Al-Waadih Fee Usool ul-Fiqh by Muhammad Hussein Abdullah

The Islamic State expanded greatly, reaching China in the East and Andalus in the West and it incorporated under its wings nations from a variety of origins and a number of languages.

In order to foster the affairs of this State it was essential to have laws which were derived from Islaam, from the Qur’aan, the Sunnah and from other sources that the Wahi had guided to, in order to treat the pressing and newly occurring problems. So the Muslims referred back to them; the rulers, judges, groups and individuals, in response to this pressing need. Consequently, the Muslim ‘Ulamaa went forth in the second Hijri century expending their efforts to deduce and extract rulings from the Islamic Shar’iyah texts to treat all the problems and interests that arose.

The talents and Ijtihaadaat of some of the ‘Ulamaa shone out above some of the others like those of the four Madhaahib (Schools of Fiqh): Abu Haneefah, Ash-Shaafi’iy, Al-Hanbaliy and Al-Maalikiy. Others who stood out included Sufyaan Ath-Thawriy, Al-Awzaa’iy and Al-Hasan Al-Basriy amongst others.

These held a position in respect to Usool ul-Fiqh that was started by Al-Imaam Ash-Shaafi’iy.

The followers (Ashaab) of Ash-Shaafi’iy explained his Risaalah in Usool ul-Fiqh and clarified what came in it. These included the like of Abu Bakr Muhammad Ash-Shaibaaniy An-Naisaabooriy, Muhammad Ibn ‘Ali Al-Qaffaal Al-Kabeer Ash-Shaashiy and As-Seerify amongst others.

As for the Ashaab (followers) of Al-Imaam Abu Haneefah, then they provided and set down an Usool for their Fiqh and they added to the Adillah Al-Ijmaaliyah (Al-Itihsaan and Al-‘Urf) from the four Adillah of Ash-Shaafi’iy (Al-Qur’aan, As-Sunnah, Al-Qiyaas and Al-Ijmaa’). From the earliest of their books in Usool ul-Fiqh were: The ‘Risaalah of Al-Kharkhiy in Usool’ authored by Abu-l-Hasan ‘Ubaidullah Bin Al-Hasan Al-Kharkhiy who passed away in the year 340 Ah. Then there was the Usool of Al-Jassaas who passed away in the year 370 AH. This method or methodology in respect to putting down Usool ul-Fiqh differed from the methodology employed by Al-Imaam Ash-Shaafi’iy As for the Maalikiyah, who followed the Tareeqah (methodology) of Ash-Shaafi’iy in terms of putting down Usool ul-Fiqh, then they added the ‘Ijmaa’ of Ahl-ul-Madinah’ to the four Adillah Al Ijmaaliyyah which they had adopted from Imaam Maalik and which Ash-Shaafi’iy had criticised. They also took ‘Al-Istihsaan’ and ‘Al Masaalih Al-Mursalah’ which represent two matters which Ash Shaafi’iy had attempted to invalidate. They also added by expanding in the area of ‘Adh-Dharaa’i’ (pretexts/excuses).

The followers of Al-Imaam Maalik followed the same methodology as Al-Imaam Ash-Shaaf’iy in presenting and approaching Usool ul Fiqh. From amongst their (well known) books was: ‘At-Ta’reef Wa-l Irshaad Fee Tarteeb Turuq Al-Ijtihaad’ written by Al-Qaadiy Abu Bakr Muhammad Bin At-Tayyib Al-Baaqalaaniy who passed away in the year 403 AH.

As for the followers of Al-Imaam Ahmad Bin Hanbal, then Al Imaam Ahmad himself, sufficed them by writing in the ‘Ilm of Usool ul-Fiqh. So after Ash-Shaafi’iy he authored the book: ‘Taa’at Ar Rasool’, the book: ‘An-Naasikh Wa-l-Mansookh’ and the book: ‘Al Ilal’ all of which were related to Usool ul-Fiqh. They (the followers of the Madh’hab) took what Ash-Shaafi’iy had taken except they did not view an Ijmaa’ (to be valid) apart from the Ijmaa’ As-Sahaabah whilst Ash-Shaafi’iy had accepted the Ijmaa’ of the Mujtahideen of the Islamic Ummah in an era from the eras after the Nabi (saw). After Al-Imaam Ahmad there were those who did take the Ijmaa’ of the Mujtahideen of the Ummah like Al-Imaam Muwwafiq ud –Deen Bin Ahmad Bin Qudaamah Al-Maqdasiy who passed away in the year 630 AH which was expressed in his book: ‘Raudat un-Naazhir Wa Jannat ul-Manaazhir Fee Usool ul-Fiqh’.

As for the Zhaahiriy Madh’hab then its adherents rejected Qiyaas and did not take except by the text. There Imaam Daawud Bin Khalaf Al Asfahaaniy who was given the title of ‘Azh-Zhaahiriy’ due to his taking from what was apparent in the text and he proceeded upon the same methodology as Ibn Hazm Al-Andalusi.

As for the Shi’ah Al-Imaamiyah who follow the Madh’hab of Al Imaam Ja’far As-Saadiq, then they also rejected taking by way of Qiyaas (i.e. using it as a source) just as they rejected the Saheeh Ahaadeeth that opposed their view in relation to the Khilafah. They also specified the Fiqhiy Istinbaat (deduction) within the Istinbaat of their A’immah (Imaams) alone. (or restricted)

It can be observed that the ‘Ulamaa’ of the four Madhaahib and others besides them followed two paths (or methodologies) in respect to Usool ul-Fiqh. These are: The method of Ash-Shaafi’iy and the methodology of the followers or companions of Al-Imaam Abu Haneefah. These have in turn been called the Tareeqah (method) of the Mutakallimeen and the Tareeqah of the Fuqahaa’.