Translation of Mufti Tahir’s Ilm al-Fiqh

In the name of Allah, the inspirer of truth

وَأَنزَلْنَآ إِلَيْكَ ٱلذِّكْرَ لِتُبَيِّنَ لِلنَّاسِ مَا نُزِّلَ إِلَيْهِمْ وَلَعَلَّهُمْ يَتَفَكَّرُونَ

“…We have sent down the message to you too [Prophet], so that you can explain to people what was sent for them, so that they may reflect.” (Naḥl, 16:44)

وَتِلْكَ ٱلْأَمْثَـٰلُ نَضْرِبُهَا لِلنَّاسِ ۖ وَمَا يَعْقِلُهَآ إِلَّا ٱلْعَـٰلِمُونَ

“Such are the comparisons We draw for people, though only the wise can grasp them.” (ʿAnkabūṭ, 29:43)  

An elaboration on these two disciplines is presented below.

The Science of Fiqh (Islamic Jurisprudence)

Definition and Evolution of Fiqh

The term “fiqh” literally means “to understand” or “to comprehend”. The Qur’ān has used fiqh in this lexical sense.

Technically, its definition has evolved across different historical periods, reflecting the scope of its subject matter:

1. “The knowledge of what benefits and harms the soul.”

مَعْرِفَةُ النَّفْسِ مَا لَهَا وَمَا عَلَيْهَا

This definition, attributed to Imam Abū Ḥanīfah (d. 150), reflects the early era when fiqh encompassed creed (ʿaqīda), physical acts of actions (aʿmāl ẓāhira), and inward ethics (akhlāq). Later on, these three parts became stand-alone sciences, with fiqh simply focusing on physical actions.  This resulted in the following more nuanced definitions.

2. “The knowledge of practical legal rulings derived from their detailed evidence.”

العِلْمُ بِالأَحْكَامِ الشَّرْعِيَّةِ العَمَلِيَّةِ المُكْتَسَبُ مِنْ أَدِلَّتِهَا التَّفْصِيلِيَّةِ

This definition excludes disciplines not rooted in Sharīʿah, as well as topics such as creed and ethics. “Detailed evidence” refers to the Qur’ān, Sunnah, ijmāʿ (consensus), and qiyās (analogical reasoning). The word “derived” requires the jurist to extract legal rulings from the evidence. Hence, whoever is incapable of doing so is not worthy to be called a jurist (faqīh). Since there has been a decline in this level of juridical expertise, a third definition of fiqh was coined.

3. “The knowledge of practical legal rulings along with their evidence.”

العِلْمُ بِالأَحْكَامِ الشَّرْعِيَّةِ العَمَلِيَّةِ مَعَ أَدِلَّتِهَا

According to this definition, a jurist is anyone who knows the rulings of Sharīʿah with their proofs and possesses the ability to determine them from the primary sources. Nowadays, fiqh is commonly understood with this definition.

Subject Matter and Scope of Fiqh

The subject matter of fiqh is the actions of legally responsible individuals (mukallaf), and their legal status, such as lawfulness (ḥilla), unlawfulness (ḥurma), preferability (istiḥbāb), and dislike (karāha). Fiqh is a comprehensive discipline that addresses all facets of human life, categorised as follows:  

1. Worship (ʿIbādāt) – Rulings governing the relationship between Allah and the servant. This includes worship such as prayer, fasting, charity, pilgrimage, ritual sacrifice, iʿtikāf, oaths and vows.
2. Marital and Family Law (Munākaḥāt) – Rulings related to non-financial interpersonal matters, such as marriage, divorce, child-care and custody, inheritance, and wills.  
3. Financial Dealings (Muʿāmalāt) – Rulings governing financial interactions, including sales, leases, partnerships, and loans.  
4. Judicial Procedures (Murāfaʿāt) – Rulings related to adjudication, including the processes of judgment, litigation, legal testimony and representation.
5. Criminal Law (ʿUqūbāt) – Rulings on crimes and punishments, including prescribed ḥudūd punishments, discretionary punishments (taʿzīr), retaliatory punishments for murder, bodily harm, and other crimes.  
6. Constitutional Law (Dustūrī Qawānīn) – Rulings concerning the rights and duties of the state and its citizens. These are discussed in the Chapter of Leadership (Kitāb al-Imārah).
7. International Law (Siyar) – Rulings and regulations governing relations between states. These are discussed under the heading of Jihād and Siyar.

Objectives and Purpose of Fiqh

1. To easily understand the rules and guidance related to practical human life from the Qur’ān and Sunnah.
2. To develop the ability to derive and explain rulings from the Qur’ān and Sunnah correctly, so that new issues can be solved.
3. To protect society from harmful customs and traditions that oppose the Qur’ān and Sunnah.

The Necessity and the Importance of Fiqh

The necessity and importance of fiqh is clear from its purposes mentioned above. The Qur’ān and Sunnah demonstrate the importance and significance of fiqh in numerous instances.

Zayd ibn Thābit h (d. 45) reported: The Messenger of Allah, peace and blessings be upon him, said,

نَضَّرَ اللَّهُ امْرَأً سَمِعَ مِنَّا حَدِيثًا فَحَفِظَهُ حَتَّى يُبَلِّغَهُ فَرُبَّ حَامِلِ فِقْهٍ إِلَى مَنْ هُوَ أَفْقَهُ مِنْهُ وَرُبَّ حَامِلِ فِقْهٍ لَيْسَ بِفَقِيهٍ

“May Allah brighten the face of a person who hears a tradition from us and he memorises it until he can convey it to others. Perhaps he will convey it to one who understands better than him, and perhaps one who conveys knowledge does not understand it himself.” (Abū Dāwūd: 3660)

Muʿāwiyah h (d. 60) reported: The Messenger of Allah, peace and blessings be upon him, said:

مَنْ يُرِدِ اللَّهُ بِهِ خَيْرًا يُفَقِّهْهُ فِي الدِّينِ، وَإِنَّمَا أَنَا قَاسِمٌ وَاللَّهُ يُعْطِي

“To whomever Allah wills goodness, He grants him understanding of the religion. Verily, I am only a distributor, but Allah is the giver…” (Bukhārī: 71)

The parable of the Qur’ān and Sunnah is that of a jungle. Fiqh is the torch that illuminates the correct path to understanding the rules therein. This is why our elders made the initial stages of the Dars-e Niẓāmī focused on the study of fiqh and uṣūl al-fiqh, and then tafsīr and ḥadīth later. All the scholars of tafsīr and ḥadīth were followers (muqallid) of a mujtahid scholar. This fact alone demonstrates the essential place of fiqh.

There are also numerous statements and incidents from scholars that highlight the importance of fiqh, stemming from the in-depth understanding of hadiths that jurists possess. For example, Imam Tirmidhī (d. 279) said,

… وَكَذَلِكَ قَالَ الْفُقَهَاءُ وَهُمْ أَعْلَمُ بِمَعَانِي الْحَدِيثِ

“…the jurists are more knowledgeable regarding the meaning of hadiths.” [Tirmidhī, 3:307]

Imam Abū Yūsuf (d. 182) narrates an interesting incident between him and his teacher, Sulaymān al-‘Aʿmash (d. 148):

سَأَلَنِي سُلَيْمَانُ الأَعْمَشُ عَنْ مَسْأَلَةٍ، فَأَجَبْتُهُ عَنْهَا، فَقَالَ لِي: مِنْ أَيْنَ قُلْتَ هَذَا؟ قَالَ: قُلْتُ لَهُ: لِحَدِيثٍ حَدَّثْتَنَاهُ أَنْتَ، ثُمَّ ذَكَرْتُ لَهُ الحَدِيثَ، فَقَالَ لِي: يَا يَعْقُوبُ، إِنِّي لَأَحْفَظُ هَذَا الحَدِيثَ قَبْلَ أَنْ يَجْتَمِعَ أَبَوَاكَ، فَمَا عَرَفْتُ تَأْوِيلَهُ إِلَّا الآنَ

“Sulaymān al-‘Aʿmash once asked me a question regarding a particular issue. I answered him, and he asked, ‘Where did you get that from?’ I replied, ‘From a hadith you yourself narrated to us.’ Then I reminded him of the hadith. Upon hearing this, he said, ‘O Yaʿqūb, I have memorised this hadith since before your parents had even come together, yet I never understood its meaning until this very moment.’”[1]

Imam al-Shāfiʿī (d. 204) said:

جَمِيعُ مَا تَقُولُهُ الْأُمَّةُ شَرْحٌ لِلسُّنَّةِ وَجَمِيعُ السُّنَّةِ شَرْحٌ لِلْقُرْآنِ

“Everything the Imams say is an explanation of the Sunnah, and all of the Sunnah is an explanation of the Qur’ān” [2]

The Source of Fiqh

The term “tafsīliyyah” in the definition of fiqh refers to its derivation from the Qur’ān, Sunnah, ijmāʿ, and qiyās These four are the agreed-upon sources of fiqh, with the first two considered the core foundations. This adds to the beauty and importance of fiqh as it is considered the “fruit of the Qur’ān and Sunnah”.[3]

The Science of Uṣūl al-Fiqh (Principles of Jurisprudence)

Definition and Purpose

Uṣūl al-fiqh, as defined by Qāḍī Bayḍāwī (d. 685), is:

هُوَ مَعْرِفَةُ دَلَائِلِ الفِقْهِ إِجْمَالًا، وَكَيْفِيَّةُ الِاسْتِفَادَةِ مِنْهَا، وَحَالُ المُسْتَفِيدِ

“The recognition of the evidence of fiqh (dalā’il al-fiqh) generally (ijmālan), the methodology of deriving rulings from them (kayfiyyat al-istifādat minhā), and the state required for such derivation (ḥāl al-mustafīd).”[4]

This definition brings the following to light:

• Dalā’il al-Fiqh – This refers to the evidences of Sharīʿah; some of which are agreed-upon and some which are not. The agreed-upon are the Qur’ān, Sunnah, ijmāʿ (consensus), and qiyās (analogy), whilst the differed-upon include āthār al-ṣaḥābah (transmissions of the Companions), sharʿ man qablanā (the laws of the past nations before the Prophet Muhammad g), istiḥsān (juristic preference), istiṣḥāb (presumption of continuity), istiṣlāḥ (consideration of public benefit), sadd al-dharā’iʿ (blocking the means), and ʿurf (custom). On the other hand, Uṣūl al-Fiqh is the science through which law is derived from these evidences. An example of both is a cooking pot and a spoon; the evidence of fiqh is the pot, and uṣūl al-fiqh is the spoon that is used to extract what is in the pot.
• Ijmālan – This refers to discussing the evidences of fiqh in a general and broad sense, without a detailed mention of the derived rulings from these evidences.
• Kayfiyyat al-Istifādat Minhā – This refers to explaining the methodology used to derive rulings from evidence. For example, an affirmative (muthbit) text takes precedence over a negative (nāfī) one, an abrogating text (nāsikh) is given preference over the abrogated (mansūkh), an explicit wording (naṣṣ) is given priority over the apparent meaning of a text (ẓāhir), and the direct expression of a text (ʿibārat al-naṣṣ) is preferred over the indirect indication (ishārat al-naṣṣ).
• Ḥāl al-Mustafīd – This concept relates to how non-mujtahid jurists benefit from and operate within the framework established by uṣūl al-fiqh. Since deriving law actually falls within the remit of a mujtahid, a non-mujtahid can only truly benefit from uṣūl al-fiqh through a mujtahid, hence why the science also mentions the conditions of ijtihad and other related matters.

In summary, uṣūl al-fiqh is the science that discusses the evidences of Sharīʿah, the process of extracting legal rulings, and the qualities and conditions of those who do so.

Objectives and Purposes of Uṣūl al-Fiqh

The objectives and benefits of uṣūl al-fiqh are as follows:

1. Understanding the methods and principles for extracting legal rulings from Sharʿī evidence.
2. Gaining inner conviction and peace of mind by gaining sound knowledge of the evidence behind legal rulings.
3. Critically evaluating strong and weak evidence.
4. Refuting misinterpretations and distortions of the Qur’ān and Sunnah and addressing the doubts raised by those who misrepresent the texts. Uṣūl al-fiqh is of great importance because, through this science, errors in deduction and inference can be correctly identified and clarified.
5. Developing the necessary capability to resolve contemporary issues; a task that is impossible without expertise in uṣūl al-fiqh. Many modern problems are linked to concepts such as ʿurf, maṣāliḥ mursalah (unrestricted public interest), ḍarūrah and ḥājah (necessity and need), sadd al-dharā’iʿ, and qiyās. No sound judgment can be formed on such matters without mastery of this science.

The Need and Importance of Uṣūl al-Fiqh

The previously mentioned objectives and aims of usul al-fiqh clearly highlight their critical importance and necessity. If one is deprived of usul al-fiqh, one may slip away from the straight path and fall into deviation and misguidance. This is because guidance is found in the Qur’ān and Sunnah, but without uṣūl al-fiqh, it is neither possible to extract rulings from the evidences, nor to distinguish between correct, incorrect, strong, weak, or preferred proofs.

The First Book in Uṣūl al-Fiqh

Just as the development of fiqh is credited to the Hanafi jurists, so too is uṣūl al-fiqh.

Imām Shāfiʿī, who said, “In matters of Fiqh, people are dependent upon Abū Ḥanīfah”[5] wrote the Risālah, which is often cited as the first formal work in uṣūl al-fiqh. This work was named such because Imām Shāfiʿī wrote it in response to certain questions posed by ʿAbdur Raḥmān [Ibn] al-Mahdī. However, it should be noted that Imām Abū Yūsuf had already written on uṣūl al-fiqh. Though his work no longer exists, early scholars have quoted excerpts from it in their writings, which stands as strong evidence that Imām Abū Yūsuf authored the earliest treatise on uṣūl al-fiqh.[6]

Methodologies of Uṣūl al-Fiqh Books

Just as the development of fiqh is credited to the Hanafi jurists, so too is uṣūl al-fiqh.

The methodologies of writing and compilation of uṣūl al-fiqh books can be broadly classified into three: [7]

A.      Derivational and Theoretical Approach

This approach involves defining the principles of jurisprudence and then supporting them with evidence from the Qur’ān and Sunnah, and subsequently evaluating the rulings given by jurists in light of these principles.

Key works in this methodology include:

• The Mustaṣfā by Imām Ghazālī (d. 505)
• The Burhān by Imām Juwaynī (d. 478)
• The Maḥṣūl by Imām Rāzī (d. 606)
• The Iḥkām fī Uṣūl al-Aḥkām by Imām Āmidī (d. 631)

B.       Inductive and Applied Approach

This method, famously associated with the Hanafi school, involves examining the rulings issued by jurists and then identifying the underlying juristic principles therein. Here, the principles are derived from the juridical rulings themselves.

Key works in this methodology include:

• Uṣūl al-Jaṣṣāṣ by Imām Jaṣṣāṣ (d. 370)
• Taqwīm al-Adillah by Imām Dabūsī (d. 429)
• Uṣūl al-Bazdawī by Imām Bazdawī (d. 482)
• Kashf al-‘Asrār by Imām ʿAbdul ʿAzīz al-Bukhārī (d. 591)

C.      Comprehensive Method

This approach combines both the aforementioned methods. Principles are derived from the Qur’ān, Sunnah and the rulings of the jurists. This comprehensive method is preferred among the later scholars.

Key works in this methodology include:

• Badīʿ al-Niẓām by Imām Sāʿātī (d. 684)
• The Tawḍīḥ wa al-Talwīḥ by Imām Ṣadr al-Sharīʿah (d. 750)[8]
• The Taḥrīr by Imām Ibn al-Humām (d. 863)
• Musallam al-Thubūt by Imām al-Bihārī (d. 901)
• Uṣūl al-Sarakhsī by Imām al-Sarakhsī (d. 490)

Subject Matters of Uṣūl al-Fiqh

The classical and later books of uṣūl al-fiqh are very well-organised and comprehensive. In particular, two books are particularly useful:

• The Wajīz by Imām Zaydān (d. 1435)
• Uṣūl al-Fiqh al-Islāmī by Shaykh Wahbah al-Zuḥaylī al-Shāfiʿī (d. 1436)

In later uṣūl al-fiqh texts, topics are generally divided under four headings:

1. Sources of law (uṣūl al-sharʿiyyah)
2. Rulings (aḥkām)
3. Principles of extrapolation and language (qawāʿid al-istinbāṭ /qawāʿid al-lughawiyyah)
4. Miscellaneous (mutafarriqāt)

Uṣūl al-shar’iyyah

These are divided into two types: the principles that are agreed upon (ittifāqī) and those that are differed upon (ikhtilāfī). Classical texts, such as Uṣūl al-Shāshī, usually only detail the former.

Aḥkām

Four elements are discussed in this section:

•  Ḥukm – There are two different types of rulings. The first are normative rulings (aḥkām taklīfiyyah) such as obligatory farḍ and mandatory wājib. The second are declaratory rulings (aḥkām waḍʿiyyah) like the juridical cause (ʿillat) and juridical condition (sharṭ).
•  Ḥākim (rule-giver) – This includes discussions on the recited revelation (waḥī matlū), non-recited revelation (waḥī ghayr matlū), ḥasan and qabīḥ (morally good and bad).
•  Maḥkūm fīh (the matter being ruled upon) – This includes the issue or object that the ruling is being given about. For example, the conditions and types of prayer and other actions.
•  Maḥkūm ʿalayh (the subject to the ruling) – This includes discussions on legal capacity, its conditions and circumstances of the person to whom the ruling applies.

Qawāʿid al-Istinbāṭ /Qawāʿid al-Lughawiyya

This section discusses the principles that are used to explain the Qur’ān and Sunnah. These principles are divided into four:

• Alfāẓ (words) – This discusses the various types of wording, such as khāṣṣ (specified), ʿām (general), ḥaqīqah (literal) and majāz (figurative).
• Ḥurūf (particles) – This discusses the different types of particles and what meanings they have.
• Amr wa Nahy (commands and prohibitions) – This discusses the imperative and prohibitive word forms and ‘adā’ (fulfilment within the prescribed time) and qaḍā’ (fulfilment after the prescribed time).
• Wujūh al-Bayān (degrees of clarification) – This section discusses the underlying causes or justifications for legal rulings.

Mutafarriqāt

This section deals with the remaining topics of uṣūl al-fiqh, such as:

• Maqāṣid al-Sharīʿah (objectives of Sharīʿah) – This part discusses the uṣūl al-khamsah (the five essentials): preservation of religion, life, intellect, property, and lineage. It also includes discussions on ḍarūrah (necessity) and ḥājah (need).
• Taʿāruḍ al-Adillah (dealing with conflicting evidence)
• Ijtihād (independent juridical reasoning) and taqlīd (following the reasoning of another jurist)

Method of Attaining Mastery in Fiqh and Uṣūl al-Fiqh

To gain a deep understanding and expertise in any field, two things are required:

• Diligent Effort – This refers to extensive study. It is fundamental, and without it, mastery is impossible. The need for study and research in the Islamic sciences is like the body’s need for food. Imām Ibn al-Nujaym (d. 970), the renowned jurist, shared how he gained mastery in fiqh. He would consistently remain awake at night studying, such that every book in the vast city of Cairo had passed through his study. His personal library contained all the major books of fiqh and uṣūl al-fiqh, which he meticulously read. He would advise students that mastery cannot be achieved through mere desire. It requires hard work, effort, and perseverance.[9]
• Accompanying the Experts – This is another extremely essential component to gain mastery and correctly understand the methodology and principles of any field, especially in Self-study alone, as many past and present examples show, may lead one down an incorrect path. This is why, along with the divine scriptures, Allah sent the prophets.

[10]

The Companion, ʿAlī h (d. 40), has a few lines of poetry:

“My brother, you will never attain knowledge except through six. I will explain them clearly:

Intelligence, diligence, relentless effort, adequate means, the company of a teacher, and a long span of time.”

Footnotes

[1] Ibn Abī ‘l-ʿAwwām, Abū ‘l-Qāsim ʿAbdullāh b. Muḥammad al-Saʿdī. Faḍā’il Abī Ḥanīfah wa-Akhbārih wa-Manāqibih. 1 vol. (Makkah al-Mukarramah: al-Maktabah al-Imdādiyyah, 1st ed., 1431 AH / 2010 CE): 302.

[2] Al-Zarkashī, Abū ʿAbdullāh Badr al-Dīn Muḥammad b. ʿAbd Allāh b. Bahādur. Al-Burhān fī ʿUlūm al-Qurʾān. 4 vols. (Cairo: Dār Iḥyāʾ al-Kutub al-ʿArabiyyah, 1st ed., 1376 AH / 1957 CE; reprint, Beirut: Dār al-Maʿrifah, same pagination): 1:6.

[3] For further explanation, refer to the introduction of Miṣfāt al-Yanābīʿ.

Muftī Muḥammad Ṭāhir, Miṣfāt al-Yanābīʿ Sharḥ Mishkāt al-Maṣābīḥ, vol. 1 (Saharanpur: Dār al-Ta‘līmāt, Mazāhir ‘Ulūm, Sha‘bān 1442 AH / April 2021).

[4] Al-Bayḍāwī, Qāḍī al-Quḍāt ʿAbdullāh b. ʿUmar. Minhāj al-Wuṣūl ilā ʿIlm al-Uṣūl. Edited and annotated by Muṣṭafā Shaykh Muṣṭafā. (Beirut: Dār al-Risālah, n.d.): 16.

[5] قَالَ الشَّافِعِيُّ: النَّاسُ فِي الفِقْهِ عِيَالٌ عَلَى أَبِي حَنِيْفَةَ.

Al-Dhahabī, Shams al-Dīn Abū ʿAbd Allāh Muḥammad b. Aḥmad b. ʿUthmān b. Qāymāz. Siyar Aʿlām al-Nubalāʾ. Edited by a team of editors under the supervision of Shaykh Shuʿayb al-Arnāʾūṭ. 25 vols. (Beirut: Muʾassasat al-Risālah, 3rd ed., 1405 AH / 1985 CE): 6:403.

[6] For further detail, refer to Fiqh Islami: Tadwīn wa Taʿāruf by Mawlānā Khālid Saifullah Rahmani.

Rahmānī, Mawlānā Khālid Saif Allāh. Fiqh Islāmī: Tadwīn wa-Taʿāruf. 1st ed. (Deoband, Saharanpur, UP: Kutub Khānah Naʿīmiyyah, 1429 AH / 2008 CE), 376 pp.

[7] For further detail, refer to Usūl al-Fiqh al-Islāmī by Shaykh Wahbah al-Zuḥaylī (d. 1436).

Al-Zuḥaylī, Wahbah. Uṣūl al-Fiqh al-Islāmī. 1st ed. (Damascus: Dār al-Fikr, 1406 AH / 1986 CE).

[8] The Tawḍīḥ, and its base text, the Tanqīh, are both written by Imām Ṣadr al-Sharīʿah al-Maḥbūbī. However, the Talwīḥ, which is a commentary on the Tawḍīḥ, is written by Imām Saʿd al-Dīn Masʿūd al-Taftāzānī (d. 791).

[9] هذا لأن الفقه أول فنوني، طال ما أسهرت فيه عيوني وأعملت بدني إعمال الجد ما بين بصري ويدي وظنوني، ولم أزل منذ زمن الطلب أعتني بكتبه قديما وحديثا، وأسعى في تحصيل ما هجر منها سعيا حثيثا، إلى أن وقفت منها على الجم الغفير، وأحطت بغالب الموجود في بلدنا (القاهرة) مطالعة وتأملا بحيث لم يفتني منها إلا النزر اليسير، ما ستراه عند سردها، مع ضم الاشتغال والمطالعة لكتب الأصول من ابتداء أمري

Ibn Najīm, Zayn al-Dīn b. Ibrāhīm b. Muḥammad al-Miṣrī. al-Ashbāh wa-al-Naẓāʾir ʿalā Madhhab Abī Ḥanīfah al-Nuʿmān. Annotated and hadiths verified by Shaykh Zakariyyā ʿAmayrāt. 1st ed. (Beirut: Dār al-Kutub al-ʿIlmiyyah, 1419 AH / 1999 CE): 15.

[10] Al-Zarnūjī, Burhān al-Dīn. Taʿlīm al-Mutaʿallim fī Ṭarīq al-Taʿallum. 3rd ed. (Beirut: Dār Ibn Yir, 1435 AH / 2014 CE): 52.