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Usul Al Fiqh Al Islami

Usul Al Fiqh Al Islami

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Published by: Tamim Moeen on Jul 02, 2011
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USUL AL FIQH AL ISLAMI
SOURCE METHODOLOGY IN ISLAMIC JURISPRUDENCE:
Methodology for Research and Knowledge
Taha Jabir Al Alwani
English Edition by
Yusuf Talal DeLorenzoA. S. Al Shaikh-AliThe International Institute of Islamic Thought
Herndon, Virginia USA
 Research Monographs No.
(1)© 1411 AH/1990 AC byThe International Institute of Islamic ThoughtISBN 0-912463-56-2
Dedication
We present this study to those Muslim youth who are searching for a ray of light inthe deepest darkness that surrounds us, and who are seeking a solution and a wayout of the crisis that currently overwhelms us; in the hope that it may be of benefitto them,
in Sha'a Allah
.
ContentsA Word From the EditorsIntroductionChapter One
Usul al Fiqh: Methodology for Research and Knowledge in Islamic Jurisprudence
 
 
Definition
 
Subject Matter
 
Benefit
 
The Sciences From Which
Usul al Fiqh
Derived its Academic Basis
 
Origins and Development of 
Usul al Fiqh
 
 
Methods For Deriving Rulings From the Sources
 
Chapter Two
The Sahabah who Gave Fatawa During the Prophet's Lifetime
 
 
The Era of the Great
Sahabah
 
 
The Time of Abu Bakr al Siddiq
 
Special Features of Fiqh in that Period
 
The Time of 'Umar Ibn al Khattab
 
The Time of 'Uthman Ibn 'Affan
 
The Time of 'Ali Ibn Abu Talib
 
The
Fuqaha' 
Among the
Sahabah
and the
Tabi'un
 
Chapter Three
 Legislation After the Time of the Sahabah
 
 
After the
Tabi'un
: The Time of the
 Mujtahid 
Imams
 
Rationalists and Traditionists:
 Ahl al Hadith
and
 Ahl al Ra'i
 
Chapter Four
 Al Imam al Shafi'i
 
 
The Method of al Imam al Shafi'i in His Book:
 Al Risalah
 
Chapter Five
Usul al Fiqh After al Imam al Shafi'i
 
 
Developments in
Usul Al Fiqh
After al Imam al Shafi'i
 
The Role of the Followers of Abu Hanifah in the Writing of 
al Usul
 
 
The Methods of the Followers of al Imam al Shafi'i, or the Mutakallimun,and those of the Hanafiyah
 
The Method of the Hanafi Scholars of 
al Usul
 
 
The Science of 
Usul al Fiqh
During the Sixth Century AH and TheFollowing Period
Chapter Six
 Issues Related to Ijtihad 
 
USUL AL FIQH: METHODOLOGY FORRESEARCH AND KNOWLEDGE IN ISLAMICJURISPRUDENCE
 
 Definition:
 The science of Source Methodology in Islamic Jurisprudence
Usul al Fiqh
hasbeen 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 orto at least a reasonable assumption concerning the same; the manner by which suchproofs are adduced, and the status of the adducer.1 
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 judgementsare derived from their particulars; though after, in cases where texts may appearmutually contradictory, preference has been established.2 
 Benefit:
 The science of 
Usul al Fiqh
engenders the ability to have knowledge of Shari'ahrulings through study, on the part of those qualified to perform Ijtihad and whomeet all its requirements, of the legal proofs revealed in the sources by theLawgiver.The benefit to be had from this science to those not qualified to perform Ijtihad isthat, through their study of the classical schools of legal thought
madhahib
of the
mujtahidun
(those who practise Ijtihad) and the reasoning behind their rulings, thestudent of Source Methodology in Islamic Jurisprudence is enabled to understandthe various schools of thought, to analyze them, to choose from among theirinterpretations and assign preference, and to adduce legal arguments on the basis of the principles formulated by the classical
mujtahidun
.
THE SCIENCES FROM WHICH USUL AL FIQH DERIVED ITSACADEMIC 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 beenderived from several other disciplines:a.
 
Some are derived from the science of Aristotelian logic, which thephilosopher-theologian writers
 Mutakallimun
had become accustomed todiscussing in the introductions to their works. These academic discussionsdealt, for example, with the ways in which words convey meanings, the

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