Fiqh

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Submitted By samshah
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Foundation of Usul al-Fiqh:
Although the first writings in Usul Al-Fiqh that have reached our hands and considered today as the earliest book in this science is the well-known book of Al-Risalah (The Treatise) by Imam Ash-Shafi; there were some historical accounts of other earlier writings or books on usul al-fiqh written by the two well-known students of Imam Abu Hanifah; Imam Abu Yusuf Yakub ibn Ibrahim Al-Ansari of Kufa and Imam Muhammad ibn Al-Hasan Ash-Shayban, who Yet, none of their writings survived, as no one knows what they exactly wrote. Therefore, they cannot be regarded as being the earliest founders unless a piece of their writings becomes available. Hence Imam Ash-Shafi stays the pioneer of the science of usul al-fiqh.
The fact is the well-known Muslim scholar Al-Razi confirmed that Before Imam Ash-Shafi; scholars used to discuss, argue and prove things about the subjects of usul al-fiqh without having any framework or logical sequence of a proper sciences. He evaluated the qualities and the merits of Imam Ash-Shafi as: "the one who founded usul al-fiqh and formulated a technique or a process for Muslims to know the levels of Shari’ah sources and what obtain precedence over the other. Therefore, the science of usul al-fiqh is ascribed to Ash-Shafi like the science of reason and philosophy ascribed to Aristotle. (Cairo: Mustafa Al-Babi Al-Halabi, 1983, p. 4). Then Imam Ash-Shafi stays father-founder of usul al-fiqh as a proper science that has a scope, sources, methods, and a subject matter.
The Scope of Usul Al-Fiqh:
The scope of Usul al-Fiqh is wider then being just the methodology of law. Although the primary concern of usul alfiqh is the system of interpreting and deducing, it is also the science of sources. It will be more accurate to say that usul al-fiqh is the science of the sources and methodology because the Quran and Sunnah constitute the…...

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