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

Al-Hamdu Lillah Who created man and taught him speech. And prayers and peace be upon Muhammad upon whom the Qur’aan was revealed as a guidance and mercy for mankind.

Verily Allah Ta’Aalaa sent Muhammad (saw) with Islaam to mankind in its entirety. So he began with his own Arab people and presented to them his miracle that guided to his Prophethood. This is the Qur’aan Al-Kareem which came in a clear Arabic tongue challenging them to bring a Soorah that is comparable to it and so they failed, were incapable and as such resorted to accusing him of magic and insanity. The Messenger (saw) continued and persevered in his Da’wah patiently bearing the harm that afflicted him and his companions whilst not being deflected by their obstinacy and arrogance. This was until Allah Ta’Aalaa prepared and brought for him those who would give him support in Al-Madinah Al-Munawwarah within which he then established his State. The Wahi descended upon him continuously, explaining the Ahkaam (rulings) that regulate the relationship of the people with their Rabb, with themselves and with others upon this earth until the Day of Judgement. After the Messenger (saw) passed away and joined the highest abode and company and after the Wahi came to an end and the Kitaab of Allah and his Sunnah were left behind for the people, after that there came the Khulafaa’. The Fuqahaa of the Sahaabah then went forth to deduce the practical Ahkaam Ash-Shar’iyah from the Kitaab and the Sunnah for all new realities that occurred or came into being.

The Ijtihaad and the verdicts of the Sahaabah (rah) were the closest to the truth when compared to the Ijtihaad of others because they held the knowledge of the Arabic language and the indications and implications of its wordings and expressions. They were witnesses to the circumstances of the revelation and its causes (Asbaab An-Nuzool) as they lived alongside and at the same time as the Nabi (saw) and they accompanied him and took part in his actions and battles.

The Taabi’oon, who followed them, proceeded upon their path making Ijtihaad and deducing Ahkaam. They in turn were followed by the Taabi’ At-Taabi’een who recorded the Sunnah of the Messenger of Allah (saw) and also recorded the verdicts of the Sahaabah and their Ijtihaad alongside that. Then they recorded and wrote down books in Fiqh although they did not at this time record the Qawaa’id (principles) upon the basis of which Ijtihaad and Istinbaat takes place.

Then by the end of the second century Hijriy the Islamic State had expanded greatly and the Arabs had mixed with other peoples and had become one Ummah melted by the melting pot of Islaam. In this situation the new realities were many and the issues being faced were various and numerous. As a result, debates and discussions arose related to deducing the Ahkaam and particularly between the Ashaab ul-Hadeeth and the Ashaab ur-Ra’y. As such the Muslims were in need of disciplinary principles and measures to make clear the most correct Ijtihaad. The Fuqahaa then began to lay down Qawaa’id (principles), drawing out methodologies and establishing measures to judge the correctness and validity of the Ijtihaad. However, this was without, at this stage, putting down in writing a new complete science in respect to this matter. At the end of that century Allah Ta’Aalaa brought a great Quraishi ‘Aalim, Muhammad Idrees Ash-Shaafi’iy, to address this matter and lay down clear features and firm principles (Qawaa’id) for the ‘Ilm (science) of Usool ul-Fiqh. Ash-Shaafi’iy was befitting of this because he was an ‘Aalim (scholar) in the Arabic tongue, in Hadeeth and of Fiqh in his time period. As such his ‘Risaalah’ was written in the ‘Ilm of Usool ul-Fiqh in an ordered, comprehensive and complete manner. Then ‘Ulamaa who followed him proceeded upon his path and methodology clarifying, explaining and critiquing however they did not go outside of the scope of knowledge that Ash-Shaafi’iy had put down for this ‘Ilm (science).

Then after Ash-Shaafi’iy the ‘Ilm of Usool ul-Fiqh became an area of knowledge of great significance which the ‘Ulamaa and Fuqahaa competed in. It became known that anyone who perfects and masters the ‘Ilm of Usool ul-Fiqh would find other sciences and areas of knowledge (‘Uloom) easy. That is because it is an ‘Aqly (intellectual) and Shar’iy science which depends upon a precise understanding of the indications of the Arabic worded expressions, the composition of the language and its styles, the manner of establishing principles and building upon them, just as it depends upon the discussion (and study) of the Adillah, closely examining the indications to acquire knowledge of the angles of similarity and difference between them and upon the Tahqeeq ul Manaat (understanding of the reality) which is followed by applying the correct and fitting Hukm upon it.

If the ‘Aalim (Scholar) was to perfect or master these matters, then other sciences like mathematics, astrology and chemistry amongst other subjects would become easier for him to acquire. This is what happened with Ibn Seenaa, Al-Khawarazmiy and Ibn ul-Haitham amongst others. They began with Usool ul-Fiqh and then knocked upon the doors of other sciences and areas of knowledge. So they delved in to them, excelled in them and were innovative within them.

After having studied Usool ul-Fiqh for more than twenty years as a student and teacher I became passionate about this area of knowledge. I pursued its books and understood some of its principles and how to utilise them to deduce some of the Shar’iyah rulings.

After that, I sought assistance with Allah and decided to place down this humble brick in the building of this lofty fortress that was constructed by the Salaf As-Saalih (righteous predecessors). I choose for this work of mine the name: ‘Al-Waadih Fee Usool ul-Fiqh’ (The Clear in the Fundamentals of Fiqh) and in my preparation and writing I relied upon books that came before me; some of which were classical whilst others were more recent. I transmitted some of the statements as they were and I added to and explained others. I also incorporated some of what I had gained and acquired from weighing between those former opinions and from studying the books of Fiqh, Tafseer, Hadeeth and language. This was in an attempt to make this book comprehensive and clear in its style and presentation with extra examples to assist and facilitate understanding.

I have made it two parts:

1) The first part which includes:

- The definition of Usool ul-Fiqh, its origins, its subject area and its paths.

- The Adillah Al-Ijmaaliyah (the comprehensive evidences) that have been agreed upon in respect to their Hujjiyah (validity as a proof and source of evidence). These are: The Kitaab, the Sunnah, Qiyaas and Ijmaa’ As-Sahaabah.

- The Adillah Al-Ijmaaliyah that have been differed upon in respect to their Hujjiyah (validity) and these are: Al-Istihsaan, Al-Masaalih Al-Mursalah, Al-‘Urf, Al-Istishaab, Madh’hab As-Sahaabiy and Shar’i Min Qablinaa.

I have presented the evidences for the Hujjiyah (validity) of every Daleel and have mentioned the opinions of the ‘Ulamaa in respect to them. I then presented my opinion in respect to the Hujjiyah of every Daleel that has been differed upon and made clear the stronger opinion in regards to that Daleel from the viewpoint that I have adopted. That viewpoint is that the Hujjiyah (validity) of the Daleel Al-Ijmaaliy must be Qat’iyah (definite) in respect to this Daleel having been brought by the Wahi (divinely inspired revelation).

2) The second part which includes:

- The meaning of the Hukm and the divisions or categories (Aqsaam) of the Hukm.

- Studies of the language that explain the Dalaalah (indication/implication) of the Alfaazh (worded expressions) in respect to their meanings and included in these are the Alfaazh (wordings) of the Kitaab and the Sunnah.

- The manner of Istidlaal (deduction) and this includes: Al-Ijtihaad, At-Taqleed, At-Ta’aadul and At-Taraajeeh (plural of Tarjeeh).

I have expended all my effort to make this book ‘Al-Waadih Fee Usool ul-Fiqh’ clear for every student, seeker of knowledge and researcher so that he or she will love this ‘Ilm (discipline of knowledge) just as I have loved it.

I ask Allah to benefit the Muslims by it and me in the hereafter. Verily he is Samee’un Mujeeb (The One who hears and responds).

The author (Muhammad Hussein Abdullah).