Introduction To Qawaid Fiqhiyyah

What is the literal meaning of the term Qaidah?

• Base

• Understanding

• Foundation

• Method

What is the technical definition of the term Fiqhiyyah?

• Knowledge regarding the rules of Shariah derived from detailed evidence

• Universal principle applicable throughout its particulars

• General rules of fiqh presented in a simple format

• Sum total of Islamic laws revealed to the Prophet Muhammad

What is the technical definition of Qawaid Fiqhiyyah?

• Qawa’id fiqhiyyah or Legal maxims are general

  rules which can be applied in specific cases only

• General fiqh principles which are presented in a

  complex format consisting of the general rules of

  syariah in a particular field related to it

• Knowledge regarding the rules of the Shariah

  pertaining to the acts of mukallaf acquired

  from detailed evidences

• General fiqh principles which are presented in a

  simple format consisting of the general rules of

  Syariah which can be applied in various cases that come under common rulings

What is the technical definition of the term Usul Fiqh?

• Roots of Islamic laws

• Methods by which rules of fiqh are deduced

• Detailed rules of Islamic law

• Islamic legal maxims

What is the definition of Fiqh?

• Knowledge of detailed evidence regarding the rules of Shariah

• Methods by which rules of fiqh are deduced

• Knowledge of the practical rules of Shari’ah acquired from the evidence

  in the sources.

• Sum total of Islamic laws revealed to the Prophet Muhammad

What is the difference between Shariah and Fiqh?

• Shari'ah is the methodology of legal reasoning, while fiqh is the law itself

• Shari'ah is the body of revealed laws, while fiqh is the knowledge of sources of law

• Shari'ah is unchangeable and fixed, while fiqh changes according to circumstances

• Shari'ah covers specific situations, while fiqh covers all human actions

What is the difference between Fiqh and Usul Fiqh?

• Fiqh is the methodology of legal reasoning, while usul fiqh is the law itself

• Fiqh is the body of revealed laws, while usul fiqh is the knowledge of detailed rules

• Fiqh covers specific situations, while usul fiqh covers all human actions

• Fiqh is concerned with the detailed rules, while usul fiqh is concerned with the methodology

What are the characteristics of Islamic legal maxims?

• Theoretical abstractions, expressive of the goals and objectives of the shari'ah

• Short epithetical and aphoristic statements, derived from the detailed readings of the rules of fiqh

• Some of the wordings are taken from the qur’an or hadith directly and some have been refined

• General in nature so that it can be applicable to many different areas and situations

What are the differences between Qawaid Fiqhiyyah and Qawaid Usuliyyah?

• Qawaid Usuliyyah is concerned with legal authority of Shariah evidence and rules of interpretation, while Qawaid Fiqhiyyah is concerned with the actions of mukallaf

• Qawaid Usuliyyah is the internal part of Fiqh, whereas Qawaid Fiqhiyyah is the external part of Fiqh

• Qawaid Usuliyyah exist independently of Qawaid Fiqhiyyah, while Qawaid Fiqhiyyah can't exist without the fruit of Qawaid Usuliyyah which is Fiqh itself

• Qawaid Usuliyyah can be used by mujtahids and ordinary jurists, whereas Qawaid Fiqhiyyah can only be used by mujtahids

Choose the correct statement about the sources of Qawaid Fiqhiyyah:

• Sunnah: The Prophet used to talk with short and concise sentences full of

  knowledge and wisdom which is called Jawami' al-Kalim

• Quran: Revealed general principles, comprehensive rules and legal standards

  throughout its verses, that

  would be a guideline for the scholars to form detailed rulings for all issues

• Ijtihad: In order to establish a maxim, scholars use proper reasoning, Arabic language, logic, knowledge of Islamic rulings and detailed evidences

• Qiyas: Islamic scholars used Qiyas and searched for 'illah (underlying cause) in order for them to formulate a legal maxim