Methods and Methodologies

in Fiqh and Islamic Economics

Muhammad Yusuf Saleem

(2010)

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Explains about methodology and methods of

reasoning in fiqh and their applications to Islamic

Economics (IE)

Discusses about how different units of analysis or

objects of inquiry lead to different methods of

reasoning.

Examines the legal methods of reasoning in fiqh

and their limited application in IE

INTRODUCTION 2

METHODOLOGICAL DISCOURSE

Reason alone is not an independent source of knowledge.

weakness very subjective [different individuals can come to a different

understanding].

HOW TO AVOID THIS ?

Need rules and standards to evaluate the arrangement of thoughts and propositions.

Need to rely on certain tools for the investigation of truth.

WHAT IS METHOD? Systematic arrangement and ordering thought.

Mode, procedure or way of investigation according to a defined

and regular plan.

Research technique, structured reasoning and tools used to gather data.

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WHAT IS METHODOLOGY?

Science that deals with methods and their application in a particular field.

Determines the sources from which a particular knowledge can be derived and the approach taken by a research to achieve understanding of certain phenomena.

Set standards for acceptability of evidence and reasoning.

UNITS OF ANALYSIS

A major factor influencing choice of methods and methodology.

Object of the particular research

o Natural phenomena, legal rules, markets, behaviours of an individual or a group.

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FIQH AS A LEGAL SYSTEM

FIQH = (literally): understand and have knowledge of something.

= (technically): refers to knowledge of the practical legal rules as derived from the particular sources .

How has fiqh changed?

- During the time of Prophet (pbuh) => covering the whole of religion.

- The science of fiqh nowadays => law and legal matters.

The Qur’an and Sunnah provide normative statements on what an individual Muslim ought to do or avoid.

Basic unit of analysis for fiqh

Identify actions, rights and obligations of an individual Muslim

Corresponds to ayat al-ahkam in Qur’an

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AL QURAN & SUNNAH = constitute the basic units of analysis in the discipline of fiqh.

A shariah ruling (hukum Shar’i) is defined as a communication from the Lawgiver concerning

the conduct of mukallaf

Individual action would fall within 5 categories :

1. Obligatory (wajib)

2. Recommended (mandub)

3. Permissible (mubah)

4. Abominable (makruh)

5. Prohibited (haram)

An individual able to

understand and carry an

obligation

FIQH AS A LEGAL SYSTEM6

THE METHODOLOGY OF ISLAMIC JURISPRUDENCE

The methodologies adopted by all fiqh schools have a common characteristic. - they make reason subservient to revelation

USUL AL-FIQH = the methodology that evolved through the efforts of Muslim jurists.

Role of human reason is to extend the normative statement of Quran and Sunnah to new

legal issues or to provide answers to new legal problems through certain well-developed

methods of reasoning

These methods includes

1. Analogy (qiyas)

2. Consensus (ijma’)

3. Juristic Preference (istihsan)

4. General Public Interest (maslaha al-mursalah)

5. Blocking the Means (sadd al-dharai’)

6. Presumption of Continuity (istishab)

7. Custom (‘urf)

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USUL AL-FIQH AND GROUP-RELATED ISSUES

USUL AL-FIQH = methodology aims to arrive at normative rulings made by jurists through ijtihad and bind each and every member of the society.

Provides the method of reasoning to decide on permissibility status

Existence of dynamic socio-economic factors surrounding group-related issues militate against formulating permanent laws similar to those of fiqh

Policies concerning a group may change from situation to situation

eg. policy issue such as zakah distribution proportion; where Muslim authorities have the freedom to decide on this matter

Contrasted to specific fiqh issues of nisab, hawl etc. that are individual matters governed by fiqhand usul al-fiqh method of reasoning; and are not left to the Muslim authorities

An Islamic legal term that means “independent

reasoning” or “the utmost effort an individual can put

forth in an activity”

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ECONOMICS AS A DESCRIPTIVE

AND SOCIAL SCIENCE

Economic theories and principles are descriptive hypotheses and assumption that explain economic realities.

A descriptive statement is a statement of what is that describes a specific reality or a certain relationship between variables.

ECONOMICS as SOCIAL SCIENCE

Studies aggregate collective behaviour that reflects human nature; as they are and not as they ought to be, in any given economic scenario

Generally, IE should treat fiqh and ethics as extraneous forces whose influence differs from one individual to another

Concerns with policy issues that affect groups of collectivities.

These policy issues involve numerous variable that defy permanence and always demand revision.

- not legal rulings that tend to establish hukum on a permanent basis

- but, unlike conventional economics, IE policy seeks to achieve the objectives of shariah while promoting individual compliance of the shariah

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SOURCES AND METHODS OF REASONING IN ISLAMIC

ECONOMICS

THE HOLY QURAN

FIQH = focuses on Quranic verses that confer rights or impose obligation on individuals.

ISLAMIC ECONOMICS = focuses on those verses that contain descriptive statement about human nature.

1] Al-Quran has many descriptive statement on human nature.

ه خ ولو باد ا يشاء إنهه بع ل بقدر مه ن ينز كه لبغوا في الرض ول باد زق لع الر ير ۞ير ب بسط للاه بص

And had Allah expanded the provisions of all His bondmen, they would have necessarily then spread mischief in the earth, but He sends down according to a measure as He pleases, undoubtedly, He is Aware of His bondmen, Sees them. As-Shura (verse 42.27)

~ Human transgression is linked to affluence and richness.

2] Al-Quran also describes the attributes of certain economic realities.

Do they distribute the mercy of your Lord? We have distributed their livelihood among them in the life of the world and have raised some of them over others in degrees, that in between them one may laugh at the other. And the mercy of your Lord is better than that they amass. Az-Zukhruf (verse 43:32)

~ Al-Quran also describes the differences in wealth ,talent, physical and mental capacities and other potentials among people.

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3] Al-Quran also describes the attributes of group or collectiveness.

Then they routed them by the Command of Allah and Daud slew Jalut and Allah gave him Kingdom

and wisdom and taught him what He pleased. And if Allah would not repel some of them by some

others among people, then necessarily the earth, would have been ruined, but Allah is Munificent to

entire world. Al-Baqarah (verse 2:251)

~ In order to restrain groups of people from doing injustice to each other, the law of mutual

check and balance applies.

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SUNNAH OF THE PROPHET (PBUH)

General approach: A situational treatment of the Prophet (pbuh) on certain group issues should not be taken

as a definite, rigid rule meant for all times and all situations to come.

SUNNAH GHOIRU TASYRI’IYYAH SUNNAH TASYRI’IYYAH

What Prophet (pbuh) do in daily life.

• Eat, sleep, wear

Speech and action that are from Prophet in a form of

rulings and give explanations about the contents of Al-

Quran.

• Ibadat

• Halal and haram

• Aqidah and akhlak

Speech and action that arise from personal

experience.

• Health, manage agricultures

Speech and action that are from Prophet in position as

a Imam and Khalifah; wherein legal rules can be

derived.

Speech and action which arise from personal action.

• Deployment, managing strategy

Speech and action that arise as a judge and Qadhi

which solve the problem in the Muslim society.

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READINGS OF ECONOMICS PHENOMENA

Enables the researcher to study certain economic phenomena and discover the

relationships between variables.

Tools for reading economic phenomena:

i. Observation

ii. Experiences

iii. Inductive reasoning

iv. Survey

v. Questionnaires

vi. Interviews

vii. Market research

viii. Statistical method

ix. Quantitative research

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THE OBJECTIVE OF THE SHARI’AH

Prevention of fasad is the principle objectives of the shari’ah.

FASAD ISLAH

is an Arabic term which means spreading mischief

in a land, moral corruption against God, and any

form of expression or activity by non-Muslims or

apostates of Islam that creates disorder in the

community.

is an Arabic word usually translated as "reform", in

the sense of "to improve, to better, or to put

something into a better position." It is used in

religion and politics (including as a name for

political parties), and is also used as a personal

and place name.

Mentioned almost 50 times in Al-Quran and has

wide range .

Derived from root word salahawhich literally means

good, incorrupt, and others.

Opposite of islah Opposite of fasad

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Conclusion

First Muslim jurists’ approach towards legal issues and Muslim economists’

approach towards economic phenomenon have one thing in common viz.

revelation is treated as superior than reason and empirical observation.

In fiqh, the subject matter is the acts, rights and duties of individual Muslim and it prescribes whether a certain act is obligatory (wajib) or prohibited (haram).

The methods of reasoning in fiqh are designed to extent normative statement

in new case based on Qur’an and Sunnah.

Thus, methods of reasoning in usul al-fiqh are also more individually-oriented than IE.

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In contrast, economics is a social and descriptive

science and its basic units of analysis are human

nature, scarce resource, economic phenomenon, and

a large aggregate of persons.

Therefore, fiqh and IE; in their search for discovering the

truth, have to rely on two different set of methods as

the objects of inquiry in the two disciplines are different.

Conclusion 16

Second

Some methods (qiyas, ijma’ and istihsan) may not suit

the social and descriptive aspects of IE.

But public interest (maslahah al-mursalah) and

blocking the means(sadd al-dharai’) can usefully be

employed to guide IE policies.

Conclusion 17

Third

IE should pay greater attention to those verses of the Qur’an that

describe on human nature; economic phenomenon; and

description on human groups and collectivities.

In addition, non-legal Sunnah should be focused on how to deal

with certain public harm that the hadith intended to prevent.

Another source for IE is the knowledge on the objectives of

shari’ah.

Related to prevention of public harm and the acquisition of public

interest

Valuable as guiding principles for designing shari’ah-oriented

economic policies.

Conclusion 18