Chapter 8
USUL AL FIQH: METHODOLOGY FOR RESEARCH AND
KNOWLEDGE IN ISLAMIC JURISPRUDENCE
Definition:
The science of Source Methodology in Islamic Jurisprudence Usul al Fiqh has been defined as the aggregate, considered
per se, of legal proofs and evidence that, when studied properly, will lead
either to certain knowledge of a Shari'ah ruling or to at least a reasonable
assumption concerning the same; the manner by which such proofs are adduced,
and the status of the adducer.
Subject
Matter:
As its subject matter, this science deals with the proofs in the Shari'ah
source-texts, viewing them from the perspective of how, by means of Ijtihad,
legal judgements are derived from their particulars; though after, in cases
where texts may appear mutually contradictory, preference has been established.
What does usul fiqh deal whit ?
What has been usul fiqh estabilished ?
What is the subject matter of usul fiqh ?
Benefit:
The science of Usul al Fiqh engenders the ability to have knowledge of
Shari'ah rulings through study, on the part of those qualified to perform
Ijtihad and who meet all its requirements, of the legal proofs revealed in the
sources by the Lawgiver.
What does usul fiqh endangers ?
The benefit to be had
from this science to those not qualified to perform Ijtihad is that, through
their study of the classical schools of legal thought madhahib of the mujtahidun
(those who practise Ijtihad) and the reasoning behind their rulings, the
student of Source Methodology in Islamic Jurisprudence is enabled to understand
the various schools of thought, to analyze them, to choose from among their
interpretations and assign preference, and to adduce legal arguments on the basis
of the principles formulated by the classical mujtahidun.
What is the benefit of
usul fiqh ?
What i formulated by
the classical mujtahidun ?
What is meant by
various school of thought ?
The Sciences From Which Usul Al Fiqh Derived Its
Academic Basis
The science of Usul
al Fiqh is in fact an independent and autonomous field. It is, however,
based on certain fundamental predications muqaddamat, knowledge of which
the Islamic legal scholar cannot do without. These predications have been
derived from several other disciplines:
Some
are derived from the science of Aristotelian logic which the
philosopher-theologian writers mutakallimun had become accustomed to
discussing in the introductions to their works. These academic discussions
dealt, for example, with the ways in which words convey meanings, the division
of subjects into present and predicable, the need for, and varieties of,
discourse depending on conceptual principles taken from interpretations and
definitions, the validity of conclusions based on inductive reasoning, and
discussions about evidence and how it may be used to prove the claims of the
one who is adducing it, or to refute contradictions, and so on.
a.
Some are derived from Ilm al Kalam Scholastic Theology, and include
discussions of such questions as the nature of the Sovereign Hakim, in
the sense of whether it is the Shari'ah itself or reason which decides what is
right and what is wrong; or such as whether one can have knowledge of right and
wrong before revelation; or such as whether rendering thanks to the Bounteous
Creator is a duty derived from the Shari'ah or from human reasoning.
b.
Some are general linguistic rules which the scholars of al Usul
developed through linguistic research and presented in a crystallized form,
such as research dealing with languages and their origins, the classification
of words into metaphorical and literal, discussions of etymology, synonymity,
emphasis, generalization, specification, the meanings of grammatical particles
and so on.
c.
Some are derived from the classical sciences of the Qur'an and the Sunnah,
such as discussions concerning the transmission of Hadith by a single narrator Ahad,
or by an impeccable plurality of narrators Tawatur, the non-standard
recitations of the Qur'an and the rules about them, the criteria for the
acceptance Ta'dil or rejection Jarh of narrators of Hadith,
abrogation of legislation al Nasikh wa al Mansukh3, the condition of the text of a Hadith and its chain of narrators, and so
on.
d.
Finally, the examples cited by the scholars of al Usul in
illustration of their arguments are derived from the specifics of Fiqh, and
from the detailed evidence for the same as taken from the Qur'an and the
Sunnah.
The issues with which the scholars of al Usul are primarily concerned
include the following:
·
Logic and its
predications
·
Linguistics
·
Commands and
Prohibitions
·
Comprehensive al
'Amm and Particular terms al Khass
·
Inconclusive al
Mujmall and Determined concepts al Mubayyan
·
Abrogation al Naskh
·
Deeds (in particular,
those of the Prophet, upon whom be
·
peace, and their
significance)
·
Consensus al Ijma'
·
Narrations relating to
the Sunnan
·
Analogical reasoning al
Qiyas
·
Indicating preference
in cases of apparent contradiction
·
Exercising legal acumen
and scholarship Ijtihad
·
Following a specific
school of legal thought Taqlid
·
Disputed Sources (those
other than the four "agreed" sources)
