Revision: Usul al-Fiqh and Ijtihad Tools

A fatwa is an Islamic answer or opinion given by a learned or qualified scholar such as the expert in religious law like the Mufti or Mujtahid on a specific issue or problem, usually at the request of an individual or group to resolve an issue where the Islamic law or syara', is unclear.

All fatwa derived from evidence from the three sources of Islamic knowledge: the Qur'an, authentic Sunnah, and understanding of the rightly guided companions of the Prophet Muhammad (pbuh). Any new arising cases or problems that are not mentioned in these three sources of Islamic knowledge will undergo an juristic evaluation and reasoning by learned Islamic scholars called ijtihad.

Ijtihad is the Islamic legal term that means "independent reasoning" or "the utmost effort a learned individual can put forth in an activity by using the three sources of Islamic knowledge mentioned above as resources to find a solution to a religious problem.

For example, matters like test-tube babies, organ donation and cloning are some of the recent developments in science and one needs to know whether they are permitted by the religion or not. It is in such newly arising matters that the need for Ijtihad arises.

The scholar will use different ijtihad tools like ijma', qiyas, hadith ahad, maslaha, istihsan, urf, Sadd al-Dhara'i etc to derive on an answer (fatwa) for a Islamic problem. The scholars will then apply and follow different ijtihad methodology depending on which School of Thought (mazhab) the scholar are from to to crack solve an Islamic problem.

Different School of Thought (mazhab) uses different formula and methodology to solve a case. Usul al-Fiqh is the theory of ijtihad whereas fiqh is the practice of ijtihad. In other word, these 'School of Thought' follow an equation of hierarchy of authority by using various Ijtihad tools to formulate an answer or fatwa on a religious problem. The equation of hierarchy of authority are:

1) MAZHAB HANAFI = Quran --> Sunnah Mutawatir --> Istihsan
--> Qiyas --> Ijma' --> Sunnah Ahad --> Ra'i of Sahabi --> Urf --> Istishab.

2) MAZHAB MALIKI = Quran --> Sunnah Mutawatir --> Amal of Medina/Ijma' --> Maslahah --> Qiyas --> Sunnah Ahad --> Ra'i of Sahabi --> Sadd al-Dhara'i --> Urf --> Istishab.

3) MAZHAB SHAFI’I = Quran --> Sunnah Mutawatir --> Ijma' of Sahabi --> Sunnah Ahad --> Ra’i of Sahabi --> Istishab --> Qiyas

4) MAZHAB HANBALI = Quran --> Sunnah Mutawatir --> Sunnah Ahad --> Ra’i of Sahabi --> Ijma' --> Qiyas --> Maslahah --> Istihsan --> Sadd al-Dhara'i --> Istishab.

As we can see here, all the mazhab or Islamic School of Thought prioritized the Quran and Sunnah Mutawatir as the first choice of reference when they want to formulate a fatwa. This is what makes them as Islamic school of thought. If there is any mazhab that don't prioritized the Quran and Sunnah Mutawatir as the first choice of reference, they are out of Islam.


Wallahu'alam