The document discusses the history of Usul al-Fiqh, the methodology of Islamic jurisprudence. It states that the first works on Usul al-Fiqh were reportedly written by Abu Hanifah and his students Abu Yusuf and Muhammad al-Shaybani, though these were lost. The first extant work is the seminal Al-Risalah by Imam al-Shafie, which divided the subject into four chapters. After al-Shafie, many jurists from the four Sunni madhhabs wrote commentaries and works on Usul al-Fiqh, contributing to its development.
1. Discipline that relates to The
Study of Usul al-Fiqh
and
THE HISTORY OF Usul al-Fiqh before and
after Imam al-Shafie
2. Discipline that relates to The Study of Usul al-Fiqh
For the study of jurisprudence, mastery of many other
branches of learning are necessary as a preparation, and
these consist of the following:
1. Arabic: syntax, conjugation, vocabulary, semantics,
oratory as the Quran and Traditions are in Arabic, without
knowing at least the usual standard of the Arabic language
and literature it is not possible to benefit from the Quran
and the Traditions.
2. Commentary upon the Holy Quran (tafsir). Taking into
consideration the fact that the jurisprudents must use the
Quran as a point of reference, some knowledge in the
study of the commentaries upon the Quran is absolutely
essential.
3. Logic, called mantiq in Islam. Every branch of learning
in which reasoning is used stands in need of logic.
3. 4. The study of the Traditions. The jurisprudent
must have a sound knowledge of the Traditions and
must be able to distinguish the different types of
Traditions and they become acquainted with the
language of the Traditions as a result of their
frequent application.
5. The study of the Transmitters (rijal). The study of
the Transmitters means knowing the identities and
natures of those who have transmitted the
Traditions. Later it will be explained how the
Traditions existing in the sanctuary of books of
Traditions cannot be accepted without examination.
The study of the Transmitters is the examining and
scrutiny of the men who make up the chains (isnad)
of reporters of the Traditions.
4. Usul al-Fiqh before Imamal-Shafie
Historical records go to the fact that the first
one who wrote a book on usul al-fiqh was
Imam Abu Hanifah Himself, and Imam Abu
Yusuf Ibn Ya’acub ibn Ibrahim Al-Ansari
(well known student of Imam Abu Hanifah),
and also Imam Muhammad ibn Al-Hasan
Ash-Shaybani, also another well known
student of Imam Abu Hanifah wrote a book
on Usul al-Fiqh.
5. The Time of Successors of the Successors
The first work reportedly produced on Usul al-fiqh was Kitab al-Ra’y
by Abu Hanifah (d. 150 A.H.) In this work, he described the
methods of derivation of rules from the Quran and the Sunnah.
He was followed by his two disciples; Abu Yusuf ibn Yaa’cub ibn
Ibrahim (d.182 A.H) and Muhammad ibn Hasan al-Shaybani (d.
189 A.H.), who produced Kitab al-Usul and Kitab Usul al-fiqh
respectively.
Later on, al-Shafii produced his renowned treatise on usul known
as al-Risalah. This is the first comprehensive work on usul al-
fiqh, which is extent, for works produced by Abu Hanifah and his
disciples before al-Shafii were reportedly lost.
AI-Sayyid Hasan al-Sadr of the Shi 'ah claimed that Muhammad
al-Baqir (57-115H) and his son, Ja'far al-Sadiq (83-149H)5 were
the first who discussed various foundations of the science of usul
al-fiqh.
6. The Time of Successors of the Successors
Sheikh AI-Afghani and Ahmad Hasan in this
regards have mentioned:
"the first man to write or compile (sannafa) the
science of usul al-fiqh as far as we know was Abu
Hanifah al-Nu'man. [For instance] he elucidates
the methodologies of istinbat in his Kitab al-Ra'y.
He was followed by his two disciples, Abu Yusuf Ya
'qub b. Ibrahim aI-Ansari and Muhammad b.
Hasan al-Shaybani, then followed by Muhammad
b. Idris al-Shafi'i".
7. The Time of Successors of the Successors
In defending his theory, Ahmad Hasan refers to Ibn al-
Nadim's Fihrist in which the Ibn Nadim lists the books
written by Abu Yusuf and al -Shaybani which were among
the lists of books on usul al-fiqh. He further argues that
the term usul al-fiqh had been 'used by Abu Yusuf in his
criticism of the scholars of Syria for their ignorance of usul
al-fiqh . According to Ahmad Hasan, the above reports
indicate that scholars preceding al-Shafi'i and some other
jurists had formulated the principles of usul al-fiqh before
him. But as explained by many jurists that these books
were lost and there is no news at all about all of these
books.
8. As their writings did not reach us, which means
we do not know exactly what they wrote.
Therefore, we cannot consider something being
the first writing in a branch of knowledge unless
that piece of writing is in our hands.
The first of these writings that has reached our
hands and is considered today as the earliest
book in this science is the well known book of Al-
Risalah (The Treatise) by Imam Ash-Shafie.
This is in line with the view of Ibn Khaldun as he
mentioned in his famous book of al-
Muqaddimah, in the section in which he
discusses the various sciences and skills, tells us
that, "The first person in the study of the Usul al-
fiqh to write a book was imam al-Shafi`i, who
wrote his famous of al-Risalah.
9. The well known Muslim scholar Imam Al-Razi
also confirmed this fact when he wrote about the
qualities and the merits of Imam Al-Shafie by
saying:
“Before Imam Al-Shafie, scholars used to talk
about the subjects of usul al-fiqh, argue and
prove things without having any framework or
logical sequence of a whole sciences. Al-Shafie
was the one who founded usul al-fiqh and
formulated a way or a process for all people to
know the levels of Shariah sources and what take
precedence over the other. Therefore, ascribing
usul al-fiqh to Al-Shafie is like ascribing the
science of reason and philosophy to Aristotle.”
(Introduction to Al-Risalah, printed by Mustafa
Al-Babi Al-Halabi, Cairo 1983, p. 4)
10. In regards to al-Risalah as the first book written on usul
al-Fiqh, Observers of this book have divided this book
into 4 different chapters that were discussed by imam
al-Shafie. They said as follows:
ويمكنالم المباحث لهاّأو أربعة؛ عناصر إلى الرسالة مباحث تبويبتصلة
والعام كالخاص ،بالقرآنوالنسخ،والمنسوخةّصالخا المباحث والثاني
باإلج خاص والثالث ،الحديث واختالف اآلحاد خبر ةّصوخا ،ةّنبالس،ماع
بالقياس والرابع.
Al-Risalah was divided into 4 different chapters:
First chapter highlights the various issues of al-Quran;
general, particular, naskh and mansukh, Second chapter
highlights various discussion about Sunnah such as
hadith ahad and its position, and also different
categories of hadiths, Chapter 3 highlights about the
meaning and position of Ijmak and chapter 4 highlights
about various issues on al-Qiyas.
11. Usul al-Fiqh AfterImamal-Shafie
Ibn al-Nadim mentioned books which were
written in the field of Usul al Fiqh after the
Risalah, including al Nasikh wa al Mansukh and
al Sunnah by al Imam Ahmad ibn Hanbal (d 233
AH). Al Sunnah, however, is more a book on
Tawhid and basic Islamic beliefs "Aqa'id" than
of jurisprudence. Al-Imam Ahmad also wrote
book - Ta'at al Rasul "Obedience to the
Messenger". Ibn Qayyim quotes from it often in
his book, I'lam al Muwaqqi'in, and From the
quoted passages in Ibn Qayyim's book, it is
apparent that the book is indeed an important
subject of jurisprudence, and the methodology of
dealing with the Sunnah.
12. The sources also mention that Dawuud al Zahiri
(d 270 AH) wrote al Ijma' "Consensus", Ibtal al
Taqlid "On the Abolition of Imitation", Khabar al
Wahid "On the Single-Individual Narration", al
Khabar al Mujib "On the Obligating Narration",
al Khusus wa al 'Umum "On the Particular and
the General", al Mufassar wa al Mujmal "The
Concised and the Detailed",
13. The Hanafi scholars produced several works.
Such as 'Isa ibn Abban (d 220 Ah) Ithbat al
Qiyas, "Validating Analogical Deduction", and
Ijtihad al Ra'i, "The Exercise of legal
Reasoning". Al Barza'i (d 317) wrote Masa'il al
Khilaf "Issues of Disagreement", Abu Ja'far al
Tahawi (d 321) wrote Ikhtilaf al Fuqaha'
"Disagreement of the Jurists", which was laten
on summarized by Abu Bakr al Jassas (d 37O).
Al Karabisi al Najafi (d 322) wrote al Furuq
"Differences"
14. Also jurists from Hanafi School 'Ali ibn Musa al
Qummi, (d 305) wrote Ma Khalafa Fihi al Shafi'i
al 'Iraqiyiin Fi Ahkam al Qur'an "Instances in
which al Shafi'i Opposed the Iraqis in the Legal
Interpretation of the Qur'an", Also he wrote
other books such as : Ithbat al Qiyas (validating
the qiyas), al Ijtihad (Reasoning) and Khabar al
Wahid (Single narrator of Hadith). Abu al
Hasan al Karkhi (d 340) also one of the leading
jurist in hanafi mazhab wrote his well-known
book al Usul "The Sources"
15. Jurists from Mazhab of al-Imam al Shafi'i
produced the following works:-
Abu Thawr (d 240) wrote Ikhtilaf al Fuqaha'
"Disagreement of the Jurists". Abu 'Abd Allah
Muhammad ibn Nasr al Marwazi (d 294) also
wrote a book on the same subject which is Ikhtilaf
al Fuqaha' "Disagreement of the Jurists". Abu
Abbas ibn Surayj (d 305) wrote a book refuting
both 'Isa ibn Abban and Muhammad ibn Dawud al
Zahiri on matters in which they differed with al
Imam al Shafi'i. Ibrahim ibn Ahmad al Marwazi (d
340) wrote Al Umum wa al Khusus "The General
and the Particular" and Al Fusul fi Ma'rifat al Usul
"Chapters About Knowledge of Legal Source-
Methodology".
16. Some of scholars during that time devoted
their attention to producing commentaries on
al Shafi'i's al Risalah; Example such as : Abu
Bakr al Sayrafi (d 330), Abu al Walid al Nisaburi
(d 365 or 363), Abu Bakr al Jawzi (d 388) and
Abu Muhammad al Juwayni, the father of the
famous Imam al Haramayn, teacher to al Imam
al Ghazzali.
Commentaries on the Risalah are also
attributed to five other scholars, namely: Abu
Zayd al Jazuli, Yusuf ibn 'Umar, Jamal al Din al
Afqani, Ibn Fakihani, and Abu al Qasim 'Isa ibn
Naji.
17. Scholars came later on and wrote many books
in this important branch of knowledge, added
to the writings of Al-Shafie and contributed to
the development of its formula and order.
Amongst the well known books in this science
written by Shafie scholars are: Al-Burhan by
Al-Juwayni, Al-Mustasfa by Al-Ghazali, Al-
Mahsul by Al-Razi and Al-Ihkam fi Usul Al-
Ahkam by Al-Amidi and many others.
18. As for the books written by Hanafi scholars they
include Al-Usul by Abi Al-Hasan Al-Karkhi, Al-
Usul by Fakhr Al-Islam ‘Ali ibn Muhammad Al-
Bazdawi and Al-Usul by Abi Bakr Al-Gassas Ar-
Razi.
In addition to these traditional books, there is a
work of modern Usulists that make the science
itself easy to the modern reader. Amongst these
we can note Usul Al-Fiqh by Abdul-Wahab
Khallaf, Usul Al-Fiqh by Muhammad Al-
Khudari and Taysir Usul Al-Fiqh by Sheikh
Abdullah Yusuf Al-Judai and others.
19. Although, it is not that important to highlight
the shiah writers and compilers on usul al-fiqh,
but according to some Muslim scholars they said
that the first book Among Shi`ite `ulama’, was
compiled by Sayyid Mortaza. It was mentioned
that Numerous books on Usul al-Fiqh were
compiled by him, and the most well-known of
which is Thariyah (The Medium). Seyyid Morteza
was the brother of Sayyid al-Razi who was the
compiler of the famous book of Nahj al-Balagha,
the book of sermons, letters, and sayings of
Imam Ali RA.
