Muhammad Ibn Al Shafi is the founder of the Shafiite school of law and a decisive figure in the early development of the theory of Usul al-fiqh also known as the “principles of jurisprudence”. Usul al-fiqh is a means by which Muslims discuss the interrelation of the divinely approved sources and methods of interpretation that is appropriate to them. Due to a lack of understanding of the Islamic Law, many Muslims are facing problems of meeting the demands of the changing times and providing answers to the current legal issues. The Islamic Law has made provision within the law (Fiqh) to provide it’s on jurisprudence (Usul) within legal means. This has made it impossible to establish a legal system that can meet the demands of the current circumstances. This research paper will look into why this is so by showing the progress Islamic Law has made and why it is still facing these challenges up to date. It will also look at various options that can be implemented so that that it can respond to new legal issues.
Outline
Topic: Issues with Usul al-Fiqh
Thesis statement:
The Usul al-Fiqh provides modes and sources for the jurist to seek appropriate legal approval in case any problem arises but, there is a need for the Islamic legal thought and approach to be revised and reconstructed to meet the current legal requirements.
Introduction:
The Islamic Law is based on ideal (Usuf) and realities (furu), and has been accepted unanimously among Muslim scholars. The Islamic code of behaviour was based on the strict adherence to the Islamic Law. This was later terms as Islamic jurisprudence (Ilm al Usul).
Problems
As with any legal system, conflicts with ethics and humans nature are inevitable. No matter how inclusive a legal system is, it cannot cover all the fields of human behaviour. There, the legal system must put into consideration such domains (ilm al akhlaq). It is important to note that the law is not really independent of jurisprudence as they are interrelated.
Conclusions and Recommendations
The Shiah realizes the doctrine of the authority of human intelligence that can derive laws that suit their out nature. The dynamism, revelation, and reason can meet the current demands by strengthening the bond between Islamic law and Islamic ethics. The successful legal system uses ethical values to deal with current issues through legal measures. The balance of justice, harmony rewards and punishment encompassed in the code of behaviour will help to solve issues that may arise from interpreting the Islamic law.
Annotations:
Kelsay, John. “Divine Command Ethics in Early Islam: Al-Shafi’i and the Problem of Guidance.” The Journal of Religious Ethics, vol. 22, no. 1, 1994, pp. 101–126. JSTOR, JSTOR,
Annotation -1-
DIVINE COMMAND ETHICS IN EARLY ISLAM: AL-SHAFI’I AND THE PROBLEM OF GUIDANCE
The article by Kelsay offers great insight on the contributions that Al-Shafi made towards Islamic law and the problem of guidance that Muslims face while interpreting the law. The article gives a detailed explanation of the Islamic Law history. Al Shafi’s “Tratise” on the Usul al Fiqh offers a great example of an approach to the ethics that deals with divine commands. He used the divine command theory to override local understanding of the Islamic legal theory,
Personal piece:
This source will help me in my research by providing me with a clear understanding of the origin of Islamic Law. It provides great insight on Al Shafir theory in the history of Islamic ethics and much focus in given his ideas on iktilaf. The article will give me insights on the legal studies with respect to Shafi work in the domain of jurisprudence.
Hallaq, Wael B. “Was Al-Shafii the Master Architect of Islamic Jurisprudence?” International Journal of Middle East Studies, vol. 25, no. 4, 1993, pp. 587–605. JSTOR, JSTOR,
Annotation -2-
WAS AL-SHAFI’I THE MASTER ARCHITECT OF ISLAMIC JURISPRUDENCE?
The article by Hallaq discusses the importance of Al-Shafii towards the topic of Islamic Jurisprudence. The article talks on the various contributions that Al-Shaffii made and how they influence how the Islamic Law is currently interpreted. The author discussed the importance of Islamic law in the diaspora as a means of identity and route to developing foundations of known principles. The article is helpful to my research as it will help me understand the role of Al-Shaffii in Islamic Jurisprudence and why it is difficult to meet the demand of the current legal system.
Personal piece:
The author provides the reader with portentous findings that depict Al Shafie’s school of thought as that held in modern and medieval Islam. His Risala provides guidelines got jurists when interpreting Islamic Law. The Usul al-Fiqh is used as a standard legal methodology that illustrates the qualities of a Sunni Islam. The tendencies of though asserted by Al Shafie such as Zahiriya depict him as a master of jurisprudence and is clearly expressed in his legacy.
KAMALI, MOHAMMAD HASHIM. “Issues in the Legal Theory of Uṣūl and Prospects for Reform.” Islamic Studies, vol. 40, no. 1, 2001, pp. 5–23. JSTOR, JSTOR,
Annotation -3-
ISSUES IN THE LEGAL THEORY OF USUL AND PROSPECTS FOR REFORM
The article by Kamila explains the issues that arise when Muslim scholars interpret the Islamic Law and which reforms they plan to implement. The article looks at the challenges of the Legal theory and how it affects the current state of legal affairs. This article will help me in my research as it will give me an example of cases that Islamic Law could not solve and the possible reforms needed to change this scenario.
Personal piece
The author illustrates the methodology of legal reasoning as stipulated in the Usul al-Fiqh in a bid to understand why the legal process failing to encourage Etihad. As part of the learning process, the author articulates the theory of Usul and the doctrine of ijma and qiyas. The second section deals with implementation of the legal theory in forming a union between the maqusid and Usul, This union provide reforms within the Usul al-Fiqh which can be used to solve contemporary Islamic issues.