Usul al-Fiqh, or the principles of Islamic law, is the science that enables Jurists or Muslim experts of law (Mujtahids), to extract Islamic rulings from their sources.
The sources of Islamic law are:
- The Qur’an
- Sunnah of the Prophet and the Twelve Imams
- Consensus of Shi‘a Jurists (Ijma)
- Reason (Aql)
Usul in Arabic means principles, and Fiqh has come to mean Islamic law. Therefore the name of this science gives an indication to its function: to give the general principles through which Islamic law can be derived.
Imam Muhammad al-Baqir (a.s) and Imam Ja‘far al-Sadiq (a.s) are credited with the development of this science and their students are credited with its spread and dissemination. The Imams gave instructions to their students on how to interpret the sources of Islamic law, and their students taught others and so on.
Scholars have divided Usul al-Fiqh into six main categories or areas of study:
1) The indications and usages of words (mabahith al-alfadh), where the meanings of words and phrases in various contexts are studied, in an attempt to answer questions such as:
- Does the word being investigated imply a command or a prohibition?
- Is it used in a general or specific sense in this instance?
Answering questions such as these will aid Jurists to better understand the language used in the Qur’an and Sunnah.
2) Rational concomitance and non-rational concomitance (Al-Mulazamat al-aqliyawal mulazamatghayr al-aqliyah) reviews the connection, understandings and conditions between words.
3) Evidences (Mabahith al-hujjah), where study is focused on what constitutes authoritative legal evidence that can be used as a basis for a religious ruling. Questions such as: Does a statement with an apparent meaning constitute legal evidence?
4) Procedural principles (al-Usul al-amaliyyah), which is the study of practical steps that are to be followed by a Jurist when there is no sufficient evidence to reach a legal ruling.
5) Conflict between evidence (al-ta’adulwaltarajih), which is the study of the steps to be taken by a jurist when there is clear conflict between evidence.
6) Ijtihad, where the scholars discuss the legality, necessity, procedures and conditions for the practice of Ijtihad (where a jurist derives independent scholarly rulings).
Before a Jurist can issue rulings, he needs to have the correct methodology in place. Usul al-Fiqh is the science of this methodology and when a Jurist has mastered it, he is then able to produce and justify rulings.
Usul al-Fiqh, or the principles of Islamic jurisprudence is the discipline concerned with the study of the methods employed in the deduction of Islamic laws from their sources. Usul literally means principles, roots or foundations and Fiqh is the word commonly used to describe Islamic law or jurisprudence.
According to the definition of Abu Ja‘far Muhammadibn al-Hasan al-Tusi (460AH/1067AD), one of the most influential figures in Shi‘a scholarship, and the founder of the seminary in Najaf, Usul al-Fiqh are the evidences of Fiqh upon which jurisprudential edicts are based.[1]
This definition should not be misunderstood as meaning that the Usul are the literal evidences for jurisprudential rulings, as this science does not overly concern itself with the detailed evidences of Fiqh. However, it forms the basis upon which evidences from the sources of legislation can be understood. In this regard, the subject of this science has been a source of dispute, which impacts the way in which various scholars define this science, its scope, subject matter and purpose.
Some scholars have argued that it is exclusively concerned with the examination of the four sources of legislation (Qur’an, Sunnah, Consensus and Reason), while others, especially more contemporary twentieth century scholars such as al-Mudaffar, al-Khu’i and al-Sadr, believe that Usul al-Fiqh should not be limited to narrow confines but should be able to investigate any possibility that would assist in the process of deriving the juridical laws from the four sources.
Usul al-Fiqh is regarded as a prerequisite and preamble to Fiqh itself, as jurists need to follow methodologies that insure accurate deductive processes are always employed. It should be noted that the science of Fiqh is a wholly separate discipline to that of Usul al-Fiqh. What connects these two separate sciences is Ijtihad, which is the practice of independent juristic reasoning to derive Islamic laws from their sources.
When a Jurist or Faqih decides to practice Ijtihad he/she needs the assistance of Usul al-Fiqh, so that he/she is aware of which sources to consult, in which order, and secondly his/her interpretation of the sources are based on sound and well-thought out methodologies. In other words, Usul al-fiqh plays a great role in regulating the process of Ijtihad. Usulal-Fiqh equips the jurist with general principles that are to be used to derive a particular ruling through the practice of independent juristic reasoning. Given the aforementioned relationship between Ijtihad and Usul, an appropriate definition of Usul al-Fiqh would be: “the science of the sources and methodology” of Islamic jurisprudence (fiqh).[2]
History
There are many varying accounts regarding the origins of the term Usul al-Fiqh, and more importantly who formulated and set the foundations of this science.
The most common narrative states that it was Muhammad ibn Idris al-Shafi‘i (204AH/820AD), who established the Shafi‘i School of Jurisprudence, and set the foundations of the science of Usul al-Fiqh in his treatise al-risalah.
However, it must be noted that jurists hold that Usul al-Fiqh existed before Fiqh itself, as the Companions and scholars of the formative Islamic period did not arbitrarily make up laws, but deduced them from the sources according to set principles and rules. Therefore, even though jurists before al-Shafi‘i did not have a source dedicated to Usul al-Fiqh, such as al-risalah, to refer to, they were inadvertently following rules that were later incorporated in al-Shafi‘i’s work.
Also notable in this regard is the Shi‘a position that Imam Muhammad al-Baqir (a.s) (114AH/743AD) and Imam Ja‘far al-Sadiq (a.s) (148AH/765AD) were the founders of the science of Usul al-Fiqh, which they did by explaining the principles upon which deduction of law should be carried out. Their followers and students recorded their narrations, which became the basis of Usul al-Fiqh amongst Shi‘a jurists.
Three Stages in the Development of Shi’a Principles of Jurisprudence
According to Muhammad Baqir al-Sadr (d. 1980) there have been three stages in the development of Shi‘a principles of jurisprudence:[3]
1) The first is what al-Sadr describes as a preliminary stage in which the foundations and principles of the science were first laid in the era of the fifth and sixth Imams, Muhammad al-Baqir (a.s) and Ja‘far al-Sadiq (a.s). Al-Sadr and other traditionalists assert that the Imams used to teach their students and close followers’ methodologies of deduction that are used in the interpretation of the Qur’an and Sunnah. Further, the Imams encouraged these students to practice these methodologies and undertake Ijtihad. This preliminary stage is believed to have lasted until the time of Shaykh al-ta’ifah al-Tusi in the 5th/11th century. Al-Tusi is seen by al-Sadr as being the dividing personality between the first and the second stage, which he calls the “era of knowledge” asr al-‘ilm.[4]
2) Al-Tusi is seen as the pioneer of and one of the most influential scholars in this second stage of Usul development, which spans until 12th/18th century. Al-Tusi's most significant work on Usul al-Fiqh is al-‘uddah, which clearly demonstrates the development and maturity of Usul thinking in line with the ever expanding scope of jurisprudential study at this stage. Other significant personalities in the second stage of Usul development are Mohammad ibn Idris al-Hilli (598AH/1202AD), al-Muhaqqiq al-HillI (676AH/1277AD) and al-Al Amah al-HillI (726AH/1325AD).
3) The third stage in the development of Usul, according to Muhammad Baqir al-Sadr, is what he calls “the era of scientific fruition” in which the science of Usul al-Fiqh was revived after suffering from a long period of stagnation, neglect and even inhibition. In the 12th/18th the Akhbari movement became the predominant force in centers of Shi‘a learning such as Karbala, which was to the obvious determent of Usul al-Fiqh scholarship. Al-Sadr’s “era of scientific fruition” is prompted by the appearance of Muhammad Baqir al-Bihbahani (1205AH/1791AD), known as al-Wahid al-Bihbahani, who is credited with vigorously opposing Akhbarism and reinstating the study and spread of Usul al-Fiqh, to which he dedicated much of his academic endeavors. The disciples of al-Bihbahani became masters of this discipline in their own right, championing what is known as the ‘Usul School’ against their Akhbqri rivals, solidifying Usuli prominence in Twelver Shi‘ism. They played an instrumental role in the advancement of Usul al-Fiqh through their written works.
The works of Muhammad Mahdi al-Tabataba’i, known as Bahrululoom (1212AH/1797AD), Abul Qasim al-Qummi author of Qawanin al-usul (1231AH/1816AD), Ja’far al-Janaji, known as Kashif al-Ghitaa (1227AH/1812AD) and Ali al-Ṭabataba’i, author of Riyadh al-Masa’il (1231AH/1816AD) were influential at this time. This group taught the later generations whom in turn tutored one of the greatest Shi‘a scholars, al-Shaykh Murtada al-Ansari (1281AH/1864AD) who in turn “systematically revised and reconstructed” Usul al-Fiqh, “and expanded the horizons and dimensions of this discipline.”[5] Furthermore, al-Ansari’s Usuli works continue to heavily influence scholarship to this day, with his masterwork ''Far’ia al-Usul'' still in use as a textbook in Shi‘a seminaries (Hawzah).
Areas of Study
Classifying the main areas of research which form the science of Usul al-fiqh is a difficult task because the scholars of Usul have differed in the arrangement of the divisions and subdivisions. An overview of the six classifications are as follows:.
1- The indications and usages of words (mabahith al-alfaz)
This is the area that studies the various indications and meanings of words in the context in which they are used.
In this regard, this category of Usul investigates the meanings attached to words, and asks questions such as;
- Are the words being investigated used in a general or specific sense?
- Does their usage signify a metaphorical meaning?
- Does the form used usually indicate a command or prohibition?
Questions such as these, aid the jurist to correctly understand the words of the Qur’an and Sunnah. In this section, study focuses on the:
- mushtaq (derivatives)
- awamir wal nawahi (commands and prohibitions)
- mafahim (implied meanings)
- aam wa al-khas (general and specific)
- mutlaq wa muqayyad (absolute and restrictive)
- mujmal wa mubayyan (equivocal and unequivocal)
2- Rational concomitance and non-rational concomitance (Al-Mulazamat al-aqliya wal mulazamat ghayr al-aqliyah)
In this section the scholars discuss the connection and relationship between words and understandings and conditions.
They separate the coexistence of these into:
- Mulazamat aqliyah (rational coexistence)
- Mulazamat ghayr al-aqliyah (non-rational coexistence)
The criteria for classifying the coexistence of a word, understanding or condition into one of these two is whether both the preliminary clause and the result are based on rational deduction (in which case it is rational coexistence) or when either the preliminary clause or the result or both are based on non-rational reduction (in which case it becomes a non-rational coexistence).
Husn and Qubh al-aqli (rational goodness and evil) are discussed in the rational coexistence section and Ijzaa (sufficiency), muqadamat wajib (preliminary to an obligation), al-dhid (prohibitive commands), ijtimaa amr wa nahi (opposing commands) are discussed in the non-rational concomitance section.
3- Evidences (mabahith al-hujjah)
This category investigates what constitutes legal evidence (dalil shar‘i).
Examples to questions typical of this category are:
- Does an apparent meaning have the authority of legal evidence?
- Does a sole narration (Khabar al-wahid) have the authority of legal evidence?
These and other questions regarding what constitutes legal evidence are vital for a jurist to be able to base his rulings on sound and authoritative evidence. The chapters of this section are studied for the authoritative strength of their evidence: Kitab (Qur’an), Sunnah (narrations and actions of the Infallibles), Ijmaa (consensus), Aql (rational method), Dhawihir (prima-facie meaning), Shuhra (prevalence of narrations), Sirah (normative practice of the reasonable and believing people), Qiyas (analogy), Istihsan (discretionary opinion), Masalih mursala (unsanctioned benefits), Sad al-tharai’i (preventing the means to do bad), Urf (common or customary understanding).
The acceptance of each of these as evidence is then debated, with some approved in the Shi’a school, and others rejected though they are included in other schools.
4- Procedural principles
This category investigates the logical procedural principles that are to be followed by jurists in cases where they are unable to attain sufficient evidence for a legal ruling. Principles such as the primacy of rational caution (asalat al-ihtiyat) and the primacy of exemption (asalat al-bara’ah) play an important role in guiding a jurist to the ruling of a certain matter. The principles of Takhyir (optional choice) and Istishab (presumption of continuity) are also analyzed in this section.
5- Conflict between evidences and conflict between procedural principles (al-ta‘adul wal tarajih)
This category investigates the practical steps a jurist is to take when there is a clear conflict between evidences or between procedural principles. Ta’arudh and tazahum (conflict and emulation of proofs), hukumah and wurud, jami, murajahat (preferring attributes).
6- Ijtihad
Daleelrawai, daleel aqli, mutlaq and mutajazi, aalam.
Contemporary Relevance
The study and mastery of Usul al-Fiqh allows jurists to carry out a contextualized reinterpretation of Islamic laws in the face of new developments and challenges.
This process has been and continues to be of paramount importance in modern times especially given the drastic social, political and scientific shifts that have taken place in the past two centuries. These developments have raised pressing ethical and legal questions, some of which have never been posed, which required jurists to revisit some laws and reinterpret them using alternate methodologies. However, when the issues posed were completely novel and had never before been subjected to juridical investigation, jurists had to rely on the ethical frameworks provided by the textual sources as guidelines, and the principles provided by Usul al-Fiqh in their deductive endeavors.
Examples of such issues can be found in the juristic responses to medical breakthroughs such as organ donation and surrogacy, technological advancements such as the development of weapons of mass destruction, and social and political developments such as the concepts of citizenship and universal human rights. The Usul scholars have ensured, through the development of the science of Usul al-fiqh, that they are always equipped, at least theoretically, to deal with the questions posed to Muslims by the ever-changing circumstances of life and society.
The Traditional Stages of Learning Usul
In the Islamic seminary (hawzah), the Usul al-Fiqh syllabus is comprised of various books that are taught in succession, and these books represent the gradual depth of study.
Students usually commence their study in the preliminary stage (muqaddimat) by studying Arabic grammar, Logic, and Morphology, as these sciences are prerequisites to the study and understanding of usul.
The study of usul proper starts in the intermediate seminary stage (sutuh) with the book ‘Ma‘alim Addin’ by Hasan b. Zain al-Din al-Amili al-Jab‘i (1011AH/1602AD).
However, more recently this book as been substituted by a number of more contemporary books whose language and style are more accessible to students.
These books are Muhammad Baqir al-Sadr’s ‘Durusfi ‘Ilm al-Usul,’ commonly known as ‘al-Halaqat,’ which has been taught in both the Najaf and Qum seminaries for the past three decades. Further, ‘Ja‘far Subhani’sal-Mujaz fi Usul al-Fiqh’ and ‘al-Wasit fi Usul al-Fiqh,’ are now used as introductory and intermediate text books in Qum.
While, Bashir Hussain al-Najafi’s ‘Mirqat al-Usul is being used as a introductory book in Najaf. After the introductory stage to the science of Usul, a student would go on to study Usul al-Fiqh by Muhammad Ridha al-Mudhaffar.
In earlier times, other texts such as ‘Qawanin al-Usul’ by Abul Qasim al-Qummi (1231AH/1816AD) were studied, though not so much nowadays. This is followed by ‘FarA’id al-Usul’ or ‘Al-Rasa’il’ by Murtada al-Ansari, and finally the last book taught before independent research is ‘Kifayat al-Usul’ by Muhammad Kazim al-Khurasani (1329AH/ 1911AD).
Primary sources for Usul al-Fiqh:
Some of the primary sources for Usul al-fiqh currently used in traditional ShI‘a seminaries (Hawzah) are as follows in chronological order of their authors:
- Al-Dhari‘ah ila Usul al-shari‘a by al-Sharif al-Murtada, Ali b. al-Husayn al-Musawi (436AH/1044AD)
- Al-uddah fi Usul al-Fiqh by AbuJa‘far Muhammadibn al-Hasan al-Tusi (460AH/1067AD)
- Ma‘arij al-Usul by al-Muhaqqiq Ja‘far b. al-Hasan al-HillI (676AH/1277AD)
- Mabadi’ al-Usul by al-Allamah Hasan b.Yusuf al-Hilli (726AH/1325AD)
- Al-Wafiyah fī Usul al-fiqh by al-Fadhil al-Tuni, Shaykh Abdullah b. Muhammad al-Bashrawi(1071AH/1660AD)
- Al-Fawai’d al-Ha’iriyah by al-Wahid al-Bihbahani Muhammad Baqir al-Isfahani (1205AH/1791AD)
- Qawanin al-Usul by al-Muhaqqiq al-Qummi, Abul Qasim b. Hasan al-Gilani (1231AH/1816AD)
- Hidayat al-Mustarshidin by Muhammad Taqi al-Razi al-Isfahani (1248AH/1833AD)
- Al-Fusul al-Gharawiyah by Muhammad Hussain al-Hairi al-Isfahani (1261AH/1845AD)
- Fara’id al-Usul by al-Shaykh Murtada al-Ansari (1281AH/1864AD)
- Kifayat al-Usul by Akhund Muhammad Kazim al-Khurasani (1329AH/1911AD)
- Fawaid al-Usul by Muhammad Ali al-Kadhimi (1365AH/1946AD)
- Usul al-Fiqh by Muhammad Ridha al-Mudhaffar (1383AH/1964AD)
- Durusfī ‘Ilm al-Usul by Muhammad Baqir al-Sadr (1400AH/1980AD)
- Ajwad al-Taqrirat by Abul Qasim al-Khoei (1413AH/1992AD)
Bibliography and Further Reading
- Al-Mudhaffar, Muhammad Ridha. Usul al-Fiqh, Manshural al-Fairuzabadi, Qum.
- Mughniyyah, Muhammad Jawad. ‘Ilm Usul al-Fiqh fī Thawbihi al-Jadid, Dar al-Jawad, 1988, Beirut.
- Al-Sadr, Muhammad Baaqir. Durusfī Ilm al-Usul, Maktabat al-Madrasah, 1986, Beirut.
- Al-Sadr, Muhammad Baaqir, Trans. Roy Parviz Mottahedeh. Lessons in Islamic Jurisprudence, Oneworld, 2003, Oxford.
- Kamali, Mohammad Hashim. Principles of Islamic Jurisprudence, Islamic Texts Society, 2003, Cambridge.
[1]Al-Tusi, Abu Ja‘far Muhammab b. Hasan. Al-‘uddahfī Usul al-fiqh, Mu’assasat AlulBaitlil Tiba ‘ah walNashr, Vol. 1, p.18.
[2]Kamali, Mohammad Hashim. Principles of Islamic Jurisprudence, The Islamic Texts Society, Cambridge, 2003, p. 1.
[3]Al-Sadr Muhammad Baaqir.Al-ma ‘alim al-jadidahlil Usul, al-Mu’tamar al-Alamilil Shahid al-Sadr, 1412/1990, p. 110.
[4]Ibid.
[5]Modarressi, Hossein, Rationalism and Traditionalism in ShI‘I Jurisprudence: A Preliminary Survey, StudiaIslamica, No. 59 (1984), 141-158.