Usül al-Fiqh

Islamic law is religious law based on the texts of the Qur’ān and the Sunnah. The discipline that tells us how this law is derived from these texts, and how it is classified, understood and applied, is called usül al-fiqh. A study of Islamic law, therefore, begins with the definition of usül al-fiqh. The term is broken up into its two components: usül and fiqh. These two components are defined separately and then combined. This separation of the components and relinking establishes the separate meanings of the two terms and their relationship. It thus becomes a useful device for elaborating the meaning of this discipline.

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Usul al-fiqh then, is composed of two terms: fiqh and usül. Once these constituent parts are defined, the jurists combine the two parts to arrive at the final definition. The jurists define the term fiqh first.

The Literal Meaning of Fiqh

The term fiqh is used in the literal sense to mean “understanding” and “discernment.” In this sense the words fiqh and fahm are synonymous. It implies an understanding of Islam in a general way. It may also mean what a prudent person is likely to conclude from obvious evidence. The word has been used in the Qur’an, in this sense, on several occasions:

“فَمَالِ هٰۤؤُلَآءِ الْقَوْمِ لَا یَكَادُوْنَ یَفْقَهُوْنَ حَدِیْثًا”

What hath come to these people that they fail to understand a simple statement. [Qur’an 4 : 78]

“لَـهُـمْ قُلُوْبٌ لَّا يَفْقَهُوْنَ بِـهَاۖ”

They have hearts wherewith they understand not. [Qur’an 7: 179]

The same meaning is reflected in the words of the Prophet:

“من يرد الله به خيرا يفقهه فى الدين”

He for whom Allah wills His blessings is granted the understanding of din.

Earlier General Meaning of Fiqh

The term ‘ilm (knowledge) also has the same literal meaning as fiqh. During the time of the Prophet there appears to be no difference in the two terms. Later, as sophistication crept in, the term ‘ilm came to be applied in a narrow sense to mean knowledge that comes through reports, that is, traditions: ahadith and athar.

The term fiqh, on the other hand, came to be used exclusively for a knowledge of the law. Thus, the concepts of ‘ilm and fiqh were separated when specialization in law and traditions came into existence toward the end of the first century of the Hijrah۔

During this period, the word fiqh also included the meaning of the term kalam within it. These two terms were not separated till the time of al-Ma’mun (d. 218 A.H.). Fiqh till such time embraced both theological problems and legal issues۔ It is for this reason that Abu Hanifah (d. 150 A.H.) defined fiqh as:

معرفۃ النفس مالھا وما علیھا

“A Person’s knowledge of his rights and duties.”

Later Shāfi‘ite Definition of Fiqh

The term fiqh was defined later by the Shāfi‘i jurists in a very narrow technical sense. The definition is attributed by some to al-Shāfi‘i himself. The Shāfi‘is define fiqh in its technical sense as follows:

العلم بالاحکام الشرعیۃ العملیۃ المکتسبۃ من ادلتھا التفصیلیۃ

“It is the knowledge of the shar‘ī ahkām (legal rules), pertaining to conduct, that have been derived from their specific evidences.”

Al-Ghazāli

states the definition of fiqh as follows:

عبارۃ عن العلم بالاحکام الشرعیۃ الثابتۃ لافعال المکلفین خاصۃ

An expression for the knowledge of legal rules established specifically for human conduct

Imam Razi

This, indeed, is a very general and wide definition. Imām al-Rāzi gives a more precise definition. He states it as follows:

العلم بالاحکم الشرعیۃ، العملیۃ، المستدل علی اعیانھا، بحیث لا یعلم کونھا من الدیں ضرورۃ۔

The knowledge of the legal rules, pertaining to conduct with reference to their sources, when this knowledge is not obtained by way of necessity (in religion).