Understanding Usul Al-Fiqh by Abu Tariq Hilal - Abu Ismael al-Beirawi

Usul al-Fiqh is the collection of principles pertaining to the methodology for the extraction of Fiqh. Ibn al-Hajib defined it as, „the principles by which the mujtahid derives the legal rules of conduct from the specific evidences‟.2

The concept of Usul al-Fiqh is comparable to adhering to the methodology when conducting a scientific experiment. Similarly, adhering to the methodology in deriving Fiqh (rulings) is referred to as Usul al-Fiqh. This methodology provides a way for a person to derive Islamic rulings from the legislative sources in Islam.

The collections of principles related to Usul al-Fiqh are many. A few examples of these rules are discussed in the following section.

Adopting specific sources to derive laws is a major subject in Usul al-Fiqh. The Qur‟an, Sunnah, Ijma‟ as-Sahabah (consensus of the companions) and Qiyas (analogical deduction) are four sources in Islam, which are accepted by almost all of the scholars. However, there are other additional sources such as Maslahah al Mursalah (public interests) or Ijma‟ al Ummah (consensus of the Ummah), which are not widely accepted.

Within the Arabic language, there are rules for understanding the structure of an Ayah or a Hadith. The rules of grammar in the Arabic language define the meaning of the Ayah or Hadith. Therefore, understanding the rules of grammar and their application is one use of the Arabic language in Usul al-Fiqh.

Unless the text of the Qur‟an and Sunnah is correctly understood, no ruling can be deduced from it. The linguistic structure of the text in Qur‟an and Sunnah varies from one style to another. Some examples of these linguistic styles are: Dhanni (speculative text), Qata‟i (definitive text), „Aam (general text), Khass (specific text), Haqiqi (literal text), and Majaazi (metaphorical text). The rules to distinguish and differentiate between these styles are an important subject in Usul al-Fiqh.

Another essential aspect involved in interpreting the text of the Qur‟an and Sunnah are issues surrounding abrogation of rulings from the Qur‟an and Sunnah. The study of abrogation involves issues such as, what constitutes abrogation, how to understand it in relation to other Ayahs or Ahadith, and how to reconcile these differences.

Some Muslims claim there is no need for Usul al-Fiqh, thinking one can directly go to the text of the Qur‟an and Sunnah and derive laws. Such a claim really illustrates ignorance in understanding Islam. It is impossible to derive laws without being equipped with the necessary tools. These tools enable us to understand the text of the Qur‟an and Sunnah, and without understanding the text; one would not be able to extract laws.

As an example, without being aware of the rules of Arabic grammar for interpreting the text of Qur‟an and Sunnah, one would not be able to differentiate whether the command in the Ayah or Hadith for a certain action is Haram (forbidden) or Makruh (undesirable). Therefore, Usul al-Fiqh is a definite pre-requisite to derive rulings.

Since rulings are derived based on Usul al-Fiqh, a variation in Usul al-Fiqh may result in different rulings. This is one of the reasons that there might exist more than one ruling on some issues.

The end product of Usul al-Fiqh is Shari‟ah (or Fiqh). The difference between Usul al-Fiqh and Shari‟ah is that the latter is concerned with the rulings related to our actions, and Usul al-Fiqh is concerned with the methodology applied to deduce such rulings.