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Posts published in “Usul al-Fiqh”

The Hadiths Cited by the Early Hanafi Fuqaha

By Mawlana Zameelur Rahman Some people have the misunderstanding that the early Hanafī scholars whose books are in wide use today, like Shams al-A’immah al-Sarakhsī (d. 490 H), Malik al-‘Ulamā’ al-Kāsānī (d. 587 H) and Burhān al-Dīn al-Marghīnānī (d. 593),…

A Call to Justice for the Science of Fiqh

By Dr. Salāh Abū ‘l-Hājj [1] Translated by Mawlana Muntasir Zaman [2] All praise belongs to Allah. We praise Him, seek assistance from Him and ask of Him forgiveness and guidance. We send blessings on His chosen and noble Messenger,…

Definitions of the Principles of Fiqh (Islamic Law)

By Shaykh Zahir Mahmood Fard and Wājib While the majority of jurists regard fard and wājib as synonymous, the Hanafis draw a clear distinction between the two. Ishāq ibn Ibrahim al-Shāshi, in defining the two, states, “Linguistically fard means to…

Islamic Law and its Jurists

By Shaykh Zahir Mahmood The quintessence of Islamic teaching is the Qur’an and Sunna, and the means of understanding these primary sources is accurately crystallized through the science of fiqh (Islamic jurisprudence). Fiqh is the eyesight whilst the Qur’an and Sunna…

The Principle of Blocking the Means

By Mawlana Zafar Ahmad ‘Uthmani Translated by Zameelur Rahman The ummah have agreed that when an abomination is attached to a permissible or desirable action and it becomes a means to disobedience or innovation, even though that is not the…

Issuing a Fatwa on the Ruling of Another Madhhab

By Mufti Muhammad Taqi Usmani Translated by Mawlana Zameelur Rahman The default rule for a mufti who is a muqallid is that he does not issue fatwa but on the madhhab of his Imam, according to the principles we discussed…