Journal Article

فعل الرسول صلى الله عليه وسلم وأثره في التشريع

عبدالباقي، أبو بكر يحيى عبدالصمد

2016

Overview

All praise is due to God and peace and blessings be upon the honorable Messenger Usul al-Fiqh is one of the noblest and most sublime disciplines. It is a discipline that closely pertains to both the Qur`an and the Sunnah of the Messenger (peace and blessings be upon him). Being well acquainted with the principles of Usul al-Fiqh leads to a proper understanding of both primary sources and draw us closer to understanding their intent. This discipline is the strict regulator of the principles of ijtihad and the guarantee of proper reasoning. It is indispensable for a jurist to understand Usul al-Fiqh in order to become acquainted with the theories of mujtahids, train in the manner of understanding rulings, and become familiar with the methodology of legal inference. One of the topics Usul al-Fiqh is concerned with is the actions of the Prophet (peace and blessings be upon him) and their categories, rulings, and impact on legislation. It is extremely important to know the categories under which the Prophet's actions fall as well as the relevant rulings in order to gain insight into narrations and reports about the Messenger's actions and to categorize and deduct rulings from them. Some people do not distinguish between which actions should be followed and emulated and which should not. They fail to distinguish between what comes from the Messenger (peace and blessings be upon him) in his capacity as God's prophet and was meant as legislation, his actions as a human being, and the prevailing customs and traditions of his society that were compatible with Islamic law. This research demonstrates the meticulousness of Islamic legal theorists in understanding Islamic law at the time when the principles of Usul al-Fiqh were established. They acted justly to both Islamic law and the legally responsible Muslim. They viewed the Prophet's practical Sunnah objectively, showing Muslims their rights and obligations. The paper consists of an introduction on the importance of the research topic and the reason for its selection, followed by the definition of 'Sunnah' and an elucidation of its categories, and the rulings concerning the Prophet's actions and their impact on legislation.

• Publisher: دار الافتاء المصرية
• Subject: التشريع الإسلامي / السنة النبوية