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

The Qur‟an was revealed to Prophet Muhammad (saw) in parts for a period of twenty-three years. It used to be revealed in various ways. Sometimes the revelation would come in quick succession and other times it would take a long time. The Qur‟an was revealed gradually and not all at once due to wisdom (Hikma) Allah (swt) has mentioned in the noble Qur‟an itself:

“And those who disbelieve say: „Why is not the Qur‟an revealed to him all at once?‟ Thus (it is send down in parts), that We may strengthen your heart thereby.” (TMQ Al-Furqan: 32)

“And (it is) a Qur‟an which We have divided (into parts), in order that you might recite it to men at intervals. And We have revealed it by stages.” (TMQ Al-Isra‟: 106)

So, in order to strengthen the heart of the Messenger (saw), and so as to recite it to the people slowly without haste, and also in order to reveal it according to incidents and answers to questions, the Qur‟an was revealed gradually and in parts for twenty-three years.

As we mentioned earlier the scholars have defined fiqh as, „the knowledge of the practical Shar‟iah rules that are derived from their detailed evidences (Al-Ad‟Illah al-Tafsiliyy ah)‟.

Knowledge of the Shari‟ah rules began the day when they were revealed by Allah (swt). This took place mostly after the migration (Hijra) of the Prophet (saw) from Makkah to Madina. The Messenger of Allah (saw) stayed in Makkah for thirteen years, and then he resided in Madina for about ten years. The Quran was revealed in Makkah and continued throughout the Prophet‟s stay in Madina. Many of the verses of Ahkam (rules) were revealed in Madina. In this period verses from the Qur‟an were revealed and the Messenger (saw) used to convey the Ahkam relating to answering practical questions and providing solutions to problems that arose.

The portion that was revealed in Makkah is approximately about two thirds of the Qur‟an and they are known as the Makkan verses (Makki). In their totality they barely deal with few Ahkam. Rather they are confined to explaining the fundamentals of the Deen and calling people to them, such as the belief in Allah and His Messenger, the Day of Judgement, the command to perform Salah, characterisation with moral attributes such as honesty, truthfulness, and forbidding evil actions such as fornication, murder, burying girls alive, deficiency in the measure and scales etc. The second portion that was revealed in Madina is close to a third of the Qur‟an and they are known as the Madinan verses (Madani). These are verses of Mu'amalat (transactions) such as selling, renting and usury. They also include the Hudud, such as the Hadd of Zina (fornication) and stealing. They include the Jinayat (capital punishments) such as killing the one who killed someone intentionally or punishment of highway robbers and rules from the Bayyinat (testimonial evidences) such as the testimony of Zina and the rest of the testimonies. The remaining rules concerning the worships ('„Ibadat) such as fasting, Zakah, Hajj and Jihad were also revealed during this period.

From this it becomes clear that even though rules of prayer were revealed in Makkah they do not form the body of rules but knowledge of a type of rule. As for what was revealed in Madina, they consisted of all the Ahkam. That is why knowledge of such rules is considered Fiqh. Therefore, it is more accurate for us to say that Fiqh began in Madina. And since Fiqh constitutes practical rules, they have been revealed to treat incidents that have taken place. The verses of Ahkam, more often than not were in connection to events that took place. So the disputants would refer judgment to the Messenger of Allah (saw) and he would judge between them according to the rules Allah (swt) has revealed to him, or on occasions of problems requiring solutions, so an Ayah or Ayat stating the Hukm would be revealed. In this manner the Qur‟an was revealed gradually. The legislative aspect used to be quite evident in the revelation of the Qur‟an. The Ayat did not treat assumptions that may or may not happen. Rather, they treated issues that actually took place and real problems that people face. The Qur‟an continued to be revealed until the year in which the Messenger of Allah (saw) passed away. So, Allah (swt) perfected and completed the Deen and He revealed to him the last Ayah which is His (swt) saying in Surah al-Baqarah: “O you who believe! Be afraid of Allah and give up what remains (due to you) from riba (usury).” (TMQ Al-Baqarah: 278)