Emergence of Usulul Fiqh under Shari'ah: From Developmental to Standardization Stage
No Thumbnail Available
Date
2020-11-30
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Department of Islamic Law, Usmanu Dan Fodiyo University, Sokoto, Nigeria
Abstract
Shari’ah is a Divine Law of Allah (SWT) with universal application across the globe. It is established to shape the lives of all Muslims. Its primary sources, which are Qur’an and Sunnah, are unchangeable. Nevertheless, the rules of Shari’ah are dynamic to emerging issues in the Islamic world. This is evident in the introduction of contemporary Islamic financial practices such as Islamic Banking, Islamic Capital Market and Takaful (Islamic Insurance), amongst others. Rules of Shari’ah are made dynamic to emerging contemporary issues through the instrumentality of Usulul Fiqh. To this end, this article, relying on doctrinal method of research, examines the emergence of Usulul Fiqh from developmental to the standardization stage. Thus, the article examines the Development, Systematization, Documentation and Standardization of Usulul Fiqh. The article reveals that the foundation of Usulul Fiqh was laid at the periods of Prophet Muhammad (PBUH) and the Rightly Guided Caliphs. The article contends that the systematization of Usulul Fiqh was achieved during the period of Tabi’uun. The article contends further that the documentation of Usulul Fuqh came to fore at post Tabi’uun’s Era when Imam Shafi’i made a breakthrough of documentation of Usulul Fiqh through his book, Ar-Risalah (the Message). The article finally contends that the ultimate emergence of the two major approaches to Usulul Fiqh, viz: Theologians and Jurists methods, brought the standardization of Usulul Fiqh to the lime light. The paper recommends that intending scholars of Shari’ah should acquaint themselves with the history of Usulul Fiqh for better understanding.
Description
Keywords
Citation
Maiduguri Law Journal 18 (2020)