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COURSE PLAN
COURSE
INFORMATION
Programme

Masters of Science in Islamic Finance

Course Code

FQ5113

Course Title

Usul Fiqh and Qawaid Fiqhiyyah

Credit Hour

Semester

January

Year

2015

Method of Delivery

Lectures, presentations

Assessment Method

Final Exam: 60 marks

Coursework: 40 marks

Lecturer

Dr. Muhammad Yusuf Saleem

Phone: +603-76514161

Consultation Hours

Email: yusuf@inceif.org

Monday: 2-5.oo pm
Thursday: 10.00 am-1.00 pm

LEARNING OUTCOMES
a. Programme Learning Goal (LG) and Learning Objective (LO)
LG1:
Has acquired knowledge of economics, finance and shariah to address challenges of the
Islamic finance.
LO 1.1:
Has the competence to use appropriate techniques for conventional and Islamic finance.
b.

c.

Course Learning Outcomes

By the end of the course students would be able to:
1. Demonstrate understanding of the basic concepts and principles of Usul Fiqh and
Qawaid Fiqhiyyah
2. Demonstrate the knowledge of the sources of Islamic law and the methods of
interpretation, deduction and inference
3. Comprehend deductive, inductive and other methods of reasoning used as
instruments for ijtihad for the derivation of Shariah Rules
4. Demonstrate the knowledge of Shariah Rules, Defining and Declaratory Rules
5. Demonstrate understanding of Shariah Objectives and their contemporary relevance
6. Apply the methods and principles of Usul Fiqh and Qawaid Fiqhiyyah to transactions,
banking and finance issue
Assessment Measures for AOL

Course Plan: Rev. 1/Jan 2014

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Final examination
d.

Rubric
Traits
Developing (1 2)
1

Acquire technical skill

and able to understand
the various tasks of IF.
Ability to understand the
issue and apply the right
tool.

Has acquired basic

concepts and tools of
analysis.
Able to apply tools for
basic problem solving.

Performance Levels
Accomplished (3 4)

Exemplary (5)

Able to identify
strengths weaknesses of
the tools and concepts.
Able to choose right
tools for different
situation.

Able to evaluate
tools and concepts.
Able to adopt the
application to
dynamic situation.

LESSON PLAN
Week
Topics
1
Topic 1: Usul Fiqh
Introduction to Islamic jurisprudence (Fiqh)
Definition of Islamic jurisprudence
Definition of basic Terms in Islamic jurisprudence.
(Shariah, Fiqh, Usul Fiqh)
Historical development of Usul al-Fiqh

Learning Outcomes
Learn the nature, objectives
and significance of Usul Fiqh as
a methodology and set of
methods and their role in
ijtihad and interpretations,
Learn the reasons for the
differences of opinions and
the emergence of Fiqh Schools
(Mazahib)
Topic 2: The Primary Sources of Islamic law
Exposure to the history of
revelation and compilation of
The Holy Quran.
Definition of the Quran (literature and technical the Quran,
Learn the classification of the
meaning)
contents and verses of the
Justification of the Quran as a main source
Quran
The kinds of ruling in Quran
Topic 3: The Sunnah
Learn
the
meaning,
classification,
Definition of the Sunnah (literature and technical definitions,
codification and role of Hadith
meaning)
Justification of the Sunnah as a second source of law
The kinds of ruling in Sunnah
The classification of Sunnah
The relationship between the Quran and Sunnah
Topic 4: Consensus of legal opinion (Ijma)
Appreciate the meaning and
Definition of the Ijma (literature and technical justification for Ijma and its
possibility in the modern age
meaning)
Justification of the Ijma as a third source of law.
Types of Ijma
The opinion of the scholars on the possibility of
Ijma.
Topic 5: Analogy (Qiyas)
Learn the meaning and
conditions of deductive
Definition of Qiyas
reasoning and its significance
The Pillars of Qiyas
and application to Islamic
Examples/Cases
commercial and financial
transactions
Topic 6: Secondary sources
Appreciate the meaning and

Course Plan: Rev. 1/Jan 2014

10

11

12

Juristic Preference (Istihsan)

Examples/cases
Topic 7: Public interest (Maslahah Mursalah)
Definition of Maslahah
Classification of Maslahah
Maslahah Mursalah as a source of Islamic law
Examples/cases
Topic 8: Blocking the Means (Sadd al-Dharai)
Topic 9: Presumption of Continuity (istishab)
Topic 10: Custom (Urf)
Topic 11: Jurist Interpretation/ opinion (Ijtihad)
Definition of Ijtihad (literature and technical meaning).
The types of ijtihad.
The process of Ijtihad
The classification of Mujtahid
Ijtihad and the development of Islamic law (Fiqh)
Ijtihad and Taqlid
Topic 12: Hukm Shari
The meaning of Hukm Shari
Classification of Hukm Shari
Hukm Taklifi (Defining Rules)
Hukm Wadi (Declaratory Rules)
Topic 13: The classification of Hukm Taklifi (Defining
Rules)
Wajib (Obligatory Act).Definition and its types.
Mandub (Recommended Act). Definition and its
types.
Haram (Prohibited Act). Definition and its types.
Makruh (Disapproved Act). Definition and its
types.
Mubah (permitted Act). Definition and its types.
Topic 14: The classification of Hukm Wadi (Declaratory
Rules)
Cause (Sabab) Definition and its types
Condition (Shart) Definition and its types
Obstacle (Mani) Definition and its types
Validity (Sihhah) and Nullity (Fasad or Butlan)
Initial rules (Azimah) and Exemptions (Rukhsah)
Topic 15: The Objectives of Shariah (Maqasid al-Shariah)

Topic 16: Islamic Legal Maxims (Qawaid Fiqhiyyah)

Introduction and definition
Al-Qawaid Fiqhiyyah,
Qawaid Al Usuliyyah (Jurisprudence),
Al-Dawabit Fiqhiyyah
Nazariyyah Al fiqhiyyah (Islamic Law theory).
Topic 17: The first Islamic legal maxim:
Acts are judged by their Goals and purposes. (Al

application of Istihsan and

Maslahah as methods of
derivation of Fiqh rules

Learn the role of custom,

Istishab and Sadd al-Dharai as
sources and methods of Usul
al-Fiqh
Learn the conditions,
classification and role of
ijtihad in the development of
Islamic law

Appreciate the meaning of

Shariah Rule and its
classifications, and the subclassification of Hukm Taklifi
(Defining Rules) into Wajib,
Mandub, Haram, Makruh and
Mubah

Appreciate the meaning of

Hukm Wadi (Declaratory
Rules) and its classification
into cause, conditions and
obstacles

Appreciate the Objectives of

Shariah and its application to
contemporary issues
Appreciate the history and
definition of Legal Maxims,
first principal maxim

Course Plan: Rev. 1/Jan 2014

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14

Umuru Bimaqasidiha)
Origin, concept and application

Topic 18: The second Islamic legal maxim:

Certainty cannot be overruled by doubt. (Al yaqin
la yuzal Bi al-shak)
Origin, concept and application
Topic 19: The third Islamic legal maxim:
Harm must be eliminated (Al Darar Yuzal),
Origin, concept and application
Topic 20: The fourth Islamic legal maxim:
Hardship begets facility. (Al Mashaqqah Tajlib Al
Taysir)
Origin, concept and application
Topic 21: The fifth Islamic legal maxim:
Custom is basis of judgments. (Al-Ada
Muhakkamah)
Origin, concept and application

Appreciate the origin, concept

and application of the second
and third principal legal
maxims

Appreciate the origin, concept

and application of the fouth
and fifth principal legal
maxims

REFERENCES

Main references

Other references

1. Mohammad Hashim Kamali, (2007), Principles of Islamic Jurisprudence,

(Ilmiah Publishers, Malaysia)
2. Taha Jabir al-Alwani, (1990), Usul al-Fiqh al-Islami: Source Methodology
in Islamic Jurisprudence, translated by Yusuf Talal DeLorenzo and A.S. al
Shaikh-Ali, (The International Institute of Islamic Thought: Herndon)
3. Ibn Ashur, Treatise on Maqasid al-Sharih, translated into English by
Mohamed El-Tahir El- Mesawi, (2006), (Herndon, IIIT).
4. Mohamad Akram Laldin, et al, (2013) Islamic legal maxims and their
Application in Islamic Finance, kualal lumpur: ISRA
1. Muhammad ibn Idris al-Shafii (1987), al-Risala fi Usul al-Fiqh: Treatise
on the Foundations of Islamic Jurisprudence, translated by Majid
Khadduri, (The Islamic Text Society, Cambridge).
2. Muhammad Iqbal, The Reconstruction of Religious Thought in Islam,
(2004), (Adam Publishers, New Delhi)
3. Shah Wali Allah al-Dihlawai, A Rational Explanation of Differences of
Opinion in Fiqh, translated into English by Muhammad Abdul Wahhab,
(2003), (London: Ta-Ha Publishers).
4. Yusuf al-Qaradawi (2013), Introduction to the Study of Islamic Law,
IBFIM Publications
5. Mustafa al- Zarqa (2014), Introduction to Islamic Jurisprudence, IBFIM
Publication
6. Mohammad Hashim Kamali, (2002), Hadith Methodology, (Ilmiah
Publishers, Petaling Jaya).
7. Imran Ahsan Khan Nyazee, (2000). Islamic Jurisprudence. (Islamabad,
International Institute of Islamic thought).
8. Wahbah al Zuhaili, (2006). Usul al Fiqh al Islami. (Beirut,: Dar Al
Fikr).
9. Abd Karim Zaidan (2004), al Wajiz with usul al fiqh. (Beirut, al
Risala).Shah Wali Allah al-Dihlawai, (2003), Differences of Opinion in
Fiqh, translated by Muhammad Abdul Wahhab, (Ta- Ha Publishers,
London).

Course Plan: Rev. 1/Jan 2014

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10. Wael B. Hallaq, (1999) A History of Islamic Legal Theories: An
Introduction to Sunni Usul al-fiqh
11. Wael B. Hallaq, (2009) An Introduction to Islamic Law, Cambridge:
Cambridge Univrsity Press,
12. Wael B. Hallaq, (2005) The origins and Evolution of Islamic law
(Cambridge, UK; New York: Cambridge University Press.
13. Wael B. Hallaq, (2005) Law and Legal theory in classical and Medieval
Islam, (2005) Great Britain: Ashgate publishing Limited.
14. Abu Ameenah Bilal Philips, The Evolution of Fiqh, (1988), (International
Islamic Publishing House, Riyadh).
15. S. Mahmassani, (2000), The Philosophy of Jurisprudence in Islam,
translated by Farhat J. Ziaseh, (Open Press, Kuala Lumpur).
16. Imaran Ashsan Khan Nyazee, (2002), Theories of Islamic law, the
Methodology of Ijtihad. (Kuala Lumpur, The other press).
17. Gavin N. Picken, (2011) Islamic Law: Critical Concepts in Islamic Studies,
vol.3 and 4, London: Routledge
18. Azman Ismail and Md Habibur Rahman, (2013), Islamic Legal Maxims:
Essentials and Applications, (IBFIM, Kuala Lumpur).

Course Plan: Rev. 1/Jan 2014