Usul al-fiqh
As usul al - fiqh (Arabic اصول الفقه, usul al - fiqh DMG, roots of understanding ') is the Islamic system of science refers to that discipline that deals with the sources and methodological basis of the finding of norms ( fiqh ). The usul al - fiqh are here to Furu ʿ al - fiqh ( "branches of understanding " ) against, so that the individual standards in the field of acts of worship ( ʿ ibadat ) and social coexistence (mu ʿ āmalāt ) are meant. A specialist in the field of usul al - fiqh is called Usuli ( اصولي, DMG Usuli ).
Although, strictly speaking, form usul al - fiqh and furu ʿ al - fiqh, the two parts of the Islamic jurisprudence, usul al - fiqh but is usually referred to as a distinct discipline in addition to Fiqh. With regard to the relationship between the two disciplines, there was the view that fiqh is the result of usul al - fiqh.
To date, the usul al - fiqh are at the core part of the training in Islamic universities of the Madrasa and Hawza type. They are considered the most important scientific discipline in the formation of a mujtahid.
Subject matter of usul al - fiqh
It is generally assumed that there are four canonical sources of the standard finding in Islam, namely the Quran, the Sunnah of the Prophet, the consensus ( ijma ʿ ) and analogy ( qiyas ). Accordingly, the science al - fiqh intensively addressed by the usul with theoretical and methodological concepts that relate to these four sources of law. These include the principles of legal hermeneutics text, assessing and probative value of the Hadith, which are considered the documentation of the Sunna, ijma ʿ methodological issues and qiyas, the Abrogrationslehre and the ratio of clarification ( Bayān ) between the Qur'an and Sunnah. The textual hermeneutics fans out again in different subareas and also deals with the question of when the actual meaning, and when the figurative meaning must be based on a text.
In addition, there depending on the apprenticeship direction for quite a number of other methods of finding of norms as " equitable consideration " ( istiḥsān ), " orientation to the common good " ( istiṣlāḥ ), " weighing " ( tarǧīḥ ), " obstructing the agents ( Forbidden )" ( sadd ad- Dara ʾ i ʿ ), " adoption of continuity " ( istiṣḥāb ) and consideration of " customary law " ( ʿ Urf ). Some of the later authors summarize these secondary methods of finding of norms together under the category istidlâl ( " information - search") and consider them as a fifth source of law. Other important topics that belong to the usul al - fiqh, the various rating categories ( Ahkam ) of actions and the question of the liability of ijtihad and taqlid.
Already several Muslim scholars of pre-modern time have found that usul al - fiqh is actually a conglomeration of various other sciences. Thus, the Egyptian scholar Muhammad ibn az- Bahādur Zarkaschī in his work al -Bahr al einschlägigem - Muhit wore (d. 1392 ) considered before, that usul al - fiqh contains almost nothing that is not out of the Kalam, the Arabic grammar, or Hadith science is derived. The only genuine area of this science is, if anything, the treatment of ijtihad, ijma ʿ, qiyas and inner contradiction (ta ʿ Arud ). But even some of these issues were actually other sciences like usul ad - dīn ( "Fundamentals of Religion " ) and Fiqh.
An issue that al - fiqh was initially as a section of Usul, but then developed into an independent legal discipline, are the so-called " law maxims " ( Qawa ʿ id fiqhīya ). One of the first scholars who drew up an independent work to this discipline, was the Egyptian Ibn ʿ Abd as- Schafiit Salām as- Sulami (d. 1262 ), with its al - ʿ id al - Kubra Qawa.
History
The Iraqi scholar al - Khateeb al - Baghdādī (d. 1071 ) writes the Hanafi jurist Abū Yūsuf (d. 798 ) to the merit of having been the first to books on usul al - fiqh was drafting. Also, by Muhammad al- Schaibānīs (d. 805), a student of Imam Abu Hanifa and Abū Yūsuf, is mentioned a " book on usul al - fiqh " ( Kitaab Usool al - fiqh). As has been preserved from those books but nothing that can not be said with certainty whether the two Hanafi authors have used the term usul al - fiqh you ever used or their books were not assigned until later this discipline. In the circles of the Shafi'i, Hanbali and Maliki was later ash- Shafi ʿ ī (d. 820) and his Risala as the real founder of usul al - fiqh. Although Ash- Shafi ʿ ī treated in the above-mentioned work the one subject area which was later subsumed under this term, but he does not use the expression usul al - fiqh itself
Terminological importance was the term usul al - fiqh until the mid-10th century, when the Hanafi Ahmad al- Schāschī (d. 955 ), Ahmad al - Dschassās (d. 980 ) and Abū Zayd ad - Dabūsī (d. 1039 abfassten ) Special works to do so.
The theological Usul -al- fiqh tradition
While the Hanafi tradition of usul al - fiqh, the (d. 1089 ) reached its peak in the relevant work of al - Bazdawī, was rather based on the practical computation Stan turns, formed around the turn of the 11th century in mu ʿ tazilitischen circles a new Usul al - fiqh tradition, which concentrates more on the Kalam and the logic based and the principles in question treated accordingly abstract. A particularly important issue of this theological Usul -al- fiqh literature is the taklif ( " load " ), the question of why God gave man imposes certain obligations and how man came to the knowledge of these obligations.
Books that belong to this theological Usul -al- fiqh tradition, are at- Taqrib wa-l - Iršād of Asch ʿ ariten al - Bāqillānī (d. 1013) and the Kitāb al -Mu ʿ tamad the Mu ʿ taziliten Abū l -Husayn al - Basri ( st. 1044 ). Abū l -Husayn al - Basri but saw the danger of mixing of the two disciplines and therefore limited in his book Usul al - fiqh as a separate topic explicitly against the Kalam from. Imam al - Harmain al - Dschuwainī (d. 1085 ) wrote in his book al - Burhan an Usul -al- fiqh work on ash ʿ aritischer basis, sat down in it, however, very critical of some lessons Abu Hasan al- Ash ʿ aris apart.
The Usul -al- fiqh literature of the various law schools
In the 11th century its own Usul -al- fiqh literature took shape in the Shafi ʿ itischen law school. The foundation charter of 1065 in Baghdad Nizamiyya built looked explicitly requires that all teachers of Madrasa had to be representative of the Shafi ʿ itischen Usul -al- fiqh tradition. Among the earliest works that are assigned to this tradition include the 1058 drafted book al - Luma ʿ fī usul al - fiqh from Abu Ishaaq al- Shirazi (d. 1083 ) and Qawāṭi ʿ al - adilla by Mansur ibn Muhammad as- Sam ʿ ani (d. 1096 ). Both authors strongly limited in their works from the Kalam - oriented Usul -al- fiqh literature from. Less sharp was the separation from the Kalam in the works of the Shafi ʿ ites al -Ghazali (d. 1111) and al - Amidi (d. 1233 ). Al -Ghazali said in his book al - Mustaṣfā min ʿ ilm al - usul ( " The Selected from the science of usul " ) that earlier works to the usul al- fiqh according to the interest of their authors strongly or with issues of kalam, fiqh grammar were mixed and he could not keep his work entirely free of such mixing, thereby however, would be limited to the useful.
Significant Usul -al- fiqh works of Hanbali teaching direction are the Kitāb al - Wadih fī usul al - fiqh by Ibn ʿ Aqil (d. 1119 ) and I ʿ lām al - muwaqqi ʿ īn ʿ at rabb al - ʿ alamin by Ibn Qaiyim al - Dschauzīya (d. 1350 ). The former contains a chapter on the dialectic.
From the 12th century numerous Twelver Shiite scholars have dealt with the usul al - fiqh and drafted on his own works. Become particularly well known is the book Mabādi ʾ al - ʿ ilm al - wuṣūl ila usul ( "Principles for obtaining the science of usul " ) by Jamaluddin al - Hilli (d. 1325 ). Against the rationalism of the usul scholars, however, formed in the Twelver Shiism in the 17th century, a traditionalist reaction. The two groups of rationalists ( Usulis ) and traditionalists ( Achbārīs ) wrestled in the 18th and early 19th century to hold until the second half of the Usulis finally won the day and urged the Achbārīs to the edge.
20th century
Various reform Muslim thinkers have tried in the 20th century, to draw from the Usul al - Fiqh an instrument for modernization of Islam. Here they attacked particular utilitarian legal concepts behind such Najm ad -Din at- TUFIS concept of the common good ( maslaha ) or the five by analogy derived from the Sharia universals (life, religion, family, reason, and property ), which may be imperative should form and the real " purpose of Sharia" ( maqasid ash -Shari ʿ a).