Principles of Islamic jurisprudence

Principles of Islamic jurisprudence (usool al-fiqh) is a subject that provides a critical analysis of the sources and principles that Islamic jurisprudence (fiqh) is built upon.

Traditionally four main sources are anaylsed along with a number of secondary sources and principles.

The main subject areas of discussion comprise:
* General evidences and principles (adillah ijmalliya wa al-qawaid)
* Resolution of conflict and discrepancy (ta'adal wa tarjeeh)
* Determination of rules and adoption/emulation of rules (ijtihad wa taqlid)
* Islamic Law (hukm shari)

Etymology

Usool al-fiqh comprises the conjunction of two Arabic terms, usool and fiqh. Usool is derived from the root letters hamza, sad and lam which refers to basis. Fiqh linguistically refers to knowledge, deep understanding or comprehension.

Technically the term is used to refer to the body of evidences and principles that Islamic jurists utilise to provide solutions to problems.

Primary Sources

The Qur'an has always been regarded as the primary legal source of Islam, the speech of Allah. It has been transmitted through numerous chains (mutawatir) and proven through rational argument.

This has been supplemented by further revelation termed sunnah. It comprises explanations from the Prophet Mohammed in terms of his speech, actions and silences which have been historically compiled and virified through chains of narrations called hadiths. Sunnah is referred to for elaboration of the Quran or for clarification of a matter that is not mentioned in the Quran and is second in prioritisation to Quran.

The Muslim jurists have found that some revelation has been captured through collective agreements expressed after the death of the Prophet through consensus of his companions which were transmitted over the ages. These are compiled as instances of consensus of the companions (ijma al-sahaba).

Only when these failed to provide the authority sought did jurists resort to interpretationijtihad.

In the very early days of Islam Muslim authorities tended to rely on their own opinions to establish their interpretation of what a prescribed law should be for any given situation not founded on the Qur'an, a practice known as ra'y.

The jurist ash-Shafi'i, however, preferred to rely solely on traditions from the prophet and thereafter on the method known as qiyas (analogy) where interpretations were to be derived from comparisons with relative subjects dealt with in the Qur'an or the traditions.

Once Shafi'i's school of law was fully established together with the other schools founded by Ahmad ibn Hanbal, Abu Hanifa and Malik, the "door" of ijtihad was closed and it was considered that ijma had been reached on all necessary points of law (though the schools differ in many matters to this day but mostly on minor points of interpretation). Accordingly, Islamic jurisprudence has changed little for centuries and is based fundamentally on the four sources mentioned above. There is much debate and critique as to whether closing the gates of ijtihad was acceptable and whether it contributed to the intellectual and civislisational decline of the Muslims.

In the Shi'a schools, they have continued with ijtihad to the present day. They however disputed the methodology of compilation of narrations of sunnah and also limited consensus of the companions to consensus of the family of the Prophet (ijma ahl al-bayt)

econdary Sources

*Istihsan
*Masali Mursala
*Ihsaan
*Istidlaal
*Urf
*Aql
*Sadd al-dharai
*Shara man qablana
*Ijma al-ummah
*Ijma khulafah al-rashideen
*Ijma ahl al-medina
*Ijma al-ullama
*Ijma ahl al-hali wa al-aqd

Principles

That which is necessary to achieve an obligation is obligatoryThat which leads to haram is haramLesser of the two evilsThe doubt does not remove the certainty

The schools of Thought

The schools of Sunni Islam are each named by students of the classical jurist who taught them. The Sunni schools (and where they are commonly found) are
*Hanafi (Turkey, the Balkans, Central Asia, Indian subcontinent, China and Egypt)
*Maliki (North Africa, West Africa and several of the Arab states of the Persian Gulf)
*Shafi'i (Indonesia, Malaysia, Egypt, East Africa, Yemen and southern parts of India)
*Hanbali (Arabia).
*Zahiri No longer exists
*Qurtubi No longer exists
*Laythi No longer exists

These schools share many of their rulings, but differ on the particular hadiths they accept as authentic and the weight they give to analogy or reason (qiyas) in deciding difficulties.

The Shiite schools comprise:
*Jafari (Iran, Iraq)
*Zaydi
*Abathi (Oman)

Famous Muslim Jurists (Usoolis)

*Nouman bin Thabit Abu Hanifa
*Mohammed Idris al-Shafii
*Malik bin Anas
*Ibn Hanbal
*Amidi
*Ghazali
*Sarkhasi
*Asnawi
*Abu Yusuf
*Shaybani
*Dawood al-Zahiri
*Imam Qurtibi
*Ibn Hazm
*Layth bin Sa'ad
*Sufian bin O'yayna
*Ja'far al-Sadiq
*Imam al-Shawkani

References

* http://www.sunnah.org/fiqh/usul/Default.htm
* http://www.ymofmd.com/books/uaf/default.htm
* http://www.usc.edu/dept/MSA/law/alalwani_usulalfiqh/
* http://onlineislamicstore.com/b4908.html