Introduction to Usul al-Fiqh

1. Introduction

1.1 Methodology of this Article

This article covers an introduction to the science of Usul al-Fiqh. However, there is no way of properly understanding Usul without examples from Fiqh to apply the Usul on. As such, the article attempts to provide examples for all mentioned points of Usul.

When providing examples, the purpose is only to highlight how a specific aspect of Usul affects it. So, there should be no assumption that the mentioned argument is the only argument a school had for its view. Rather, the mentioned argument is only the argument I wished to highlight in that section. However, in reality, every belief has multiple arguments behind it, and you will see that some examples are repeated in different sections.

1.2 Sources of Difference of Opinion

There are four main reasons the scholars differed on any particular issue:

Difference in Usul
Difference in Authenticating Hadith
Difference in Precedence
Difference in Interpretation

The first is what this article will attempt to cover. It is often what led to the differences between the Shafi’is and Hanbalis and their differences with the Hanafis and Malikis. However, it is often overstated as a reason.

In the vast majority of cases in the Hanafi and Maliki mazhabs, the actual source for the difference of opinion is whether they believed a hadith was strong enough evidence and whether they had precedence from the masters of fiqh and hadith that they personally trusted more. Hence, the Maliki mazhab often does not follow Iraqi hadith, and hence the Malikis closely correlate with Ibn Umar’s views while the Hanafis closely correlate with Ibn Masud’s views.

The final and perhaps most important source of difference of opinion was simply differently interpreting the Quran or Sunnah. Different interpretations are natural to human understanding. Allah says ⟪And they will never stop differing⟫. However, this source of difference has no particular maxim or rule behind it, so it cannot be written on.

1.3 Knowledge

Knowledge can be divided into two types:

Qat’i (Definitive): That which is known without doubt.
Zanni (Non-definitive): That which is known but with the possibility of doubt.

Zanni knowledge can range from being extremely strong to weak.

Sources of Islamic knowledge can be divided classified into either qat’i or zanni from three aspects:

Authority: How authoritative is the source?
Thubut (Authenticity): How strongly is it proven to come from the one it is attributed to?
Dalalah (Interpretation): How strongly is it proven to mean what it is being interpreted as?

1.4 Rulings

1.4.1 Taklifi

Ahkam Taklifi are five according to the majority:

Fardh/Wajib: Obligated by Allah. What is rewarded for doing it, and punished for leaving it.
- Prayer five times a day and reciting Fatihah in prayer
Mandub/Mustahabb/Sunnah: Recommended by Allah. What is rewarded for doing it, but not punished for leaving it.
- Praying two rakahs after Maghrib
Mubah: Neutral. Neither rewarded nor punished.
- Eating bread
Makruh: Disliked by Allah. What is rewarded for leaving it, but not punished for doing it.
- Laughing excessively
Haram/Mahzur: Prohibited by Allah. What is rewarded for leaving it, and punished for doing it.
- Eating pork or eating cats

The Hanafis differed from the terminology of the majority and subdivided what the majority would simply call Fardh and Haram.

The Hanafis divided things into seven:

Fardh: Obligated by Allah in definitive evidence. What is rewarded for doing it, punished for leaving it, and kufr if you disbelieve it.
- Five prayers a day
Wajib: Obligated in non-definitive evidence. What is rewarded for doing it, punished for leaving it, and sinful but not kufr if you disbelieve it.
- Reciting Fatihah in prayer
Mandub/Mustahabb/Sunnah: Recommended by Allah. What is rewarded for doing it, but not punished for leaving it.
- Praying two rakahs after Maghrib
Mubah: Neutral. Neither rewarded nor punished.
- Eating bread
Makruh (Tanzihi): Disliked by Allah. What is rewarded for leaving it, but not punished for doing it.
- Laughing excessively
Makruh Tahrimi: Prohibited by Allah in non-definitive evidence. What is rewarded for leaving it, and punished for doing it.
- Eating cats
Haram: Prohibited by Allah in definitive evidence. What is rewarded for leaving it, punished for doing it, and kufr if you disbelieve in its prohibition.
- Eating pork

This is just a difference of terminology. The Hanafis only subdivided the majority’s categories of Fardh and Haram according to how definitively they are proven.

1.4.2 Wadh’i

There are also terms to describe the validity of something:

Sahih: The act or contract is valid.
Baatil/Fassid: The act or contract is invalid.

For example, if Salah is done by an adult in a state of wudhu fulfilling all the conditions of prayer, it is valid. If someone does Salah without wudhu, it would be invalid.

Some people differentiate between Faasid and Baatil in some cases. For example, a marriage contract is termed Baatil if it contradicts every school and is not valid according to anyone but is only Faasid if it is valid in at least one school.

Other important terms to know in fiqh:

Sabab: The time or situation that causes the ruling to come into effect. If the sabab exists, the ruling exists.
- For example, dawn is the sabab for Fajr prayer becoming obligatory.
Shart: A condition of a ruling. If the condition exists, the ruling can (but does not necessarily) exist. Otherwise, it cannot exist.
- For example, adulthood is a condition for prayer to become obligatory.
Maani’: A preventer of a ruling. If a maani’ exists, the ruling cannot exist.
- For example, having najasah on you prevents Salah from being valid.

2. Sources of Law

2.1 Quran

The Quran is the book of Allah, and the most important source of knowledge in Islam. The Quran usually does not focus on law, instead focusing on moral lessons and exhortation, but there are commands and prohibitions, often elaborated on by the Sunnah.

It is important to know that the Quran has multiple authentic readings, which can sometimes affect the interpretation of law.

The Quran is definitive in authority since it is attributed to Allah, definitive in authenticity since it was passed down generationally in recitation and writing without any room for doubt, and can be definitive or non-definitive in its interpretation depending on the verse.

2.2 Sunnah

The Sunnah of the Prophet (SAW) is the most important source of Islamic law. The Sunnah is an elaboration of the commands of the Quran. Because it is clear in the Quran that we must obey the Prophet (SAW), the Sunnah is definitive in authority.

However, in terms of transmission, the Sunnah can be divided into two types:

Generational Practice
Hadith

The first is those practices passed down generation to generation since the time of the Prophet (SAW) till the time of the scholars of fiqh like Abu Hanifah and Malik. This includes the general method of prayer (although not some of the specifics), the way of giving azan, the amount of Zakah, and many other aspects of Islamic law passed down since the Prophet (SAW)’s time.

This type of Sunnah is definitive in authenticity.

The second is those details about the Prophet’s life or his statements transmitted to us by specific chains of narrators. These were recorded in many books, but the most authentic books were Sahih Bukhari and Sahih Muslim. But, useful hadith can be found in several major collections.

Hadith can be divided into two categories: 1) Mutawatir (mass-transmitted such that it becomes definitive), and 2) Ahaad (only transmitted by a singular chain or chains such that it remains non-definitive). The Hanafis added a middle category called Mashhur which they treated similar to Mutawatir: Transmitted by a singular chain but became famous and widespread in the early generations. This category is similar to consensus or legal precedence as will be discussed later.

Ahaad hadith are divided into several categories depending on the quality of the narrators in the chain: Sahih, Hasan, and weak. Only Sahih and Hasan hadith are considered acceptable for Islamic law.

Hadith are also divided into several categories depending on the connection of the chain: Some are fully connected (accepted by everyone), some are Mursal where a student of the companions narrates from the Prophet (SAW) without mentioning his source(s) (accepted by the Hanafis and Malikis), and some are heavily disconnected to the point of being rejected.

Those are simple categories but deciding what exactly is authentic or acceptable or not is a common reason for difference of opinion in fiqh.

This type of Sunnah is non-definitive in authenticity and can be strong or weak depending on the chain of narration.

2.3 Qiyas

There are many types of Qiyas (analogical reasoning) but Qiyas generally involves taking a known ruling and extending it to an unknown case. The majority of scholars agree on using qiyas as evidence, so it is either definitive or non-definitive but strong in authority.

For example, Allah forbids alcohol in the Quran, intoxication is the reason for its prohibition, weed also intoxicates, so weed is also forbidden. That is only for demonstration. There are also hadith that explicitly prohibit all intoxicants.

The underlying logic of Qiyas is that Allah’s law is consistent and general principles in the Quran should be upheld instead of making exceptions without strong evidence.

For example, Allah tells us to stay away from food and water and intercourse in Ramadan while fasting. But, a hadith says, “Whoever eats and drinks forgetfully while fasting, it is only Allah who fed him.” (Sahih Bukhari)

The Malikis did not accept this hadith as strong enough evidence to overturn the general rule of fasting, so they said this can only mean “he is not sinful” but he still needs to make up the fast. The Hanafis accepted the hadith and said he does not need to make up the fast, but they refused to go any further and say accidental (but not forgetful) eating is the same. They upheld the general rule in everything not specified by the hadith (forgetting). The Shafi’is and Hanbalis went further and said anyone who eats and drinks accidentally also does not need to make up his fast.

The qiyas in this case is the general rule that eating and drinking breaks the fast. The stronger a scholar considered this qiyas and the weaker he considered the hadith, the less willing he was to say eating and drinking in any particular circumstance does not break the fast.

2.4 Consensus

Consensus (Ijma) is when the scholars of a particular generation agree on a ruling of Islamic law. The most important consensus was the consensus of the companions, then the generation after them, then the generation after them. This type of consensus is definitive in authority.

The consensus of the Muslims after the first three generations is also considered evidence, but it is harder to prove than the consensus of those in the first three generations, because Muslims became so widespread. This type of consensus is strong but non-definitive in authority since not everyone agreed it is a source of law.

Consensus, in practice, is of two types:

Generational Practical Consensus
Silent Consensus

The first is when the Muslim scholars agreed on doing some actions generationally since the time of the Prophet (SAW). This consensus is evidence in two ways: 1) It proves the practice came from the Prophet (SAW) without much room for doubt, and 2) Allah says at least some of the believers are always on the correct path and says ⟪And whoever opposes the Messenger after guidance has become clear to him and follows other than the way of the believers – We will give him what he has taken and drive him into Hell.⟫ (4:115)

For example, praying five times a day, starting prayer with Allahu Akbar, reciting Fatihah in prayer, bowing once in every rakah, prostrating twice in every rakah, and ending prayer with Salam. All of these were passed down as generational practices since the time of the Prophet (SAW), and no one disagreed with them.

This consensus is similar to Sunnah passed down as generational practice, however, there are examples that differentiate it from the Sunnah. For example, praying taraweeh every night of Ramadan was a practice with basis in the Prophet (SAW)’s actions but started in the time of Umar (RA).

This type of consensus is definitive in authenticity.

The second type is when some major scholars opined on a subject, this opinion became widespread, and no one rebuked them or opposed them for that view. If anyone was opposed to it, they would have said it explicitly. Their silence is evidence no one was opposed to it. This consensus is evidence because Allah says ⟪You are the best nation produced [as an example] for mankind. You enjoin what is right and forbid what is wrong and believe in Allah.⟫ (3:110) So, Allah confirms that there will always be a group speaking out for the truth, and the lack of opposition shows the truth is not in opposing the agreed-upon view.

As for the second type, the majority of scholars from the four schools said it applies to any generation of Muslims. A few scholars said it only applies to the generation of the companions because they said the verse was about the companions.

Consensus can be found by perusing the view of early scholars as found in works like the Muwatta, the Musannafs, and other records of their views. Many scholars also wrote books collecting topics of consensus, including Ibn al-Munzir and Ibn Hazm.

For example, Muslim scholars since the early period agreed that a murderer does not inherit anything from the person he killed, even though there is no explicit verse or authentic hadith on the topic.

The authenticity of this type of consensus can differ depending on the reliability of the source claiming consensus, so it is necessary to investigate before assuming a consensus.

It is also necessary to properly understand what the consensus is about rather than what you think it is about.

For example, there is consensus about reciting Fatihah in Salah. But, this does not mean there is consensus reciting Fatihah is fardh in Salah. So, when the Hanafis say reciting Surah Fatihah is wajib (or if some say it is recommended), that does not violate the consensus.

2.5 Legal Precedence

The legal precedent of the early scholars of a particular region was considered evidence by some scholars, depending on the region. However, this is only non-definitive in authority.

The Malikis explicitly argued that the precedent or agreement of the people of Madinah was strong enough evidence to overturn singular Sahih hadith, because Madinah was the place the Prophet (SAW) lived and taught and where most of his companions lived and taught. Hence, if a rule was unknown to the people of Madinah, it would be suspect, and if the people of Madinah had a practice or belief, it would likely trace to the Sunnah stronger in authenticity than a Sahih hadith.

For example, the practice of the people of Madinah was that they started their prayers after Allahu Akbar directly with Alhamdulillah (Surah Fatihah) with no Bismillah or Auzubillah or any dua. As a result, Malik did not accept the existence of Bismillah or Auzubillah or any dua before Fatihah in Salah, even though Auzubillah is based on a verse of the Quran (16:98) and there are a few duas in Hasan hadith.

The Hanafis heavily relied on the precedent of Ibn Masud and his students even though they did not consider it an explicit source of evidence. They argued that Ibn Masud was one of the most knowledgeable companions. The Prophet (SAW) said to learn the Quran from four people, and Ibn Masud was one of them. Even Umar (RA) used to consult him for legal opinions. So, Ibn Masud’s view is preferred over the views of younger companions like Ibn Umar and Ibn Abbas (RA).

For example, Ibn Masud and his students did not combine prayers while travelling by praying Dhuhr in Asr time or vice versa. As such, the Hanafis preferred this view over the idea that prayers can be combined while travelling. Any hadith that vaguely mentioned combining was interpreted as “apparent combination” (where you pray in the time between the two with each in their own time), and any hadith that explicitly mentioned combining was questionable enough to reject as mistaken. See: Combining Prayers in Travel: A Case Study in Usul al-Fiqh and Hadith

The Shafi’is and Hanbalis generally did not treat legal precedent as valid evidence in Islam. They only said consensus is evidence. As for legal precedence of one city while others disagree, that was not considered evidence.

2.6 Views of the Companions

The Hanafis and Malikis took the views of the companions as serious evidence in Islam. They both agreed on the precedence of the Khulafa al-Rashidun, especially Umar and Ali (RA) whom we have many judgements from.

Then, the Hanafis preferred the views of Ibn Masud and his companions more than others.

The Malikis heavily relied on the views of Ibn Umar, Aisha (RA), and other companions of Madinah.

The scholars of Makkah heavily relied on the views of Ibn Abbas.

The Shafi’is did not believe the companions were evidence in and of themselves unless there was agreement. If there was agreement between the companions, that would be consensus, and consensus was considered valid evidence in Islam.

When the companions differed, they did not resort to preference of companions like the Hanafis and Malikis often did in practice. Instead, they said each view should be evaluated on its own terms from the sources of law to come to a conclusion.

For example, Allah says ⟪Divorced women stay by themselves for three periods.⟫ The Hanafis followed the view of Ibn Masud and Umar (RA) that it means three periods of menstruation. The Malikis followed the view of Aisha, Ibn Umar, and Zaid ibn Thabit that it means three periods of purity.

2.7 Other Sources

There are more sources of the Islamic law which some groups argue exist but others argue do not exist as independent sources:

Istihsan: Overturning the general rule or preferring a weaker qiyas over a stronger qiyas because of a significant problem that would happen if the general rule were applied. This will be discussed in more detail in the section of qiyas.
Maslahah Mursalah: Taking into account general benefit to people when deciding a rule.
Sadd al-Zarā’i: Prohibiting or discouraging something that leads to evil even if not itself evil.
Istishab (استصحاب): Keeping the default as it is. E.g. If something is allowed, it stays allowed until proven otherwise.
Urf: Taking into account the general custom and culture of the society when making a rule.

Although some scholars do not agree with the classification of some of the above as sources of law, they all agree on using the general principles mentioned when determining the law.

3. Interpretation of Language

The Quran and Sunnah are in the human language Arabic. As a result, they can only be properly interpreted by understanding how language in general works and how Arabic specifically works.

To understand how Arabic specifically works, you need to refer to books that teach Arabic.

But, to understand some important features of language itself, you need to study Usul. I have divided the important features of language into singular and relational.

Singular features are those that have to do with one text. Relational features are those that have to do with the interaction between two texts.

3.1 Singular

3.1.1 Commands

Ways of Giving Commands

The simplest and most unambiguous way to give a command in Arabic is the grammatical command form (افْعَلْ). Another way is to use the laam of amr, like وَلْيَكْتُبْ.

Another way to give a command is to explicitly say that Allah “commands” or “obligates” something. For example, ⟪Fasting has been decreed upon you.⟫ (2:180)

Another way is to use an informational sentence with the meaning of a command. This one can sometimes have difference of opinion: Is it just information or is it a command? For example, “There is no changer for Allah’s words” (18:27) i.e. “No one is allowed to change the words of Allah” or “No one has the ability to change the words of Allah.” Another example is ⟪Divorced women stay by themselves for three periods.⟫.

Ways of Prohibiting

The simplest and most unambiguous way to prohibit something in Arabic is the grammatical prohibition (لَا‏ تَفْعَلْ). For example, Allah says ⟪Do not come near zina.⟫ (7:19)

Another way is to say Allah prohibits something or call something sinful or those who do it sinners or mention that the doer gets some punishment. For example, Allah says ⟪Allah forbids you from those who fight you because of religion […] that you make allies of them.⟫ (60:9) and says ⟪And whoever does not judge by what Allah has revealed – then it is those who are the wrongdoers.⟫ (5:45)

The following discussions apply to both commands and prohibitions equally.

Does a command entail obligation?

The default meaning of a command is obligation in the absence of evidence, and this was the view of the majority of scholars of all four schools of thought. For example, Allah says ⟪Establish prayer at the decline of the sun till the coming of night and [establish] the recitation of Fajr.⟫ (17:78)

When can commands be not obligation?

There can be internal or external reason for a command to be interpreted as recommendation rather than obligation. However, scholars can differ over whether something is enough evidence to move from obligation to recommendation.

An internal reason is when the context indicates it is recommendation or just allowance, if it comes after a prohibition to overturn it. For example, Allah commands people to leave their business and come to Jumuah. Then, He says ⟪when the prayer has been concluded, disperse within the land and seek from the bounty of Allah⟫ (62:10). This just means, “Now, you are allowed to leave the masjid and return to your business and seek the bounty of Allah.”

Sometimes, the context can even indicate the command is just rhetorical, not obligation or even allowance. For example, Allah says ⟪Whoever wishes should believe, and whoever wishes should disbelieve.⟫ (18:29) However, everyone is obligated to believe. Allah says ⟪O mankind, worship your Lord who created you.⟫ (2:21)

An external reason is when some other evidence from the Quran or Sunnah or consensus or qiyas proves that a command is recommendation rather than obligation.

For example, Allah says ⟪When you recite the Quran, seek refuge in Allah from the expelled Shaitan.⟫ (16:98) All four schools of thought agree that seeking refuge is not obligatory before reciting Quran because of the lack of evidence in the Sunnah that the Prophet (SAW) did so in Salah. They say it is either widely transmitted Sunnah or even consensus among the early generations that the Prophet never commanded it to be done in Salah. However, Ata ibn Abi Rabah (a student of Ibn Abbas) used to consider it obligatory in Salah and outside Salah because of the verse.

Another example is that Anas and Abu Saeed (RA) narrated that Prophet (SAW) told us not to drink while standing (Sahih Muslim). However, Ali and Ibn Abbas (RA) narrated that they saw the Prophet drinking while standing (Sahih Bukhari). So, the meaning of the first hadith would be understood only as dislike rather than prohibition.

3.1.2 Literal and Figurative

Haqiqah (literal) refers to when words have their original meaning, while Majaz (figurative) refers to any time they mean something other than their exact meaning.

Haqiqah can be three types: Linguistic, Shar’i, and conventional. For example, Salah linguistically means dua but in the Shariah means the well-known prayer.

Since it is defined so broadly, majaz is divided into many categories. One categorization is:

Majaz by Addition: When a word in a sentence is not necessary for the sentence’s meaning. For example, ⟪There is nothing like unto him⟫ i.e. “There is nothing like him.”
Majaz by Reduction: When a word is implied and assumed to be in the sentence even though it is not explicitly included. For example, ⟪Ask the city⟫ i.e. “Ask the people of the city.”
Majaz by Transfer: When one word or phrase stands in for another related meaning. For example, you need to do wudhu ⟪When one of you comes from the washroom⟫ but it does not mean literally coming from the washroom.
Majaz by Metaphor or Personification: When you say something to mean something similar to it. For example, ⟪A wall intending to fall down⟫ i.e. “About to fall down” and intention (a human trait) is compared to the probability of being about to fall.

Sometimes, scholars can differ whether a particular word is being used in its literal meaning or majazi meaning. However, these differences are rarely straightforward. Often, both sides argue their interpretation is literal.

For example, Allah says you need to do tayammum if you don’t have water and you ⟪have touched women.⟫ (4:43) The Hanafis say this refers to having intercourse with women which breaks ghusl. Shafi’is argue that it means literal touch, and touching your wife breaks wudhu regardless of intercourse. There is more evidence used in this subject from the Sunnah to clarify things.

A simpler example is that Allah says ⟪Keep away from wives during menstruation⟫ (2:222). However, everyone agrees this only means “Don’t have intercourse with wives during menstruation,” not to keep a physical distance, and this is proven in the Sunnah of the Prophet (SAW) and how he treated his wives.

3.1.3 Implication

A word or sentence can have an implication (mafhum) from its explicit meaning.

Implications are of two types:

Mafhum Muwafaqah: When the sentence implies something further about the same meaning. For example, Allah says ⟪Don’t say uff to them [your parents]⟫, and this implies you cannot curse them or insult them either.
Mafhum Mukhalafah: When the sentence implies the opposite meaning about its inverse. For example, if someone says, “Don’t eat the cake in the fridge,” that implies you can eat other things in the fridge.

Mafhum Muwaqah is possible evidence according to everyone. Some say it is part of language and others say it is just a type of qiyas.

Mafhum Mukhalafah is possible evidence according to everyone except the Hanafis.

3.1.4 Homonyms

When a word or sentence can have multiple meanings, it is called Mushtarak. You need to use evidence to resolve what is meant.

For example, Allah says ⟪Divorced women stay by themselves for three periods.⟫ The periods could refer to menstruation or purity. The Hanafis said it means she has to wait three periods of menstruation, and this was the view of the early scholars of Makkah, Kufa, and Basra and is authentic to Ibn Masud and Umar (RA). The Malikis and Shafi’is said it means she has to wait three periods of purity, and this was the view of the early scholars of Madinah including Aisha, Zaid ibn Thabit, and Ibn Umar (RA).

Each side supported its view with arguments.

There is difference of opinion whether a mushtarak word can be used in both its meanings at the same time. The Hanafis said no. The Shafi’is and others allowed a word being used for multiple meanings at the same time.

3.2 Relational

3.2.1 General and Specific

Aam and Khaas are a central part of understanding Usul al-Fiqh.

Aam is a general statement, while Khaas is its corresponding specific statement. For example, Allah said to Adam (AS), ⟪Eat from it wherever you wish⟫ and also said ⟪And do not approach this tree⟫ (2:35).

Takhsees is when a specific statement creates an exception in a general one or specifies the application of the general one in some way.

Takhsees is possible according to the majority of scholars even when there are two separate pieces of evidence. They said the specific statement just clarifies the general statement. It does not overturn it.

According to the Hanafis, takhsees can only be within the same sentence or speech (like in the verse about Adam AS), but if a totally different statement says something specific that opposes the general statement, that is in reality abrogation (the ruling is being changed), not an exception (where the ruling is just clarified, not changed).

As such, creating an exception in this way can only be allowed if abrogation is allowed in that scenario (i.e. only when the two texts have the same level of certainty, an uncertain text cannot abrogate a certain text, hence a hadith cannot overturn the law of the Quran).

For example, Allah says ⟪Recite whatever is easy for you from the Quran⟫ (73:20) and this is about prayer. The Prophet (SAW) said, “There is no Salah for the one who does not recite Surah Fatihah.” The hadith entails the specification of the general allowance in the Quran and a Sahih hadith cannot abrogate the Quran, so the Hanafis say it is allowed to recite any part of the Quran in Salah for it to be valid, not just Surah Fatihah. But, because of the hadith, they say reciting Surah Fatihah is wajib but not necessary for validity. The other three schools say reciting Fatihah is fardh because of the Sahih hadith.

3.2.2 Specified and Unspecified

Mutlaq and Muqayyad refer to two sentences that are unspecified and specified respectively.

For example, “a Muslim slave” is Muqayyad while “a slave” is Mutlaq.

Scholars differed about the question: When one verse says something Mutlaq and another verse says something Muqayyad, what do you do?

If both verses are on the same subject, then everyone agrees you act on the specified or restricted version. That is because only acting on the specified version would fulfill both commands. For example, if you are told to eat ice cream and also told to eat vanilla ice cream, you can only fulfill both commands by eating vanilla ice cream.

If both verses are on different subjects but have the same cause or the same ruling, the Shafi’is argued that the specified is implemented while the Hanafis said the unspecified command remains unspecified. In practice, determining whether the verses are related is complicated.

For example, Allah says about the kaffarah of accidental killing ⟪the freeing of a believing slave⟫ (4:92) and says about the kaffarah of zihar (an illegal type of divorce) ⟪then the freeing of a slave⟫ (58:3). The causes are different, so the Hanafis say the kaffarah of zihar does not require a believing slave since it is unspecified in the verse. The Shafi’is say it requires a believing slave because they carry over the specification from the verse of accidental killing.

Another example is that Allah says in the verse of wudhu ⟪And wash […] your hands until the elbows⟫ then says about tayammum ⟪seek clean earth and wipe over your faces and hands with it⟫ (5:6). Because the rulings are different despite similar cause (purification), the Hanafis say that you only need to wipe over your hands (i.e. until the wrist) in tayammum because the the verse keeps it unspecified. The Shafi’is say you need to wipe until your elbows because the verse of wudhu adds that specification and the specification is carried over.

It is also possible to say the reason for the specification carrying over is not language but qiyas.

3.2.3 Brief and Elaborate

Mujmal is a source that is brief and unexplained, while Bayan or Mubayyan is the source that explains the brief source.

Anything mujmal requires bayan before being acted upon.

For example, Allah says ⟪Establish prayer⟫ (17:78) but the exact method of praying is explained in the Sunnah of the Prophet (SAW).

4. Qiyas

4.1 Qiyas Illah and Shabah

Qiyas (analogical reasoning) is when the ruling (hukm) of a known scenario (asl) and its legal cause (illah) or qualities are used to determine the the ruling of a scenario being considered (far’), due a similarity in legal cause or qualities.

The asl is often a scenario where the two interlocutors agree while the far’ is where they disagree, hence the asl is used as evidence to establish the hukm on the far’.

For example, alcohol is a known prohibition with the illah of intoxication, hence weed would also be prohibited because it also intoxicates.

Qiyas is of two types in terms of the reasoning used:

Qiyas of Illah (Legal Cause): When the comparison is based on the legal cause.
Qiyas of Shabah (Similarity): When the comparison is based on similarity other than the legal cause.

Qiyas of Illah is stronger than Qiyas of Shabah.

An example of Qiyas of Illah is using the ruling of alcohol to prohibit weed.

An example of Qiyas of Similarity: The Shafi’is said that, since intention is required in tayammum by consensus, it should also be required in wudhu, because they are both methods of gaining purity. The Hanafis did not require intention in wudhu or ghusl because of the lack of evidence and other reasons.

Another example is the Malikis arguing that if you break a pillar of Salah or Umrah or any act of worship forgetfully, the act of worship is invalidated and you must repeat it. Hence, the same must apply to eating forgetfully while fasting. Others said eating forgetfully while fasting does not break the fast because of the hadith.

4.2 Qiyas Jali and Musawah

There are also two types of qiyas called Qiyas Jali and Musawah which are either separate types of qiyas or subcategories of Qiyas of Illah. Qiyas Jali and Musawah can also be considered Mafhum Muwafaqah as discussed before.

Qiyas Jali is when the far’ is even more deserving of the ruling than the asl. For example, ⟪Don’t say uff to them [your parents]⟫ entails without doubt that you cannot hit your parents.

Qiyas Musawah is when the far’ is clearly equivalent to the asl in deserving the ruling in a way that leaves no doubt. For example, the Prophet (SAW) said, “Don’t urinate in still water then use it for washing yourself.” This applies equally without doubt to defecation.

4.3 Determining the Illah

The Illah is the legal cause for a given ruling. An illah is different from a hikmah (wisdom), since the illah is the legal cause while the hikmah is the ultimate purpose of the ruling.

For example, the illah of alcohol being prohibited is intoxication, but the hikmah is that it distracts from the remembrance of Allah and causes conflict.

The hikmah cannot be used to make a new ruling since only Allah can legislate. Only the illah can be used to extend the ruling of the Quran to something legally similar to it.

Determining what exactly is the illah can be a source of debate. There are four major ways to know the illah:

Explicit textual evidence from the Quran or Sunnah
Consensus about the illah
Consistency of the illah with the hukm
Argument from Elimination

The first two do not leave much room for doubt or debate, except in the authenticity of the hadith and the extent of the agreement.

An example of the first: The Prophet (SAW) said, “Every intoxicant is haram.” The illah for prohibition is then intoxication.

An example of the second: Missing an obligation is an illah for being required to make it up. However, some people disagree about whether to make up Salah.

The third is when you look at the known law and conclude the illah based on its association with the hukm. This can be a source of disagreement.

For example, the Shafi’is said there is no ritual act of worship that we agree on where intention is not required (like Salah, Zakah, Umrah, etc.), hence it should also be required in wudhu (where we disagree). The Hanafis disagreed and said wudhu is not a ritual act of worship.

The fourth is when there are not many known laws to compare to but you use reasoning to eliminate all possible illahs but one.

For example, Allah says ⟪O you who have believed, indeed, wine and gambling […] are but defilement from the work of Satan, so avoid it that you may be successful.⟫ (5:90)

The illah for wine being prohibited cannot be its quality of being enjoyable or distracting or tasty because all of those qualities also exist in other things that are not prohibited by consensus. Then, logically, the only quality left is its intoxication. Hence, all other intoxicants should also be prohibited.

Another example is that the Prophet (SAW) said, “Whoever plays backgammon (or with dice) is like the one who dips his hand into pig blood and meat.” (Sahih Muslim)

The illah cannot be its quality of being enjoyable or distracting or useless. If the illah was being a board game, the same ruling would apply to all board games. If the illah was the usage of dice, the same ruling would apply to all dice games. If the illah was being similar to gamblers, the same ruling would apply to playing poker and other games associated with gambling.

4.4 General Principles

Qawa’id or General Principles are those rules derived from a large number of cases in Islamic law. When applying these principles to a new case, that is qiyas.

Principles proven by consensus or the Quran are definitive and general, hence cannot be overturned or given exceptions without definitive evidence according to the Hanafis.

For example, the general principle is that Zuhr is prayed on its time and Asr is prayed on its time. The Hanafis say this cannot be overturned by Hasan or weak hadith that claim the Prophet (SAW) prayed them in each other’s times while travelling. It also cannot be overturned by the more vague Sahih hadith that only mention the Prophet “combined” those prayers. Instead, those hadith will be interpreted to mean apparent combination where he prayed Zuhr at the end of its time and Asr at the start of its time.

The others say the multiple hadith can be used to overturn the general principle and allow travelers to pray the two prayers in the time of the other.

5. Reconciling Evidence

There are three ways to reconcile different pieces of evidence when they contradict at face-value:

Combination
Abrogation
Preference

5.1 Combination

Combination is to interpret both texts to apply without discarding either one. There are two types of combination.

The first type is to say one applies to one scenario and the other applies to another scenario.

Allah says in the Quran ⟪O believers, when you rise to [perform] prayer, wash your faces and your forearms to the elbows and wipe over your heads and wash your feet to the ankles.⟫ (5:6)

Allah says ⟪wash your feet⟫ but it was reported by many companions from the Prophet (SAW) and was the consensus of the believers that they could wipe over their leather socks if they were wearing them.

As such, combination is to say the command to wash is when you are not wearing socks which you wore in a state of wudhu and it is allowed to wipe over your socks when you wore socks in a state of wudhu.

This type of combination entails takhsees, and the different views on takhsees were discussed before. This would be a type of abrogation in the Hanafi view.

The second type of combination is to interpret them in a way that both apply simultaneously but with slightly different meanings.

For example, Allah says in the Quran about the believers ⟪They will face an easy account⟫ (84:8), and the Prophet (SAW) said, “Anyone who is taken to account (on the Day of Judgement) is destroyed.”

When Aisha (RA) asked the Prophet how that is the case when the verse says the believers face an easy account, the Prophet (SAW) said that account will just be general presentation of deeds while the account he was talking about is the account of being asked about specific actions.

The Hanafis did not consider this type of combination abrogation because it does not involve takhsees.

For example, Allah says ⟪Recite whatever is easy for you from the Quran⟫ (73:20), and the Prophet (SAW) said, “There is no Salah for the one who does not recite Surah Fatihah.” So, they interpreted the hadith to mean “There is no complete Salah” i.e. Fatihah is wajib but not fardh. Hence, the two are combined without takhsees.

5.2 Preference

Preference is to prefer one text over the other. This can be either by considering the other text inauthentic or reinterpreting it away from its apparent meaning.

This is not mutually exclusive with combination, since the reinterpretation can involve some amount of combination. However, it is necessary to recognize when combining the texts is being done because of preference and when it is being done in itself.

For example, the Malikis preferred the general rule and qiyas that eating and drinking breaks the fast even if you forgot you were fasting, so they reinterpreted the hadith, “Whoever eats and drinks forgetfully while fasting, let him complete his fast, because it is only Allah who fed him.” (Sahih Bukhari)

The apparent meaning of the hadith is that the fast does not break. But, the Malikis reinterpreted “let him complete his fast” to mean “let him complete his fast properly by making it up.”

Preference can also involve doubting the authenticity of a hadith or the strength of qiyas. The strength of a text is determined by its authenticity and interpretation. The strength of qiyas is determined by how strongly proven the illah or shabah is.

For example, the Hanafis preferred the general rule about the times of prayer over questionable hadith that claim the Prophet combined two prayers.

5.3 Abrogation

Abrogation is when one rule replaced another rule in Allah’s law in the lifetime of the Prophet (SAW). There are many reasons Allah may have abrogated a rule as I discussed in Wisdom of Abrogation.

5.3.1 What can abrogate what?

The majority view is that definitive evidence is allowed to abrogate definitive and non-definitive evidence, and non-definitive evidence is only allowed to abrogate non-definitive evidence. However, the Shafi’is said only the Quran can abrogate the Quran, and only the Sunnah can abrogate the Sunnah.

For example, Allah says ⟪Prescribed for you when death approaches [any] one of you if he leaves wealth [is that he should make] a bequest for the parents and near relatives according to what is acceptable⟫ (2:180) in Surah Baqarah, but the verses of Surah Nisa about inheritance abrogated this rule ⟪Allah instructs you concerning your children…⟫ (4:11)

So, the majority of scholars of all four schools said it is no longer obligatory to make a will, since Surah Nisa came after Surah Baqarah, but it can be recommended to make a will for those the inheritance laws do not cover.

Everyone allowed this abrogation because both are verses of the Quran (for Shafi’i) and both are definitive since they are verses of the Quran (for the majority).

The Hanafis would allow a mashhur hadith (which they considered definitive), like wiping over the socks, to abrogate (through takhsees, which is abrogation in their view) the Quran’s command to wash the feet. However, none of the four schools would not allow an ahaad hadith (which is non-definitive) to abrogate a command in the Quran.

Some people however believed that an ahaad Sahih hadith can abrogate a verse in the Quran.

5.3.2 How to know abrogation?

There are three ways abrogation is known: 1) When it is explicitly mentioned in a hadith, or 2) through inference from the order of the Quran, or 3) through general inference.

However, a few early scholars preferred combining and said only the part about making a bequest to parents is abrogated, but making a bequest for relatives that do not inherit is still obligatory.

When a scholar believes a rule was revealed after another rule even without clear evidence, then he may posit that the later rule abrogated and replaced the earlier rule.

For example, Abu Hanifah believed Witr is wajib because of several reports including the hadith of Aasim ibn Dhamrah from Ali (RA), “Witr is not binidng like the fardh prayers (maktubah), but it is an example that the Prophet (SAW) set. So, pray Witr, O people of the Quran.” (Abu Dawud, Nasai) Because of this hadith, he said Witr is wajib but not fardh. As such, the Hanafis interpreted the hadith of the Prophet (SAW) telling the Bedouin who asked what prayers are obligatory upon him, “Five prayers in a day,” as being abrogated. Some Hanafis also said Witr is considered an extension of Isha, hence it is still five prayers a day.

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