The system map
Usul al-fiqh is the science of moving from evidence to a ruling. Choose a pole or a station to see what it does and where the book treats it.
The Fruit: the ruling
Its question What are we trying to reach?
Describes the ruling the jurist seeks: obligatory, recommended, permitted, disliked or forbidden, or a declaratory ruling such as cause, condition, impediment, validity; and who is addressed by it.
Its stations on the line: 1
Chapters
- The Legal Ruling
- The Obligating Ruling (al-Hukm al-Taklifi)
- The Declaratory Ruling (al-Hukm al-Wad'i)
- The Lawgiver, the Object of the Ruling and the Legal Subject
Key terms
The Source: the evidence
Its question Where is the ruling taken from, and what establishes it?
Lists the sources of rulings and weighs their authenticity: Quran, Sunna, consensus, analogy, then the disputed sources such as juristic preference, unregulated interests and presumption of continuity.
Its stations on the line: 2, 5
Chapters
- The Sources of Law
- The Qur'an and the Sunna
- Abrogation (Naskh)
- Consensus (Ijmāʿ)
- Analogy (Qiyās)
- Disputed Sources (1): Juristic Preference, Public Interest, Blocking the Means, and Custom
- Disputed Sources (2): Presumption of Continuity, Companion Opinion, Prior Revealed Law, and Medinan Practice
Key terms
The Methods: how texts signify
Its question How is the evidence understood, and how are conflicts resolved?
Explains how wording yields a ruling: command and prohibition, general and specific, absolute and qualified, explicit and implied meaning; then how conflicting evidence is reconciled or weighed.
Its stations on the line: 3, 4
Chapters
- The Signification of Words
- Conflict and Preference
- Linguistic Foundations
- Command and Prohibition
- The General and the Specific
- The Unrestricted and the Restricted, the Ambiguous and the Clarified, the Apparent and the Interpreted
- Modes of Textual Implication in the Two Methods
- Conflict of Evidence and Preference
Key terms
The Jurist: who may derive
Its question Who may derive rulings, and what of everyone else?
Sets the qualifications and ranks of the jurist, the position of the follower, the mufti and the questioner, and how each school's relied-upon view is identified.
Its stations on the line: 8
Chapters
- Independent Reasoning and Following
- Independent Juristic Reasoning (Ijtihad)
- Following, Fatwa and the School
Key terms
Objectives: the Lawgiver's aims
Its question What end does the ruling serve, and where does it lead?
A ring around all the poles: it governs reasoning by the objectives of the Law (necessities, needs, refinements) and works where texts are silent and in weighing consequences.
Its stations on the line: 6
Chapters
Key terms
Application: usul at work
Its question How did rulings grow from principles, and how is a ruling applied to a case?
The outer ring: deriving each school's rulings from its principles, verifying the ruling's basis in the specific case, and contemporary application.
Its stations on the line: 7
Chapters
- One Case from Start to Finish: Marriage without a Guardian
- Deriving Branches from Roots (Takhrij al-Furu' 'ala al-Usul)
- Usul al-Fiqh in Our Time
Key terms
Foundations: what the science is
Its question What is this science and what does it rest on?
Defines usul al-fiqh, its subject and sources, and lays down the tools of reasoning every pole relies on: definition, proof, certainty and probability.
Chapters
- The Plan and Method of the Book
- What Is Usul al-Fiqh? The Discipline in a Single Picture
- The Core Text of the System
- The Definition, Subject, Sources and Logical Preliminaries of Usul al-Fiqh
- The Rise of the Discipline, its Schools of Writing and its Theological Premises
- The Plan and Method of the Book (being written)
Key terms
Station 1: Identify the ruling sought
Its question What kind of ruling does this case need?
Pole: The Fruit. defining or declaratory
Chapters
- The Plan and Method of the Book
- What Is Usul al-Fiqh? The Discipline in a Single Picture
- The Legal Ruling
- One Case from Start to Finish: Marriage without a Guardian
- The Core Text of the System
- The Definition, Subject, Sources and Logical Preliminaries of Usul al-Fiqh
- The Rise of the Discipline, its Schools of Writing and its Theological Premises
- The Obligating Ruling (al-Hukm al-Taklifi)
- The Declaratory Ruling (al-Hukm al-Wad'i)
- The Lawgiver, the Object of the Ruling and the Legal Subject
- Deriving Branches from Roots (Takhrij al-Furu' 'ala al-Usul)
Key terms
Station 2: Gather the evidence and test it
Its question What evidence bears on the question, and is it established?
Pole: The Source. certain or probable in transmission
Chapters
- The Plan and Method of the Book
- What Is Usul al-Fiqh? The Discipline in a Single Picture
- The Sources of Law
- One Case from Start to Finish: Marriage without a Guardian
- The Core Text of the System
- The Qur'an and the Sunna
- Abrogation (Naskh)
- Consensus (Ijmāʿ)
- Disputed Sources (2): Presumption of Continuity, Companion Opinion, Prior Revealed Law, and Medinan Practice
- Deriving Branches from Roots (Takhrij al-Furu' 'ala al-Usul)
Key terms
Station 3: Extract the meaning and its strength
Its question What does the text signify, and how strongly?
Pole: The Methods. certain or probable in meaning
Chapters
- The Plan and Method of the Book
- What Is Usul al-Fiqh? The Discipline in a Single Picture
- The Signification of Words
- One Case from Start to Finish: Marriage without a Guardian
- The Core Text of the System
- Linguistic Foundations
- Command and Prohibition
- The General and the Specific
- The Unrestricted and the Restricted, the Ambiguous and the Clarified, the Apparent and the Interpreted
- Modes of Textual Implication in the Two Methods
- Deriving Branches from Roots (Takhrij al-Furu' 'ala al-Usul)
Key terms
Station 4: Check for opposing evidence
Its question Is there evidence that specifies, qualifies or abrogates it?
Pole: The Methods. specification, qualification, abrogation, preference
Chapters
- The Plan and Method of the Book
- What Is Usul al-Fiqh? The Discipline in a Single Picture
- The Sources of Law
- The Signification of Words
- Conflict and Preference
- One Case from Start to Finish: Marriage without a Guardian
- The Core Text of the System
- Abrogation (Naskh)
- The General and the Specific
- The Unrestricted and the Restricted, the Ambiguous and the Clarified, the Apparent and the Interpreted
- Modes of Textual Implication in the Two Methods
- Conflict of Evidence and Preference
Key terms
Station 5: Extend to what has no text
Its question Where the text is silent, by what route is the ruling extended?
Pole: The Source. analogy, interest, preference, custom
Chapters
- The Plan and Method of the Book
- What Is Usul al-Fiqh? The Discipline in a Single Picture
- The Sources of Law
- The Objectives of the Law
- One Case from Start to Finish: Marriage without a Guardian
- The Core Text of the System
- The Rise of the Discipline, its Schools of Writing and its Theological Premises
- Analogy (Qiyās)
- Disputed Sources (1): Juristic Preference, Public Interest, Blocking the Means, and Custom
- Disputed Sources (2): Presumption of Continuity, Companion Opinion, Prior Revealed Law, and Medinan Practice
- Deriving Branches from Roots (Takhrij al-Furu' 'ala al-Usul)
Key terms
Station 6: Weigh objectives and consequences
Its question Does the ruling serve the Law's aim, and where does it lead?
Pole: Objectives. benefit and harm
Chapters
- The Plan and Method of the Book
- What Is Usul al-Fiqh? The Discipline in a Single Picture
- The Objectives of the Law
- One Case from Start to Finish: Marriage without a Guardian
- The Core Text of the System
- Disputed Sources (1): Juristic Preference, Public Interest, Blocking the Means, and Custom
- The Higher Objectives of the Law
- Deriving Branches from Roots (Takhrij al-Furu' 'ala al-Usul)
- Usul al-Fiqh in Our Time
Key terms
Station 7: Verify the basis in the case
Its question Is the ruling's basis present in this particular case?
Pole: Application. applying to the particular
Chapters
- The Plan and Method of the Book
- What Is Usul al-Fiqh? The Discipline in a Single Picture
- The Objectives of the Law
- One Case from Start to Finish: Marriage without a Guardian
- The Core Text of the System
- Deriving Branches from Roots (Takhrij al-Furu' 'ala al-Usul)
- Usul al-Fiqh in Our Time
Key terms
Station 8: The ruling and its certainty
Its question What is the ruling, how certain is it, and who may state it?
Pole: The Jurist. and the standing of who states it
Chapters
- The Plan and Method of the Book
- What Is Usul al-Fiqh? The Discipline in a Single Picture
- The Legal Ruling
- Independent Reasoning and Following
- One Case from Start to Finish: Marriage without a Guardian
- The Core Text of the System
- The Definition, Subject, Sources and Logical Preliminaries of Usul al-Fiqh
- The Obligating Ruling (al-Hukm al-Taklifi)
- The Declaratory Ruling (al-Hukm al-Wad'i)
- The Lawgiver, the Object of the Ruling and the Legal Subject
- Independent Juristic Reasoning (Ijtihad)
- Following, Fatwa and the School
Key terms
About the book
A book and platform for learning usul al-fiqh according to the Hanafi, Maliki and Shafiʿi schools, with the Hanbalis where their view stands apart. Each topic answers: what it is, why it exists, where the schools differ and why, what follows from it, and how it is used.
The two layers
Overview (Taqrib)
Eight short chapters that draw the whole science as one structure, then a numbered core text for memorising and review.
Detail (Tafsil)
Twenty-two chapters that set out each topic with the schools' positions, their evidence and the practical consequences.