Usool Al Fiqh- Lesson 4 Interaction Between the Jurisprudence and Usool The Permissibility of the Procedure of Deduction

Interaction Between the Jurisprudence and Usool Without science of Usool, the Jurist will face pile of specific elements and evidences and will not know what to do with them. Example: Tools and equipments of carpentry without knowing what to do with them. The tools are like the evidences and the method and mechanism to make a chair or a table, is like the Usool science.

Usool science is not enough for deduction. It is same like a person who has the ideas to make a table or a chair but does not posses any tools and equipment to use those ideas on them. So both common elements and the specific elements are required for the process of deduction or Estimbaat.

The relation between the Usool and the Fiqh It is the relation of theory and its implementation, it requires a great deal of effort and intellectual work in both of them in order to deduce a law. Both requires special skills, a graduated doctor requires field experience or proper implementation in order to treat properly.

The historical interaction between the Fiqh and the Usool The better the theories (Usool) are the better the results of implementation (Jurisprudence- deduction) will be. The more complication the Jurist faces in the implementation (deduction), the more the Usoolist or will work harder to find ways to solve that problem, so both affect each other. Usool of Fiqh was emerged from the Jurisprudence, as Jurisprudence emerged from science of narration (Hadeeth).

Seeds of Usool Science in the time of Imams (AS) Fiqh mentality and the Usool mentality were combined together, later on the division happened, same thing happens in different science (biology= zoology +botany) Seeds of Usool science: This can be noticed in the time of Imam Asadiq (AS) when he dictated some concept of common elements regarding the terminology to his companion Hishaam b. Alhakam. Usool Fiqh started in the school of companion before the school of Ahlul Bayt (AS).

The Permissibility of the Procedure of Deduction If the deduction leads to know the religious practical stance, then without any doubt it should be permitted. The issue of the word EJTIHAAD!, If we say is Ejtihaad permitted or not?, then we will have some controversial answers. Historical diversity for this word: there were times where this word was condemned even by the Infallibles (AS) and their followers.

The literal meaning of EJTIHAAD Ejtihaad is derived from Juhd which lexically or literally it means exerting the utmost effort in order to accomplish a certain action. In the beginning of the time of Infallibles (AS), the school of companion scholars or some of the companions, if they were not able to derive a law from the religious texts or resources, they would present their personal opinion,

The evolution of the meaning of Ejtihaad The attacks in the time of Infallibles (AS): Infallibles (AS) condemning the procedure of Ejtihaad, practiced by few companions especially the ones perfomed Ejtihaad against the Qur’anic verses and the Narrations of the Prophet (S). Imam Asadiq (AS) condemns the QIYAAS which was known as the Ejtihaad practiced by school of Abo Hanifa. Ejtihaad in the time of Infallibles (AS) meant the personal opinion of the companion, which becomes parallel to the holy texts and one of the resources of Islamic laws. And then it meant the unacceptable Qiyaas. After the Infallibles (AS) their followers carried on the attack and the condemnation, Sh. Sadooq mentioned that if a great Prophet like Mosa (AS) has no authority to use his mind to justify the actions of Khidr (AS), how can nation choose an Imam with their incomplete minds and different opinions.

In the time of major occultation S. Almurtaza mentioned: “Verily the Ejtihaad is invalid, and the Imamians to base their practice on supposition (zunn), personal opinion (Ray) or Ejtihaad.” Sh. Toosi: “We do not regard analogical reasoning (Qiyaas) and Ejtihaad (personal opinion) as sources of evidence and recourse to them is prohibited in Islamic law.” Ibn Idrees Alhilli:” Analogical reasoning (Qiyaas), Personal preference (Estihsaan) and personal opinion (Ejtihaad) all to be invalid. This continues until 7 th Hijri century.