The significance and importance of usul al-fiqh (principles of Islamic jurisprudence) in the process of fatwa

Wan Mohd Khairul Firdaus, Wan Khairuldin (2017) The significance and importance of usul al-fiqh (principles of Islamic jurisprudence) in the process of fatwa. Man In India, 97 (21). pp. 319-329. ISSN 0025-1569

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Abstract

The principle of Islamic jurisprudence or usulfiqh is the study and critical analysis of the origins, sources and principles upon which Islamic jurisprudence based on daliltafsili (specific proof). Fatwa, on the other hand is the legal opinion or interpretation that a qualified jurist (mufti) can give on issues pertaining to the Islamic law. Fatwa is undeniably important in solving any issues or crisis in a society. The main purpose of this article is to highlight the importance and how significant the principle of Islamic jurisprudence (usulfiqh) in the fatwas interpretation process. The article also purpose to the correlation of those two in determining the state of an issue. Further discussion in this paper work is divided into two. Firstly, it will focus on the elaboration on fatwas interpretation process. Secondly, it will focus on the analysis the importance of the principle of Islamic jurisprudence (usulfiqh) in the fatwas interpretation process. This paper work will be discussing four stages of fatwas interpretation process which are: altaswir, al-takyif, al-bayan al-hukm and al-ifta/isdar al-fatwa. The methodology used in this paper work is library research method. The article’s finding shows that the principle of jurisprudence (usulfiqh) is the pillar of the commandments determining process (al-hukm) which is the third stage of fatwas interpretation process.

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