Types of Fiqh Rules and Their Levels

In the rules of jurisprudence, there are many rules given by scholars. As is known, the aim of this is to make it easier for students of science to understand Islamic jurisprudence problems. Starting from this, the science of jurisprudence itself has types and levels, not just one type or one level.

Broadly speaking, the types and levels of fiqh rules are found in two things:

First: in terms of the scope of rules and the breadth of coverage of the branches and problems of jurisprudence.

Second: in terms of agreement or difference of opinion of the scholars regarding the content (intent) of these rules.

Below is an explanation of the two things above.

First: in terms of the scope of the rules and the breadth of coverage of the branches and problems of jurisprudence

From this point, it is divided into three levels:

First level: Kubra rule whose rule coverage is broad and comprehensive regarding the branches and problems of jurisprudence

There are five kubra rule which is agreed upon by the scholars,

First:

Things fit his purpose

“Everything depends on the goal (intention).”

Second:

Certainty is not lost because of doubt

“Faith is not lost because of doubt.”

Third:

Difficulty brings ease

“Difficulty brings ease.”

Fourth:

There is no harm or foul

“Cannot cause harm (harm) and cannot repay harm with harm.”

Fifth:

The customs are very strict

“Customs can be used as the basis of law.”

Here are five kubra rule which is agreed upon by the ulama. Some have added it to six, namely rules,

Putting words into practice is better than ignoring them.

“Practicing the meaning of a speech is more important than abandoning it (throwing it away).”

From kubra rule that has been mentioned, later there will be many other rules as derivatives of these rules. That is one of the reasons why the rules above are called kubra rule, because these rules are the core among the other rules.

Second level: Rules whose scope is narrower than the previous rules (although they are still broad and cover many things); Under each of these rules there are countless problems of jurisprudence

There are two parts to this rule:

First part: rules that are derived from kubra rule

An example is the rule:

Necessity permits prohibition

“Emergencies can allow things that are prohibited.”

This rule is a derivative or branch of the rule:

Difficulty brings ease

“Difficulty brings ease.”

Another example, rule:

It cannot be denied that jurisprudential decisions change over time.

“It cannot be denied that the laws of ijtihadiyah can change along with changing times.”

This rule is a derivative or branch of the rule:

The customs are very strict

“Customs can be used as a basis for law.”

Second part: rules that are not derived from kubra rule

An example is the rule:

Ijtihad is not invalidated by ijtihad or anything similar.

“Ijtihad cannot be canceled by another ijtihad, or by something similar.”

And also the rule:

The subject’s disposition is based on personal interests.

“Policies towards the people depend on their benefit.”

These two examples of rules are not derivatives or branches of kubra rule.

Third level: Rules that have a narrow scope and are not general in nature, because they are only specific to one chapter of fiqh or part of one chapter; and this is what is called dhowabith

In this regard, a cleric named Al-Imam Abdul Wahab As-Subki God bless said,

(General things that apply to many specific things, the laws of which can be understood) And there are also things that are not specific to a letter, such as our words: (Certainty does not arise with doubt) and others that relate to things like our words: (Every penance must be paid immediately)

“A rule is a matter of a general nature, which includes many branches (problems) whose law can be understood through these rules.”

“Some rules are not specific to one chapter, like our saying, “Faith is not lost because of doubt.” And some specifically in one chapter, such as, “Every kafarat which is caused by disobedience must be done immediately.”

In general, rules that are intended for a particular chapter and regulate similar examples in it are called habit.

Second: in terms of agreement or difference of opinion among the ulama regarding the content (intent) of these rules

From this discussion, there are two levels as follows:

First level: Rules whose content is agreed upon among all scholars from all schools of thought

Among the examples of this first level are: kubra rule, whose validity is agreed upon by all scholars, even scholars from different schools of thought.

Second level: Rules that are specific to a particular school of thought, or which are practiced by some legal expert (fiqh scholars) but is not practiced by sects or legal expert others, although the scope is broad and covers many fiqh issues from various chapters

The rules of this second level include the causes of differences of opinion among fiqh scholars in establishing a law, starting from the differences in their viewpoints in formulating perfume (legal reasons) for a problem.

An example of this level is the rule:

There is no argument with probabilities arising from the evidence.

“There is no strength in an argument if there is still the possibility of obtaining another meaning from the argument itself.”

This rule is practiced by the Hanafiyah and Hanabilah ulama, but not by the Shafi’iyah ulama, while the Maliki practice it with certain limitations.

These are the types of fiqh rules and their levels. The most important thing from this discussion is knowing kubra rule which is the essence of other fiqh rules.

Hope it is useful. Wallahu ta’ala a’am.

Also read: The Benefits of Knowing and Studying the Principles of Jurisprudence

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Depok, 20 Rabi’ul Akhir 1447/ 12 October 2025

Writer: Muhammad Zia Abdurrofi

Article Muslim.or.id

Reference:

• Al-Mumti’ fil Qowa’id Al-Fiqhiyyah, The work of Prof. Dr. Musallam bin Muhammad Ad-Dusary.
• Al-Wojes All-Fiqhi All-Culliyah by Idaahi Qowa, the work of Dr. Muhammad Shidqi bin Ahmad.