Usul al-fiqh

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Usul al-fiqh

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Ahkam
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Uṣūl al-fiqh (Arabic: أصول الفقه‎) is a term which literally translates to the roots of the law and refers to the study of the origins, sources, and practice of Islamic jurisprudence.

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In classical Islam, there are four major sources of jurisprudence: the Qur'an, the Sunnah, ijma', and qiyas.

Abu 'Abd Allah al-Shafi'i (767-819) systematized the usul, developing a cohesive, systematic procedure for legal reasoning. He raised the Sunnah to a place of prominence and restricted its legal use. According to al-Shafi'i, only practices directly passed down from Muhammad were valid, eliminating the legitimacy of practices of Muhammad's followers. Prior to al-Shafi'i, legal reasoning was based on personal reasoning and thus suffered inconsistency.

al-Shafi'i is probably best known for writing Al-Risala, a prime example of applying logic and order to Islamic jurisprudence.

Sunni work Fathul Bari Volume 13 p. 23, Kitab al Ahkam: "If anyone does or says something before Rasulullah(s), and Rasulullah(s) does not stop or rebuke the act/words then this serves a proof as to the permissibility of this act, since Rasulullah(s) was infallible. Others cannot rely on this, as they are not infallible. Imam Bukhari said, other than Rasulullah, the silence of someone cannot be advanced as proof"

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