usul fiqh

1. Bachelor Of Islamic Banking and Finance

2. Cancelling or transferring.
Naskh lexically means to replace something by something else.
In religious terminology, it means the replacement of a religious decree
and order related to worshipping or a transaction by another decree and
order afterwards.
This deed is called naskh (abrogation), the new decree is called nasikh
(abrogator) and the verse whose validity has been annulled is called
mansukh (abrogated), which is no longer valid.

3. It is means of looking after the welfare of mankind by the
evolution of divine laws to a stage of completion consistent with the
development of human society.
It is used to test the believers with a variety of situations in which
they are required to closely follow certain specific laws, while in
others they are required not to follow them. This type of variation
tests the willingness of the believers to submit to Allaah's
commands as well as their faith in Allah's wisdom.

4. It also shows that Allah desires good and ease for the
Islaamic nation. Naskh which repeals a law with one more
difficult gives the believers an opportunity to earn a greater
reward; the divine principle being that the greater the
difficulty the greater the reward. On the other hand, naskh
which replaces a law with an easier one gives the believers a
break and reminds them of Allaah's wish of good for them.

5. The case of abrogation the rule has become applicable to all
without distinction and a later evidence comes and removes it for
certain people.
In other words, the rule had become applicable and an obligation
was created before it was removed.
In the case of Takhsis, the general rule is not establihed for a
class of people because the restricting evidence was read with the
general evidence it did not become operative at a later date

6. Explicit Implicit

7. Explicit abrogation takes place when the Lawgiver has
explicitly stated that a rule is abrogated.
Example, the Prophet said “Im used to forbid you from
visiting graves, but you ,ay do so now”.

8.  Implicit abrogation takes place when the Lawgiver has not
expressly pointed out the abrogation, but has laid down a new
rule that conflict with an earlier rule and there is no chance to
reconciling the two provisions.
 Example is the period of 'iddah for a woman after the death
of her husband

9. One text of the Quran can abrogate another text.
The Mutawatir sunnah can abrogate the rule in the Quran and vice versa as both
are definitive (qat'i) and the source of both is revelation.
A khabar wahid can abrogate another khabar wahid.
Ijma' cannot abrogate the texts and vice versa as it always takes place after the
death of the Prophet and abrogation occur before it.
Abrogation is not permitted through analogy and one analogy cannot abrogate
another analogy.

10. The explicit meaning (nass) is preferred over the menifest meaning
(zahir).
The elaborated meaning (mufassar) is preffered over the explicit meaning
(nass).
The rule established through a plain reading of the text ('ibarat al-nass)
is preffered over one proved through an indirect implication (isharat al-
nass)
The rule established through an indirect implication ('isharat al-nass is
preferred over one established through its implication (dalalat al-nass)

11. Before preferring one evidence over another, the jurists try his best to
reconcile the conflicting evidences when the two texts are of the same strength.
Example, in the case under implicit abrogation which is about woman whose
husband has dies, some jurists have maintained that there is no abrogation and
the texts can be reconciled.
It is because, they maintain that there are two periods mentioned for two
seperated cases.
The longer period of one year is to be followed in case the woman is pregnant
and she awaits delivery of the child.

12.  TAQLID ~ Following the opinion of the school of Islamic law in
matters f conduct. Thus, a Hanafi folws the opinion of the Hanafi
school, while Shafi’I follows the opinion of the shafi’I school.
 IJTIHAD ~ Means the person in need of an opinion does not follow
th opinion of any school, but derives the rule of conduct for himself
directly from the sources of Islamic law.
 MUJTAHID ~ Must follow a system of interpretation either an
established system of a school or one that he has devised for
himself.

13.  The word taqlid is derived from qaladah, which is an ornament
tied around the neck ( like a necklace) or it’s the strap that
holds the sheath of the sword and is usually swung around the
shoulders. The word qaladah is also used to mean the strap by
which piece of wood is hung from the neck of an animal it
prevents the animal from ruinning astray because it strikes it
on the knees when it tries to run.

14.  “ Acting upon the word of other without hujjah (proof or lawful
authority)”. There are two ways in which is definition has been
understood, and has led to some confusion about the meaning and
role of taqlid in the present times.
 The first meaning is assigned by modern writers. Abdur Rahim, for
example, understand it to mean the following of the opinion of
other knowledge or authority for such opinion. In other word, when
a person asks a jurist for an opinion, he should not asks him about
the basis for his opinion, whether it has been derived from the
Quran, the sunnah or ijma or some other source.

15.  Taqlid, as defined above, is null and void (batil) or prohibited
(haram) according to the earlier jurists, whereas ijtihad is
obligatory (wajib). This hukm is applicable to all. For mujtahid
it is a universal obligation, and it is accumbent upon him to
derive the rules directly from the texts of the Quran and the
sunna. For the layman it is communal obligation, that is,
someone in the community must undertake ijtihad.
 This mean that the following the opinion of another, without
the permission of the shariah, is unlawful, and is called taqlid.
The hukm of such taqlid is that it is null and avoid.

16.  The constitution of Pakistani permits taqlid in articles 189 &
201. These articles make the judgments of the High Courts
binding on courts subordinates to them. The doctrine of
precedent and stare decisis are nothing more than
institutionalised form of taqlid. When the lower courts follow
thw opinions of the higher courts they are undertaking taqlid.

17.  First Grades ~ Mujtahid Mutlaq or mujtahid fi al-ashar. The
mujtahid Mutlaq is usually the founder of the school, for an
example Abu Hanifah for the Hanafi school. He lays down the
principles for interpretation for the school.
 Second Grades ~ Mujtahid fi al-madhhab or the mujtahid
within the school. The mujtahid fi al-madhhab performs taqlid
fi al-usul, that is, he follows the principles laid down by the
founder of the school, and using these principle derives the
law himself.

18.  Third Grades ~ Mujtahid fi al-massa’il or the mujtahid for new
issues. The mujtahid fi al-masa’il determines answer to cases that
are not settled by the jurist of the first two categories. In the
Hanafi school, jurist like al-Khassaf, al-Tahawi, al-Kharkhi and al-
Sarakhsi are placed in this grades. These jurists cannot question the
cases that have been settled by the jurists of the first two grades.
 Fourth Grades ~ ashab al-takhrij or those jurist who clarify the law
of all the existing cases. The great jurist Abu Bakr al-Jassas is
placed in this category. The truth is that he was no less than any of
the jurists in the previous category, and the methodology used by
him was the same as that used by the mujtahid fi al-massa’il.

19.  Fifth Grades ~ ashab al-tarjih or those who preferred the stronger
opinions in the school so as to bring uniformity into the law. Jurists
like Abu al-Husayn al-Quduri, al-Kasani, al-Marghinani (The author
of al-Hidayah) are placed in this grade.
 Sixth Grades ~ The rest of the well known jurists in the Hanafi
school are placed in this grades. They are said to recognise the
stronger opinions preferred by the jurist of the previous grade.
Most well known jurist like Sadr al-Shariah, Ibn al-Humam and the
authors of the authoritative texts ( mutun mu’tabarah) would fall in
this category.