Usul Al-Fiqh Al-Islami: Source Methodology In Islamic Jurisprudence

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Taha Jabir Al ‘Alwani | Language: English | Format: PDF | Pages: 41 | Size: 1.5 MB
We present this study to those Muslim youth who are searching for a ray of light in the deepest darkness that surrounds us, and who are seeking a solution and a way out of the crisis that currently overwhelms us; in the hope that it may be of benefit to them, in Sha’a Allah. (God willing). The research for this work originally formed part of the studies I undertook in Islamic Jurisprudence for the doctoral program at Al Azhar University in 1392/1973. On the occasion of the Second International Conference on Islamic Thought, held in Islamabad, Pakistan in 1402/1982 on the subject of the “Islamization of Knowledge”, material from this thesis was presented in a revised form.

A Word From the Editors

Legal studies in any language pose problems to authors and readers alike. In translation, those same
problems are compounded, even many times over at some places in the text, so that quite often the result
is, to say the least, disappointing. Unfortunately, with regard to English translations of classical works of the
Islamic intellectual heritage, this sort of disappointment has been the rule rather than the exception.
Certainly, to the student of Usul al Fiqh this disappointment has been all the more acute. While translations
of classical works in the field are non-existent, with the shining exception of professor Khadduri’s excellent
rendition of al Imam al Shafi’i’s Risalah, there is as yet no general and systematic study of the discipline in
English. Even survey literature on the subject is scarce.

Yet, despite this near desperate situation, the International Institute of Islamic Thought has not published the
present volume merely in order to fill a void in the library. Rather, it is in recognition of the dynamics of
intellectual reform, and of the role of Ijtihad in that process, that the Institute is undertaking to publish a
series of works by its President, Dr. Taha Jabir al ‘Alwani, on the subject of al Usul and, in particular, Ijtihad.
This volume should be understood as an overview of the field, and as an introduction to the classical
discipline. Subsequent volumes, however, will, In Sha’a Allah, present much that is original, and even vital.
For it is the conviction of the Institute that the source methodology developed by the scholars of al Usul for
dealing with and interpreting the texts of the Qur’an and Sunnah is what now needs to be placed before our
Muslim social scientists so that they, with this important and versatile tool in hand, may proceed to fashion
the outlines of a new relevancy for Islam.

Certainly, for our part, we can only hope that we have succeeded in making the text clear. Moreover, we
have taken pains to include a full Subject Index, with the help of Cindex version 4.0 software, that should
prove useful to specialist and generalist alike. Also, while the Arabic edition of this book was published with
topic headings, it was not divided into chapters. In the interest of clarity, we have divided the work into
chapters by converting, where necessary, topic headings into chapter headings; and by adding brief
explanatory notes. May Allah give His guidance to the Ummah of Muhammad (PBUH).

A.S. Al Shaikh-Ali Yusuf Talal DeLorenzo
IIIT-London Department of Research-IIIT
Jumada al Akhirah 1411 AH
December 1990 AC

Introduction

The research for this work originally formed part of the studies I undertook in Islamic Jurisprudence for the
doctoral program at Al Azhar University in 1392/1973. On the occasion of the Second International
Conference on Islamic Thought, held in Islamabad, Pakistan in 1402/1982 on the subject of the “Islamization
of Knowledge”, material from this thesis was presented in a revised form.
When the League of Muslim Youth expressed their desire to hold a course on Usul al Fiqh “Source
Methodology in Islamic Jurisprudence”, the material for this study formed one of the six subjects covered in
the course. Then, as many of those who attended the course expressed a wish to obtain the lectures in
printed form, and as the study was already being printed as one of the papers for the Islamabad Conference
on the Islamization of Knowledge, which the International Institute of Islamic Thought will soon be
publishing(*), In Sha’a Allah, we decided to take this opportunity to present this part of the Conference
material to those who attended the course and to others who may wish to gain knowledge of this essential
science of Shari’ah.
The science of Usul al Fiqh is rightly considered to be the most important method of research ever devised
by Muslim Thought. Indeed, as the solid foundation upon which all the Islamic disciplines are based, Usul al
Fiqh not only benefited Islamic civilization but contributed to the intellectual enrichment of world civilization
as a whole. It will not be out of place to note here that the methods of analogical developed within the
framework of Islamic jurisprudence constituted the methodological starting-point for the establishment and
construction of empiricism, which in turn is considered to be the basis of contemporary civilization.
We present this brief work to all who are interested in gaining some knowledge of this science; and we ask
Allah Ta’ala to help us benefit from what we learn, and to learn that which will benefit us, and to protect us
from knowledge that is not beneficial, and from deeds that are not acceptable to Him. Wa Akhiru Da’wana an
al Hamdu Lillah Rabb al ‘Alamin! (All praise and thanksgiving belong to Allah, the Lord and Sustainer of all
the worlds!)

Dr. Taha Jabir al Alwani, President, International Institute of Islamic Thought
Herndon, Virginia
Dhu al Hijjah 1408 AH
July 1988

(*) The edited proceedings of the Islamabad Conference were published by the
Institute as volume number 5 in the Islamization of Knowledge Series, and is entitled
ISLAM: Source and Purpose of Knowledge.

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