The discipline of ‘principles of Islamic jurisprudence’ (usul al-fiqh) constitutes the theoretical basis of Islamic law (Shari’ah) and the indisputable foundation on which it is based. One of the most important branches of usul al-fiqh is the study of the usage of language. Language and the Interpretation of Islamic Law is the first work to appear in the English language dealing with this important aspect of Islamic law. Dr Sukri Husayn Ramic gives us the background to the terminology used by the different schools of Islamic law and then discusses the different applications of language in legal reasoning and the interpretation of Islamic law.

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Excerpt: What is usul al-fiqh?
The word usul is the plural of asl, literally, 'root'. In conjunction with the word fiqh the phrase - usul al-fiqh - refers to a science developed by Islamic scholars. This science represents the theoretical basis of the Shari'ah. Fiqh may be defined as the understanding of the principles by which the mujtahid derives practical Shari'ah rulings from their particular and valid premises:
--'Principles' includes the absolute propositions (qadaya kulliyyah) whose rules may be applied to numerous subjects. One such principle is, 'The absolute order [amr mutlaq] implies duty [wujub].' This is an absolute provision because it may be applied to all absolute commands, such as 'And offer prayers and give alms.' and 'O you who believe! Fulfil [your] obligations.' These absolute commands ('offer' and 'fulfil') that are not accompanied by any external or internal evidence may be included in the principle by which we may recognise rulings, in this case, with respect to the duty of offering prayers, giving alms and fulfilling obligations.

Another principle is that 'Absolute forbiddance [nahy mutlaq] implies prohibition [tarhim]'. It also represents an absolute proposition because all absolute forms of prohibition, which are not accompanied by any external or internal evidence, may be included in it. The following verses explain the concept further: 'And do not approach the orphan's property, except to improve it'; 'There is no compulsion in religion'; 'O you who believe! Let not a nation scoff at another nation, it may be that the latter are better than the former.'

All forms of prohibition (tarhim) in these verses may be included in that principle by which rulings are recognised. Therefore, in the preceding verses the ban implies the prohibition against mismanagement of orphans' property, the prohibition against forcing non-Muslims to accept Islam and the prohibition against scoffing at other nations.
--'by which a mujtahid derives practical Shari'ah rulings' means that these principles are the tools with which a mujtahid reaches Shari'ah rulings and derives them from their premises.
--'a mujtahid' excludes all those who are not qualified and who have not reached the level of mujtahid. This means that only certain kinds of people can undertake legal reasoning (ijtihad) and derive legal rulings from valid premises.
--'rulings' (hukm, pl. ahkam) means here the assertion of something for something. Accordingly the statement: 'The sun has risen or it has not risen' is a ruling, because it contains an assertion about the rising or non-rising of the sun.

The deduction of rulings may be achieved by three general methods:
(1) through reason ('aql) as in 'the one is half of two', 'the whole is bigger than a part of it'. These rulings are termed as ahkam 'aqliyyah;
(2) through natural feeling and senses such as knowing that fire burns. These
rulings are termed (ahkam hissiyyah);
(3) through authoritative texts. These rulings are termed ahkam shar'iyyah, such as rulings that the prescribed prayers are obligatory, that usury and adultery are forbidden, etc.

The principles of usul al-fiqh are concerned with the third kind of rulings. This is restricted by the attribute 'shar'iyyah' in order to distinguish it from ahkam 'aqliyyah and ahkam hissiyyah. These principles are established in order to help a mujtahid derive ahkam shar'iyyah from their valid particular premises.
--'from their valid particular premises' - a premise in a particular proof relating to certain questions arising from the verse 'Forbidden to you [for food] are dead animals.' This verse is a premise because it is related to the particular question of eating the flesh of animals who have not been slaughtered according to the rules of the Shari'ah and indicates the ruling that pertains to this question. The premise is valid when it relates to a particular question and is based on the sources of the Shari'ah which are represented in a universal and general proof. The word 'valid' excludes all sources of law which are not based on the Qur'an and the Sunnah.
--'particular' differentiates between specific and general (universal) proofs. From this definition usul al-fiqh may be seen as the aggregate of legal proofs which, when acquired properly, guide a mujtahid to legal judgements and help him derive legal rulings from their particulars.

The importance of the linguistic principles of usul al-fiqh
One of the most important branches of usul al-fiqh is the study of language. Linguistics includes principles relating to the way in which words convey their meanings, and to the clarity and ambiguity of words and their interpretation. The knowledge of these principles is essential to the proper understanding of the authoritative texts from which the legal rulings of Islamic law are deduced. Unless these texts are correctly understood no ruling can be deduced from them Linguistic principles are especially important when a given text is not self-evident, or when an apparent conflict between texts appears. From these principles a mujtahid may distinguish the speculative from the definitive texts and categorise clear and unclear texts (meanings). In cases of disagreement, the preference is for clearer or less ambiguous texts (meaning). A proper implementation of these principles in legal reasoning ensures intellectual rigour in sensitive areas where human beings must uphold the command of God (the only true Lawgiver) and speak in His name. From an Islamic perspective, human reasoning in a system of law which originates in divine revelation, is an arduous, complicated affair. Therefore all precautions need to be taken, and no effort spared in reaching the ruling intended by the Lawgiver. Usul al-fiqh linguistic principles are focussed on this difficult process.

The importance of these principles may be summarised as follows:
(a) They are essential to mujtahids for distinguishing between speculative and
definitive meanings and for categorising these meanings so that that which is clearer may be given precedence in case of a conflict.
(b) They provide powerful support for the mujtahid in his legal reasoning,
especially in the case of conflict between legal proofs in Islamic law.
(c) They provide understanding of words whose interpretation is a major cause of disagreement among Muslim jurists ( fuqaha').
(d) They help in better understanding the legislation of Islam and Islamic law in general.

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