The science of ushûl fiqh (principles of Islamic jurisprudence) is a branch of Islamic knowledge. It is a very significant subject in understanding Islamic jurisprudence which is based on two primary sources i.e. Al-Qur'an and sunnah Rasulullah Shallallahu 'alaihi wasallam (traditions of the Prophet). It is through ushûl fiqh, that someone can be able to: · identify the procedures of certain dalîl · identify general principles of Islamic law · recognise the way in which certain dalîl (evidence) can be interpreted and implemented in daily life.

Ushûl fiqh is made up of two words, each has its own meaning i.e. ushûl and fiqh. Ushûl in Arabic language is the plural of the word ashl ( ) which means 'basis or foundation (of something concrete or abstract)'. The definition of the word ushûl, as commonly used in the science of ushûl fiqh, is dalîl, that is the evidences of fiqh.

Whereas the word fiqh () from language point of view is 'deep understanding that requires sharp thinking', as stated in the sunnah Rasulullah:

Meaning: "Whosoever Allah wants to grant him virtue, He gives him (deep) understanding in religion." The conceptual meaning of fiqh is:

Meaning: "The knowledge of practicable Islamic law which is gained from specific evidences."

When both words are united to form ushûl fiqh (), it means 'the basis in discriminating and recognising in depth the procedures of extracting rules of syara' from its primary sources: Al-Qur'an, hadits, ijmâ' ulama (consensus of jurists) and qiyâs (analogical deductions)'.

According to scholars of Al-Imam Al-Syafi'e school of thought fiqh means:

Meaning: "Comprehensive knowledge of evidencesGeneral knowledge of evidences in jurisprudence and the way of applying it and knowledge of the person who performs the ijtihad (mujtahid)."

The Islamic law revealed by Allah Subhanahu wata'ala to mankind is in fact based on its foremost source al-Qur'an. The role of the tradtions of the Prophet Muhammad Sallallahu Alaihi Wasallam is to clarify and explain the contents of al-Qur'an either through the words or deeds of the Prophet. During the time of Rasulullah Sallallahu Alaihi Wasallam, cases wwere referred to him, and the Prophet would pronounce his judgement. The Prophet would give definite answers for issues, cases anf questions that took place among the sahabah ( the companions of Rasulullah), whether the problem concerned personel conduct, mutual relations or various social matters. Therefore they were not in urgent need of specific procedures in determining or extracting rules.

Neverthless, some companions had to exercise thei own ijtihad (juristic reasoning) over several issues that did not have their original nash (pronouncement) especially when they were appointed to rule certain places and had witnessed situations that they had never seen before. The ijtihad made by these sahabah which were later approved by the Prophet, were considered as sunnah of Rasulullah. Those that he initially disapproved of were clarified and corrected and would later also be a sunnah.

After the demise of the Prophet Muhammad Sallallahu 'alaihi wasallam, and when the spread of Islam became more extensive, Muslim societies began to face numerous changes as a result of the greater socialization with various foreign races and countries. This has given rise to new issues and roblems related to the shariah lawa. This in turn has led to variuos opinions being presented in determining rules or rulings.

Thus, some Muslim jurists and scholars opined that certain rules and methods were required in execising ijtihad and istinabath (law extraction) so that every rule determined from evidences are legitimate and accurate. It is also hoped that these methods and rules couls narrow tha gap in difference of opinions of the scholars.

The first scholar who compiled and authored the science of ushûl fiqh was Al-Imam Al-Shafi'e Rahimahullahu Ta'ala, after a dispute among scholars during his period over four major problems:

1. Dispute in sunnah Rasulullah -
2. Dispute in qiyâs -
3. Dispute in ijmâ' -
4. Dispute in taklîf (legal capacity) matter -

Consequently, Al-Imam Al-Shafi'e had produced some methods through his ijtihâd and prior to that, a book on ushûl fiqh known as Al-Risâlah was published. This book was compiled according to the fiqh collection, inherited from the companions of the Prophet, tâbi'in (followers) and the mujtahid scholars before him. In his ijtihâd (juristic reasoning), Al-Imam Al-Shafi'e had analysed in detail two contradicting schools of thought that is the ahl al-hadîth which was centered in Madinah and the ahl al-ra'yi in Iraq. Al-Imam Al-Shafi'e had made an effort to reconcile the schools and performed an analysis on them. Al-Imam Al-Shafi'e had discriminated between the valid (authentic) and invalid opinions until he was able to arrange and publish his ushûl fiqh theories, with the hope that this will be a guidance in law extraction among his contemporaries and future generations.

The contents of Al-Risâlah has been discussed widely by the ushûl fiqh scholars after Al-Imam Al-Shafi'e. Although there are various types of commentaries given by them, generally the four imâm (leaders) of Ahli Sunnah Wal Jamâ'ah school of thought have agreed with the evidences given by Al-Imam Al-Shafi'e which are the Al-Qur'an, sunnah Rasulullah, ijmâ' and qiyâs.

The Islamic rules based on the evidences from al-Qur'an, hadith, ijma, qiyas etc, are known as al-dalalah al-syar'iyah (evidences of law) and in particular cases where no clear evidence found, the Islamic jurists will be extracting and determinig rules by using the procedure of al-maqasid al-shar'iyyah (the objectives of the Islamic law).

The usul fiqh scholars say :"Usul fiqh are proedures used to understand the law of syara', as guidance and direction to rulings and ijtihad." According to them, the main objective of usul fiqh is to learn and to know thw evidences of syara' with regards to 'ibadah (acts of devotion) mu'amalah (sociap relations, 'uqubah (criminal law) and munakahat (marriage).

For example in matters of 'ibadah as stated in the al-Qur'an : which means : "So estabilsh regular prayer" (surah al-Nur :56) According to the fiqh scholars, the decree on performing prayers is al-amr li al-wujub (obligatory command) to all mukallaf based on the presumption that whoever fails to do so will be placed in hell.

Similarly, in other cases, jurists or scholars determine and fix the rules according to the said procedure or by using other methods such as al-nahyu li al-tahrim (forbidden prohibition), al-nahyu li al-karahah ( reprehensible prohibition), al-amru li al-nadb ( recommended command ), etc.

The procedures of al-maqashid al-shar'iyyah explains that the aim of shara' which need to be preserved are these five :

As an example in protecting the requirement of human life Allah says:

Meaning : "And in the law of Equality there is (saving of) life to you". (Surah al-Baqarah : 179)

The Prophet Sallallahu Alaihi Wasallam says in his hadits :

Meaning : "No one is to buy goods which have been purchased by another, a trader from the city should not buy from a village farmer : Do not wed both a woman and her paternal or maternal aunt at the same time, buy so doing you have severed the kiship ties amongst you." (Narrated by al-Imam al-Bukhari).

The above verse and hadiths clearly show that the law of shara covers the preservation of human requirements like life, property and harmony.

The scholars of ushûl fiqh have stated the importance of the science of ushûl fiqh as follows:

1. To determine methods and regulations used by mujtahid in obtaining law through ijtihâd.

2. To ascertain the rules of ijtihâd stipulated upon the mujtahid that enable him to extract syariah law from nash (dictum) accurately.

3. To clarify the law through procedures compiled by mujtahid that enable the determination and implementation of law regarding new issues that are yet to be decided upon.

4. To explain to the public the role of mujtahid, mufti and Muslim scholars in determining law and implementing it thoroughly.

5. To protect religion from the misuse of evidence as it is through ushûl fiqh that one can determine which are the Islamic rules derived from primary sources and which from secondary sources. The role of ushûl fiqh is to spread Islamic law in accordance with the need of Muslim community.

6. To differentiate between the strong and feeble opinions following the evidences used in ijtihâd, enabling clarification of the opinions by forwarding the justifications.

7. To compile methods used to determine certain rules regarding various social problems which are constantly developing.

Clearly, the science of ushûl fiqh is very essential in understanding, knowing and discovering Islamic law originating from the commandments of Allah until its real goal can be achieved and implemented. Whatever methods and rules exercised by the Muslim scholars, jurists and mufti in resolving certain issues raised, the goal is one - that is to ensure that the implementation of Allah's law is done in an appropriate manner in order to maintain the well-being of human life here and in the hereafter.

May Muslim societies be guided and blessed by Allah in seeking truth, happiness and in achieving His acceptance, âmîn.