Islamic Jurisprudence

1. Proofs of Shari'ah (Al-Adillah Al-Shar'iyyah)
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The adillah Shar’iyyah, and the ahkam, that is, laws or values that
regulate the conduct of the mukallaf, are the two principal themes
of usul al-fiqh. Of these two, however, the former is by far the more
important as, according to some ulema, the ahkam are derived from
the adillah and are therefore subsidiary to them. It is perhaps in
view of the central importance of these two topics to usul al-fiqh
that al-Amidi defines the latter as the science of the 'Proofs of fiqh
(adillah al-fiqh) and the indications that they provide in regard to the
ahkam of the Shari'ah.

2. Literally, dalil means proof, indication or
evidence. Technically it is an indication in the
sources from which a practical rule of Shari’ah, or
a hukm is deduced/istintaj. The hukm so
obtained may be definitive (qat’i') or it may be
speculative (zanni) depending on the nature of
the subject, clarity of the text, and the value
which it seeks to establish
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3. • In the terminology of usul al-fiqh, adillah
Shar’iyyah refer to four principal proofs, or
sources of the Shari’ah, namely the Qur’an,
Sunnah, consensus and analogy. Dalil in this
sense is synonymous with asl, hence the four
sources of Shari’ah are known both as adillah
and usul. There are a number of ayat in the
Qur’an which identify the sources of Shari’ah
and the order of priority between them.
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4. • One passage in which all the principal sources are indicated occurs in
Sura al-Nisa' (4: 58-59) which is as follows: 'O you believers! Obey
God and obey the Messenger and those of you who are in charge of
affairs. If you have a dispute concerning any matter, refer it to God
and to the Messenger,' 'Obey God' in this ayah refers to the Qur’an,
and 'Obey the Messenger' refers to the Sunnah. Obedience to 'those
who are in charge of affairs‘ is held to be a reference to ijma', and the
last portion of the ayah which requires the referral of disputes to God
and to the Messenger authorises qiyas. For qiyas is essentially an
extension of the injunctions of the Qur’an and Sunnah. The rationale
or the effective cause of qiyas may be clearly indicated in these
sources or it may be identified by way of inference (istinbat). In either
case, qiyas essentially consists of the discovery of a hukm which is
already indicated in the divine sources 4

5. •Some fuqaha' have drawn a distinction
between dalil and amarah (lit. sign or allusion)
and apply dalil to the kind of evidence which
leads to a definitive/niha’i ruling or that which
leads to positive knowledge ('ilm). Amarah on
the other hand is reserved for evidence or
indication which only leads to a speculative
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6. • In this way, the term 'dalil' would only apply to the definitive proofs,
namely the Qur’an, Sunnah and ijma', and the remaining proofs which
comprise a measure of speculation, such as qiyas and istihsan, etc.,
would fall under the category of amarat.
• The proofs of Shari'ah have been further divided into transmitted
proofs (adillah naqliyyah) and rational proofs (adillah 'aqliyyah). The
authority of the transmitted proofs is independent of their conformity
or otherwise with the dictates of reason, although as we shall later
elaborate, most of the transmitted proofs can also be rationally
justified. However, the authority and the binding force of the Qur’an,
Sunnah and ijma' are independent of any rational justification that
might exist in their favour.
• To these are added two other transmitted proofs, namely the ruling of
the Companions, and the laws revealed prior to the advent/zuhur of
Islam (shara'i man qablana) 6

7. • The rational proofs are, on the other hand, founded in reason and
need to be rationally justified. They can only be accepted by virtue
of their rationality. Qiyas, istihsan, istislah and istishab are
basically all rationalist doctrines although they are in many ways
dependent on the transmitted proofs. Rationality alone is not an
independent proof in Islam, which is why the rational proofs
cannot be totally separated from the transmitted proofs. Qiyas, for
example, is a rational proof, but it also partakes in the transmitted
proofs to the extent/mada that qiyas in order to be valid must be
founded on an established hukm of the Qur’an, Sunnah or ijma'.
However the issue to which qiyas is applied (i.e. the far') must
have a 'illah in common with the original hukm. To establish the
commonality of the 'illah in qiyas is largely a matter of opinion and
ijtihad.
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8. • Qiyas is therefore classified under the category of adillah
aqliyyah.
• As noted above, the adillah Shar’iyyah are on the whole
in harmony with reason. This will be clear from the fact
that the Shari’ah in all of its parts is addressed to the
mukallaf, that is, the competent person who is in
possession of his faculty of reasoning. The Shari’ah as a
whole does not impose any obligation that would
contradict the requirements of 'aql. Since the criterion of
obligation (taklif) is 'aql, and without it all legal
obligations fall to the ground, it would follow that a
hukm shar'i which is abhorrent/mustaqbah to 'aql is of
no consequence
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9. •The adillah Shar’iyyah have been further
classified into mustaqill and muqayyad, that is
independent and dependent proofs respectively.
The first three sources of the Shari'ah are each
an independent asl, or dalil mustaqill, that is, a
proof in its own right. Qiyas on the other hand is
an asl or dalil muqayyad in the sense, as
indicated above, that its authority is derived
from one or the other of the three independent
asl
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10. Qat’ie dan Zanni in al-Quran
The only other classification or adillah which needs to be mentioned is their
division into definitive (qat’i) and speculative (zanni) proofs. This division of
dalil shar'i contemplates the proofs of Shari'ah not only in their entirety but
also in respect of the detailed rules which they contain. In, this way, the
Qur’an, Sunnah and ijma' are definitive proofs in the sense that they are
decisive and binding. However each of these sources contains speculative rules
which are open to interpretation. A dalil in this sense is synonymous with
hukm. A Dalil may be qat’i in regards to both transmission (riwayah) and
meaning (dalalah). The clear injunctions of the Qur’an and Hadith Mutawatir
are all qat’i in respect of both transmission and meaning. We shall have
occasion later to elaborate on this subject in the context of the characteristic
features of Qur’anic legislation. Suffice it here to say that the Qur’an is
authentic in all of its parts, and therefore of proven authenticity (qat’i al-
thubut). The solitary, or ahad, Hadith on the other hand is of speculative