What are Methods followed in Usul Al-Fiqh?
There are three methods which come into prominence in the methodology of Islamic jurisprudence. Two of these methods followed by Shafii and Hanafi Schools. The jurists from these schools have written books regarding the methodological systems that they have followed.
- The Method of Mutakallimun (Theologians) or Method of Shafiiyya: This is the method followed by Asha’ri scholars of Islamic theology as well as the jurists following Maliki, Hanbali, and particularly Shafii schools of Islamic law. In this method, the principles of methodology are established based on the proofs and the rulings against the proofs have been rejected.
Important books written by this method are as follows:
Imam Shafii (d. 204) “al-Risala”
Al-Ghazzali (d. 505) “al-Mustasfa”
Al-Amidi (d. 631) “al-Ihkam”
- Method of Fuqaha (Jurists) or Method of Hanafiyya: It is the method followed by Hanafi jurists. It is a method. In this method, the methodological principles are based on legal practices and issued rulings. In a way, it is an inductive method.
Important books written by this method are as follows:
Al-Dabusi (d. 430) “Taqwim al-adilla”
Al-Pazdawi (d. 482) “al-Usul”
Al-Sarakhsi (d. 483) “al-Usul”
- Mamzuj (Combining) Method: It is the method which combines the previous two methods. Important books written by this method are as follows:
Sadr al-Shari’a (d. 747) “at-Tankih wa al-Tawdih”
Molla Hüsrev (d. 885) “Mir’at”
Al-Shatibi (d. 780) “Muwafaqat”
Source: Hasan Serhat YETER, FIQH II, Erkam Pub.
Definition and Emergence of Usul Al-Fiqh
