Author: Abu Raef
The Role of Muslims in the Formation and Development of Sciences (Part 50)
The Science of Usul al-Fiqh (Principles of Islamic Jurisprudence):
Among the various achievements of Islamic civilization, the science of Usul al-Fiqh deserves special mention. This discipline is unique to the Muslim Ummah and is unparalleled among all previous and even later nations. No other nation has developed an independent science with such precision and completeness to structure and stabilize its religious laws and regulations.
As noted by Imam Ibn Khaldun, Usul al-Fiqh is a newly emerged science within the Muslim community. It is considered one of the greatest and most valuable Islamic sciences due to its broad utility. This discipline studies the sources of Islamic law with the purpose of understanding how legal rulings are derived from them. In other words, Usul al-Fiqh introduces the principles and evidence by which Shariah rulings can be deduced.
The primary goal behind the development of this magnificent science was to serve Islam and its legal system in regulating human voluntary behavior.
The initial sparks of this science emerged when differences of opinion arose among jurists regarding methods of deducing rulings. Some adhered to certain principles and methodologies that others did not accept. Eventually, these disagreements created the necessity to establish reliable and Shar‘i-approved arguments to distinguish correct from incorrect opinions and to prioritize stronger views over others. This led to the emergence of early writings in the form of legal treatises, which set out rules to differentiate valid and invalid sources of Islamic law. [1]
Imam Muhammad ibn Idris al-Shafi‘i was the first to author works on Usul al-Fiqh. He wrote famous books such as Al-Risalah, Jima‘ al-‘Ilm, Ibtal al-Istihsan, and Ikhtilaf al-Hadith, through which this science was born and began to grow.
Imam Ibn Khaldun May Allah mercy on him said: “The first person to write a book in the science of Usul al-Fiqh was Imam al-Shafi‘i (MABH) He dictated his famous Risalah in which he discussed commands and prohibitions, explicit and implicit expressions, abrogation (naskh), and the ruling of analogical reasoning (qiyas) based on a stated cause. [2] After him, Hanafi jurists wrote on the subject, examined these principles, and expanded upon them. Hanafi scholars held a strong position in deriving legal principles and codifying these rules based on fiqh-related issues.
Among them, Imam Abu Zayd al-Dabusi, one of the great scholars of the Hanafis, authored a broad treatise on analogical reasoning (qiyas), completing the discussions and conditions required for its application. Through his writings, Usul al-Fiqh reached perfection, its topics were organized, and its principles were firmly established.
Subsequently, scholars adopted the methodology of the Mutakallimun (theologians) in this science. Some of the best works produced by the theologians include Al-Burhan by Imam al-Haramayn al-Juwayni and Al-Mustasfa by Imam al-Ghazali, both of whom were Ash‘aris.
Likewise, Al-‘Ahd by ‘Abd al-Jabbar and its commentary Al-Mu‘tamad by Abu al-Husayn al-Basri were authored by Mu‘tazili theologians. These four books became the foundational pillars of this science.
Later, two prominent theologians summarized these four books:
Imam Fakhr al-Din al-Razi (d. 606 AH) in his Mahsul, and Imam Saif al-Din al-Amidi in his Ihkam. [3]
Scholars from all Islamic schools of thought made significant efforts to derive the foundational principles so that a clear methodology would be available for any jurist aiming to deduce Shariah rulings concerning voluntary human behavior from the Islamic sources. These efforts were meant to prevent legal inference from being disorderly or unprincipled. The result of this deep and analytical endeavor was the birth of an extremely precise and intellectual science known as Usul al-Fiqh—a science with no parallel in any previous nation.
Moreover, even non-religious lawmakers who formulated their legal systems based on human preferences and worldly interests have acknowledged the greatness and sophistication of Islamic Usul al-Fiqh. They have even benefited from some of its principles, particularly in areas related to language interpretation, analogy (qiyas), public interest (masalih mursalah), and attention to the five foundational maqasid (objectives) of Islamic law—namely, the preservation of religion, life, intellect, progeny, and property.
Thus, anything that protects these overall objectives—or even part of them—is considered beneficial (maslahah), and anything that harms them is a form of corruption (mafsadah). These objectives are divided into different levels: Zaruriyyat (essentials), which hold the highest rank and include various subcategories; Hajiyyat (needs), which are of a middle level and also have their own sublevels; Tahsiniyyat (complementary benefits), which are at the lowest level but still subdivided. [4]
Therefore, Usul al-Fiqh is an Islamic innovation and a major contribution to Islamic civilization. Through the principles and rules, it provides, Muslim scholars have been able to derive needed legal rulings and resolve countless issues related to newly arising situations.
This science represents one of the key areas in which Muslims played a pivotal role. It clearly demonstrates the deep insight and intellectual rigor of Muslim scholars and thinkers, as evident from its historical development and foundational process. Islamic jurists, by relying on major sources of Islamic law—the Noble Qur’an, the Sunnah of the Prophet (PBUH), consensus (ijma‘), and analogical reasoning (qiyas)—were able to derive and establish the principles of Islamic jurisprudence.
Continues…
Previous Part
[1] – What did the Muslims give to the world? p. 382, citing Islamic Civilization, written by Abd al-Rahman Hassan Habannaka al-Maidani, p. 518.
[2] – It should be noted that many Hanafi jurists believe that the first person to discuss and debate in the field of legal theory (Usul al-Fiqh), and to author a work on it, was Imam Abu Yusuf (may God have mercy on him), one of the three Imams of the Hanafi school. Then, Imam Shafi’i (may God have mercy on him) did this. However, since Imam Abu Yusuf’s work in this field is not independently available and has been transmitted within other books of legal theory, it has been assumed that the first work in this field was by Imam Shafi’i (may God have mercy on him).
[3] – Ibn Khaldun, Abd al-Rahman Ibn Muhammad, Tarikh Ibn Khaldun, vol. 1, p. 576, Dar al-Fikr, Beirut, Lebanon.
[4] – What did the Muslims give to the world? p. 384.
