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HISTORY OF USUL FIKH' width='806' height='440' src='https://hikmetkapisi.com/wp-content/uploads/2025/05/Islamic-books-1-806x440.jpg'>							</div>
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				        			HISTORY OF USUL FIKH				        	</h2>
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								    <a href="https://hikmetkapisi.com/en/author/nizameddin29/" rel="author">Nizamuddin Demir</a>							    </span>
							    							    <span class="meta-date" datetime="9 May 2025"><i class="fa fa-calendar"></i>May 9, 2025</span>
							    <span class="meta-categories"><i class="icon-suitcase"></i><a href="https://hikmetkapisi.com/en/category/islami-arastirmalar/fikih/" rel="category tag">Canon law</a> , <a href="https://hikmetkapisi.com/en/category/genel/" rel="category tag">General</a></span>
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<p class="wp-block-paragraph">“The first preacher of the religious rules is our Master, the Messenger of Allah (peace be upon him). Thanks to the revelation and inspiration he received, he conveyed the religious rules to his honorable companions, and near the last days of his sacred life in this world, the verse … was revealed to him, and it was divinely ordained that the Islamic Sharia had reached its perfection.</p>



<p class="wp-block-paragraph">    The Messenger of Allah was a recipient of divine revelation, and in this respect, he was a great exegete and publisher of the religion of Islam, so there is no doubt that he was familiar with all religious rulings and evidence. His companions, who were inspired by his sublime presence, were also familiar with the divine proofs and provisions of religious law, and had a high linguistic ability in this regard. He was in touch with the honorable companions and   <strong>«</strong><strong>Of course</strong><strong>»</strong>  Many of the exalted people who received the title were born in a century close to felicity, they were taught by the distinguished companions, and they were well versed in the Arabic language, so they were also perfectly familiar with the evidences and rulings of the holy sharia. Therefore, in their blessed times, fiqh and the usulu fiqh were not in a state of being a science, consisting of a set of laws, theories and issues.</p>



<p class="wp-block-paragraph">     Towards the end of the Natural Age, the Islamic environment began to expand considerably, and many peoples of different races had acquired the honor of Islam. They needed to be familiar with the news and news of the Quran. Because in this way, they would be able to fully comprehend religious rules, social events were increasing day by day, various trends were emerging, and many issues needed to be resolved and explained.</p>



<p class="wp-block-paragraph">  As a result of this intervention, the extraordinary work of the Islamic scholars began to manifest themselves, many sciences were compiled, and the sciences of hadith, fiqh, usul al-fiqh, and the like, became comprehensive.</p>



<p class="wp-block-paragraph">     The successes of some Islamic scholars, who are called fuqaha and mujtahidin and who are truly worthy of the title of miraculous perfection with their high intelligence and knowledge, in the field of religious sciences are beyond all imagination.</p>



<p class="wp-block-paragraph">    The first person who divided the rules of jurisprudence into books, books into chapters, and chapters into sections and had them recorded by his disciples with their taqrir was Imam Azam, Abu Hanifa (may Allah have mercy on him). In this respect, the first great master who compiled jurisprudential issues as a science was Imam Azam and his very valuable and astute disciples.</p>



<p class="wp-block-paragraph">    The first person to establish some of the rules, manaji and matters of Usul-ul-Fiqh is Imam Abu Yusuf, the highest student of Imam Azam. However, he did not write a book on this subject. The honor of writing the first book on this subject belongs to Imam Shafi'i (may Allah have mercy on him).</p>



<p class="wp-block-paragraph">      Very large detailed works have been produced on the Usul of Muahharan fiqh. Some of these works were mostly applied to the issues of scientific theology and showed a great tendency towards rational deduction. Since the Shafi'i scholars mostly preferred this method, this part was called (Mutakallimin and Shafi'i path) or (Usul-u Shafi'i).</p>



<p class="wp-block-paragraph">    In another part of the Usul books, more importance was given to the application of Usul rules on jurisprudential issues, and these rules were mostly based on the nuketi fiqh. Since the Hanafi jurists also attached more importance to this part, this style was called (fuqaha and Hanafiyya profession) or (Usul Hanafiyya).</p>



<p class="wp-block-paragraph">   Later, some scholars combined these two styles and wrote books on the method in this way.</p>



<p class="wp-block-paragraph">The Usul of Hanafiyya is more difficult than the Usul of Shafiiyya. However, it is more suitable for a perfect understanding of Islamic law.” (Ö. Nasuhi Bilmen, “Islamic Law and Istılahatı Fıkhiyye” KAMUSU, Vol. 1, pp. 40-41. Bilmen Press and Publications, 1985. Istanbul)</p>



<p class="wp-block-paragraph"><strong>                    FIQH USUL</strong><strong>  TAR</strong><strong>IFI, ITS SUBJECT AND HISTORY</strong></p>



<p class="wp-block-paragraph">    Recipe:</p>



<p class="wp-block-paragraph"><strong>   Usul of Fiqh (Roots of Fiqh = Islamic Law Methodology), </strong><strong>It is a combination of relativity and the name of a special science; however, each part of this combination points to a part of the truth it expresses. This term, which is composed of muzaf and muzaf-i ilayh, has not completely moved away from the basis of relativity and has not become just a name. Therefore, while defining this term, we have to define each part separately.</strong><strong>       Fiqh (Jurisprudence):</strong></p>



<p class="wp-block-paragraph"><strong>     The literal meaning of this is a sharp and deep understanding that will grasp the purposes of words and actions. The words derived from this root in the following verses and hadiths are used in such a sense: “And We have certainly created for hell many men and jinn. They have hearts but they do not understand; they have eyes but they do not see; they have ears but they do not hear; they are like the animals, even more astray; they are the heedless.” (A’raf: 179) “What is the matter with them that they do not understand a word?” (Nisa: 78) “Whoever Allah intends good for, He makes him a faqih in religion.” (Bukhari; Knowledge, 10-13)</strong></p>



<p class="wp-block-paragraph"><strong>        This is the literal meaning of fiqh. Its conceptual meaning does not go far beyond this meaning; however, it has a special feature and can be defined as follows: fiqh is to know the religious and practical rules based on their detailed (separate) evidence. Accordingly, the subject of the science of fiqh consists of two parts:</strong></p>



<p class="wp-block-paragraph"><strong>    1) Knowing the religious and practical rules. Therefore, the religious rules such as knowing the unity of Allah, the sending of the Prophets and the necessity of conveying what they received from Allah, the Day of Judgment and things related to it are not included in the inclusive meaning of Fiqh.</strong></p>



<p class="wp-block-paragraph"><strong>     2) To know the detailed evidence for each ruling. For example; If a sale is mentioned with the contract of “Salem” (the purchase and sale contract where money is paid in advance and goods are paid on credit, it is necessary to provide evidence from the Book, the Sunnah and the fatwas of the Companions in order to be able to say that the money must be delivered at the time of the contract. When it is said that interest, whether small or large, is haram, it is necessary to mention evidence from the Book. If it is said that everything in excess of the principal is interest, it is necessary to read the verse, “If you repent, your principal is yours, so you will not be wronged and you will not be wronged.” (Baqarah: 279) as evidence. The person who explains that it is haram to consume people’s property unjustly should add the verse, “Do not consume your property unjustly among yourselves…” (Nisa: 29) to his words. So, the subject of the science of fiqh is halal, haram, makruh and These are the rulings regarding people's affairs in terms of being obligatory and the evidence on which they are based.</strong><strong>       Method:</strong></p>



<p class="wp-block-paragraph"><strong>     This word is the plural of “asi” and means root, foundation and basis. Its literal meaning and its technical meaning are compatible. Because, according to the usulis, the Usul of Jurisprudence is the foundation on which Jurisprudence is based. For this reason, Kemaluddin b. el-Humam (d. 861 H.) defines the Usul of Jurisprudence in his work “et-Tahrir fi UsûÜ'd-Din” as “knowing the rules that lead to the deduction of jurisprudential rulings.” What this means is as follows: The Usul of Jurisprudence is the science of rules that introduce the methods required to deduce practical rulings from their detailed evidence. For example; the Usul of Jurisprudence teaches us that the order is obligatory and the prohibition is tahrîm. When the jurist is going to explain the ruling on prayer in terms of whether it is obligatory or not, he reads the verse, “And establish prayer…” (An-Nisa: 102. An'am: 72). Zakat is also like that.  </strong></p>



<p class="wp-block-paragraph"><strong>When the Prophet wanted to explain the ruling of Hajj,  </strong><strong>He puts forward the hadith of (SA), “Allah has made the Hajj obligatory upon you, so perform the Hajj.” (Nasai, Menasik, 1, Ahmed b. Hanbel, Musnad, c/VI. sh:422). Similarly, when he is going to determine the ruling on alcohol, he mentions the verse, “O you who believe! Indeed, intoxicants (hamr), gambling, idols and divining arrows are abominations from Satan, so avoid them that you may be successful.” (Maidah:90) The word “avoid” in this verse prohibits approaching, and there cannot be a more eloquent prohibition to show that something is forbidden.</strong></p>



<p class="wp-block-paragraph"><strong>         Here is the difference between Fiqh and Usul of Fiqh: Usul is the method that explains the way a jurist should follow when deriving a ruling based on evidence and arranging the evidence according to its strength, prioritizing the Quran over the Sunnah, the Sunnah over qiyas and other evidence that is not directly based on the text. Fiqh is the derivation of rulings by adhering to these methods.</strong></p>



<p class="wp-block-paragraph"><strong>        The Usul of Fiqh in comparison to Fiqh is like the science of Logic in comparison to other philosophical sciences. Logic is a scale for the mind and a tool that protects it from error while thinking. Let us give another example: Just as the science of Nahiv (Nahv) is a measure that protects the tongue and pen from errors in speaking Arabic and reading and writing in this language, the Usul of Fiqh is a criterion that protects the jurist from error in the field of Fiqh and prevents him from making mistakes while deriving a ruling. Thanks to this, the jurist can understand whether the ruling he has made is sound or unsound. Just as we understand a correct sentence and an incorrect sentence thanks to Nahiv, and a proof obtained from scientific data and a proof that has not been obtained like this thanks to Logic.</strong><strong>           Subject of Usul of Fiqh:</strong></p>



<p class="wp-block-paragraph"><strong>          While explaining the relationship and difference between Fiqh and Usul of Fiqh, we also stated their subjects. As we said, the subject of Fiqh is practical rulings with their separate proofs.</strong></p>



<p class="wp-block-paragraph"><strong>            As for the Usul of Fiqh, this science deals with the method of deriving a ruling (istinbat). Although both sciences converge on evidence, there are aspects in which they differ from each other. Fiqh deals with evidence in order to derive particular and practical rulings and, as we have stated, determines the ruling expressed by each evidence. The Usul of Fiqh examines the method of deriving from evidence, the degrees and situations in terms of evidence being an evidence. It explains the fact that the Quran is an evidence, that it precedes the Sunnah and constitutes the essence of the Shari'ah, the conjectural and decisive evidence, the method that shows the way to go when there is a conflict between the apparent meanings of the texts, the degrees of indication of various expressions, the degrees of hass and amm. Then, it moves on to the responsible persons (individuals); to the extent of fulfilling the obligations, avoiding the forbidden, and complying with the orders and prohibitions.  </strong><strong>It states who the Sharia rules cover in terms of their reciprocity. After that, it identifies the effects of situations that are incidental to the personality, such as not knowing the Sharia, making a mistake, forgetting, and the situations that reduce or eliminate the responsibility of the person.</strong></p>



<p class="wp-block-paragraph"><strong>        With these considerations, we can say that all the issues related to the method that the jurist must adhere to when deriving a ruling in order not to deviate from the right path are included in the subject of the Usul of Fiqh. This science organizes the evidences, explains who is subject to the religious rules, who is included in the scope of these evidences due to their requirements, who has the capacity to draw a judgment and who does not have this capacity, the linguistic rules that guide the jurist in drawing a judgment from the texts, the criteria that form the basis of qiyas and discipline the methods of determining the unifying causes between the maqis-i aleyh (the rebel against whom the qiyas is made) and the maqis (the secondary subject of the qiyas). Likewise, this science shows the benefits that are valid in the religious law, the general rules that accept a special text on which the qiyas is based or on which there is no text. Then, it determines the place of the benefits when they conflict with qiyas, and such benefits are briefly called “istihsan”. Later, this knowledge explains the rulings, their purposes, parts, permissions and determinations. In addition to these, the Usul of Fiqh teaches the main method that the jurist must adhere to when deriving rulings.</strong><strong>    This science refers all the evidence in the Sharia to Allah. Because in the Islamic religion, as required by the general principles of this religion, the judge is Allah Himself. All of His evidence is a means of knowing Allah’s judgment. The book in which He informed His servants of His commands is the Quran. The Sunnah is the explanatory of this book. The Prophet (SAW) did not speak from his whims. All other evidence originated from these two sources. The conclusion is that the subject of this science is judgment in terms of explaining its reality, characteristics and types, the judge in terms of the evidence that shows that his judgment is emanated, the human being in terms of being addressed with judgments and proposals, and finally ijtihad in terms of being the means of deriving judgments. The Difference Between the Rules of Jurisprudence and the Usul of Jurisprudence: It is necessary to state the difference between the Usul of Jurisprudence and the rules of jurisprudence that bring together the minor judgments. These rules can be called the general theories of Islamic Jurisprudence due to their content. In fact, there is a course taught under this name in 'Ma'hedu'sh Shari'a (Islamic Law Institute). Some researchers cannot understand the difference between this and Usul of Jurisprudence. Therefore, we need to point this out.</strong></p>



<p class="wp-block-paragraph"><strong>      As we explained above, the Usul of Fiqh is the rule that the jurist must follow.</strong><strong>  explains the method, which is a law that must be adhered to in order not to make mistakes while deriving a ruling. The rules of jurisprudence are a collection of similar rulings that can be gathered in a qiyas or a jurisprudential rule that combines several rulings. According to the Sharia, the rules of ownership, the rules of compensation, the rules of choice, the rules of termination can be mentioned here as examples. These are the results of small and scattered rulings that the jurist who deals with the issues in detail has dealt with and connected them with the help of rules or theories that bring them together. As an example of such works, Izzuddin b. Here, we can mention the works of Abdisselam, “Kavâidu'ul-Ahkâm”, al-Karâfi’s “Envâru'l-Bürûk fi Envâi'l-Furûk” from the Malikis, Ibn Nuceym’s “el-Eşbâh ve'n-Nezâir” from the Hanafis, Ibn Cizzi (İbn Juzey) Muhammad b. Abdillah b. Yahya’s “el-Kavânînu'l-Fıkhıyye” from the Malikis, Burhanüddin İbrahim b. Ali b. Ferhûn’s “Tabsıratu'l-Hukkâm”, and Ibn Rajab’s “el-Kavâidu'l-Kubrâ”, which brings together the scattered issues of the Hanbali school of thought.</strong></p>



<p class="wp-block-paragraph">    We can say that reading and examining these rules is a study of fiqh; it is not a study of the usul of fiqh. These rules are based on the principle of gathering and unifying similar issues from the fiqh rulings. In this respect, it is possible to divide fiqh into three interconnected levels as Usul, furu' and qawaid (rules). Usul is the basis of secondary fiqh issues. When various fiqh collections were formed, it was possible to gather the furu'u and scattered issues under general and unifying rules, and these rules can be called fiqh theories.</p>



<p class="wp-block-paragraph">     The Birth of Usul of Fiqh:</p>



<p class="wp-block-paragraph">    The Usul of Fiqh was born together with Fiqh. However, its codification was after Fiqh. Where Fiqh exists, the istinbat method will inevitably exist; when the istinbat method exists, the Usul of Fiqh will of course exist.</p>



<p class="wp-block-paragraph">      Considering that deriving jurisprudential rulings (istinbat) began in the era of the Companions after the Prophet (SAW), jurists such as Ibn Mas'ud, Ali ibn Abi Talib, and Omar ibn al-Khattab, who were among the Companions, probably did not express their opinions without any restrictions or basis.</p>



<p class="wp-block-paragraph"><strong>    For example, regarding the punishment of those who drink alcohol, Hz. Ali said, "When a person drinks alcohol, he becomes delirious, and when he becomes delirious, he commits Kazf (adultery slander), therefore, the person who drinks should be punished with Kazf", and he said that according to the result or the principle of Zariya.  </strong><strong>He was using the ruling method. Abdullah b. Mas'ud says, "The waiting period of a pregnant woman whose husband dies is until she gives birth." and after presenting the verse, "The waiting period of those who are pregnant is completed when they give birth." (At-Talaq: 4) as evidence for his statement, he added that the smaller Surah An-Nisa was revealed after the larger Surah An-Nisa, and thus he wanted to explain that the Surah At-Talaq came after the Surah Al-Baqarah. With this, he was referring to a rule of Usul al-Fiqh. This is that the later nass esfa or appropriates the earlier nass.  </strong></p>



<p class="wp-block-paragraph"><strong>       Here, Ibn Mas'ud acted according to the principles of Usul al-Fiqh. Therefore, we must say that the Companions relied on such methods in their ijtihad, even if they did not always explain it.  </strong></p>



<p class="wp-block-paragraph"><strong>If we move on to the age of the Tabi'ites, we see that with the increase of new events, the field of ijtihad expanded, and a group of Tabi'ites such as Said b. al-Musayyib and others in Medina, Alqama and Ibrahim Nahai in Iraq devoted themselves to giving fatwas. They had the book of Allah, the Sunnah of the Prophet (SAW) and the fatwas of the Companions before them. Some of them used maslaha where there was no nass, and some used the method of qiyas. The secondary issues put forward by Ibrahim Nahai and his peers, who were among the jurists of Iraq, were directed towards determining the causes of qiyas and linking them to a discipline, and applying these causes to other secondary issues.</strong></p>



<p class="wp-block-paragraph"><strong>     In this era, methods are becoming more clear compared to before; schools of jurisprudence </strong><strong>   As they diverged from each other, the methods of deduction of each school became more distinct.</strong></p>



<p class="wp-block-paragraph"><strong>If we pass the age of the Tabi'is and reach the era of the Mujtahid Imams, we see that these methods have become completely clear. In this era, the laws of istinbat, the limits of these laws have become clear and they have found their clear expressions in the language of the Imams. For instance; we see that Abu Hanifa determined his own istinbat methods and stated that he would follow the fatwas of the Book, Sunnah and the consensus of the Companions, and that if the Companions disagreed, he would follow the opinion he preferred from them, and that he could not always follow the opinion of the Tabi'is because they were all human beings like him, and that he accepted certain methods of qiyas and istihsan. In fact, his student Muhammad b. al-Hasan al-Shaybani said about Abu Hanifa; "His students used to argue with him about qiyas; when he said he was making istihsan, no one could catch up with him."</strong></p>



<p class="wp-block-paragraph"><strong>Imam Malik, while accepting the deeds of the people of Medina as proof, while clearly asserting this in his books and treatises, while revealing the conditions in the narrations of hadith, while criticizing the hadiths like a skilled money changer, while rejecting the hadiths that contradict the rulings stated in the Quran or the definitive rules of the religion, acted clearly according to the principles of the Usul of Jurisprudence. For example; by following this principle, he rejected the hadith, “If a dog sticks its tongue into someone’s pot, he should wash it seven times…”, the hadiths stating that alms can be given on behalf of a dead person and the khiyar-i majlis. Imam Abu Yusuf also followed a clear method in his “Kitabu’l-Kharaj” and in the refutation he wrote in Awza’i’s “Siyer”. However, he did not compile the method of ijtihad either. (Prof. Dr. Muhammed Ebu Zehra, Usulü Fiqh, pp:19-24. Ankara-1990Translation: Prof. Dr. A. Şener)    </strong>Nizamuddin Demir</p>
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  • About Nizamuddin Demir

    Our website was established to provide scientific and satisfying answers to all kinds of questions you are curious about and need answers to regarding Islamic issues, based on reliable sources. Our aim is to bring you the authentic information of our religion in a correct, understandable and fast way, according to the Hanafi School; to be a solid guide for you in your research and learning journey.

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