Chapter1-Intoduction To Usul Al-Fiqh

Chapter 1
Introduction to Usul Fiqh

(The Principles of Islamic jurisprudence)
Reference:
Principles of Islamic Jurisprudence by
Prof. Mohammad Hashim Kamali,
3rd edition (2005)
Made by:
Nor Izzuddin Bin Norrahman
Lecturer
Management, Banking and Islamic Finance
Astin College
Content
Definition and scope
Definition
Usul al-fiqh vs fiqh
The essential in Usul al-fiqh
Objective of Usul al-fiqh
Purpose of Usul al-fiqh
The need of Usul al-fiqh
The development of Usul al-fiqh
Two approaches to the study of Usul al-fiqh
Proof of Shariah (Al-Adillah As-Shariyyah)
DEFINITION
AND
SCOPE
Definition
Usul al-fiqh, or the roots of Islamic law,
expound the indications and methods by
which the rules of fiqh are derived from
their sources.
Some writers have described usul al-fiqh
as the methodology of law, a description
which is accurate but incomplete.
Why it is incomplete?
Definition
To say that Usul al-fiqh is the science of the
sources and methodology of the law is
accurate in the sense that the Quran and
Sunnah constitute the sources as well as the
subject matter to which the methodology of
usul al-fiqh is applied.
The Quran and Sunnah themselves, however,
contain very little by way of methodology,
but rather provide the indications from
which the rules of Shariah can be deduced.
Definition
The methodology of usul al-fiqh really
refers to methods of reasoning such
as analogy (qiyas), juristic preference
(istihsan), presumption of continuity
(istishab) and the rules of interpretation
and deduction.
These are designed to serve as an aid
to the correct understanding of the
sources and ijtihad.
Usul al-fiqh vs fiqh
The main difference between fiqh and usul
al-fiqh is that fiqh is concerned with the
knowledge of the detailed rules of
Islamic law in its various branches, and
usul al-fiqh with the methods that are
applied in the deduction of such rules
from their sources.
Fiqh, in other words, is the law itself whereas
usul al-fiqh is the methodology of the law.
The essential in Usul al-
fiqh
Knowledge of the rules of
interpretation is essential to the
proper understanding of a legal text.
Unless the text of the Quran or the
Sunnah is correctly understood,
no rules can be deduced from it,
especially in cases where the text
in question is not self-evident.
The essential in Usul al-
fiqh
An adequate grasp of the
methodology and rules of
interpretation also ensures the
proper use of human reasoning in a
system of law which originates in
divine revelation.
Objective of Usul al-fiqh
The principal objective of usul al-fiqh is to
regulate ijtihad and to guide the jurist
in his effort at deducing the law from its
sources.
The need for the methodology of usul al-
fiqh became prominent when unqualified
persons attempted to carry out ijtihad, and
the risk of error and confusion in the
development of Shari'ah became a source
of anxiety for the ulema.
The purpose of usul al-fiqh is to help the
jurist to obtain an adequate knowledge of
the sources of Shariah and of the methods
of juristic deduction and inference.
Usul al-fiqh also regulates the application of
qiyas, istihsan, istishab, istislah,etc., whose
knowledge helps the jurist to distinguish as
to which method of deduction is best
suited to obtaining the hukm shar'i of a
particular problem.
Purpose of Usul al-fiqh to create
Fiqh.
Usul al-fiqh enables the jurist to
ascertain and compare strength and
weakness in ijtihad and to give
preference to that ruling of ijtihad
which is in close harmony with the
nusus.
It is nevertheless accurate to say
that fiqh precedes the usul al-fiqh
and that it was only during the
second Islamic century that
important developments took place
in the field of usul al-fiqh.
[Khallaf, 'Ilm, p. 16;Abu Zahrah, Usul, p.
10.]
For during the first century there was no
pressing need for usul al-fiqh.
When the Prophet was alive, the necessary
guidance and solutions to problems were
obtained either through divine revelation, or
his direct ruling.
Similarly, during the period following the
demise of the Prophet, the Companions
remained in close contact with the
teachings of the Prophet and their decisions
were mainly inspired by his precedent.
However, with the expansion of the territorial
domain of Islam, the Companions were dispersed
and direct access to them became increasingly
difficult.
With this, the possibility of confusion and error in
the understanding of the textual sources became
more prominent.
Disputation and diversity of juristic thought in
different quarters accentuated the need for clear
guidelines, and the time was ripe for al-Shafi'i to
articulate the methodology of usul al-fiqh.
The development of Usul
al-fiqh
Al-Shafii came on the scene when juristic controversy had
become prevalent between the jurists of Madinah and Iraq,
respectively known as Ahl al-Hadith and Ahl al-Ra'y. This
was also a time when the ulema of Hadith had succeeded
in their efforts to collect and document the Hadith.
Once the fuqaha were assured of the subject matter of the
Sunnah, they began to elaborate the law, and hence the
need for methodology to regulate ijtihad became
increasingly apparent.
The consolidation of usul al-fiqh as a Shariah discipline
was, in other words, a logical conclusion of the compilation
of the vast literature of Hadith.
al-fiqh
Among the factors which prompted al-
Shafi'i into refining the legal theory of usul
al-fiqh was the extensive influx of non-
Arabs into Islamic territories and the
disconcerting influence that this brought on
the legal and cultural traditions of Islam.
Al-Shafi'i was anxious to preserve the
purity of the Shariah and of the language
of the Quran.
al-fiqh
Broadly speaking, the so-called closure of the gate of
ijtihad at around the fourth Islamic century did not
affect the usul al-fiqh in the same way as it might have
affected the fiqh itself.
The era of imitation(taqlid) which followed might even
have added to the strength and prominence of usul al-
fiqh in the sense that the imitators observed, and
relied on, the methodology of the usul as a benchmark
of validity for their arguments.
Consequently usul al-fiqh gained universal acceptance
and was, in a way, utilised as a means with which to
justify taqlid.
TWO
APPROACHES
TO THE STUDY
OF USUL AL-
FIQH
Following the establishment of the
madhahib, the ulama of the various
schools adopted two different
approaches to the study of usul al-
fiqh:
Theoretical approach
Deductive approach
Theoretical approach
Adopted by the Shafii school and the
Mutakallimun (Kalam & Mutazilah)
Known as usul al-Shafi'iyyah or tariqah al-
Mutakallimin.
Al-Shafii was mainly concerned with
articulating the theoretical principles of
usul al-fiqh without necessarily attempting to
relate these to the fiqh itself.
Concerned with the clarification of theoretical
doctrines
Concerned with the clarification of principles
Deductive approach
Mainly attributed to the Hanafis
Known as usul al-Hanafiyyah, or tariqah al-
fuqaha'.
Orientation rather than substance
Practical in the sense that theory is
formulated in light of its application to
relevant issues
Tends to develop a synthesis between the
principle and the requirements of a
particular case
PROOFS OF
SHARI'AH
(Al-Adillah Al-
Shar'iyyah)
The laws or values that regulate the
conduct of the mukallaf are:
Adillah Shariyyah
Ahkam
The ahkam are derived from the

adillah and are therefore subsidiary
to them.
Literally, dalil means proof, indication
or evidence.
Technically it is an indication in the
sources from which a practical rule of
Shariah, or a hukm is deduced.
The hukm obtained may be :
definitive(qati')
speculative (zanni)
depending on the nature of the subject,
clarity of the text, and the value which it
seeks to establish.
In the terminology of usul al-fiqh,
adillah Shariyyah refer to four
principal proofs, or sources of the
Shariah, namely:
Quran,
Sunnah,
Consensus (Ijma)
Analogy (Qias)
Dalil in this sense is synonymous
with asl, hence the four sources of
Shariah are known both as adillah
and usul.
There are a number of ayat in the
Quran which identify the sources of
Shariah and the order of priority
between them.
The proofs of Shari'ah have been further
divided into:
transmitted proofs (adillah naqliyyah)
rational proofs (adillah 'aqliyyah)
The authority of the transmitted proofs is
independent of their conformity or
otherwise with the dictates of reason. It
can also be rationally justified.
The rational proofs, on the other hand, are
founded in reason and need to be
rationally justified. They can only be
accepted by virtue of their rationality.
Qiyas, istihsan, istislah and istishab
are basically all rationalist doctrines
although they are in many ways
dependent on the transmitted proofs.
Rationality alone is not an
independent proof in Islam, which is
why the rational proofs cannot be
totally separated from the
transmitted proofs.
The adillah Shariyyah have been further
classified into:
Mustaqill (Independent)
Muqayyad, (Dependent) proofs respectively.
The first three sources of the Shari'ah
are each an independent asl, or dalil
mustaqill, that is, a proof in its own right.
Qiyas on the other hand is an asl or dalil
muqayyad in the sense, as indicated
above, that its authority is derived from
one or the other of the three
independent sources.
End of Chapter 1

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Chapter 1

Introduction to Usul Fiqh

The ahkam are derived from the

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