Al-Qawa'id Al-Fiqhiyyah of Al-Sa'dee - Part 3: Fiqh Extends Out of Four Sources (Evidences)
Posted by Abu.Iyaad on Friday, October, 03 2014 and filed under Fiqh Principles of al-Sa'dee
Key topics: Al-Sa'dee Usool Al-fiqh

An existing translation of as-Sa'dee's work titled (رسالة لطيفة جامعة في أصول الفقه المهمة) "A Brief, Concise Treatise Regarding Important Principles of Fiqh" has been used as a basis for these articles with corrections to numerous errors in the translation, improvements and amendments to make the material easier to read and comprehend. This translation was received and published 14 years ago on the Salafi Publications website and is also widely distributed on the web.

The Evidences From Which Fiqh Extends Out Of Are Four

The adillah (evidences) that fiqh is derived from are four:-

The Book and the Sunnah, and these two are the foundation by which the mukallafoon (the legally responsible) are addressed [with commands and prohibitions], and upon which is built their religion. Then ijmaa' (consensus) and al-qiyaasus-saheeh (sound and correct analogy), these two rest upon and are supported by the Book and the Sunnah. So fiqh - in its entirety (from its beginning to its end) - does not leave the realms of these four usool (fundamentals).

These four (types of) evidences are comprised in the majority of the important ahkaam (rulings). They are indicated to by the nusoos (texts) from a) the Book and b) the Sunnah; and c) the Scholars have ijmaa' (consensus) about them, and d) they are indicated to by qiyaasus-saheeh (sound and correct analogy); [all] because of what they entail of benefit, if it is a command; or what they contain of harm, if it is a forbiddance. Very few of the ahkaam have been differed over by the Scholars. In such cases the closest of them to the truth is the one who correctly [most soundly] refers back to these four usool.