Simplified Usool e Fiqh Deobandi

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Aasaan Usool-e-Fiqh

Simplified Principles

of FiqhBy: Moulana Muhammad Mahyudeen

PREFACE

All praise is due only to Allaah. We laud Him and beseech His aid and

beg forgiveness only from Him and believe in Him and rely solely onHim. We seek salvation in Him from the evils of our inner selves and the

vices of our actions. There is none to misguide one whom Allaah intends

to guide. I bear witness that there is no one worthy of worship but Allaah,

the One who has no partner. I also testify that Hadhrat Muhammad

(Sallahu Alahyi Wassalam) is the faithful servant and the Last Rasul of

Allaah. May Allaah Taalas mercy be on him, his family and his

Sahabaah (Radia Allahu Anhum Ajmaeen) and may He bless them andraise their status.

The Lofty Quraan is the Divinely protected revelation of Allaah whilst

the Sunnat are the protected revelation to Rasulullaah . Both these are

the primary sources of derivation in Shariat, followed by Ijma and Qiyas

as secondary sources. These four sources enables a Muslim to be

amongst the Ahle Sunnat Wal Jamaat. Obviously the Sunnan comprises

of the Ahadeeth and the way of life of the Beloved Nabi . It alsoincludes the Sunnat of the Sahaba and the validated activities of the

Tabeeen and Tabe- Tabeeen who had the qualities of Ihsaan.

However, it is well known that letters make up words, words are used to

construct sentences. The science of principles of Fiqh (jurisprudence)

entails details to the minutest specification the classification of letters,

words and sentences.

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The work in your hands is not for cursory reading but study, teaching and

learning. It will Insha Allaah become a standard text book for those who

desire to understand Deen.

We make Duaa that Allaah rewards all those who made possible the

release of this important work on Islaam.

A. H. Elias (Mufti)

1426 / 2006


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Now you should try to understand Qiyaas with an example which has

already passed previously, where Nabi (sallallahu alayhi wasallam) said,

Wheat (can be traded) for wheat barley for barley dates for dates salt


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Wheat (can be traded) for wheat, barley for barley, dates for dates, salt

for salt, gold for gold and silver for silver in equal quantities, hand to

hand (cash). Any excess will be riba. If any of these are exchanged even

for equal quantities but on credit, then too it will be regarded as riba,

because one of the two persons will be benefiting. We have reflected on

this issue as to how an excess will be riba, why equality is necessary and

why credit is not permissible. We realise that Nabi (sallallahu alayhi

wasallam) had placed two of the same type of goods together and that

they are weighable items. We deduce that the illat of the ruling is same type of commodities and that they are weighable. Now,

whenever there is an exchange (of goods) and this illat is present, then

this ruling will be applied. This is the reality of Qiyaas. And AllaahTa'ala knows best.

PART THREE

ISTIHSAAN

One superior type ofQiyaas is Istihsaan. In a ruling ofnass there is an

apparent and discernable illat. This in turn, necessitates one ruling.

However, after deeper investigation and reflection, we unearth a hidden

illat, and this hidden illat is even more stronger than the apparent illat.

Now, to give the ruling in conformity with this hidden illat is what iscalled istihsaan. This has many different types, whose discussion youwill encounter in another juncture, Insha-Allaah.

1426/ 2006

Translation Edited by

Mufti Afzal Hoosen Elias

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