Usul al-Fiqh (Principles of Jurisprudence) In the early days of Islam...

Usul al-Fiqh (Principles of Jurisprudence) In the early days of Islam, scholars only relied on the Qur’an and hadith to understand the practical laws of Islam. They grouped all the traditions at their disposal based on jurisprudence issues. It has therefore been said that the early jurist (faqih) was in fact no more than today’s expert of Hadith (Muhadith).

In time though, a jurist had to be skilled in other sciences as well because many practical issues arose that were beyond the scope of just a literal interpretation of the Qur’an and hadith. There was now a need for a science that, for example, discusses not only the jurisprudence content of a Qur’an verse or hadith but also the general principle(s) behind it that jurists could adhere to when deriving other laws on other issues.

It is the unanimous view of all the scholars that the first one to set the principles of jurisprudence was Imam Shafei of the Sunnis. The Shiite Priests then adopted these principles and made them the foundation of their studies. ‘IJTEHAD’ – AGHA MURTAZA MUTAHHARI ‘The Sunnis said that the valid proofs were four in number: the Book, the Sunna, ijma and ijtihad (qiyas); the Shi`a said the valid proofs were four: the Book, the Sunna, ijma` and `aql (reason).

They merely substituted `aql for qiyas.’ Most students of the Hawzas do their Ijtihad in Fiqh, the principles of which are from the Sunni Imam Shafei and have nothing to do with the teachings of the Holy Ahl Ul Baytasws . This is one of the subjects that was NEVER taught by the Holy Imam Ja’far Al Sadiqasws. There is a record of himasws having taught approximately sixty seven subjects, and this one is NOT on that list. BIHAR UL ANWAAR – VOL.

2 CHAPTER ON TAQLEED H32 ا:# “وف، : 4=د :# ،6 : ر،.# : /،9 ل: B=A أ# * ا6@م &)ل: آ9 ” $ Dج “: 9E# (F/ AG ا1ه It has been narrated from Ibn Marouf from Hammad Bin Isa from Raba’I from Fudhail who said that he heard the Holy Imam Ja’far Al Sadiq asws that: ‘Whatsoever that does not come out from this Household is void.’ 15 And since this subject does not come from the Holy Household of the Holy Ahl Ul Baytasws, it is therefore invalid. THE HOLY IMAMasws – TWO MUJTAHID – NIL 3.

Fiqh (Jurisprudence) Fiqh (Jurisprudence) is a major (if not ‘the major’) science around which most of the other subjects revolve. The study of the practical laws of Islam and how to derive them is divided by areas of jurisprudence such as purification, prayers, fasting, hajj, marriage, trade, etc.