Introduction to the Science and Development of Usool ul-Fiqh

Presented by
Mufti Abdul Waheed
Senior Lecturer and Researcher in Fiqh and Usool ul‐Fiqh
at JKN Institute
fatawa@jkn.org.uk
Date: 10/8/14
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Agenda
2
10:20am Welcoming and introduction to the course
10:25am Session 1 (1 hour) Introduction to Usool ul‐Fiqh and group
work
11:30am Break (10 mins)
11:40am Session 2 Development in the first and second Era (1 hours)
12:40pm Q&A session and closing remarks

Course Content
1. Introduction
2. Differences Between Sharī'ah and Fiqh
3. Definition of Usool ul‐Fiqh
4. Distinctions Between Terminologies
5. Subject Matter of Usool ul‐Fiqh
6. Benefits of Studying Usool ul‐Fiqh
7. Who Sowed the Foundation?
8. Evolution period of Usool ul‐Fiqh
9. The Era of the Prophet (saw)
10. The Era of the Companions
11. Conclusion
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1. Introduction
Usool ul‐Fiqh is about how the Sharī'ah sources are
interpreted.
Contextualising Shar’ee evidences related to judicial
matters are vested in the hands of jurists.
 Terms are often used interchangeably
Who opened the doors of Ijtihād?
What was the companions attitude towards Sunnah?
Companions well‐known for exercising Ijtihād
4

Group Work
Everyone to form into groups and discuss
three differences between Sharī’ah and Fiqh.
5

2. Differences between Sharī'ah and
Fiqh
Sharī'ah Fiqh
‐ A Path leading to Islām
‐ Heavenly Divine
‐Understanding the sources of the Sharī'ah and
their evidences
‐ Human endeavour
Components;
‐ Aqā’id (Beliefs)
‐ Akhlāq (moral conduct)
‐ Siyāsat (politics)
‐ Ibādah – (worship)
‐ Muāmalāt (commercial transaction)
Components:
‐ Ibādah – (worship)
‐ Munākahat – (marriage & family laws)
‐ Muāmalāt (commercial transaction)
‐ Uqoobāt (penal laws)
‐Fixed and unchangeable
‐ Eternal
‐ General principles laid out in the Qur’ān and
Sunnah
‐Subject to change to meet the change of
circumstances
‐Fallible
‐Principles are inferred from the Qur’ān and
Sunnah
‐Specific and detailed
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3. Definition of Usool ul‐Fiqh
1a) Usool
Literal:
َ‫ﺎ‬‫ﻋﺮﻓ‬ ‫او‬ ً◌َ‫ﺎ‬‫ﻋﻤﻠﻴ‬ ‫او‬ ً◌َ‫ﺎ‬‫ﺣﺴﻴ‬ ‫ﻛﺎن‬‫ﺳﻮاء‬ ‫ﻏﲑﻩ‬ ‫ﻋﻠﻴﻪ‬ ٰ‫ﻳﺒﲏ‬ ‫ﻣﺎ‬
Translation: Upon which something is premised on whether it is
something of sensory, rational or customary nature.
Technical:
1. ‫–دﻟﻴﻞ‬ Proof
2. ‫رﺟﻊ‬ – Resort to the origin
3. ‫ﻗ‬‫ﺎﻋﺪﻩ‬ – Maxim/juristic principle

1b) Fiqh
Literal –
Technical –
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‫اﻟﻜﻼم‬ ‫ﻏﺮض‬ ‫ﻓﻬﻢ‬
‫ﻓﻬﻢ‬ ‫ا‬‫ﻻﺷﻴﺎء‬‫اﻟﺪﻗﻴﻘﺔ‬
‫ﻻ‬ ‫اﻟﺘﻔﺼﻴﻠﻴﺔ‬ ‫ادﻟﺘﻬﺎ‬ ‫ﻣﻦ‬ ‫اﻟﻌﻤﻠﻴﺔ‬ ‫اﻟﺸﺮﻋﻴﺔ‬ ‫اﻻﺣﻜﺎم‬ ‫اﻟﻌﻠﻢ‬‫ﺳﺘﺪﻻل‬
Translation: Understanding of the purpose of the statement
Understanding of intricate/detail things
Translation: The knowledge of the Shar’ee injunctions pertaining to conduct
with (the knowledge of) inference from the detailed (specific) evidence.

9
‫اﻟﻌﻠﻢ‬‫ﺎ‬ ‫ﻳﺘﻮﺻﻞ‬ ‫اﻟﱴ‬ ‫ﻟﻘﻮاﻋﺪ‬)‫اﺠﻤﻟﺘﻬﺪ‬(‫اﱃ‬‫اﺳﺘﻨﺒﺎط‬‫اﻟ‬ ‫اﻻﺣﻜﺎم‬‫ﺸﺮﻋﻴﺔ‬
‫اﻟﺘﻔﺼﻴﻠﻴﺔ‬ ‫اﻻدﻟﺔ‬ ‫ﻣﻦ‬ ‫اﻟﻌﻤﻠﻴﺔ‬
1c) Usool Fiqh
Translation: It is the knowledge of principles that a (mujtahid) uses to infer
Shar’ee rulings pertaining to conduct from the detailed (specific) evidences.

3. Distinctions Between Terminologies
10
Usool ul‐Fiqh Fiqh
Legal principles that guide the Faqih when
extracting laws from the sources
Fiqh pertains to the derived rules
themselves.
Usool imply to the legal theories fiqh apply  to the practical implementation
of the Law
Subject matter primarily relates to the
Shar’ee sources  and evidences
Subject matter  relates to the conduct of the
Mukallaf (legally commissioned person)
An Usooli establishes the legal principles for
inferring rules
Faqih is sanctioned by those principles set by
an Usooli
‫اﻟﺼﻠﻮة‬ ‫اﻗﻴﻤﻮا‬
An unrestricted command of the Lawgiver
that is devoid of presumption demands
obligation
Salāh is obligatory because it is an
unrestricted command

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Mujtahid Faqih
Possesses the qualification of Ijtihād and sets
legal principles of the procedural law
Who has derived his knowledge from the
mujtahid and acquainted with the principles
and its application.
Muqallid Faqih
Who is not acquainted with the detail
evidences and inferences of a legal act
Who is aware of the detailed evidences and
inferrences of a legal act
Usool ul‐Fiqh Qawā’id ul‐Fiqh
A body of principles formulated by the
Mujtahid/Usooli to interpret the sources of
Sharī'ah and inferring injunctions
General principles (legal Maxims) are
derived from the works of Fiqh to assist the
Mufti when determining legal decisions

4. Subject matter of Usool‐Fiqh
The formal structure of the Islamic Law.
Evidences
The methodology of a Mujtahid.
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5. Benefits of Studying Usool ul‐Fiqh
 To assist the mufti or specialist in Islamic law in
understanding the legal interpretation of the Islamic Law.
 Understanding the methodology of the classical jurists of
deducing legal principles.
 Attain intuitive insight of the Shar’ee evidences and their
correct application.
 Assists contemporary jurists in solving new cases in
modern times
13

6. Who sowed the foundation of Usool Fiqh
 There are three opinions:
1) Imām Jafar Sadiq
2) Imām Abu Hanīfah (r.a) e.g. Usool Sarakhsi – However his
students compiled it. He also set the principles and for his
students to deliberate.
3) Imām Shafee (r.a).
 Note: Many say it was Imām Abu Hanīfah (r.a).
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7. Eras of Evolution of Usoolul‐Fiqh
1. The Holy Prophet 1 ‐11 A.H
2. Sahabas 11 ‐ 41 AH
3. Senior Tabi’een 41 ‐ 132 AH
4. later Tabi’een to the Tabu Tabi’een Post 132 AH
15

16
The Era of the Holy
Prophet (saw)
(1 ‐ 11 AH)

1. The Prophet’s (saw) Mission
 To recite the Holy Qur’ān, teach it, teach wisdom (Hadeeth and Sharī'ah)
and to purify.
 The two sources of the Sharī'ah were established; Qur’ān and the conduct
of the Holy Prophet (saw).
 He was given legal authority as well as political
 He was a perfect embodiment of the Sharī'ah.
 No compilation of any sciences occurred during this time.
 He was the final reference source – He would respond to issues or queries
posed to him. The objective was to educate and spread Islām.
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2. The Prophet (saw) exercising Ijtihād
a)He primarily opened the doors of Ijtihād.
 The Captives of Badr, (Muslim).
 The Conquest of Makkah and killing in the Haram
sanctuary was permitted for the Prophet (saw). (Bukhāri)
 Hajj Badl to be prescribed (Bukhāri)
18

3. Ijtihād employed by the Sahabahs during
this Era;
 Hadeeth of Muadh. (Tirmizi)
 The incident regarding performing Asr Salāh at Banu
Quraidha. (Muslim)
 A companion repeated his Salāh performed with
Tayammum after finding water for ablution. (Abu Dauood)
 ‐ Determining the direction of the Qiblah. (Tirmizi)
19

4. The companions’ Disposition towards the
Sunnah
They would not pose unnecessary question.
Each companion reported what he heard from the
Messenger of Allāh (saw).
Excessive questioning was prohibited by the
Messenger of Allāh (saw).
Whenever they differed in a matter, the Messenger of
Allāh (saw) would either correct them or ratify their
differences.
20

21
The Era of the
Sahabahs (ra)
(11 ‐ 41 AH)

22
Brown: During the period of the Prophet and after his demise
Orange: The period of the four rightly guided Caliphs
Yellow: The Umayyid period

1. Sayyidunā Abu Bakr (ra)
 Contending those who denied paying Zakat
 Defeating the army of Musailama the liar
 Deployed the first Muslim army towards Syria
 Abu Bakr would gather the Sahabahs for Mashurrah
(Consultation).
 Compilation of the Qur'ān upon the insistence of
Sayyidunā Umar (ra).
23

2. Sayyidunā Umar (ra)
 Possessed the ability of Ijtihād
 Muslims encountered unprecedented judicial issues e.g. the
division of the lands in Iraq.
 Hold a council of scholarly Sahabahs to resolve judicial matters
 Umar (r.a.) cancelled Mu’allafatul‐Quloob (those to whom the
hearts inclined to) recipient in Zakāt.
 He differed the penalty of a theft due to famine.
 Performed wudhu with the water in a jungle. (Muatta)
24

Juristic principles founded by Sayyidunā
Umar (ra)
All things in principle (apart from meat) are
permissible.
‐ Matters to be judged by their apparent condition
Identifying the illa (legal cause).
Public interest
25

3. Other companions posessing the ability
of Ijtihād
Sayyidunā Abdullah ibn Mas’ood (ra)
Sayyidunā Ali (ra)
Sayyidunā Abdur Rahman Ibn Awf (ra)
Sayyidunā Abdullah Ibn Abbas (ra)
Sayyidunā Mu’adh ibn Jabal (ra)
Sayyidunā Abu Musa al‐Ash’ari (ra)
26

Conclusion
Usool ul‐Fiqh teaches the science of interpreting and
inferring legal principles form the Shar’ee Sources.
Fiqh teaches the implementation of the law and
understanding the legal principles formulated from
the Shar’ee sources.
Usool ul‐fiqh requires extensive Ijtihād
The Messenger of Allāh (saw) not only employed
Ijtihād himself but permitted the learned companions
to exercise Ijtihād
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Recommended Reading
Hasan, F. Fa Usool Fiqh Ki Tareekh, (Urdu), Pakistan,
Dārul‐Ishāt.
Amīni , M.T. Ijtihād, (Urdu) Karachi, Qadeem Kutub
Khana
Amīni, M.T (1991) Fiqh Islam ka Tāreekhi Pass Manzar,
Karachi, Qadeem Kutub Khana
Hallāq, W. (2007) A History of Islamic Legal Theory,
Cambridge, University Press
Niyyazi I.A. Islamic Jurisprudence (Usool ul‐Fiqh).
28

History of Usool ul‐Fiqh Series
Let us take you on a journey to the Truth
Development of Usool ul‐Fiqh 3rd & 4th Era and
Understanding the Reasons for Differences
Date:14/9/14
www.goldenera.eventbrite.co.uk
Not to be missed!
By
Mufti Abdul Waheed
29

Development of Fiqh during the Tabi’een period and
the generation that followed
Some specialties and achievements of these two eras
Emergence of the Four Legal Schools
Codification of Usool ul‐Fiqh
Codification of the science of Hadeeth
The political movement of the deviant sects
Understanding the reasons of differences amongst
Sahabahs and other leading jurists.
30

Forthcoming Titles in the Series
Emergence of the Four Legal Schools
The school of Imām Abu Hanifah
The school of Imām Malik
The School of Imām Shafi’ee
The School of Imām Ahmad ibn Hanbal
Critical discussion on Taqleed
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‫ا‬‫ﲑ‬‫ﺧ‬ ‫ﷲ‬ ‫اك‬‫ﺰ‬‫ﺟ‬
Q & A
32

Introduction to the Science and Development of Usool ul-Fiqh

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