Tag Archives: fiqh principles

The Importance of Learning Usool al-Fiqh (Islamic Legal Maxims)

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In the Name of Allah, the Most Gracious, the Ever Merciful…

The topic of Usool al-Fiqh (Islamic Legal Maxims) is extremely important for all those who wish to understand how evidences are applied to various situations. Ignorance of these principles and foundations can cause a total failure in understanding the verdicts of the scholars on modern issues of importance and their details and complexities. Without the tools by which to understand how the scholars derive and apply their rulings, even a sincere, truth-seeking individual from Ahlus-Sunnah might fail to understand their use of broadly applicable principles and foundations, and then falsely assume that they have spoken without evidence.

In his poetry on Usool al-Fiqh, the great scholar, Shaykh Ibn ‘Uthaymeen (may Allah have Mercy on him), stated:

اغْتَنِمِ القَوَاعِدَ الأُصُولَا ## فَمَنْ تَفُتْهُ يُـحْرَمِ الوُصُولَا
Take advantage of the qawaa’id (principles) and usool (foundations),
Whoever misses them is deprived of attainment [of knowledge].

In his printed lessons explaining the poem, Sharh Manthoomat Usool al-Fiqh wa Qawaa’idihi (p.44), he explained:

This is a principle the scholars have: “Whoever is deprived of the foundations shall be deprived of arrival at his goal,” and they spoke the truth! Thus, we must be vigilant about understanding these principles, learning all that is included in them, researching them together, and asking those who know more than us about them, so we could actualize the point of studying them, with sincere intentions and good follow-through. Whoever misses out on these principles could only study Islamic knowledge issue by issue, one at a time, as he has no foundation to build anything on [for himself]. Thus, his knowledge is flawed, his thought process is slow and irregular, and he forgets issues easily…

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Wiping over Headwear (Turbans, Caps, Khimaars) for Wudhoo’

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In the Name of Allaah, the Most Gracious, the Ever Merciful…

I was asked about the issue of women wiping over their khimaars (head coverings) for wudhoo’. Seeking the Assistance of Allaah, I say:

The Messenger of Allaah (may Allaah raise his rank and grant him peace) wiped over his footwear and headwear, as found in Saheeh Muslim and other source books of hadeeth. Some scholars said this is not for women and their khimaars, however, to consider a ruling in Islaam specific to one of the two genders requires evidence, as all rulings in Islaam are for men and women alike, unless there is evidence to show an intended distinction.

All rulings in Islaam are for men and women alike, unless evidence establishes an intended distinction.

This is a very important principle in Fiqh. Furthermore, it has been reported from Umm Salamah (may Allaah be pleased with her), that she used to wipe over her khimaar for wudhoo’. This is the short version of the answer. Stop reading here, unless you are interested in a more detailed discussion.

Some scholars said it is not allowed for women to wipe over their khimaars. This is due to either

  • [A] Their rejection of the entire issue of wiping over headwear, because the evidence for it had not reached them,
  • [B] Or because they affirmed the Sunnah of wiping over headwear in general, but no report from a female Companion reached them affirming their practice of it, so did not see any basis for it in the practical understanding of the female Companions. There are in fact many reports of women Companions reaching under their khimaars to wipe over their heads for wudhoo’. However, those who knew of the reports (of Umm Salamah, for example) are given priority over those did not have them.

Those who affirm the permissibility of women wiping over the khimaar either