An Analytical Reawakening of some Integral Organs of Usul Al-Fiqh

Abstract

Usul Fiqh discusses the sources of Islamic Law, the Ijma’ (consensus), Qiyas (analogical deduction), Istihsan (Juristic preference) and other methods of Ijtihad (reasoning and investigation). All the secondary sources are either directly or indirectly based on the primary sources of Islamic law, the Qur’an and the Sunnah. For instance, three main elements of Qiyas that is ASL (original case), Hukm (ruling on ASL) and the Illah (effective cause) are based on primary sources. Usul Fiqh also discusses other main issues involving Islamic law such as the effect of custom on law or custom as a source of law, and grades of the Islamic legal provision (i.e. what is Haram, what is Maqruh; what is farz, what is wazib and what is mandub (recommended) and also the methods of removal of conflict (i.e. Taa’rud). Therefore, the paper intends to discuss and elucidate some of the integral tools of Usul Al-Fiqh as being them among the basic gadget and instrument of Usul Al-Fiqh. The items which are going to discuss are as follows Ijma’ (consensus), Qiyas (analogical deduction), URF and Istishab (Custom). Looking at the nature and scope of the research analytical method is used when conducting the research.