The history of the science of usul al-fiqh and its compilation The discussions in knowledge since the dawn of Islam between the great scholars of Fiqh was carried out with the intention of finding the truth, as well as attempting to extract rulings from the divine evidences. Because of this these great scholars felt and understood a need for principles and criteria for the exegesis and Ijtehad, as to help preserve Islamic Fiqh from whims and mistakes. For this reason their discussions and Ijtehad revolved around principles built upon Usool which they agreed upon, and they gathered this in the science which is called Usul al-Fiqh. So this science is an innovated thing, as the pious predecessors were in no need for it at all, because they had the pure understanding of the Arabic language and they knew its meanings and details. They were also close to the Prophetic period, so they had knowledge of the Quran the reasons of revelation, as well as intelligence and sharpness, so they were not really in need of such a science. But when the Predecessors passed away and Muslims began to mix with other civilizations as Islam spread through the Khilafah (May Allah return it) the scholars felt it important to write down this science to make sure that the pure Islam is preserved from any attempt of changing it, as happened to many people in the past. These great people understood the reasons behind such a science i.e. To extract rulings from evidences, so there is a ruling and evidence as well as the process of extraction of the ruling from the evidence, as well as the one who does the extraction, so they placed their studies into four sections : 1. The rulings - from the obligatory, the forbidden act, the recommended, the despised, the permissible, and the Adaa', Qadaa', Saha,Fasaad, and others. 2. The original evidences - It is the book, the Sunnah, as well as what comes from it from evidences from Ijma' and Qiyas as well as evidences that branch from it from Istishab, The mathhab of the companion, Masalih Mursala, The Shariah of those before us etc. 3. The ways of extraction . 4. The one who does the extraction i.e. The Mujtahid himself. The history books point to the fact that the first man to write this science down is the great scholar the Imaam Muhammad bin Idris Al-Shafi' (may Allah be pleased with him!) Who died 204 A.H in Egypt, when he wrote his famous Risalah. In this work called Al-Risalah he spoke about the Quran, the Sunnah and it's level in relation to the Quran and that it must be followed by the order of Allah as well as the study of the Abrogated and that which abrogates, the general and the specific, the single narration, the Ijma' and Qiyas and what we can have I’khtilaf (difference) upon and what we cannot etc. He wrote other books as well such as "Ibtaal al-Istihsaan" in response to Abu-Hanifah and his companions and the book Jamaa' al-I'lm. After that the Hanafi scholars wrote in this science. Ibn-Nadeem mentions that Imaam Shaybani the student of Abu-Hanifa and from the teachers of Shafi' has

written a book in Usul al-Fiqh but this book has not reached us and has been lost. Furthermore Imaam Khair al-deen Al-Zarakli mentions that Imaam Shaybani has many books in Fiqh, Usool. It is narrated that Abu-Yousef (died 182 A.H.) is the first person to author a book upon the Mathhab of Abu-Hanifa. It is also narrated that the first person to write in the science of Usul-al-Fiqh is Hisham bin al-Hakm, one of the companions of Imaam Abu-Abdallah Jafar bin Muhammad (died 179 AH), however despite that there is no book to reach us before that of Imaam Al-Shafi's al-Risalah. So the knowledge of Usul al-Fiqh was not written down except at the end of the second century after Hijra. But it cannot be said that the Ijtehad before this period had no principles or details, rather what is meant that the early Mujtahideen were in no need of such principles and general evidences to be written in books, because they were experts in the Arabic language itself as well as the Quran, the Sunnah, abrogated, and so on. The metholodgy of Authors in the Science of Usul al-Fiqh The scholars adopted three ways in the writing of Usul al-Fiqh which were: 1) Path one: The methodology of the Mutakalimeen: Most of these authors came from the Shafi' mathhab and Maliki mathhab. It is called the methodology of the Shaf’is because its founder was Imaam Shafi' himself. The attributes of this methodology includes placing general principles, from evidences with proof. They did this whether it agreed with the branches of Fiqh or not. This method does not really look at the branches of Fiqh, Fiqh is only used as an example of explanation. So they taught the principles so that it governed the branches, and a way of extraction of the branches i.e. of Fiqh. From the most famous authors in this methodology include: 1.Abu-ul-Husayn bin Ali al-Basri al-Mu'tazali who passed away 463 AH in his book al-Mu'tamad. 2. Imaam al-Haramayn, Abu-al-M'aali Abdul al-Malik bin Abdullah Al-Juwayni al-Shafi' (died 487 AH) in his book al-Burhan. 3. Imaam Abu-Hamad al-Ghazali al-Shafi' (died 505 AH) in his book Al-Mustasfa. 4. Imaam Fakhr ul-Deen Al-Razi Al-Shafi' (died 606 AH) in his book al-Mahsul 5. Imaam al-Aamidi al-Shafi', (died 631 AH), in his book Al-Ihkam. 6. Imaam Abu-'Amr Uthman bin Umar, known as Ibn-Hajib al-Maliki (died 646 AH) in his book al-Mukhtasar in which he summarized Muntaha al-Sa'ul wa al-Amal fi ilmay al-Usool wa al-Jadal which he summarised from Al-Aamidi's Ahkam. 7. Imaam Baydawi al-Shafi' (died 685 AH) in his book al-Minhaj. 2) Path two: The second methodology is that of the Hanafi scholars followed by the Hanafi Usuli scholars, and from the attributes of this method is placing general principles through which the scholars then derive the Fiqh

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branches through the branches itself, that is why the main attribute is the >branches itself, as their goal was: extracting Usuli principles that fits with those branches as if they knew the branches and based the Usool upon it. For this reason those who wrote in this way in their books of Usul al-Fiqh relied on Fiqh enormously and their books contained a lot of Fiqh. The most famous authors of this path include : 1. The Imaam Abu-al-Hasan al-Karkhi who died 340 AH in his book called al-Usool 2. Imaam Ahmad bin Ali known as Al-Jassas (died 370 A.H.) His book was also titled al-Usool. 3. Imaam Ubaid Allah bin Umar the Judge Abu-Zayd Al-Daboosi (from the areas of Samarqand in today's Uzbekistan (he died 430 A.H.) His book was also called al-Usool. 4. Imaam Fakhr al-Islam Ali bin Muhammad al-Bazdawi (died 482 A.H.) In his book al-Usool as well. This book is from the most authoritative books written on the path of the Hanafi mathhab it was explained by the Imaam Alaa al-Deen Abdul Aziz bin Ahmad al-Bukhari who died in 730 A.H. In a great book called Kashf al-Asrar. 5. The scholar Shams al-A'ima Abu-Bakr Muhammad bin Ahmad bin Abi Sahl Al-Sarkhasi who died 483 A.H. In his book al-Usool. 6. Imaam Abdullah bin Ahmad Al-Nasafi who died 710 A.H. in his book al-Manar. 3)The third path: This can be called the path of the later scholars, this is because they saw that both previously mentioned paths in Usool each had its attributes and benefits not found in the other so they began to write in the science of Usool al-Fiqh by gathering between the two paths . So the Usool are researched with evidences and proofs, and implemented upon it i.e the branches of Fiqh. Many authors wrote in this way from both the Hanafi and Shafi' mathhab. From the most famous writers include: 1. Imaam Muthafar al-Deen Ahmad bin Ali Al-Baghdadi Al-Hanafi, known as Ibn-Saa'ati who died 694 A.H. In his book Badi' al-Nitham that gathered between the books of Bazdawi and al-Ahkam.. 2. Imaam Sadr al-Shariah, Ubaid Allah bin Mas'ud al-Bukhari al-Hanafi, who died 747 A.H. In his book Tanqih al-Usool which he summarized from Usool al-Bazdawi, and Muktasar Ibn-Hajab, and al-Mahsool by Imaam Al-Razi the author explained it in a book called: Al-Tawdih fi Hal Ghawamid Al-Tanqih. >Also S'ad al-Deen Al-Taftazani Al-Shafi' who died in 792 A.H. has a explanation on Al-Tawdih he called it Al-Talwih. 3. Imaam Kamal al-Deen Muhammad bin Abdul-Wahad known as Ibn-Humam who died 861 A.H. In his book al-Tahrir and upon it is a explanation called Al-Taqreer wa al-Tahbeer by Muhammad bin Muhammad bin Ameer al-Haj who died 879 A.H.

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4. Imaam Taj al-Deen Abdul-Wahab bin Ali al-Subki al-Shafi', who died 771 A.H in his book Jam' al-Juwaami' it was explained by Sheikh Jalal ul-Deen Al-Muhli and upon it is a explanation by Alama Al Banani. 5. Imaam Muhib al-Deen bin Abdul Shakoor al-Hindi died 1119 A.H. In his book Muslim al-Thaboot and upon it is a great explanation called Fawatih al-Rahamoot by Ibn-Nitham al-Deen. 6. Imaam al-Shawkani who died 1255 A.H. In his great book Irshad al-Fuhool ila tahqeeq al-Haq min Ilm al-Usool. 7. Let us not forget the Imaam Abu-Ishaq Ibrahim bim Musa Al-Shatibi al-Maliki who died 780 A.H. The one who wrote al-Muwafaqat one of the most famous, and one of the greatest books ever to be written in this science. In the modern era many books have been written in this science including: 1. The book Taheel al-Wasul ila Ilm al-Usool by the Sheikh Muhammad Abdul-Raahman Eid al-Muhlawi. Died 1920 2. The book Usool al-Fiqh by Sheikh Muhammad al-Khudri died 1927 A.H. 3. The book Usool al-Fiqh as well by Abdul-Wahab Khalaf who died 1955. 4. Al-Shaksia al-Islamia by Qadi Taqi ul-Deen al-Nabahani. The third volume of this book is totally devoted to Usul al-Fiqh. 5. The book Usul al-Fiqh as well by Muhammad Abu-Zahrah died 1974. 6. Al-Waseet fi Usul al-Fiqh al-Hanafia by Sheikh Ahmad Fahmi abu-Sinnah. 7. Usool al-Fiqh al-Islami by Sheikh Shakir al-Hanbali printed in 1948 in

Damascus

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