jurisprudence

The Noble Qur’an and the Noble Prophetic Sunnah are the basis of jurisprudence in the life of the Prophet – may God’s prayers and peace be upon him-, and there is no room for any doubt about it, that the Prophet – may God’s prayers and peace be upon him- has fallen into ijtihad in matters that are not stipulated in the Book or the Sunnah, as in many of the Cases, disputes, matters of war, and other matters related to state policy and the application of rulings.

The Messenger – may God’s prayers and peace be upon him – did not need to set rules that he should follow in his legislation, and controls that he should not go beyond in his fatwas and rulings. Because – peace be upon him – he was the most knowledgeable of people about how the texts refer to the rulings directly or by means, and because ijtihad is based on knowledge of the meanings of the texts.

And the Messenger of God – may God’s prayers and peace be upon him – is considered the earliest and most complete of people in knowledge, to the extent that he was aware of the similarities that no one in the ummah knows after him, and he was knowledgeable in the meaning of the text that is inevitably related to the ruling, and he – may peace and blessings of God be upon him – if he strived in a matter of heed Evidence of the situation and the signs, and he may prefer one case over another because the interest of the nation requires that.

History of Usul al-Fiqh

The Messenger of God – may God’s prayers and peace be upon him – authorized his companions to strive, so they strived in his presence and in his absence, so if they were far from Medina and it was difficult for them to consult the Prophet – may God’s prayers and peace be upon him – they issued a fatwa in the Book of God, who knew the reasons for the revelation of his verses and the meanings of his words. They resorted to the correct Sunnah that they memorized from the Messenger of God – may God’s prayers and peace be upon him -, and if they did not find a ruling in it that was presented to them, they worked hard with their opinions. And he – may God’s prayers and peace be upon him – was pleased with their efforts in such circumstances.

In addition, some of the Companions in the days of the time of the Messenger – may God’s prayers and peace be upon him – were trying to make diligence in many rulings, and they were trying to reach definitive fatwas on many rulings, and when the Messenger ordered them to pray in Banu Qurayza, some of them did diligence and pray in The Road.

And when Ali – may God be pleased with him – was in Yemen, three people came to him arguing over a boy, and each of them said: He is my son. Eliminate.

From this it becomes clear to us that the Companions – may God be pleased with them – were in the era of prophecy to judge and issue fatwas on the Book of God and the Sunnah of His Messenger, and deduce in what is not stipulated by their legislative faculty, which focused in their souls from their companionship with him – peace and blessings be upon him – and their fallibility on the reasons for the revelation of verses and the arrival of hadiths. , and understanding the purposes of the legislator, the principles of legislation, and above this they were imprinted on him with sharpness of mind, clarity of mind, and lofty understanding, and then they did not need to establish principles and rules in the science of Arabic or others that they follow in their ijtihad; Because it is in them, and they have a nature.

And when the Messenger – may God’s prayers and peace be upon him – joined the Supreme Companion and the revelation was cut short, the Companions found themselves in front of many incidents that started to increase day after day as the area of ​​Islam expanded more and more, and these incidents and incidents did not fall under the texts of the Qur’an and Sunnah, which prompted them to enter the chapter Diligence, and inflicting likenesses on likenesses and proverbs with examples.

The Companions’ Approach to Deducing Rulings

Ibn Khaldun says in his introduction: (Indeed, life in the era of the Messenger proceeded according to the rulings that he received from the revelation Gabriel – peace be upon him – and which he used to send down to the Messenger, whether through the Qur’an or through the ordinary revelation, and the Messenger was trying to clarify all matters of jurisprudence. For the Companions, whether in his actions or his words, and the Companions were racing in transferring from the Messenger of God, and memorizing hadiths and jurisprudence issues).

As for through the Sunnah, the Companions were unanimously agreed that it is obligatory to act upon what was taken from the Messenger, both in action and speech, and to take into account the matters in which there was confidence that they were transmitted correctly from the Messenger, and only the matters on which all the Companions were unanimously accepted. Where there is some denial is not taken.

And what we affirm is that the Companions – may God be pleased with them – were disciplined in their ijtihad with the rules and methods of the science of fundamentals, so there is no ijtihad without a method, and there is no deduction without a rule, except that they did not need to write down these rules for the reasons previously mentioned.

Rules and methods in the jurisprudence of the Companions

Some of these rules and methods appeared in the jurisprudence of the Companions and their followers when they inferred their opinions and discussed the opinions of those who disagreed with them. This can be clearly seen in the following incidents and incidents:

  • When the Companions differed in the distribution of the lands seized by the conquerors in Iraq, Omar Ibn Al-Khattab discussed his opponents, then adhered to the necessity of defending the country, and the need for constant resources, and that this general interest must be prioritized over the private interest of the fighting soldiers, and this position of Omar is based on a fundamentalist rule that he observed Legislation in its provisions, which is to provide the public interest when there is a conflict.
  • When the Companions spoke about the limit of a drinker of alcohol, Ali – may God be pleased with him – inferred the limit of a drinker of alcohol with eighty lashes, and it is an incident in which there is no text: Ijtihad, the legislator acted in accordance with it, and took into account it in the legislation of rulings, which is the rule (establishing the suspicion of the thing in the place of the same thing, and giving the suspect the rule of the suspect), which is the rule that the fundamentalists later called (blocking the pretexts).
  • Ibn Masoud inferred that the waiting period for a woman whose husband has died is by giving birth, because of the Almighty’s saying: “And those who have pregnancies have the time to give birth.” In his ijtihad, he said: (I bear witness that Surat An-Nisa Al-Qusra – meaning Surat Al-Talaq – was revealed after Surat An-Nisa Al-Taweli – meaning Surat Al-Baqarah -), and the meaning of this saying is that the later text abrogates the previous text or allocates it.

Thus, we find that the Companions – may God be pleased with them – were bound in their ijtihad by fundamental rules, even though they had no need to write them down at that time.

Al-Shafi’i is the first without the knowledge of the principles of jurisprudence

Before al-Shafi’i wrote his treatise, the dispute had intensified between the Sunnis and the people of opinion, which included analogy and approval, and there had to be written rules as a reference to resolve the dispute, and it was not easy to obtain these rules and laws, and no scholar can perform this task; The establishment of a unified or semi-unified system for the method of deriving legal rulings from its evidence is a matter of the utmost danger and importance.

This task also requires, as it requires, a broad knowledge of the purposes of the Lawgiver, the ability to understand and know them through the Book of God and the Sunnah of His Messenger – may God’s prayers and peace be upon him – and a thorough knowledge of the doctrines of scholars and their understandings of jurisprudence from the time of the Companions until his time, and complete knowledge of the Arabic language, and this is not possible. Except for a rare few whom God gives the ability to do all of this; To cherish their religion and law. So God assigned this task to the scholar of Quraysh, Imam al-Shafi’i – may God be pleased with him – and he was true to it and worthy of it, so he initiated – may God have mercy on him – in his book known as the Message, where he edited the investigations, checked the minutes, solved problems, and arranged the issues.

This and all the scholars emphasized that Al-Shafi’i – may God have mercy on him – by completing this book was the first to collect and write down the rules of the science of assets, infer their consideration, and then deduce from them what the previous jurists had not deduced from them.

Definition of the principles of jurisprudence