Introduction
Usul al Fiqh discusses both the sources (Adillah) of
Islamic law and the law (Fiqh). This view is held by a group of
jurists, according to 'Nurul Anwar' written by Sheikh Ahmad Ibn Abu
Sayiid, known as Mullah Jaiun, who was the house tutor of Aurangzeb,
the Mughal emperor. However, primarily Usul al Fiqh deals with the
sources or roots of Islamic law.
Usul al Fiqh (Usul is plural of Asl), the bases or
roots of Islamic Law, expound the methods by which Fiqh (detail
Islamic law) is derived from their sources. In this view, Usul is
the methodology and the Fiqh is the product.
Usul deals with the primary sources of Islamic law,
the Quran and the Sunnah, i.e., Usul discusses the characteristics of
the Quran and Sunnah, and what are the methods of deduction of law
from the Quran and the Sunnah. In doing that, Usul discusses various
kinds of words used in the Quran and the Sunnah in particular and
Arabic language in general, such as, Amm (general) and Khass
(particular), Mutlaq (unconditional) and Muqayyid (conditional),
Haqiqi (literal) and Majaji (Metaphorical), various types of
clear words and unclear words. Methods of deductions from the legal
verses of the Quran and the legal Ahadith (singular Hadith) are what
the Fuqaha (jurists) have called Ibarah al Nass (whereby Ahkam or
rules are derived from the obvious words and sentences themselves),
Isharah al Nass (where Ahkam are inferred from signs and indications
inherent in the text), Dalalah al Nass (where Ahkam are derived from
the spirit and rationale of a legal text) and Iqtida al Nass
(whereby Ahkam are derived as a requirement of the provision of the
text though the text is silent on the issue). For details, please
read the chapters on Interpretation in Hashim Kamali's book "Principles of Islamic
Jurisprudence".
Usul al Fiqh also discusses the secondary sources of
Islamic law, the Ijma (consensus), Qiyas (analogical deduction),
Istihsan (Juristic preference) and other methods of Ijtihad
(reasoning and investigation). All the secondary sources are either
directly or indirectly based on the primary sources of Islamic law,
the Quran and the Sunnah. For instance, three main elements of
Qiyas, that is Asl (original case), Hukm (ruling on asl) and the
Illah (effective cause ) are based on primary sources. Usul al Fiqh
also discusses other main issues involving Islamic law such as the
effect of custom on law or custom as a source of law, and grades of
the Islamic legal provision (i.e., what is Haram, what is Maqruh;
what is Farz, what is wazib and what is Mandub (recommended) and
also the methods of removal of conflict (i.e., Taa'rud).
In some books of Usul, grammar of Arabic language is
discussed at length. Of course the knowledge of Arabic language and
grammar is a must for one who wants to be a Usuliuun or a
Jurisprudent. However, this is not really a subject matter of
Usul.
The benefits of the study of Usul al Fiqh are many.
From a study of Usul, we come to know the methods of interpretations
of the Quran and Sunnah, all the secondary sources of Islamic law,
the views on Usul of major scholars of the past and present, the
rules of Qiyas and other methods of Ijtihad, the history of
development of Islamic law and legal theory. All these make anybody
who studies Usul cautious in approach to Islamic law. He develops
respect for the methodology of past masters and becomes aware of the
need to follow rules in the matters of deduction of new rules of
Islamic law. He then is likely to avoid careless utterance and
action. Ummah can produce great mujtahid only by study of Usul in
addition to other sciences. The principal objective of Usul is to
regulate Ijtihad and guide the jurist in his effort at deducing the
law from the sources.
Imam Shafii is considered to be the father of the
science of Usul. This is true in the sense that the systematic
treatment of the principles of Usul al Fiqh was first made by him.
Before him, the jurists off course followed some principles in the
deduction of law but these principles were not integrated and
systematized. After Shafii, many scholars have contributed in the
study of Usul, of them, the most famous are: Abul Hasan al Basri
(d. 436), Imam al Haramayn al Juwayni (d. 487), Abu Hamid al Gazali
(d. 505), Fakhruddin al Razi (d. 606), Saifuddin Al Amidi, Abul Hasan
Al Karkhi (d. 349), Fakhruddin Al Bazdawi (d. 483), Abu Bakr Al
Jassas (d. 370), Sadr Al Shariah (d. 747), Tajuddin Al Subki
modern times, particularly in Arab lands.
Initially two approaches developed in the study of
Usul, the theoretical and the deductive. The theoretical approach
was developed by Imam Shafii who enacted a set of principles which
should be followed in the formulation of Fiqh. On the other hand,
primarily the early and later Hanafi scholars looked into the
details of law given in the Quran and Sunnah and derived legal rules
or Usul principles therefrom. However, the later scholars combined
the two approaches and presently the subject essentially follows the
same format.