The Basic Rulings and Principles of Fiqh

In this book, Dr. Saleh As-Saleh explains only seven foundations out of sixty mentioned in the book of Sh. Abder-Rahman As-Se’di “The Basic Rulings and Principles, and the Beneficial and Eloquent Classifications and Differentiations”. The importance of this book stems from the nature of its content. This is because the scholars of Islam gave great importance to the study of the basic rulings and principles of fiqh so that they are able to encompass the various cases and refer these cases to the basic rulings and principles in order to deduct and apply the judgment in a comprehensive, yet precise manner.
The Basic Rulings and Principles of Fiqh – The Beneficial, Eloquent Classifications and Differentiations.
The Lawgiver orders only that which is a purely beneficial (i.e. no evil therein) or predominately beneficial (meaning its benefits exceeds any evil therein). The Lawgiver forbids only that which is purely evil or predominately evil (i.e. the good is negligible when compared to the evil), giving precedence to warding off the evil.
Qur’anic Foundation for Principle
This foundation comprises the entire shari’ah. Nothing is irregular when considered using this foundation. There is no differentiation, whether this foundation refers to the rights of Allaah or the rights of His slaves. Allaah (subhannahu wa ta’ala) said (in the translation of the meaning): «Verily, Allaah enjoins al-‘Adl (i.e. justice) and al-Ihsaan, and giving (help) to kith and kin and forbids al- Fahsha (i.e all evil deeds), and al-Munkar (i.e. all that is prohibited), and Al-Baghye (i.e. all kinds of oppression), He admonishes you, that you may take heed.» Surah an-Nahl (16:90).
From this ayah, it is clear that there is no justice or goodness, except that Allaah orders it. Similarly, there is no evil or munkar related to the rights of Allaah and no transgression nor oppression related to the rights of people, except that He forbade it. This is where this foundation is deducted from.

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The Basic Rulings and Principles of Fiqh

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