al-Fath (1/203-204).

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 The Foundations of the Knowledge of Usul

Da'lf (weak): which is whatever does not meet one of

the conditions of Sahih or Hasan.
It (the da'lf hadith) may reach to the level of

Hasan if the chains of narration are numerous, in a

way that each narration supports the other, it is

known then as: Hasan due to others (supporting

chains of narration).
Each of these categories are regarded as evidences

except the da'lf (weak) narration, which is not an

evidence, although there is no harm in mentioning
them as supporting evidence (for things already

established via. authentic means).

Modes of narrating
There are different wordings used in narrating:
In respect to narrations, there is 'Tahammul' and 'Ada':

• Tahammul is taking the narration from others.

• 'Ada' is to propagate the narration to others.

For Ada there are various formats including:

1. 'Hadathanf (he narrated to me): For whose sheikh
reads to him.

2. 'Akhbaranf (he informed me): For the one whose

sheikh read to him, or that he reads to his Sheikh.
c

3. 'AkhbaranI Ijazah' or Ajaza If: For those that

narrated with 'Ijazah* without reading.

The 'Ijazah' is the permission of the sheikh (teacher)

for the student allowing him to narrate from him what

93
 The Foundations of the Knowledge of usOl

he the sheikh has narrated, even if was not by way of

reading.

4. 'Anana*: Is to narrate using the word 'An' (from). Its

ruling is that it (the chain of narration) is connected

except by someone who is known for 'Tadlls', then it is

not ruled as connected unless the narrator explicitly says

it was narrated to him.

In the field of Hadith science there are many types of hadith

narrating, what we have pointed out here is sufficient

Insha Allah.

94
 CONSENSUS (AtrljMA')

The Definition
Consensus linguistically means: determination and
agreement. And technically it means: an agreement between
the 'Mujtahidln* of this ummah after the Prophet £S on an
Islamic ruling.
What is excluded from our word 'agreement' is the
presence of disagreement, even if it is from one (scholar),
1
otherwise consensus cannot be claimed .

[Publishers note] The Shaykh said in Shark UmlMin IhnAl Usui {pg 550-551): 'And
especially when there is one who is known with having knowledge ('ilm) and
understanding (fiqh), then indeed his opposition is taken into consideration. "Even if it
is from one". Ibn Jarir the author of the famous tafsir was of the view that one or
two people do not destroy the consensus. And that if the ummah were to have ijma
except for one man or two men and even if they were from the worshippers of Allah
and from those with the greatest understanding, then indeed, the ijma is binding
(valid).

'However, his saying differs from what the majority of scholars are upon. So the
people of knowledge say: If opposition is found, even if from (only) one person from
those whose sayings are taken into consideration, such as the jurists, then there is no
consensus in this issue... .Some of the scholars from the do not consider the
jurists

difFcring of the Dhahiris or their agreement, meaning they do not give them
consideration in consensus so they narrate a consensus even if the Dhahiris differ

because they see them as nothing. However, this is not correct and it is not possible that
we narrate a consensus in an issue in which the Dhahiris differ as the Dhahiris are from
the nation of Muhammad So it is not possible that we disregard their differing.'

Shaykh Muqbil was asked: Ibn Hazm is known - in Al-Muhalla - to be of the

Dhahiri school of thought, so is all his speech taken, seeing as you recommend it (Al-

Muhalla)? He answered: The book AI-Muhalla of Ibn Hazm is considered a book of

95
 The Foundations of the Knowledge of usul

And what is excluded from our word 'Mujtahidin are the

common people and blind followers, as their agreement or
disagreement (on an issue) is not paid any attention.
And what is also excluded from our words 'this ummah'
is the consensus of other nations as it also has no bearing.

And what is not included by the words 'after the Prophet

is their (the Companions*) agreement during the time of
the Prophet then this not considered a consensus in terms
of being an evidence, because the evidence is obtained from
the Sunnah of the Prophet from what he said did or
approved of, as such if a Companion said: 'we used to do,'
or 'they used to do such-and-such a thing during the time of
the Prophet then that would be a ruling that is 'marfu'
(attributed to the Prophet himself) and not a consensus.

jarh and ta'dll and a book of authentication and weakening of hadiths, and this is not
found in the books of fiqh. So if you looked to AJ-Mughni or, for example, to Sharh Al-
Azhar from the books of the Zaidis or if you looked to the books of the Hanafls and so
forth, even to Al-Majmu' of Al-Nawawl which is considered from the best books of
fiqh, you won't find this authentication, weakening, tracing, documentation or
discovering of forgeries (with the chains of narration of hadith) to see what is false.

'As for opinions in which Ibn Hazm differed with the Book and the Sunnah, or his

attacks on some of the scholars, then we are free (of that). As for the Zahiri school of

thought then what we advise every Muslin with is to be a Zahiri. Similarly., Al-

Shawkani & noted in the biography of Abu Hayyan, the author of Al-Bahr Al-Muheet
that whoever came to know the Zahiri school of thought cannot leave it or change (his
school of thought).
'Ash-Shawkani said, because it's truth, the stagnation (of the school) does not stifle

me from the school of Abu Muhammad bin Hazm di- So we do not call to taqlid (blind

following) of him.. .then he (Al-ShawkanI) noted that if taqlid was permissible, we

would have made taqlid of the Sahaba (Ijabat al-Sa* il fi Ahamm al-Masa
l
il Q #320,
Pg-56)

96
 The Foundations of the Knowledge of Usul

£
And what is also excluded from our words an Islamic
1
ruling is their agreement over something intellectual or

habitual, then it has no place here, as research in consensus is

as evidence similar to the evidences of the Shariah.

The consensus is evidence-based on the following proofs:

L The saying of the Most High:

'And thus we have made you a just community that you

will be witnesses over the people' (2:143) so His saying:
'witnesses over the people', includes witnessing over
their actions and on the rulings of their actions, and the
saying of a witness is acceptable.

2. The saying of the Most High:

'And if you disagree over anything, refer it to Allah and

the Messenger* (4:59) indicates that what they agree
upon is the truth.
3. The saying of the Prophet 'My ummah will not

unite upon misguidance.' 1

1
Narrated Tirmidhi (2167) Book of strife, 7 - Chapter: What has come regarding
sticking with the Jama'ah (main body of Muslims) and said Gharib (strange); and Abu
Dawud (4235) Book of sedition and carnage. Chapter: Mention of fitan and its

significance; and Ibn Majah (3590) The Book of sedition, 8 - Chapter: The vast

majority. AI- Busayri said: 'This narration was narrated from Abu Dhar, and Abi Malik
al-Ash'ari, Ibn 'Umar and Abu Nadhrah, and Qudamah Ibn Obaidullah AI Kulabi, and
1

in all of them there is something, as stated by Sheikh AJ-Iraqi. Nawawi declared it weak
in his explanation of Sahih Muslim (13/67) and Albani in his checking of As-Sunnah
(82).

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 THE FOUNDATIONS OF THE KNOWLEDGE OF USUL

4. So we say: The Consensus of the ummah on

something is either true, and can be false. If it is true

then it is an evidence, and if it is false, then how can this

ummah, that is the most honourable of nations to Allah
since the time of the Prophet H until the coming of the
last hour, unite upon something false that Allah is not
pleased with? This is from the greatest impossibilities.
1

Types of consensus
Consensus is of two types: 'Qatf and 'Dhannf:
1. Qati': What is known to have occurred in the
ummah without any doubt such as the consensus on the
necessity of the five daily prayers and the prohibition of
adultery, and that this type of consensus no one can
deny that it is an evidence, and the one who does so, has
disbelieved if he is not from those that do not know.
2. Dhanni': What cannot be known except through
thorough research. The scholars have differed in the
2
actual possibility of it being proven and the most

1
[Publishers note] The Shaykh said in: Sharh UsulMin 'IlmAl Usui (pg 422-423): "The
scholars have differed concerning Consensus as to whether it is or isn't possible and if it

is possible does it constitute a proof or not?' - up until his words:- 'Some of the people
of knowledge have said it is not a proof because proof is in what Allah and His
Messenger say, not in the sayings of the people and that consensus is only the saying of
people, so it is not the saying of Allah and His Messenger ft' (pgs 422-423)
2
[Publishers note] The Shaykh said: That is, is it possible for all of the scholars to unite
upon the ruling in an issue which is from die issues whose ruling is not known by
necessity in the religion? So some of the scholars said: 'It is not possible for it to be
established' till his words 'And as for that which is mentioned concerning the qati'

consensus then this is established by the texts so there is no need for consensus. And
due to this some of the scholars were of the opinion that consensus is not a proof. And

98
 The Foundations of the Knowledge of Usul

correct view is that of Sheikh al-Islam Ibn Taymiyah

who said in Al-Aqidatul Wdsitiyyah: The consensus is

what was enjoined by the salaf, for after them a lot of

differences occurred and the ummah spread/

So be aware that it is impossible for the ummah to

unite against an evidence that is both clear and authentic

and not abrogated, for it will not come together except

upon the truth, so if you see a consensus that you think

to be in opposition to that, look more carefully, either

the evidence you have is not authentic, unclear,

abrogated or there is a disagreement in the issue that you

are not aware of.

Conditions for consensus

The conditions for consensus include:
1. That it be proven via an authentic route, so that it is

either famous among the scholars or is conveyed to us

from a trustworthy source who is well read.

2. It not be preceded by a firmly-based disagreement, if

it is the case then there can be no consensus, because

statements are not void simply because the one saying
them has died.

So consensus cannot remove former disputes, rather

it deters disputes from taking place at all, and this is the

most correct opinion due to the strength of its

from those who said that was Imam Ahmad, in one of the two narrations reported from

him, when he said: Whoever claims consensus has lied and what does he know for

perhaps they differed.' (Sharh Usui Min Ilm Al Usui pg 528)

99
 The foundations of the knowledge of usOl

objection; it has also been said: that is not stipulated, so

it is correct that people in the second era gathered upon
one of the statements of the previous generations then
they would be an evidence for those that come after

them, and in the view of the majority it is not a

condition that the era of those that had consensus finish
so that the consensus (from the people of consensus)

thereafter, can come into play simply because they agree

upon it. It is not permissible for them or other than
them to object to it after that, because the evidences that

show consensus to be a proof does not necessitate the

ending of one era, and that consensus is achieved from
the moment they agree upon something, so then who is

the one that would remove it?

When some of the Mujtahideen make a statement or

do an action, and it becomes well-known amongst the
people of Ijtihad and they do not object to it while they
have the ability to do so, then it is said that it is

consensus, it is also said that it is an evidence but not

consensus, and it has also been said that it is neither an
evidence nor consensus. (Lastly) it has been stated that if

they have passed away before making any objections

then it is a consensus, because their continued silence,
until they passed away while having the ability to speak
against it, is itself a proof of their agreement to it, and
this is the closest statement (to the truth).

100
 ANALOGY (AL'QIYAS)

The Definition
Analogy linguistically means appreciation and equality. And
technically it means: drawing a similarity between a
subsidiary issue and a core issue in a ruling that pertains to a
common element between them.
The Subsidiary issue' (Al-Far) is what the analogy is

made for.
And the 'core issue' (Al-'Asl) is what the analogy is made
from.
The 'ruling (Al-Hukm) refers to what the evidence
necessitates from an obligation, prohibition, correct or
incorrect, etc.

The 'common element' refers to the meaning with which

the reason for the ruling of the primary issue is made.
These are the four pillars of analogy, and analogy is one
of the evidences used to establish legal rulings.

What demonstrates that its to be considered as a legal

source of evidence is the Quran and Sunnah and the sayings
of the Companions 1

1
[Publishers note] The Shaykh also said: 'And the scholars -May Allah have mercy
upon them, have differed concerning analogy being a proof. That is, is analogy a

Shariah evidence that can establish rulings or not? So some of the people of knowledge,
and at their head is the dhahiris, are of the view that analogy (al-qiyas) is falsehood and

101
 The Foundations of the Knowledge of usul

they prohibited it. And they said that indeed those who take hold of analogy are

initiating shaytan -And Allans refuge is sought, because the first person to use analogy
and contradict the revealed texts by analogy is shaytan when Allah ordered him to

prostrate to Adam' till his words: 'Meaning shaytan said: I am better than him, so how
can one who is better prostrate to one who is lower.'**

And as for the majority they said: 'Indeed analogy is a shariah evidence which is

confirmed in the Quran, Sunnah and in the sayings of the companions. And as for the

saying of those who said that using analogy as a proof is imitating shaytan and who use
as evidence the incident with shaytan when he was ordered to prostrate to Adam, we are

in agreement with them that the likes of this analogy is not a proof as it clashes with the

texts and analogies that clash with the texts are analogies that are not correct. As for the

correct type of analogy then there is evidence for it in the Quran, Sunnah and sayings of
the companions, so that is not imitating the shaytan but is imitating/following the

Shariah and the clear evidence for that is about to come/ (Sharh Usui Min Ilm Al Usui
pg 543-544)
** [While explaining the verse: Tou created me from fire and created him from day'
in Surah Al 'Araf, Ibn Kathir brings the narration of Al Hasan that: 'Iblis (shaytan)

made analogy and he was the first to make analogy' and He (Ibn Kathir) said: 'Its chain
of narration is sahih'
Shaylch Muqbil said: 'It was reported in 'Tafsir At Tabari' (12/328) and the saying
of Al Hafidh is not correct because in its chain of narration is Al Husayn as can be seen
and he is Ibn Dawud and it has preceded that he is weak. So with this chain of
narration it is weak (da'if).'

Ibn Kathir also quoted Ibn Sirin who said: "The first person to make analogy was
iblis and the sun and moon were not worshipped except due to analogy.' Ibn Kathir

said: 'Its chain of narration is sahih.' Shaykh Muqbil referenced it to 'Tafsir At Tabari
12/328. See Vol 3, pg 481-482 (Tahqiq Tafsir Ibn Kathir of Shaykh Muqbil)]
And Shaykh Muqbil was asked: Is the statement of the one who says 'Whoever
rejects qiyas (analogical reasoning) has missed a third of the Sharia (Islamic law)' a
correct statement?

He answered: 'Allah the Most High says in His noble Book: "On this day I have
completed for you your religion and completed my favor upon you, and favored Islam
for you as a religion."

And He - the Almighty - says "I have explained to you in detail that which is

prohibited for you" - surely Allah the Most High explained everything in detail.

So after that, in the issue of qiyas they themselves (e.g. the people of qiyas) make
analogy of wine based on khamr in combination with intoxication, and when you read
the hadith the Messenger of Allah "Ever)' intoxicant counts as khamr, and khamr is
prohibited," you know that there is no reason for this qiyas. The proof comes from the
generality of the Sharia, and maybe the people of qiyas did not happen upon a proof.

102
 THE FOUNDATIONS OF THE KNOWLEDGE OF USUL

Allah's help is sought and I recommend reading whar Abu Muhammad Ibn Hazm
wrote in his book "Al-Ihkam fi Usui il-Ahkam" regarding qiyas.' (Ijabat al-Sa'il fl

Ahamm Q#157)
al-Masa'il,

Ash ShawkanI said: In general, the qiyas which is mentioned by the people of usul is

not a shari'a evidence which is binding on any of Allans slaves, nor is there any Shar'i
evidence that indicates that it is a proof.
'As for when the illah is textually stated, then the evidence is that text which states
the illah. This is because the Legislator has cxplicidy stated that it is taken into
consideration. The same is true about claiming with certainty that there is no
distinction between two scenarios. This is because two matters between which there is

no distinction are actually then the same thing. Whatever is proven concerning one is

proven concerning the other without one being the fundamental issue (asl) and the
other being the subsidiary issue (far').

'As for the issues of qiyas, most of them are simply based on opinion which is not
based on anything that can constitute proof. The clarification of that is that they have
assigned 10 methods of identifying the illah (effective cause), none of them constitute
evidence except that which refers back to the shariah, such as the illah being stated in a
text, or that which is known from the language of the Arabs such as inclusion by way of
discounting the distinction. Likewise that which is known as Qiyas al Awla (superior
qiyas).'

The translator of these statements of Ash Shawkani gave an example of Qiyas al

Awla by saying: 'Where the illah is more apparent in the Far' (the new case) than it is in
the asl (original case), an example would be the prohibition of alcohol due to the
intoxicating effects (this is the illah). If some other substance were to be found which
causes greater intoxication than even alcohol, it would be more deserving of being
prohibited due to this illah.' (See the Biography of Imam ShawkanI by Darussalam, pgs
140 & 173)
Shaykh Uthaymin said: 'And the reality is that qiyas is a hazardous door, because
many mistakes have been introduced into it between the people of knowledge. So there
are found from the people, those who make analogy of one issue with another issue,

even chough a distinction between them is established. And some of the people
disapprove of Qiyas and do not affirm it at all, while some affirm it some places and
negate it in other places' (Sharh Usui Min Ilm Al Usui, Pg 540-541)

NB: An unauthentic narration against Qiyas:

As for what some of those who deny Qiyas in these times propagate that it is a hadeeth:
'On the authority of 'Auf ibn Malik (that): Rasuluilah said, "My nation will split into
seventy-some divisions. The greatest of them as a fitnah [test, trial] against my nation
will be a people using Qiyas with their personal views, thereby they will permit the

hararn and forbid the halal." They say that this was related by at-Tabarani and al-

103
 The Foundations of the Knowledge of Usul

From the Evidences of the Quran

1. The saying of the Most High:

'It is Allah who has sent down the Book in truth and
[also] the balance;' (42:17) and the balance is what is

used to weigh up the affairs and make analogy between

them.
2. The saying of the Most High:

As We began the first creation,

c
We will repeat it;'

(21:104)

Hakim; al-Haitharai and others said it is authentic.

The following should be noted:
As for At-TabaranI, then he reports it in 'A! Kabir' (18/50) its chain of narration is

as follows: Yahya Ibn Uthman Ibn Salih -Nu'aym Ibn Hammad -Eesa Ibn Yunus -
Hariz Ibn Uthman -Abdur Rahman Ibn Jubayr Ibn Nafir -His father -Awf Ibn Malik.

fj»
$A J* 1st U-Jipi J3> cvwj J* » : ^r 1 "* 3 *J* ^ <fr* J* ^u &>

In Mizan Al I'tidal: Narrator No. 9102 (Nu'aym Ibn Hammad) Adh Dhahabi said after
quoting this exact chain of narration and wording that Yahya Ibn Ma'ln was asked
about this and he said: 'It has no asl (basis).' For more details refer to Mizan Al I'tidal.

Then in Al Haithamis 'Majma' Az Zawa id' No. 841, 1/430 it is as follows:

(9* J*- ^fr*^ 1

*v »^*J J* '
J u r1- '
J. ^ Ai ijfl ^& J* ~ * tl
JU, *Jbrj, ^Hj ^ ^tftUl .ly Jjf ^ kJJ* #1 a* ^Ji : . J^U-I ^1 ^ O^U-i j^Sfl

So, Al Haithami says the hadlth has been reported by At TabaranI, but diis hadlrh of At
Tabaranl has no basis as Yahya Ibn Ma'ln said.

Finally, concerning the narration in Ibn Majah, No. 3992, on the authority of Awf
Ibn Malik, it has absolutely no mention of The greatest fitnah against this nation

being people using qiyas with their personal views, thereby they will permit the haram
and forbid the halal.'

104
 The Foundations of the Knowledge of usul

'And it is Allah who sends the winds, and they stir the

clouds, and We drive them to a dead land and give life

thereby to the earth after its lifelessness. Thus is the
Resurrection;' (35:9)
So in this verse Allah likened the returning of the

creation with its beginning, and likened the revival of

the dead with the revival of the earth and this itself is

analogy.

The Evidence of the Sunnah

1. The saying of the Prophet M to the woman who
asked him about making up the fast for her mother after
she had died: 'What do you think if your mother was in

debt and you settled it for her would that then not be
lifted from her?' She said: 'Yes.' So he said: Then fast
1
for your mother.'
2. A man came to the Prophet and said, 'O Messenger
of Allah! A black child has been born to me.' The
Prophet asked him, 'Have you got camels?' The man
said, 'Yes.'The Prophet asked him, 'What colour are
they?' The man replied, 'Red.' The Prophet said, 'Is

there a grey one among them?' The man replied, 'Yes.'

1
Bukhari (1953) book of fasting, 24 - The chapter: Whoever dies and fasting is still

remaining from him; and Muslim (1 148) Book of Fasting, 27 - chapter: fasting for the

Dead.

105
 The Foundations of the Knowledge of Usul

The Prophet said, 'Where did it come from? He said,

'Maybe it is hereditary?' The Prophet said, 'May be your

1

new-born has this colour because it is hereditary.'

Thus all the examples that are contained in the Quran and
Sunnah are evidences of Analogy because they give due
consideration to things that are similar.
And from the statements of the Companions is what is

related about the leader of the believers 'Umar bin al-

2
Khattab in his letter to Abu Musa Al-Ash'ari with regards to
judgments; he said: 'As for understanding properly what
comes to you, from those issues that are not in the Quran
nor in the Sunnah, then make analogy of the affairs that are

with you and know the examples, then rely on what you
hold to be most beloved to Allah, and the most resembling
of the truth."
Ibn al-Qayyim said: 'This magnificent letter has been
received by the scholars with acceptance.'
Al-Muzani has mentioned that the scholars from the era

of the Companions to his day agreed that what resembles the

truth is the truth and likewise what resembles falsehood is

falsehood, and so they used the standards of analogy in fiqh

for all the rulings.

Narrated by Bukhari (5305) Book of divorce, 500) Book of the cursing person.
1

( 1

2
Narrated by al-Bayhaqi (10/115) Book of the etiquettes of a judge, chapter: What the
judge is required to judge by. Daraqutni (4/206-207) Book of judgements and rulings,

the letter from 'Umar to Abo Musi Al-Ash'ari. See the words of Ibn Al-Qayyim in
Ighatha ul-Lahfen (1/86).

106
 the foundations of the knowledge of Usul

Conditions of Analogy
From the conditions of Analogy are:
1. That it does not conflict with evidence that is

stronger than itself, so there is to be no consideration for

analogy that conflicts with a text or consensus or the
statements of the Companions; so we say: The
statements of the Companions are an evidence, and
Analogy that is in conflict with what has been
mentioned is regarded as a corrupt analogy.
An example of that is if it was said: It is correct for a
woman to marry by herself without a guardian,
making analogy with the fact that it is okay for a woman
to sell something with her own money by herself
without the need of a guardian. This analogy is corrupt
because it conflicts directly with a text: the saying of the
Prophet $t: 'There is no marriage without a wali
1
(guardian)/
2. That the ruling be based on a 'Asl (primary issue)
that has been established by a text or consensus, for if it

has been established by analogy, then analogy of it is not

correct, rather analogy is made only of the first primary
established issues, going back to that is more worthy,

1
Narrated by Tirmidhi (1101) Book of Marriage, 14 - Chapter: What hascome
concerning No marriage without a guardian; and Abu Dawood (2085) Book of
Marriage chapter: The guardian' and Ibn Majah (1880) Book of Marriage, 15 - The
chapter: There is no marriage without and Ahmad (1 / 250). Al-Hakim
a guardian;

(2/185) Book of Marriage. Authenticated by him and Ibn Hibban (1243 - Al-
Mawarid) Book of Marriage, 6 - Chapter: what has come concerning the guardian and
the witnesses.

107
 The foundations of the Knowledge of usOl

and as analogy of a secondary issue that has been made

into a primary issue is incorrect, and as analogy of a
secondary issue and then on a primary issue is

elongating the process without any benefit.

For example, if one was to say usury occurs in corn
out of analogy with rice, and it also occurs in rice out of
analogy with corn, this type of analogy is not correct,
however it should be said: usury occurs in corn out of
analogy with rice, so as to make an analogy with an
established primary issue that is connected to a text.

3. The cause of a ruling of a primary issue must be

known, so that comparison of the subsidiary and
primary issues can be made, if however the primary issue

is specifically one of mere worship to Allah then the

analogy is not correct.
An example of that is if it was said: ostrich meat
breaks wudoo due to an analogy made with camel meat
because of a similarity between them, then in response
to this it is said: this analogy is incorrect because the

reason of this primary ruling is not known, rather it is

out of worship to Allah we do it, and this is what is well-

known.
4. That the mutual reason be of a suitable meaning
known in the rules of the legislation such as the
intoxication of alcohol.
So if the meaning is a direct description which has no
suitability in it then to draw parallels would not be
correct, such as the black or white colour of something.

10s
 THE FOUNDATIONS OF THE KNOWLEDGE OF USUL

An example of that would be the Hadith of Ibn

Abbas #> which mentions that Barirah was given the
choice when she was freed, and he said her husband was
a black slave, his mentioning of him being black is a
description which has no bearing on the ruling
whatsoever, therefore a woman once freed is given the

choice if her husband remains a slave to stay with him or

not even if he is white, but she is not given the choice if
1
her husband is free even if he is black.

5. That the common cause be present in the secondary

matter as it is in the primary matter such harm in as the

striking the parents making analogy with using the word

f
uff, so if the cause is not present in the secondary
matter then the analogy does not stand.
For example, if it is said that the cause in the

prohibition of usury is in the fact that it can be weighed,

then it is said that this usury also occurs with apples out

of analogy of wheat. As for this analogy then it is not

correct, the reason being that the cause is not present in
the secondary matter, as apples are not weighed.

Categories of analogy
Analogy is divided into clear and hidden:

1, Clear: What has had its cause proved through a text

or consensus, or is maqtu' (statement that stops at a

1
Bukhari (5282) The Book of divorce, 15 - Chapter: Choice of a slave girl under a
male slave.

109
 The Foundations of the knowledge of Usul

Companion) where the difference between the primary

and secondary source is negated.

An example of what has its cause proved with a text
is: the analogy of the prohibition of dry unclean blood

used for purification after relieving oneself, with that of

the prohibition of using dry dung, because the cause of
the ruling of the primary issue is established through a

text wherein Ibn Mas'ood 4$> came to the Prophet $£

with two stones and a piece of dry dung so that he may

use it to purify himself, he took the two stones and
threw the dry dung, and said 'this is filth/ i.e. impure.
1

And an example of what has been proven through

consensus is: the Prophet M forbade an angry judge
2
from passing judgment while being in an angry state.

So making analogy with someone who is suffering

from constipation from passing judgments by someone

who is angry is a clear analogy and a case of establishing
the cause of a primary text via consensus, namely the
confusion of thought and being preoccupied.
And an example of what is maqtu' and negating of
any difference between the primary and secondary
ruling is: making analogy between the prohibition of
squandering the wealth of the orphan on (one's own

Bukhari (156) Book of ablution, 21 - Chapter: Not to clean yourself with animal
dung.
2
Narrated by Bukhari (7185) book of rulings, 13 - The chapter: Does the judge pass a
judgement while he is angry; and Muslim (1717) Judgements, 7 - Chapter: Dislike of a
judgement passed by a judge while he is angry.

110
 The foundations of the knowledge of usul

clothes) with that of squandering it on food by clearly

negating the difference between them.

2. The hidden: what has the cause proven through
careful devising, but the difference between the primary
and secondary issues is not clearly negated.

An example is the analogy of Ashnan (a type of

plant) with wheat in the prohibition of usury in all

measurements, indeed finding cause in measuring has

not been established by a text or consensus, and the
difference between the primary or secondary issues has

not been negated clearly, so it is allowed to make the

distinction between them by saying wheat is eaten and

ashnan is not.

Analogy of similarities
There is a type of analogy called 'Qiyas ash-Shibh' (the

analogy of likeness), which is when a secondary matter is

between two different primary matters due it having

similarities with both, but it is aligned with the one which it

has most in common with, and example of that is: the slave,

is he owned like a property making analogy with a free

person or is he not owned like an animal?

If we look closely at these two primary issues: one of a
free person and the other of an animal we find that the slave

is wavering between the two, with respect to him being a

person of intellect rewarded and punished and free to marry
and divorce, he resembles a free person, and with respects to

being bought and sold and used as a security against a debt,

made to stand, given as a gift, inherited, not entrusted, used

in
 The foundations of the Knowledge of Usul

to guarantee value of something; disposed of, etc. then he

resembles an animal, we find that in terms of financial
dealings he has most resemblance to an animal.
This type of analogy is weak for the fact that there isn't a
suitable common cause between them other than he
resembles an animal in most rulings although it is disputed
by another primary ruling.

Analogy of opposites
From the types of analogy, is what is called 'Qiyas Al-'Aks'

(analogy of opposites): which is to affirm the opposite of a

ruling of a primary issue for the secondary issue, due to the
presence of the opposing cause in the primary ruling.
And the example of that is given of the saying of the
Prophet j£: '...and in (using) your private part (lawfully) is a
5
type of charity. They said: 'O Messenger of Allah! One of us
fulfils his desire and is then rewarded?' He said: 'Do you see
that if he does it way he would be punished
in a forbidden

for it? So if he does it in the right way he is rewarded.' So 1

the Prophet $| affirmed that for the secondary issue - which

is having intercourse in the permissible way, is the opposite
of the ruling of the original primary ruling which is to have
intercourse in the forbidden way, so this if due to the fact of
the presence of the opposing cause, by affirming for the
secondary issue reward because it permissible, as the case for
doing it using forbidden means it carries a penalty.

1
Narrated by Muslim (1006) book of Zakat, 16 - Chapter: statement that the name of
Sadaqah (charity) covers every kind of known good.

112
 CONTRADICTION (AT~TA'ARUD)

The definition
At-Ta'arud linguistically means: to oppose one another, to
prevent each other. And technically it means: when two
evidences oppose one another.
And the contradiction has four parts:

A) The contradiction is between two general evidences

which is of four cases
1. Where they can be combined so that each one can
take on a stare that does not contradict the other one so
in such a case we must combine them.
An example of that is the saying of the Most High to
His Prophet M:

'And indeed, [O Muhammad], you guide to a straight

path;' (42:52) and saying:

You [O Muhammad] do not guide whom you love/

(28:56)

113
 THE FOUNDATIONS OF THE KNOWLEDGE OF USUL

These two verses are reconciled by the fact that the first

verse means guidance, which signifies directing to the

right path, and this is affirmed for the Messenger M-

The second verse is intended to mean the ability, which
helps to act upon the guidance, and this is only in the

hands of Allah and not possessed by the Prophet j£ or

anyone else.

2. If you cannot reconcile them then the latter is

abrogating if the history is known about it so it is to be

acted upon instead of the earlier one.

For example, the saying of the Most High
concerning the fast:
C
/' & i
•> s f-*» * \ * * * f* ' i^f * f t '
' s

'And whoever volunteers excess - it is better for him.

5
But to fast is best for you, if you only knew. (2:184)
This verse offers the choice between feeding and fasting
with giving preference to fasting, and the saying of the
Most High:

c
So whoever new moon of] the month, let
sights [the

him fast it; and whoever is ill or on a journey - then an

equal number of other days/ (2:185) stating the specific
time the fast is to be performed for the sick person or
traveller for what they have missed. This verse is later so

it abrogates the first one as is indicated in the narration

114
 The foundations of the knowledge of usul

of Salamah Ibn al-Akwa in Bukhari and Muslim and

1
others.

3- If the history is not known then the most likely

opinion should be acted upon if there is one.
For example: The saying of the Prophet M 'Whoever
touches his private part then let him make ablution/ 2
And the Prophet was asked about a man who touches
his private part, does he have to make wudoo? He said:
3
'No, it is a part of you.' So the first is given precedence

Narrated by Bukhari (4507) book of Tafslr, 26 - chapter: (whosoever witnesses the

month from you then let him fast); and Muslim (1 145) Book of Fasting, 25 - Chapter:
statement abrogation of the verse: 'and those who are able to fast then there is a fidyah*
with the verse: 'whosoever witnesses the month from you then let him fast*.
2
Dawud (182); at-Tirmidhi (82); Ibn Majah (481); an-Nisai in As-
Narrated by Abu
Ahmad (6/406/27334); It was authenticated by Ibn Hibban (213 -
Sugrah (444); and
Al-Mawarid) book of Purification, 29 - Chapter: What has come concerning touching
the private part.

[Publishers note]

Al Bukhari said: 'It is the most authentic hadith concerning this issue' It is hadith
No.68 in Bulugh Al Maram.

Shaykh Uthaymin said: 'Whoever touches his private part then let him make wudu" so
(regarding) his saying: 'Whoever', this is general. Then let him make wudu' the (letter)

lam here is a command, and the basic principle with regard to the command (al amr) is

that it is compulsory (wajib)' (Sharh Usui Min Ilm Al Usui, pg 593).

3
Narrated by Abu Dawud (1 82), and Tirmidhi (85) and An-Nisai in Sugrah (165) and
Ibn Majah (483).

[Publishers note]
1

Ibn Al Madini said: 'It is better than the hadith of Busra (that 'Whoever touches his
private part then let him make wudu'). It is hadith No. 67 in Bulugh Al Maram of Ibn
Hajr.

115
 The Foundations of the Knowledge of usul

because it is the more cautious, more oft-narrated, more

authenticated, and it is quoted from the source, so it

contains an addition in knowledge.

4. If there is no preferred opinion of the two then both
should not be acted upon, and no sound example can be
found for this.

B) The contradiction occurs between two specific texts, then

this also has four cases

1. Both can be reconciled in which case it must be

done.
An example being the narration of Jabir 4& regarding
his description of the Hajj of the Prophet that he
prayed Zuhr on the Day of Sacrifice in Makkah and 1

the
narration of Ibn Umar 4* that the Prophet & prayed it

2
(Zuhr) in Mina , these two narrations are reconciled by
the fact that the Prophet prayed in Makkah, and
when he went out to Mina and prayed again with his
Companions.

The hadith was declared da'if (weak) by: Ash ShafTi, Abu Hatim, Abu Zur'ah, Ad
Daraqutni, Al Bayhaqi and Ibn Al Jawzi, refer to Tawdeeh Al Ahkam Min Bulugh Al
Maram of Shayldi Al Basim.
1
Narrated by Muslim (1218) in the long narration of Jabir, book of Hajj, 19 - Chapter:
Hajj of the Prophet ^.
2
Bukhari (1653) Book of Hajj, 83 - Chapter: Where to pray Zuhr on the day of
Tarweyah (rhe 8th day of Dhui-Hijjah); and Muslim (1309) Book of Hajj, 58 -

chapter: Desirability of making tawaf on the Day of Sacrifice (10th Dhui-Hijjah) from
the narration of Anas. It is alsonarrated by Muslim (1308) from the narration of Ibn
'Umar.

116
 The foundations of the knowledge of usul

2. If you cannot reconcile them, then the second

abrogates the first if the history of it is known.
An example of that is the saying of the Most High:

JJ{& o^Hij viUiIi ^jZj i& gjgfc % g&f IL iALj

^jT Sftf oj <^y t£i5 s*4*j oj 3yS si^ij cfirtf

ij^it JST s£l*ft

g££ -232* oj^s 5^ j^i^ftlJg^ Cj jl^Sjl

c
O Prophet, indeed We have made lawfiil to you your
wives to whom you have given their due compensation
and those your right hand possesses from what Allah has
returned to you [of captives] and the daughters of your
paternal uncles and the daughters of your paternal
aunts;' (33:50) and His saying:

i£& Stf oft l^iifi a 4j

'Not lawful to you, [O Muhammad], are [any
additional] women after [this], nor [is it] for you to
exchange them for [other] wives, even if their beauty
were to please you/ (33:52) So the second verse

abrogates the first based on one view.

3. If there isn't any abrogation, then the more preferred
of the two should be acted upon if there is one found.

117
 The Foundations of the Knowledge of Usul

Example: The narration of Maymunah, that the

Prophet M married her while he was not in the state of
Ihram 1
. And the narration of Ibn Abbas, that the
Prophet M married her while being in a state of Ihram 2 .

The most correct opinion is the first because Maymunah

is the person telling the scory so she is more aware of
what happened. Her narration is supported by the other
narration of Abu Rafi 4* that the Prophet $i married her
while he was not in the state of Ihram and he said: *I was
3
the messenger between them/
4. If there is no preferred opinion then both should not
be acted upon, and no sound example of this can be
found.

C) The contradiction is between a specific text and a general

text, so the specific will make the general also specific
An example of which is the saying of the Prophet $g: 'A
tenth of what the sky waters' and his saying: 'Anything less

than five awsaq (type of measurement) is not Zakat

(charity)/ So the first narration is made specific with the

1
Narrated by Muslim (l4l 1) narrated from Maymunah: Book of Marriage, 5 - chapter:

Dislike of marrying one in the stare of Ihram or proposing to him (1410) from the
narration of Ibn Abbas. Ibn Abd al-Barr said (3/1 52) in Tamhid: 'The narration of
Maymunah is mutawatir.*
2
Narrated by Bukhari (51 14) book of Nakih, 30 - chapter: Marriage of the one in the
state of Ihram; and Muslim (1410) Book of Marriage chapter 5 - chapter: Prohibition
of Marrying the one in the state of Ihram.
3
Narrated Ibn Hibban (1272 - Al-Mawarid) Book of Marriage / 14 - what has come
with regards to marrying while in the state of Ihram; Ahmed (6/392/27241); and
Tirmidhi (841) book of Hajj, 23 - Chapter: Dislike of marrying off someone in the
state of Ihram and he said Hasan. Al-Albani declared it weak.

118
 The foundations of the knowledge of Usul

second and zakat is not obligatory for anything not reaching

five awsaq.

D) That the discrepancy between two texts is that one of

them is more general in one way than the other, and more
specific in another way, and this has three cases:

L The evidence makes specific the generality of one of

them so it becomes specific. Example: The saying of the
Most High:

'And those who are taken in death among you and leave
wives behind - they, [the wives, shall] wait four months
and ten [days];' (2:234) and saying:

e
And for those who are pregnant, their term is until they

give birth/ (65:4)

The first verse is specific about its mention of widows

but general when it comes to pregnant women. The
second verse is specific about pregnant women but
general abour widows so the proof shows that the
generality of the first one is made specific by the second
one. Subiya Al-Aslamiah gave birth after her husband
died by a few nights, and the Prophet §| allowed her to

119
 the Foundations of the knowledge of Usul

1
get married , based on this the Idda (time period a

woman has to wait before she can marry again) for the
pregnant woman is when she gives birth whether she is a
widow or otherwise.

2. If the evidence does make specific the generality of

either one of the texts then the most preferred view is

acted upon.
For example, the saying of the Prophet H: 'If one of
you enters the mosque let him not sit down until he
prays two rak'ah;' and his saying: 'There is no prayer
2
after Fajr until the sun rises and no prayer after Asr
3
until the sun goes down.'
The first is specific regarding the two rak'ah that are
prayed before sitting down in a masjid, but general
about the time. The second is specific about the time
but general about the type of prayer, which includes the
tahiyatul masjid (two rak'ah that are prayed before
sitting down in a masjid) and other than that, but the
most preferred opinion is to make specific the generality

of the second with the first, so it is permissible to pray

tahiyahtul Masjid during the times that are prohibited

1
Bukhari (5318) Book of divorce, 39 - chapter: (and those pregnant women their time
(end of their 'idda period) is when they give birth); and Muslim (1485) Book of
divorce, 8 - Chapter: Expiration of the widow's waiting period when she gives birth.
2
Bukhari (444) Book of prayer, 60 - Chapter: If someone enters the masjid then let

him pray two rak'ahs; and Muslim (714) book of prayer of the travellers and shortening
it, 5 - Chapter: Permissibility of combining two prayers while travelling.
* Bukhari (586) Book of prayer rimes, chapter: 31 - Chapter: Not to pray before sunset;
and Muslim (827) book of prayer of the travellers and shortening it, 51 - Chapter:
Times in which the prayer is forbidden.

120
 the foundations of the knowledge of usul

for general prayers to be prayed therein. We prefer this

opinion because making specific the generality of the

second has been confirmed for other prayers besides the
tahiyahtul masjid such as making up the missed
obligatory prayers, or praying again in congregation, so

the generality has a weak position.

3. However it is not possible for there to be a
contradiction between texts of the same issue in a way
that the cannot be reconciled, or that one of them is

abrogating the other, or that one cannot be given

preference over the other because the text do not
contradict each other. The Messenger M has made
things perfectly clear and propagated (the message) so, it

may be that the Mujtahid fell short in his understanding

of the texts, and Allah knows best.

The order between the evidences

When the evidences mentioned previously (the Quran,
Sunnah, consensus and analogy) agree on a ruling, or one of
them does without contradicting the other sources of
evidences, then affirming it is compulsory. If there is a

contradiction and it is possible to reconcile them then that is

what must be done. If that is not the case then the

abrogating text should be acted upon if the conditions are
met. If all of that is not possible then one (text) must be
given preference.
From the Quran and Sunnah, the following should be
given preference:

121
 the Foundations of the knowledge of usOl

1. The apparent (text).

2. The apparent (text) over the one that is Mu'awwal

(interpreted)

3. That which is actually stated (or spoken) over what is

understood.
4. The affirming text over the negating one.
5. The one narrating the primary source and what has
been maintained, because he has more knowledge.
6. The preserved general (text) (where the generality has
not been made specific) over the general, which is not
mahfuz (preserved).

7- Whichever has more of the descriptions of being

accepted than the other one.
8. The person of the story (in question) over someone
else.

From consensus: the qati' (clear cut) is given precedence over

the Dhanni (not certain).
From analogy: the clear (text) over the hidden (text).

122
 The Mufti &the mustafti

The Mufti is the one who has knowledge of the legal rulings.
The Mustafti is a questioner that asks for a legal ruling.

The conditions of fatwa

The requirements for the permissibility of a fatwa, which, if

they are not met then the (correct) fatwa will not be
obtained:
1. The Mufti have certainty of knowledge of a
judgment, or overwhelming notion, otherwise he must
withhold from issuing any fatwa.
2. The question must fully be understood to be able to
judge him, because judging something is part of
conceptualising it.

So when you found difficulty with what the

questioner has asked, and if it needs further explaining,
more details should be sought, or that it is mentioned in

the answer itself. So is someone dies and leaves behind a

daughter, a brother and an uncle. Ask about the brother
was he from the mother or not? Or make the distinction
in the answer. So if he was from the mother then there is

nothing for him (in inheritance) and the remainder after

what belongs to the daughter is for the uncle, and if he

123
 the Foundations of the Knowledge of Usul

is from another mother, then the what's left after the

daughter takes what's hers, is for him.
3. He must be of a calm mind, giving him time to think
about the issue and implement the legal evidences, so he
should not issue fatwas while in the state of being angry
or preoccupied or even bored.

The following conditions have been stipulated for a fatwa to

be a necessary:
1. The incident in question has actually taken place; if it
hasn't then it is not obligatory for a fatwa to be issued.
However a question is asked for the purpose of seeking
knowledge then it is not permissible to hide it, rather it

must be answered whenever it is asked in any condition.

2. That it is not known from the condition of the
questioner that he intends by the questioning to annoy
or look for answers that allow him a free pass (to do
what he wants anyway) or that he is looking to cause the
opinions of the scholars to clash with each other or any
other evil intent. If that is the case then no fatwa needs
to be given to him.
3. That as a result of the fatwa more harm is caused, if
such is the case then it is imperative to withhold from
issuing a ruling so as to avoid the greater harm of the
two evils.

What the questioner is obliged to do

Two things are required from the questioner:

124
 The foundations of the Knowledge of usul

1 . That he seeks from his questioning the truth and to

act upon it, and not seeking a fatwa he wants or leaving

the mufti unable to answer and other such improper
intent.

2. That he asks only those who he knows or he firmly

holds to be from the people capable of giving a fatwa.

He should choose the mufti that has most knowledge
1
and piety it is even said that, that is obligatory.

1
[Publishers note) Shaykh Uthaymln said: 'And that is because the scholars are of 3
divisions: The scholar of the religion (millah), the scholar of the nation (Ammah) and
the scholar of the state (dawlah). So the scholar of the religion, is the one who follows

whatever the Islamic religion gives evidence for and shows, regardless of whether the
ruler or the opinion of the nation agrees with it or not.

And the scholar of the state is the one who looks to the desire of the state and that

which it wants. [The Shaykh gave the example of those who say that riba in investments

is permissible, rather obligatory (wajib) as it boosts the economy of a land. This inspite
of Allah saying: "O you who believe! Be afraid of Allah and give up what remains (due
to you) from Riba (usury) (from now onward), if you are (really) believers. And if you
do not do it, then take a notice of war from Allah and His Messenger but if you repent,
you shall have your capital sums. Deal not unjustly (by asking more than your capital
sums), and you shall not be dealt with unjustly (by receiving less than your capital
sums)". (2:279)'
And the scholar of the nation is the one who looks to what the nation is upon and
passes ruling with that which is in agreement with the desires' [The Shaykh gave an
example of them not wanting to say that it is not permissible for a man to wear his

garment below his ankles, and because all of the people do it he is light on them and
says: It is halal] (Sharh Usui Min 'Ilm Al Usui, pg 668-669, abbreviated).

125
 AL-IJTIHAD

The definition
Ijtihad linguistically means: exerting full effort in trying to

understand a difficult issue.

And technically: to make an effort to understand a legal

ruling. And the Mujtahid is the one who exert his utmost to

do so.

Conditions of Ijtihad:
Ijtihad has conditions, including the following:

1. That the Mujtahid knows the legal evidences he

needs in his effort to make ijtihad such as the verses
pertaining to rulings and their corresponding narrations.
2. To know the authenticity of the hadith and their
weaknesses such as knowing the chains of narration and
its narrators, etc.

3. To know the abrogating and the abrogated and the

instances of consensus so to avoid ruling with something

abrogated or oppose a consensus.

4. To know from the evidence what differs with a ruling
from takhsls or taqyid and so on so as to avoid ruling
something that opposes it.

126
 the foundations of the knowledge of usul

5. To know the language and principals of fiqh which is

connected to what words signify such as 'Am, Khas,

Mutlaq, Muqayyid, Mujmal, Mubayyin, etc. so he can
rule according to what those terms necessitate.

6. To have the ability to be able to derive rulings from

the evidences.

And Ijtihad can be categorised, so it can be in a particular

chapter from the chapters of knowledge or a certain

problem.

What is necessary for the Mujtahid

What is incumbent on the Mujtahid is that he exerts his
efforts in trying to find the truth, then he rules with what is

clear to him and if he gets it right then he has two rewards.

A reward for his effort and a reward for him getting it right,

because reaching the truth is a manifestation of it and acting

according to it. If he errs then he has just one reward and the
mistake is forgiven according to the saying of the Prophet ft:
l
When a judge gives a ruling and he tries his best (to find the
truth) then he gets it right he has two rewards, and if he
judges and gets it wrong then he has only one reward.' 1

If a ruling does not appear to him then he must hold

back and it is then permissible for him to blind follow

because of the necessity.

1
Narrated by Bukhari (7352) Book of Holding Steadfast, 2 1 - Chapter: Reward of the
ruler when he makes Ijtihad and errs or is correct; and Muslim (1716) book of
judgements, 6 - Chapter: Explanation of the reward of the ruler if he worked hard,
hitting (right) or wrong.

127
 Blind following (Taqlid)
« s»

The definition
Taqlid linguistically means: to put something around the
neck encompassing it like a qalladah (rope around the neck).
And technically it means to follow the saying of someone
whose statements are not an evidence.
What is excluded from our words 'whose statements are
1
not a evidence': is following the Prophet gg, and following
the people of consensus, and following the Companions, if
2
we were to say that their statements are an evidence , then
following any of that would not be called taqlid, because it is

1
[Publishers note] The Shaykh also said: 'The basis of taqlid is the acceptance of the
saying of the speaker without evidence and our acceptance of the sayings of the
Messenger of Allah is acceptance with evidence. So due co this it should be called
following or imitation (ittiba ) as the Most High says: 'Say: If you love Allah, then
follow me (attabi'ooni)' (3:31)' (Sharh Aqidah As Safariniyyah, pg 739)
2
[Publishers note] The Shaykh also said: 'Many of the people of knowledge are of the
view that the saying of a companion is a proof because the companion is closer to
hitting/reaching what is correct than others' (Sharh Usui Min Ilm Al Usui, pg 684)
Shaykh Muqbil said: The statement of a Sahabi, in truth, is not a proof; however,
the statements of the Sahaba aid a firm understanding of the book and the prophetic
example. The statements of the Tabi'un (second generation of Muslims) likewise aid a
firm understanding of the book and the prophetic example. The statements of the Tabf
ut-Tabi'in (third generation of Muslims) likewise aid a firm understanding of the book
and the prophetic example. The statements of the jurists from their books are also
beneficial. As for (religiously binding) proof, then there is no proof other than the book
of God and the example of His Messenger.'

128
 The foundations of the knowledge of usul

following the evidence, however sometimes it is refer to as

taqlid figuratively and for more inclusiveness.

Situations of taqlid

Taqlid can occur in two situations:

1 . That the blind follower be a common person who is

not able to know the ruling for himself so for him it is

compulsory to blind follow due to the statement of the

Most High:

' Ask the people of the Reminder if you do not know,'

(16:43).
He follows the best one he can find in terms of
knowledge and piety, and if they are similar then he can
simply choose.
2. The Mujtahid is confronted with an incident that
requires immediate response, and he is not able to look
into the issue, then he may blindly follow someone in
that instance. Some have laid down a condition for the
permissibility of blind following that it should not be in
the principals of the religion which are to be believed in,

because in beliefs we must have resolve, and blind

following does not give that certainty only conjecture.
The most correct opinion however is that this is not
a condition due to the generality of the saying of the
Most High:

129
 .

The foundations of the Knowledge of Usul

5
'Ask the people of the Reminder if you do not know.

(16:43)
The verse is in context of affirming the message and that
is from the principals of the religion and that the
commoner is unable to know the truth with its proofs

by himself so if he has an unable then there is nothing

left but blind following due to the saying of the Most
High:

1
'Fear Allah as much as you are able (64: 1 6)

Types of taqlid
Blind following is of two types: general and specific:

1. The general: To commit to a certain school of

thought taking the allowances and decisions in all

matter of his religion.

The scholars have differed in this regard, so some say
he must do so due to his inability of Ijtihad in it, some
of them said that it is obligatory for him due to the lack

of Ijtihad amongst the later generations

1

, and some of

1
[Publishers note] 'So some of the scholars say it is compulsory for people to blindly

follow in a general sense. So the person takes a madhab from the madhahib and adheres
to it because ijtihad in the later times is lacking. And this is, without doubt a saying that
is from the falsest of falsehoods'... til his words: "The Quran and Sunnah is guidance
and a clarification for mankind since the sending of the Messenger and the revelation of
this guidance is until the last hour. The Messenger jgj said: *I have left that after which
you will not go astray if you cling to it, the Book of Allah.' (Muslim, No. 1218) (Sharh

Usui Min Ilm Al Usui, pg 689)

130
 the foundations of the Knowledge of Usul

the scholars say that it is forbidden because it is

following someone other than the Prophet without

any restrictions.

Shaykh al-Islam Ibn Taymiyyah said: 'The statement

that it is obligatory to obey someone other than the
Prophet % in all the commands and prohibitions, is

against the consensus, and its permissibility is what it is.'

And he said: 'Whoever adheres to a particular school

of thought then he opposes it not out of blind following
another scholar that has given him a fatwa, nor using an
evidence that necessitates that or without a legal excuse
which he requires a solution for what he has done then
he is a follower of his desires, a doer of something
forbidden without a legal excuse this is evil; as for

something becoming clear to him which gives preference

to one saying over another either by detailed evidences if

he knows them and understands them, or he sees one of

the two men more knowledgeable than the other and
more pious in what he says so he can return from one
saying to another, the like of this is permissible rather

obligatory and Imam Ahmad has written about this.'

1

2. Specific to take the words given in a particular case;

it is permissible if he is unable to find out the truth

through making his own Ijtihad, whether that is a real
inability, or he had the ability but it would involve great
hardship.

1
[Publishers note] This saying of lbn Taymiyah is in: 'Al-Fatawa AJ-Kubra': 4/625.

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 the foundations of the knowledge of usul

Blind following of fatwas

Allah says:

'Ask the people of the Remembrance if you do not know/

(16:43)

And the people of the Reminder are the scholars, and the
blind followers are not from the people of knowledge who
are followed, rather they are follower of others.

Abu 'Umar bin Abdul-Barr and others said: 'the people

are unanimously agreed that the blind follower is not of the
scholars, and that knowledge is to know the truth with its

evidences.' Ibn al-Qayyim said: This is as Abu 'Umar said;

the people do not disagree that knowledge is obtained from

the evidence, as for without the evidence then that is blind
1
following' then Ibn ul Qayyim mentioned the permissibility

1
[Publishers note] Point of benefit Imam Ash Shawkani said: 'I say that which is

obligatory on the one who is lacking in the sciences is to ask someone whom he trusts

in his religion and in his knowledge of the texts of the Book and the Sunnah concerning
the affairs he must know about such as his worship, his dealings and all other issues
which may come up.
'He should say to the one he asks, "Inform me of the of the most authentic
evidences you know of concerning that so that I may act on it" and this is not taqlid in
the least bit, for he did not ask him about his opinion, rather he asked him about his
narrations. However, since he docs not understand the words of the Book and the
Sunnah, it is obligatory upon him to ask one who docs understand them, so in that way
he is acting upon the Book and Sunnah by means of the one he asked.
The one who acquires knowledge of the sciences we mentioned is able to act upon
them without needing an intermediary to help him understand Such a person is called

a mujtahid, whereas the layman who relies upon asking is neither a muqallid nor a
mujtahid, rather he is acting upon the evidence by means of the mujtahid who assists

him in understanding its meanings. Most of the salaf from the companions, their

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 THE FOUNDATIONS OF THE KNOWLEDGE OF USOL

of the fatwa through blind following according to three

sayings:
£
1- It is not permissible to give a fatwa with blind
following because it is not knowledge and the fatwa
without knowledge is forbidden and this is the saying of
most of the Companions 1
and the majority of the
Shafl'iyah.

followers and rheir followers who were the best of generations were from this level of
people, and there is no doubr that the scholars were extremely few in comparison to the
non-scholars. Whoever says there is no intermediary stage between the muqallid and the
mujtahid, we say to him, "Most of the pious predecessors were that way: neither
muqallids nor mujtahids".
As for their not being muqallids, it is because it has never been related from any of
the companions that he performed taqlid of one of the famous scholats of the
companions in particular, rather all of the non-scholars amongst them would seek out
their scholars to narrate them the textual evidences and act upon that. The same is true
of those after them from the tabi'in and their followers.
Whoever says that all of the companions were mujtahid scholars and all of the
tabi'in were mujtahid scholars, then he has fabricated a great lie, which no
knowledgeable person could accept. So these madhabs and these different
manifestations of taqlid which take the form of following someone else's opinion
without any evidence did not come into being until after the best generations died out.
The best of affairs arc those, which have already preceded on guidance. And the
worst of affairs are the newly introduced innovations.
If that which was broad enough for the non-scholar in the ages of the salaf is not
broad enough for him in the ages of the khalaf, then may Allah not broaden things for
him' (Al Badr at-Tali (2/89-90). See 'The biography of Imam Shawkaru', Darussalam.
1

[Publishers note] Shaykh Uthaymln said: Meaning the companions (Ashab) of the
Hanbalis, because Ibn Al Qayyim was from the Hanbalis. So when it is said: 'Al

Ashab' then it is whoever follows a specific madhab, thus the meaning of ashab is: the
scholars of that madhab. (Sharh Usui Min 'Ilm Al Usui, pg 698)

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 the Foundations of the knowledge of usul

2. It is permissible with regard to himself, but not

permissible for him to blindly follow what others have
1

given a fatwa for (themselves)

3. It is permissible when needed, and in the absence of a
scholar who is a Mujathid, and that is the most correct
2
of these sayings and it should be acted upon.'

And with this we complete what we intended to write in this

concise reminder, we ask Allah to inspire us towards

righteousness in speech and action and to crown our actions

with success.

Indeed He is the Most Generous, and blessings and peace be

upon our Prophet Muhammad and his family.

1
[Publishers note] The Shaykh said: Meaning, it is permissible for the blind follower to

act according to the opinion of the one he blindly follows concerning himself.
However, he is not to give a verdict with it ro other than him, and this is not correct
because that which is permissible for your self is permissible for other than you, and
likewise the opposite with regard to the opposite (unlawful with unlawful).

However we say, indeed the blind follower if he follows a blind follower, he is not
following the farwa himself, rather his blind following is due to the individual. So he is

not considered a mufti or one who is a follower of knowledge, and he himself is

regarded as only a blind follower.' (Sharh Usui Min 11m Al Usui, pg 698)
2
[Publishers note] 'So it is permissible that we seek the verdict of a blind follower when
we cannot find other than him. This is because the verdict of a blind follower is better

than ignorance, without doubt. And that he narrates the saying of a mujtahid imam
and relies on it is better than ignorance, and this is the most correct of the sayings. And
Allah, the most High knows best' (Sharh Usui Min Ilm Al Usui, pg 699)

134
 References

1 . Al-Muhit: AJ-Ferozabadi.
2. Kawkab Al-Munir fi Sharh Mukhtasar At-Tahreer: Al-
Fattouhi.

3. Minhaj Al-Usul and its explanation: Al-Baidhawi, but

explainer unknown.
4. Explanation of Jamm' Al-Majame' wa Hashiatihi:
explanation by Al-Mahali, with notes from Bannani.

5- Rawdhatul Nadhir and its by Al-

explaination: originally
Muwafaq, and the explanation by Abdul-Qadir Bin
Badran.
6. Husul al-Ma'mul min 'Ilm ul Usui: Muhammad Siddiq.

7. Al-Madkhal ila Madhab Ahmad Ibn Hanbal: Abdul

Qadir Bin Badran.
8. Irshad Al-Fuhul ila Tahqls al-Haq min 'Ilm Usui: ash-
Shawkani.
9. Fatawa al-Sheikh al-Islam Ibn Taymiyyah: Collection of
Abdul Rahman bin Qasim.
10. AI-Miswadah fi Usui alfiqh: Sheikh al-Islam
IbnTaymiyyah and his father and grandfather.
1 1. Zad ul-Ma'ad: Ibn al-Qayyim.
12. riamul Muwaqi'ln: Ibn al-Qayyim.

135
 Review Questions

Jurisprudence
L Define Jurisprudence (Usulul Fiqh) as rwo individual
words, and explain the meaning of Fiqh linguistically and
technically paying close attention to the definition.

2. Define Jurisprudence (Usulul Fiqh) as being a title for

this particular art form, and explain the definition.

3. What is the benefit of the principles of jurisprudence, and

who was the first person to bring it together as an independent
science.

Rulings
4. Define linguistically Ahkam (rulings) and technically
explaining the intricacies of the definition. What Ahkam At-
are

Taklefiyah? - Define both of them noting the definition. - What

are theAhkam Alwadhiyah? - Define both of them with

examples. - What is the ruling of a fasid act in worship, contracts

and conditions, what is the evidence? - What are the

circumstances where fasid and sahih are different?

Knowledge
5. What is knowledge and give an example? Mention the
definition. - Mention the difference between simple ignorance
and compounded ignorance and give a clear example showing it. -

What is Dhan? And what is the difference between it and shakk

136
 the foundations of the knowledge of usul

and wahm? - Indicate the categories of knowledge representing

each category with an example.

Speech
6. Define speech linguistically and technically, and explain
the least required to compose it. What is the word, and how is it

divided? - What kinds of nouns are they, and mention the types
with examples. - Define verbs and mention divisions with
examples. - Mention what you know of the meaning of the
following characters with examples: waw, Fa, lam of jarrah.

Parts of speech

7. Define al-Khabar and Al-Insha. - Mention the types of

khabar with regard to the Mukhbar bihi, speech may be khabar or
insha depending on two considerations and can be khabar with
the meaning of insha and vice versa, give examples for all, and
explain.

Truth and metaphor

8. Mention parts of speech as with regards it usage defining
each type explaining the definition. - How many types is the
truth divided into? - What is the benefit of knowing those types? -

What is the condition of using a word with its figurative

meaning?
9. What is the difference between metonym and the
psychological metaphor? Give examples for both making it clear

their differences. - Why have I mentioned Truth and Metaphor

in jurisprudence?

Command (al-Amr)

137
 The Foundations of the knowledge of Usul

10. Define command and explain the definition carefully. -

What formats of command is there give examples, does the

request for an action benefit from it? - What does the wording of
the command require when it is left open-ended? Mention the
evidence indicating the significance of the evidence.
11. Does it exclude anything? Explain what you say with
proof.

When the implementing of a command is prevented due to

something what is the ruling of that thing and give an example.

Prohibition (nahy)
12. Define Prohibition and explain precisely the definition,
and can prohibition be understood with other than its own
wording? And with what? And what necessitates it?

13. Mention the rule of the school of thought (hanbali)

concerning that which is prohibited and does the prohibition ever

mean anything other than a prohibition? Give examples. Who
does commands and prohibitions apply to and who does it not?
14. Who is the Mukallaf? Can the non-Muslim be a mukallaf,
and if he does a good action is it valid? What is the evidence? -
Does he have to make up what he missed while being a non-
Muslim? What is the evidence?

Mawani at-takallf
15. What are the constraints of being burdened with the
obligations of the legislation? What is the evidence? Does
constraints of being burdened with the obligations of the
legislation also apply to the rights of the creation?

General (Al-Am)

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 THE FOUNDATIONS OF THE KNOWLEDGE OF USUL

16. Define linguistically and technically the term 'Al-Am'.

And explain precisely the definition, and what are the formats of
Al-Am? Give examples for it. Docs the 'aT necessitate generality

or does it need explaining? Explain with examples.

What is the ruling on acting upon the general texts and if the text

has come for a special reason does it remain specific or can the
general meaning afforded by the wording be taken? Explain your
answer.

Specific (Khas)
17. Define linguistically and technically the term -'Khas',

give examples for it. What does it mean to make something

specific and what are the types of evidences for it?

What is the exception? Mention what you know of the conditions

also the difference of opinion and the best opinion with evidence.
- What is meant by 'Shart in which this 'takhsis' takes place?
What is the description of 'Al-Mukhasisah'? Give examples.
18. What are the 'al-mukasisat al-munfasilah' and what is the
argument of those that do not agree with takhsis of al-hass
(touch) and aql (reason)? Does the Sunnah make the Quran
specific in places and vice versa? Give examples. Give two
examples, one of the Qur'an being made specific by consensus
and the other of the Sunnah being made specific my analogy.

Al-Mutlaq and Al-Muqayad

19. What is the meaning of 'absolute? Define Al-Mudaq. If
we have two texts one of absolute and the other Muqayad which
one do we act on?
Give examples for what you say.

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 The Foundations of the knowledge of Usul

Al-Mujmal and the al-Mubayyin

20. Define linguistically and technically with examples Al-
mujmal. What is mubayyin and how do we understand it? Give
-

examples. The Apparent and the interpreted

21. What is 'dhahir linguistically and technically and its
nuances? - What is the ruling of acting upon what is apparent? -
What is the interpreted? - How many types of 'MuawwaT are
they? Give examples.

Abrogation
22. Define linguistically and technically and explain the
precise meanings of the definition, and prevent abrogation from
being the case? Give reasons to what you say. What are the
conditions of abrogation?
23. Mention the types of abrogation with regards to the
abrogated text and with regards to the abrogating lext mentioning
examples for each type. What is the wisdom of abrogation? - And
what is the evidence it is permissible intellectually and its

occurrence in the legislation?

Al-Akhbar
24. Define news linguistically and technically. - Indicate the
types of the actions of the Prophet, peace be upon him indicating
the ruling of each type with examples, what is the ruling of his
tacit approval? - And if something occurred during his time that
he was aware of, what is the ruling of that and what is the
evidence?

25. Mention the types of news with regards to who it is

connected to and with regards its different paths. Who is a

companion and can his saying be used as an evidence? - Is the

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 The foundations of the knowledge of Usul

Khabar Ahad (news received through a single narrator in each

part of the chain of the narration) considered as an evidence?

-

"What is meant by: to carry hadlth and what are the different

wording for discharging it and what is 'Ijazah'?

Consensus (Ijma)
26. Define consensus linguistically and technically and
mention the precise meanings within the definition. - Is the

consensus a proof? - What is the evidence? What are

- the types of

consensus? - What is the consensus that the one who is opposing

it falls into disbelief? - What is the correct view of the possibility

of the consensus of Dhanni? - Mention what you know of the

conditions of consensus does it stipulate that time be extinct and
what is the evidence?

Analogy
27. Define analogy linguistically and technically with an
explanation of the definition. - What are the pillars of analogy? -

Is analogy a legitimate (type of) evidence and what is the evidence

for that?

28. What are the conditions of analogy? Give examples of

every type of analogy that is corrupt due to the absence of a
condition (that needs to be met).
-
Mention the types of analogy giving examples of each type.

Define both analogy of similarity and analogy of opposites and

give examples for both.

Contradiction
29. What is contradiction and what are its types and how
many cases are they in every type? Give examples.

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 THE FOUNDATIONS OF THE KNOWLEDGE OF USUL

The order (of priority) amongst the evidences

30. When the evidences (seemingly) contradict one another
what is the ruling? - And what should be given priority from the
texts of the Quran and Sunxiah and consensus and analogy
(Qiyas)?

Mufti and the Questioner

31- Who is the Mufti? Who is the mustafti (one seeking
fatwa)? What are the conditions of the permissibility of Fatwa
and the conditions for it to be obligatory? Mention what you
know of it. - Who needs to stick to being a questioner (mustafty)
and what should he do?

Ijtihad

32. Define linguistically and technically meaning of

the
'Mujtahid', and who is a 'Mujtahid'? - And mention what you
know of the conditions of ijtihad. Can it be divided? - What is

the ruling of the error of the Mujtahid?

Taqlid (blind following)

33. Define taqlid linguistically and technically, and when
should taqlid take place? Does the permissibility of taqlid depend
on the issue being from the non-essential issues and why? What is

the most preferred view, and what evidence is there for it being
the preferred view?

34. Mention the types of taqlid and the ruling of every type,
and is the muqallid a scholar and what is the ruling of his fatwa?

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FOUNDATIONS OF THE
KNOWLEDGE OF USUL

The Prophet |g said: "IfAllah intends goodfor

anybody then He gives him understanding
(fiqh) in the deen."

It is not possible for the one with understand-

ing (faqlh) to be without usul al-fiqh or for the
usuli (the one who knows usul al-fiqh) to do
without fiqh if he wants to have understanding
(of the deen). (Shaykh Al-Uthaymin, Kitab
Al-Tlm)

This book is the first of the Usui Series, which

consists of various books on the Principles
(Usui) of the religion.