Islamization of knowledge: Special Reference to the Discipline of Fiqh and Usul al-Fiqh
1. Islamization of knowledge RKUD 6180
Islamization of knowledge: Special Reference to the Discipline of Fiqh and Usul al-Fiqh
Assoc. Prof. Dr. Muhammad Mumtaz Ali
Muhammad Nazmul Hoque
Abu Talib Mohammad Monawer
Dept: Fiqh and Usul al-Fiqh
Kulliyyah of IRKHS, IIUM
Some basic concepts
What does Islamization of Fiqh and Usul al-Fiqh mean?
Historical context of codification of Fiqh Usul-al Fiqh
Problematic Issues in Fiqh and Usul al-Fiqh
How to Apply the concept of Islamzationin in the Discipline of Fiqh and Usul al-Fiqh
Realms of Islamizaing Fiqh
Scopes of developing Fiqh and Usul al-Fiqh
Suggestions for purification of Fiqh and Usul al-Fiqh
3. Definition of Usul al-Fiqh:
•Meaning of Usul:
•Literal meaning: Usul is the plural of asl, which literally renders ‘the foundation on which something is constructed’. This construction may either be physical [bi al- hiss], such as constructing a building on land, or logical [aqlan], such as constructing a conclusion from two premises. [Ref: al-Misbah al-Muneer & al-Tawdheeh]
4. Terminological meaning:
•It technically may denote any of the following meanings:
1-Proof [dalil], such as saying, ‘the asl for praying salah is this verse’. 2- Original state or norm [mustas’hab], as ‘the asl in all things is permissibility’ [al-asl fi al-ashya’ al-ibahah] and ‘the asl is absence of liability’ 3- Original case [maqees alaiyhi] eg. ‘the asl for narcotic drugs is wine. 4- Preferable [rajih], such as the proverbial expression that ‘the literal meaning is the asl’ [al-aslu fi al-kalami al-haqiqah], precluding the metaphorical meaning. 5- Rule or legal maxim [qa’idah], such as ‘Doubt does not prevail knowledge’ [al-ilmu la yazulu bi al-shakk].
Asl, however, in the expression ‘usul al-fiqh’ implies the first meaning that is ‘proof’.
5. •Meaning of fiqh:
•Literal meaning: The word ‘fiqh’, in its primitive sense denotes ‘understanding’ or ‘fahm’.
•In technical terms, there are divergent approaches to the word ‘fiqh’ from which the following definitions are most important:
1-‘The Recognition of oneself of that what is for him and what is against him’ (Imam Abu Hanifah) The wide scope of this definition pertains to the combination of belief [i’tiqad], good character [akhlaq] and practices [a’amal]. This is why the early scholars divided fiqh into three categories; the first ‘al-Fiqh al-Akbar’, second ‘al-Fiqh al-Awsat’ and third, ‘al-Fiqh al- Asghar’. Moreover, the combination of all these three was the complete meaning of fiqh in the early generations. [Ref: al- Tawdheeh ala al-Tanqeeh]
•2- ‘Knowledge of the practical rules of shari’ah acquired from the detailed evidence in the sources’ (Imam al-Shafi’i) [Ref: Musallam al-Thubut .
•Meaning of Usul al-Fiqh
•Usul al-fiqh, or the roots of Islamic law, expound the indications and methods by which the rules of fiqh are deduced from their sources. These indications are found mainly in the Qur'an and Sunnah, which are the principal sources of the Shari'ah. The rules of fiqh are thus derived from the Qur'an and Sunnah in conformity with a body of principles and methods which are collectively known as usul al-fiqh.
7. What does Islamization of Fiqh and Usul al-Fiqh mean?
•Islamization of Fiqh and Usul al-Fiqh in this respect means contemporizing of classical fiqh and Usul al-fiqh through reformation, rectification, refinement, improvement, and renewal in order to make it compatible with current knowledge and situation in such a way that the scholars can do Ijtihad and solve the problems of Ummah and march towards its civilizational advancement and development that will bring a peaceful life in this world.
•The scholars of islamization of knowledge differed in using the appropriate term for this purpose particularly in connection with Islamic religious knowledge, because the Islamic religious sciences, studies, knowledge or disciplines were originally based and grounded on the belief system and normative values of Islam themselves as Muslim scholars have founded and developed these disciplines on the basis of the Qur’an and the Sunnah concerned.
•According to Prof. Dr. kamal Hasan, a convenient term which we prefer to use for the sound development, reform, renewal and improvement of the Islamic revealed knowledge disciplines is “relevantisation” to emphasize the necessity those Islamic disciplines and academics to keep abreast with contemporary challenges and to possess the intellectual and doctrinal capability- achieved through the methodology of ijtihad [exercise of sound juristic reasoning] and the maqasid al-shariah [objectives of Divine Law] – in order to address adequately the issues and problems of contemporary individual, society, state, culture and civilization. . However, he does not deny the need of reformulation of these religious sciences.
•The religious disciplines are although known in Islamic tradition as ‘ulum al-din or ‘ulum naqliyyah or ‘ulum shariyyah or in the 20th century as al-dirasat al-islamiyyah too are in need of reform [islah], renewal [tajdid] and constant improvements in areas or matters which are subject to change over time [mutaghayyirat], to maintain their relevance to the contemporary issues of mankind, environment and civilization.
11. Historical context of codification of Fiqh Usul-al Fiqh
•Two Approaches to the Study of Usul al-fiqh: Following the establishment of the madhahib the ulema of the various schools adopted two different approaches to the study of usul al-fiqh, one of which is theoretical and the other deductive. The former is primarily concerned with the exposition of theoretical doctrines; whereas the latter is pragmatic in the sense that theory is formulated in light of its application to relevant issues.
•The difference between the two approaches resembles the work of a legal draftsman when it is compared to the work of a judge. The former is mainly concerned with the exposition of principles whereas the latter tends to develop a synthesis between the principle and the requirements of a particular case.
•The theoretical approach to the study of usul al-fiqh is adopted by the Shafi’i school and the Mutakallimun, that is the ulema of kalam and the Mu'tazilah. The deductive approach is, on the other hand, mainly attributed to the Hanafis. The former is known as usul al-Shafi'iyyah or tariqah al- Mutakallimin, whereas the latter is known as usul al-Hanafiyyah, or tariqah al-fuqaha'.
12. Problematic Issues in Fiqh and Usul al-Fiqh
•Less importance on social and natural sciences in our fiqh legacy:
•The classical fiqh based on a little of knowledge about nature of things, cosmic facts and social rules. These were not in the ability of scholars of the then days to understand because the advancement of these domains of knowledge was not as developed as in modern age. However, now all of us know about the advancement and widening of different brunches of knowledge in the world. That is why, it is necessary to review the Fiqh al-Islami and to build it newly on the bases that will contribute to the current age.
13. Less importance on political dimension in our classical Fiqh
•The political system is one of the most important dimensions for an Islamic state which requires the emphasis of experts to employ their best efforts in order to present new Fiqh (understanding) that helps the Muslim Ummah live politically under the shade of Islamic Aqidah (creed) and Shari’ah (legislation).
•But this political dimension met less importance of the classical Muslim scholars and religious leaders. The practical ruling and Fiqhul Siyasah (political understanding) were passing in two opposite directions. Sometimes they do not care about what the governor and high authority do and sometimes they become content with merely determination of the correct one and ignore its opposite things and opponents who corrupt in this world.
•That is how fiqhul Islami became separated from fiqhul siyasah. The political aspect of fiqh was seriously neglected after the period of four guided caliphs. However, when the Umman rose up from the western military colonization, Muslim Ummah has not balance of Islamic political thought enough to confront and defend the existing westernization in the sphere of leadership, management and administration. What Muslims inherited after the defeat of colonial militancy are the thought and rules stable in the country and people who call to the ideas of west as their agents. That is why there is a need for more emphasis on the political dimension of Fiqh Islami to march towards progress of human life and civilization development.
15. Utmost need for adding some new branches of contemporary knowledge:
•There are some new brunches of knowledge emerged in this contemporary period which should be included in sciences from which Usul al-Fiqh is formatted and these have function in Usul al-Fiqh. The new sciences which should be included are Sociology, physics, natural sciences and that science which can lead a Fiqih and Mujtahid to understand the real fact correctly while imagining and thinking the fact of his Ijtihad entirely as well as to understand which is disappeared from those who lack these kinds of sciences. (Surairy-81)
16. Narrowness of fiqh al-Usrah
•Fiqhul Usrah (family fiqh) is not explained clearly while this fiqhul usrah is more essential for us in our present day that requires detailed explanation of one’s right upon another as well as one’s responsibility towards another among the family members because most of the families of our society nowadays their members accuse against each other and suffer from mutual injustice and misbehavior. Fathers accuse against their children and children accuse against their fathers. Wife and husband accuse against each other and bothers accuse against each other. The main reason of injustice and accusation is their ignorance of their rights and responsibilities. Even those people who learn fiqh of Ibadah and fiqh of muamalat do not have significant knowledge concerning fiqhul usrah.
•In fact, this fiqhul usarh is not precise, perfect, detailed, and codified because the earlier scholars did not emphasize on fiqhul usrah rather it was more important than some of those issues which significantly explained and thoroughly elucidated by them. Some fathers do not have any limitation of obedience because they think if any child talks with his father about any issue or express his opinion even with due respect they consider it disobedience. This kind of mentality based on their ignorance about the rules of Islamic Shari’ah as well as the responsibilities of fathers and their rights upon children which have been legislated by Allah SWT.
18. Narrowness of Fiqh regarding human rights
•Fiqh Islami is not extended to the area of human rights. We do not have fiqh wherein it’s all affairs are discussed in detail pertaining human wellbeing (manfatun nas) as we have a detailed discourse in the affairs of Ibadah. It is also observed that all kinds of regulations regarding Ibadah are explained in detail classified to five categories i.e. obligatory, recommended, forbidden/prohibited, hateful/disliked, and permissible.
19. How to Apply the Concept of Islamization Fiqh and Usul al-Fiqh
1.Islamization by Studying, rectifying, and broadening its requirements:
•Some legal maxims not applied with its high requirements e.g. the quran and Sunnah are in the same category in terms of evidence for ruling. According this maxim lots of onions which are spread in the books of Usul al-fiqh such as al qityi’ is stronger than al-zanni which is not proved by any sharyi’ proof i.e. poof of quran and sunnah.
20. 2. Islamization by perfecting and theorizing
•To make complete theory with rules, conditions and limitations of analogy (aql) in order to make ijtihad perfect.
•Because aql is not sufficient to be evidence and rule. Ibn sama’ni Shafeyi, Gajali and Shatebi said Aql is not evidence that can prove any hukm. It is just to understand of evidences and employ these properly.
•E.g. the opposite of prohibition is order and the opposite of order is prohibition.
•The basic order is wajib and order derived from prohibition is disliked. Similarly, prohibition…
21. 3. Islamizing by adding new principles
•Principles regarding human rights
•Principles regarding Tarbiah (nurturing)
•Because in hadith: muslim is …
22. 4. Islamizing by removing unnecessary discourses
•Some rules of excluding (istina) that are came from linguistics
•Some rules that entered usul from rhetoric
•Some rules came from logic.
•Ulama derived some rulings that are sometimes contradictory with the evidence of Quran and sunnah, then they explained the sharyi’ from a viewpoint that is far away from the real context.
23. How to Islamize Fiqh Islami
•Expanding the meaning of Fiqh (Surairy-203)
•Collective Ijtihad/ Shura
•To cover those aspects of life that are not explained yet.
24. Realms of Islamizaing Fiqh
•Review of the Family Fiqh/ Fiqhul Usrah
•Widening the fiqh of human rights
•Fiqh of environment
•Fiqh of development and civilization
25. Scope of developing fiqh and usul
•In the field of books
•In the levels of education
•Important foreign languages
26. Suggestions for purification of Fiqh and Usul al-Fiqh
•Establishing organization to the extent of country in connection with IIIT.
•Scholars should write text books for student of all levels.
•Extra books out of text books are also needed in order to get profound understanding in fiqh and Usul al-fiqh
•Students of religious sciences need to study other branches of human sciences to apply their shariah viewpoint in these sectors
•Fiqh and Usul al-fiqh also needs to be reformed and renewal
•Contemporary scholars gave unanimous opinion in this regard
•The differences among scholars only in using convenient terms not in the issue of reform