My notes on Fiqh 3

Shariah rulings are divided into 3 types:
1. Dururi-The necessity
Everything that threatens the existence of the 5 Universals
2. Haji-The need (but one would live with or without it)
Without the haji the individual lives in hardship
3. Tahsini-The ornaments
These are the things that make life enjoyable

3 levels of Ijtihad
1. Ijtihad al Mutlaq-absolute Ijtihad (using your own methodology)
2. Ijtihad takhriji-Derivatives Ijtihad (using anothers methodology)
3. Intiqai-Shifting ijtihad (choosing the best applicapble ruling of the past for a given situation or general applicability)

The shariah comes to protect these 5 Universals:
1. Preservation of Religion
2. Preservation of Life
3. Preservation of Intellectual
4. Preservation of Property
5. Preservation of Lineage

A faqih must take into consideration when giving fatwa:
1. time-for different circumstances
2. place-the culture, 'urf wa'ada

Usul al-fiqh (usul=foundation, fiqh=understanding)
the technical meaning of usul al-fiqh:
1. A methodology to drive rulings (furu') from the roots (usul) about the branches (furu')
2. Usul al-fiqh is also about how we drive rulings from the sources (Quran and Sunnah) when there is a text (verses or hadith) and when there is not becouse a ruling still needs to be driven

History of the stages of usul al-fiqh:
1. First stage: Duru Sama'- the experience (hearing) of the revelation of Quran and hadith- lasting for 100 years
2. Second stage: Duru Jama'-the period of gathering (of what was heard in period 1) in written or oral form-khalifa Abdul-aziz order, this period ended 102 years after hijrah
3. Third stage: Duru fiqh- the period of fiqh, for example Imam Shafii risalah

Rules are divided in 4 ways:
1. The qawl-the words of the prophet saw (Quran or Hadith)

2. The fe'el-the actions of the prophet saw

3. the taqrirab-the things he (saw) confirmed either by being silent or condoned it

4. The maqasid of sharia-Understanding the universals to use them as methods for driving rules, this can be done when you understand the purpose (maqsid) of the shariah.
i. Masaleh al-mursala (when there is benefit in the absence of a text),there are two types:1. Mu'tabara (essential to shariah) and 2. Mulqa (not essential therefore not to be considered)
ii. 'Urf wa'ada (e.g: different people use different words for divorcing their women)
iii. Istihsan (the role of the intellectual)
iv. Sadda daraya (cutting the pretext)
v. Qiyas(using an existing example from shariah and apply it to a new things example: ecstasy and khamr