Islamic Jurisprudence (Usul Al-Fiqh) S-01.pptx

Introduction to the discipline of Islamic Jurisprudence, known as Usul al-Fiqh, is a pivotal area of study within the field of Islamic Law.

1. Islamic Jurisprudence ( Usul Al- Fiqh ) 1 Mr. Iqbal Saujan Temp. Assist. Lecturer in Islamic Law & Legislation Department of Islamic Studies, FIA [email protected]

2. Contents 5/31/2023 Islamic Jurisprudence 2 Definition of Usul al- fiqh Subject matter of Usul al- fiqh Objectives of studying Usul al- fiqh Historical Development of Usul al- fiqh

3. Definition of Usul al- Fiqh 5/31/2023 Islamic Jurisprudence 3 Two considerations: Firstly; based on the components of the two words: usul and Fiqh Secondly; usul al- fiqh as a discipline of knowledge or science of Islamic discipline In generally, the rules of fiqh are thus derived from the Qur'an and Sunnah in conformity with a body of principles and methods which are collectively known as usul al- fiqh .

4. Fiqh ( فَقَهَ ) 5/31/2023 Islamic Jurisprudence 4 Fiqh derived from the root word Fahm ( فهم ) : Comprehension or deep understanding. Technically: العلم بالأحكام الشرعية العملية المكتسبة من أدلتها التفصيلية “ Fiqh is the knowledge of the legal rules, pertaining to the conduct (of Human beings), that have been derived from their specific evidence.”

5. Usul Al - Fiqh ( أصول الفقه ) 5/31/2023 Islamic Jurisprudence 5 أصول الفقه : هو معرفة دلائل الفقه الإجمالية، وكيفية الاستفادة منها، وحالة المستفيد “ Usul al- Fiqh is the knowledge of the proof of fiqh in general, and the manner of their utilization and the condition of the one who utilizes them (Mujtahid) ” The Hanafi school of law defines usul al- fiqh as the knowledge of the principles that can be reached to the derivation of the rules from its sources or the principle of derivation of the rules. Shafi’i jurists define usul al- fiqh as the knowledge of the proofs of fiqh in general, methods of deriving the rules from proofs and position of a person who derives the rules.

6. Continue… 5/31/2023 Islamic Jurisprudence 6 Al-Razi: It is an expression that incudes all the evidences leading to fiqh when these are considered in a broad sense, and for the legal reasoning proceeding from these evidences as well as from the status of the person undertaking such reasoning. Al- Shawkani : It is the knowledge of principles by means of which one has as access to the derivation of the commands of the shari'ah relating to the conduct of man on the basis of its detailed evidences.

7. Continue… 5/31/2023 Islamic Jurisprudence 7 Thus usul al- fiqh is concerning with the principles and methodologies of deriving Islamic Law. These definitions despite verbal diversity highlight substantially the same. It may be understood from these definitions that usul al- Fiqh applies to the knowledge of three things : namely The proofs (sources) of fiqh in general The method of utilization , and The condition of a person who utilizes them.

8. Relationship between usul al- fiqh and fiqh 5/31/2023 Islamic Jurisprudence 8 Fiqh is the knowledge of the rules relating to a conduct of person (sayings or doings) or the rules themselves. It principally consists of tow main divisions: Devotions (ibadah) like fasting etc..; Civil matter ( adat / muamalat ) e.g. rules relating to family ( munakahat ), crime ( jinayah ), transaction ( mu’amalat ), etc.,

9. Continue… 5/31/2023 Islamic Jurisprudence 9 Usul al- fiqh is the knowledge of principles or methodologies of deriving the rules (relating to a conduct of person; sayings or doings) from specific sources or the principles or methodologies themselves. Thus, these two disciplines are inter related as their common object is to derive Islamic Law. The jurist or scholar of fiqh has to rely on the principles and methodologies that have been laid down by the scholar of usul al- fiqh in deriving the law

10. Continue… 5/31/2023 Islamic Jurisprudence 10 Ibn Qudamah , the Hanbali Jurist Mentions: Fiqh is the knowledge of the commands of the shari’ah relation to the act of man, such as halal, haram, valid, invalid and etc. and usul al- fiqh means the proofs of fiqh which lead to it in general and not in respect of details. A Legal theorist ( Usulist ) deals with the general rules and fundamental principles ( Adillah ijmaliyyah ) as they lead to the command of shari’ah . The jurist or scholar of fiqh ( Fuqha ) has to rely on the principles and methodologies that have been laid down by the scholar of usul al- fiqh in deriving the law

11. Subject Matter of Usul al- Fiqh 5/31/2023 Islamic Jurisprudence 11 Proofs or Sources ( al- adillah ) of Islamic law e.g. Al-Quran, Sunnah, Ijma, Qiyas, Maslah Mursalah etc. Rules of Islamic law ( al- ahkam ) and the components of the rules: Law giver (Hakim), The act of the subject ( Mahkum Fihi ), the Mahkum ‘ alaihi i.e. a person who is addressed by the law- mukallaf Conflicts of proof and preference ( al- ta’arud wa al- tarjih ) Mujtahid : person who derives the rules. Thus, the subject of usul fiqh consists of all principles and methodologies which are necessary for the jurists ( faqih ) to Lely upon in the derivation of the rules.

12. Objectives of Studying Usul Al- Fiqh 5/31/2023 Islamic Jurisprudence 12 Have an ability of deriving the rules (Islamic law) i.e. ability to exercise ijtihad and to give preference when there is a conflict of laws. Have an ability of comparing the Islamic laws as propounded by the different schools. This is because the law is based on proofs, so we may know whether the laws of each school is based on a strong and valid proofs.

13. Continue… 5/31/2023 Islamic Jurisprudence 13 3. To know the methodology and principles used by the jurists of different school of laws in deriving the rules, Enable a person to understand the basic principles and proofs that have been relied upon by the jurists of different school of law in their ijtihad. So that we are able to understand the Islamic law better. We clearly understand that Islamic law is not merely based on opinion but it is based on legal proofs either from the Qur’an and sunnah or the principles which derived from the Qur’ah and Sunnah for example istihsan , masalih mursalah etc. These principles are derived from the Qur’an.

14. Historical Development of Usul al- Fiqh 5/31/2023 Islamic Jurisprudence 14 Usul al- fiqh exists as the fiqh exists When there is fiqh , it is necessarily that there is usul al- fiqh Nevertheless the compilation of fiqh begins before the compilation of usul al- fiqh Because there is no necessity for compilation of usul al- fiqh at early period. There is no need for the principles of usul al- fiqh during the period of prophet (PBUH) since the prophet himself is the source of reference.

15. Continue… 5/31/2023 Islamic Jurisprudence 15 After the death of the prophet (Saw), there arise many events and cases which require exercise of opinions ( ijtihad ) and derivation of the rules from the Quran and the sunnah of the prophet (saw). As regards the companions of the prophet (saw) who are knowledgeable and familiar with the rules of extraction from the two sources, they do not rely in need of the principles to derive the law when exercising ijtihad as they are well versed and familiar with Arabic language and its grammar.

16. Continue… 5/31/2023 Islamic Jurisprudence 16 They also well understand with the rule of interpretation of legal text and the spirit and objective of the shari’ah as well as the reasons of the revelation of the Quran and the reasons of the coming of sunnah. Therefore, during the period of the companions, usul al- fiqh was not also compiled. As the principles of usul al- fiqh has already exited and developed in their heart and mind and were not formally expressed.

17. Continue… 5/31/2023 Islamic Jurisprudence 17 Similarly during the period of the successors ( tabi’un ). This is due to the fact there is no necessity towards it. Furthermore, the period of tabi’un is also closed to the period of the prophet (saw) and they learned the principles and methodology of ijtihad from the companions. The need to the compilation of usul-fiqh appeared in the period after the Tabiun as the Islamic territory has expanded. This is due to several factors:

18. Continue… 5/31/2023 Islamic Jurisprudence 18 Mixing of Arab with non-Arab. Problems and cases require the exercise of ijtihad increase The emergence of many mujtahids with different methods if derivation of law Arising of discussion, arguments and dispute among the scholars of fiqh e.g. school of Hadith in hijaz and school of opinion in Kufah , Iraq.

19. Continue… 5/31/2023 Islamic Jurisprudence 19 The above factors led to a conclusion that it is necessary for the jurists to lay down the principles and methodology of deriving the rules in order to be reference for the jurists in exercising ijtihad. So that they arrive at Islamic law with a correct/ right opinion. Those principles which are relied upon by the mujtahid in deriving the rule i.e. the rule of interpretation and its principles, the objectives and spirit of the shari’ah , consideration of public interest, the methodologies adopted by the companions while deriving the law, etc. are known as usul al- fiqh .

20. Continue… 5/31/2023 Islamic Jurisprudence 20 It said that the first who wrote on usul al- fiqh is Abu Yousuf , the disciple of Imam Abu Hanifa . However, the book did not reach us until today. The famous view writes of the jurists asserts that first who writes on usul al- fiqh is Imam al- Shafi’I (d.204h) in his famous work al- Risalah . After Imam al- Shafi’i , Imam Ahmad bin Hanbal has written on ‘ Ta’ah al-Rasul (Obedience to the Prophet i.e. sunnah as one of the source of law), on al- Nasikh wa al-Mansukh (Rule of abrogation).

21. Continue… 5/31/2023 Islamic Jurisprudence 21 Afterwards, many books on usul al- fiqh were written and extended by the Muslim jurists, eg : al- usul by al- Jassas (al-Hanafi) (d.370H) al-Burhan by al- Juwayni (al- Shafi’i ) (d.413) al- usul by Fakhr al-din al- bazdawi (d.482H) al- Mustasfa by al-Ghazali (d. 505H).

22. Thank you Mr. Iqbal Saujan Temp. Asst. Lecturer in Islamic Law & Legislation Department of Islamic Studies, FIA [email protected]