Usūl & General Fiqh
Instructor: Ahmad ‘Alī al-‘Adanī
Course Format: 12 downloadable sessions; 3 live sessions
Starts On: 4 March 2013
Length: 2 annual terms / 4-year course
Term: First term (12 weeks)
Course ID: LT&AL1-1/2013
Division: Legal Theory & Applied Law
Department: Usūl al-Fiqh
“An innovative and unprecedented guide to developing a true ability to think legally and work out juristic solutions”
In this incisive course, participants will attain both a methodical and a panoramic insight into the building blocks of the Law, its arch-principles, its diverse paths, and how to effectively use the primal material by actively intervening in the lives of individuals and communities in today’s world.
The Islamic West is in dire need of producing leaders in knowledge who know the inner workings of the Law and its application to modern conditions; who are enriched by the past so as to steer their Muslim co-nationals in a vibrant present toward a prosperous future.
This course kicks off with a full, chapter-by-chapter study of a creative work on usūl al-fiqh co-edited by the instructor’s late teacher Muhammad ash-Shādhilī an-Nayfar, Madkhal ilā Usūl al-Fiqh al-Mālikī.
It is strongly recommended to “complete” it by registering for the second term (which is of course priced separately) *, since the first two terms jointly produce the primal and filling dough which will subsequently help feed the students of our online school with several nutritional recipes.
The second term deals, in each of its 12 lessons, with one important source-topic of the Law: From arch-rules to methodological variations, from terminological tools to hierarchical evaluation of reference books.
A lesson-per-lesson program is detailed here under for both the first and the second terms of this subject.
* If, however, participants would like to register in advance for the first two terms at once, a special compound price would be proposed, given that, in a quintessential sense, they go hand-in-hand as the formative bedrock of this 4-year course.
a) First Term
• Is there a Mālikī way to usūl al-fiqh? It includes an overview of the two historically dominant approaches in this science
• Legal meaning: Language & logic; Linguistic implications; Deducing legal judgments in accordance with linguistic rules
• The different legal values (from obligatory to forbidden); The three agreed upon sources of the Law (the Book; the Sunnah; Consensus)
• Ijtihād and qiyās (illustrated by examples)
• Considerations of unrestricted public interest or masālih mursalah (illustrated by examples) and recourse to them in the various madhāhib. The validity of this source in our age and abuses of its concept
• Inferential sources: Blocking the means to evil; Presumption of continuity; The Law as established by earlier Revelations; Custom (illustrated by examples)
• Mālik’s usūl distilled from the Muwatta’ (as further elucidated in Ibn ‘Abdi’l-Barr’s At-Tamhīd and Judge Abū Bakr b. al-‘Arabī’s Al-Qabas) – Concrete textual examples
• Mālik’s usūl distilled from the Muwatta’ (as further elucidated in Ibn ‘Abdi’l-Barr’s At-Tamhīd and Judge Abū Bakr b. al-‘Arabī’s Al-Qabas) – Concrete textual examples - Continued
• Usūl distilled from the Mudawaanah and al-Qādī ‘Iyād’s At-Tanbīhāt – Concrete textual examples
• Usūl distilled from the Mudawwanah and al-Qādī ‘Iyād’s At-Tanbīhāt – Concrete textual examples - Continued
• The causes of disagreement among the schools of jurisprudence
• Glossary of usūlī terms, roster of principal Mālikī usūliyyīn, first-rate works in the science and their classification
b) Second Term **
** The full course card of this second term will naturally be presented when registration for it commences
• The different regional schools in the madhhab of Mālik, furnished with practical illustrations from masā’il, and our current position vis-à-vis such diversified legacy: Are we bound to stay within the perimeter of the late Egyptian school?
• The essential terminological tools of the Mālikiyyah, with a special emphasis on the mashhūr-rājih poles. Practical examples (past and present) of veering away from the mashhūr. The attitudes of contemporary Mālikī scholars, including those in the Islamic West, on the issue of adherence to the mashhūr, and the suggested way forward
• The sources of the Law among the Mālikiyyah, and the exploration of both similarities and differences with the other madhāhib in this connection
• Madinan ‘amal: Entrenching theoretical and practical understanding of essential aspects of its reality
• The mother-books of the Mālikī madhhab
• The legitimate scope of custom and regionally-based judicial precedents / practices in today’s Islamic West, and suggested steps
• Fundamental Mālikī literature on jurisprudence and hierarchical appraisal thereof
• Basic definition of qawā`id, kulliyyāt, dawābit, nazā’ir and furūq fiqhiyyah (all illustrated by examples), and the foremost Mālikī texts on each such discipline
• Survey of judgeship and judicial procedure and the prominent writings in the field by Mālikī authors
• The purposive approach inherited from Mālik via ash-Shātibī: Modern uses and abuses of the approach
• Taqlīd, ijtihād or a median approach?
• Comparative fiqh and Mālikī pioneers in the field
• The publication of Mālikī literature: Leading publishers and regional epicenters
Requirements & Prerequisites
The 3 live sessions are held after the 4th, 8th and 12th lessons respectively for each of the two terms.