Brief Historical Development of Usul al-Fiqh and its Contemporary Application

Usul al-fiqh generally is about the Arabic language itself, in its subtle intent and implications, and any other principles by which the Quranic language can be understood. The majority of what is covered by Usul al-Fiqh revolves around ‘what does this mean or imply?’ or ‘what is the intention behind it?’

Linguistically ‘usul’ (singular, asl) means the base/foundation. In the term of ‘Usul al-Fiqh,’ the word ‘usul’ means principles of the Arabic language primarily, then any principles which are to do with the fiqh itself. The word ‘fiqh’ linguistically means ‘understanding’. In Usul al-Fiqh, the word means to deeply understand. Fiqh is knowing legal rulings that one has concluded by ijtihad.

In this article, the reader will gain a brief understanding of how the science first came about, its development through the ages, and how it is crucial in our lives today.

The era of the Messenger.

It is quite apparent that the present-day frame-work of imparting rulings was not in place during this time. There were no detailed manuals or set guidelines. There were no distinctions between Fard/Wajib or Sunnah/Rukn. The companions simply did as the Messenger did, or acted accordingly to the commands and mentions of the Messenger, or they would ask. Yet Usul al-Fiqh existed in this early stage.

One understanding is that Usul al-Fiqh has been in existence ever since the knowledge of Fiqh existed, ‘for fiqh could not have come into being in the absence of its sources, and of the methods with which to utilise these source materials’. If this understanding was to be taken to its logical conclusion, one could say Usul al-Fiqh existed whenever Allah sent revelation, be it the Quran and the Messenger, or even prior revelations and Prophets.

The era of the rightly guided Khulafa and after them.

After the Messenger, came the era of al-Khulafa al-Rashidun (11AH–40AH). Now that the Messenger was no longer with the companions, it was upon the great companions to lead the community. The Messenger had left them the Quran and Sunnah, but what of new matters and situations in the community? They no longer had the Messenger to ask. During this period, we find in addition to the Quran and Sunnah, Qiyas and Ijma were used widely, and none of the companions rejected them as valid sources.

After the rightly guided Khulafa, came the era of the fuqaha among the companions and the Tabiun. This period lasted till approximately 100AH. The sources of Usul al-Fiqh, the Quran, Sunnah, Ijma and Qiyas, generally remained as they were in the previous era. Though due to several reasons, certain aspects of how the sources were understood differed from the era before. Some of which are listed below.
- The narration of Hadiths became popular
- The fabrication of Hadiths became prevalent
- Emergence of the interest of extracting what resided beyond the apparent meanings of revelation.
- The division of various factional and theological groups away from the main body of Islam.
- Ijma was near impossible to achieve at certain times in this period due to the divisions.

The Traditionalists and the Rationalists, Imam Shafii & the two approaches to Usul al-Fiqh

When the differences between the Traditionalists and Rationalist emerged, the science of Usul al-Fiqh became further specialised. Specialised in the sense that there were now two informal schools of thought on the science.

The Traditionalist school, (Ahl al-Hadith) is argued to be a continuation of the method of those companions who chose not to go further than the literal meanings of the source texts, because they feared the risk of contradicting the revelation. The Rationalist school (Ahl al-Ra’i) is written to trace its roots back to Umar and Abdullah ibn Masud, who were most extensive among the companions in their use of ra’i. While the traditionalist school became ‘The School’ in the Hijaz, the Rationalist school gained popularity in Iraq. Both schools held several criticisms against one another, to mention a few, the Traditionalist were accused of having insufficient knowledge of fiqh, and the Rationalist were accused of basing their opinions on mere inference and speculation.

Imam Shafii was born in the year 150AH. He began his studies in Makkah with some scholars of the Traditionalist school. He later studied with Imam Malik. At the time, Imam Malik was known to be the Imam of Madinah, and well known as a scholar of the Traditionalist school. Thereafter, Imam Shafii went to Iraq and studied with Muhammad ibn al-Hasan, a student of Imam Abu Hanifa who was a well-known Rationalist scholar.

Imam Shafii wasn’t completely convinced by the two schools and was compelled to define Usul al-Fiqh in a systematic framework, practical steps, and basic rules. Thus, he produced the Risalah , which became widespread amongst scholars almost instantly. This is the first book on Usul al-Fiqh to be written which has reached us. Most of the Traditionalists were in support of his work, while majority of the Rationalists rejected and disagreed with almost all of Imam Shafii’s works on the science.

Since then, one could say, writings on the science of Usul al-Fiqh generally took one of two approaches.
1. The Shafii approach. Also known as the method of the Mutakallimun. This approach was accepted by the Shafii, Maliki & Hanbali schools, and the Mutazilah.
2. The Hanafi approach. Also known as the juristic approach.

Usul al-Fiqh today

Why is Usul al-Fiqh important: the Quran and the Sunnah were revealed in the Arabic language, and if you don’t understand the intent behind the Arabic language itself, nor do you understand the implications of it, then you will misunderstand and misplace the revelation.

Usul al-Fiqh is one of the more popular Islamic sciences in recent times. The science primarily enables the mujtahid (one who is qualified to make ijtihad) to employ his effort in deriving rulings from the Islamic sources within a systematic frame work.

For someone studying Usul al-fiqh, it is recommended that he attempts to study (at least) some of the history and development of Usul al-Fiqh to appreciate the importance of the science, and the role it has played in shaping the Islamic world and its scholarship.

As we continue to live our lives, and every passing generation, new matters will arise regarding which we will need to know where they stand in terms of their hukm etc. New matters like the use of Crypto-Currency, student loans, mortgages and the list goes on. Without the knowledge of Usul al-Fiqh, and its historical development, scholars would be unable to sufficiently deal with such new matters.