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Usuliyya ("Jurisprudents")

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Usuliyya ( USUL AL-HADITH — USULIYYA 935 Bibliography: 1. General accounts. Ibn from doubt and ikhtilaf [q.v.]. Genuine cilm derived Khaldun, Mukaddima, ii, 395-406, tr. Rosenthal, ii, from recourse to the Kur'an, the tawdtur (the tradi- 447-63; Ibn Hadjar al-cAskalam, al-Madj.mac al- tions of the Imams widely transmitted in succeeding mu'assas bi 'l-Mucjam al-mufahras, ed. Yusuf cAbd al- generations), and Twelver idj.mdc [q.v.]. Accepting the Rahman al-Marcashli, 4 vols., Beirut 1413-157 Imam's return as indefinitely postponed, however, these 1992-4, i, 185-6; idem, Mizhat al-na^ar, 3-6; Tashku- scholars evolved distinctive doctrines and practices for brfzada, Miftah al-sddda wa-misbdh al-siyddafi mawducdt use over the longer term. In the process they incor- al-culum, ed. Kamil Kamil Bakr and cAbd al-Wahhab porated elements of their opponents' jurisprudential Abu '1-Nur, 4 vols., Cairo 1968, ii, 60-2,128-49, methodologies, including recourse to cakl (rational 377-80; Hadjdjr Khalifa, i, 109, 635-41, 730; W. knowledge) as a source of cilm. Marcais, Le Taqrib de en-Nawawi, Paris 1902, pp. i- Al-TusI, for example, specified that the mufti (the xxxiv; Kattanf, al-Risdla al-mustatrafa li-baydn mashhur giver of a fatwd [q.v]) was to be conversant with the kutub al-sunna al-musharrafa, :5Damascus 1383/1964, Kur'an, the sunna, and the Imams' traditions. Although 142-3, 214-19; Fu'ad Sayyid, Fihnst al-makhtutdt: he rejected i^tihad, given its Sunn! associations, he mustalah al-hadith, Cairo 1375/1956; L. Librande, required application of the Sunn! exegetical principles Contrasts in the two earliest manuals of culum al-hadfth, of jurisprudence to the revelation and the mastery of Ph.D. thesis, McGill Univ., Montreal 1976. Arabic. In his writings on usul al-fikh (principles of 2. Representative works (excluding those al- jurisprudence), hadlth, and fikh \q.w^\, al-Tusfs argu- ready mentioned). al-Hakim al-NaysaburT, al-Madkhal ments for and his application of rationalist analyses ild ma'rifat al-Iklil, ed. and tr. J. Robson, London advanced the importance of deductive jurisprudence 1953; Mayyanishf, Ma Idyasacu al-muhaddith dj,ahluhu, and its practitioners. Competence in rationalist juris- ed. Subhf al-Samarra'f, Baghdad 1967, tr. L. Lib- prudence presupposed the division of the community rande, in MW, Ixxii (1982), 34-50; Nawawl, al- between jurist and layman, and the latter's regard for Takrib wa 'l-tqysir li-macrifat sunan al-Bashir al-Nadhlr the rulings produced by the former. The Buwayhid- (published in numerous editions); Ibn al-Naft~s, al- period Twelver rationalists made provision for such a Mukhtasar fi cilm usul al-hadith, ed. and tr. Hasan distinction, even if they did not agree on the degree Amarat, Hildesheim 1986; Ibn Daklk al-cld, al- of the lay believer's taklid to the mudj_tahid. Iktirdhfl baydn al-istildh, ed. Kahtan cAbd al-Rahman These Imam! scholars also promoted the role of al-Durl, Baghdad 1402/1982; Ibn Djama'a, al- the practitioners of rationalist jurisprudence in the Manhal al-rawi fi mukhtasar culum al-hadith al-nabawi, community's practical affairs. Al-Tusi ruled that attend- ed. Kamal Yusuf al-Hut, Beirut 1410/1990; Ibn ance at Friday congregational prayer was mandatory KathTr, al-Bdhith al-hathith ild ma'rifat culum al-hadith, in the presence of the Imam or his appointee—usually ed. Ahmad Muhammad Shakir, Cairo 1355/1936; a reference to Imam! sufard' (sing, sqfir, representa- 'Iraki, al-Takyld wa 'l-iddh ft mustalah al-hadlth, ed. tive)—endowed the fakih with the authority of that cAbd al-Rahman Muhammad cUthman, Cairo appointee to lead these prayers, and required the 1389/1969; Ibn Hadjar, al-Nukat cald Kitdb Ibn al- prayer leader to possess cakl and ability in fikh. Al- Saldh, ed. Rablc b. Had! cUmayr, 2 vols., 2Riyad TusI required the delivery of zakat to the fukahd\ 1408/1988. (E. DICKINSON) argued that the Imam had appointed the fukahd) to USULIYYA (A.), lit. "those who go back to undertake the kado? [q.v] and the hudud (legal pun- first principles", from usul, sing, asl "root, basic ishments [q.v.] during the occultation, and denoted principle" or, considered as a modern abstract noun those permitted to exercise kado? as those schooled in formation, "the doctrine of going back to first rationalist jurisprudence. principles". The Buwayhid-period rationalists also permitted an 1. In the legal parlance of classical Islam active relationship between the fukaho? and the estab- More specifically, the term usuliyya is applied within lished, non-Twelver political institution, albeit in the the Twelver Shlcl tradition [see ITHNA CASHARIYYA] to interests of spreading the faith and protecting the those of its adherents commonly identified as support- faithful. ing application of the rationalist principles of jurispru- Later rationalist scholars further promoted both dence—especially idj_tihdd [q.v.] to the revelation accepted rationalist jurisprudence and the authority of the fakih by the Twelvers to interpret doctrine and practice in matters of doctrine and practice. Al-Muhakkik al- during the occultation (ghayba [q.v.]) of the Imam (be- Hilll (d. 676/1277 [see AL-HILL! (2)] admitted'that ginning in 260/873-4) and the division of the com- Twelver scholars had been practicing idj_tihdd "most munity into mudj_tahid$ and mukallids. The term Usuli often based on theoretical considerations not deduced does not appear to have been used until the 6th/12th from the literal meaning of the texts" (Madelung, century, and then in conjunction with continuous resist- Authority, 168; Calder, Doubt, 66-7). His student al- ance by the Akhbaris or Akhbariyya [q.v.] to the incur- cAllama al-Hillf (d. 726/1325 [see AL-HILL! (1)]) for- sions of rationalism into Twelver jurisprudence. mally adopted idj_tihdd in certain areas of the law (a The school's origins lay in the Buwayhid period, restriction described as tadj.^a "specialisation"). Both when the community came under attack from other elaborated on the skills required of the fakih. According Shi'r and Sunn! groups, especially the Mu'tazila. The to al-cAllama, shard'it al-i^tihdd (the qualifications for latter's attack on the Twelver dependence on revelation exercising i^tihdd) included mastery of Arabic, knowl- struck at the essence of the faith, since the doctrine of edge of idj_mdc, mastery of the Imams' traditions, pro- the Imamate [see IMAMA] hinged on acceptance of the ficiency in the dald'il cakliyya (the intellectual proofs), Imams' revelation as the source of definitive cilm [q.v]. and expertise in the relevant exegetical terms. The Such Imarms as al-Shaykh al-Mufid Muhammad b. cdmmi (the unqualified lay believer) was not to prac- Muhammad al-Nucman (d. 413/1022), his student tice taklid in relation to usul al-dm, but in the furuc al-Sharff al-Murtada cAli b. Husayn cAlam al-Huda (lit. "the branches", i.e. practical norms of the law) (d. 436/1044), and al-Shaykh al-TusI, Muhammad b. he was to exercise taklid in relation to a hukm or deci- Hasan (d. 460/1067), later known'as Shaykh al-Ta'ifa, sion reached by application of these skills. Al-cAllama responded that the SunnI rationalists' recourse to kiyds specified that neglect of such a decision constituted a (analogy) [q.v] and idj_tihdd did not produce cilm free sin, while the muditahid who reached an "erroneous" 936 USULIYYA decision having exercised these abilities in good faith that in matters of the usul al-din, taklid was "safer". was to be forgiven. Usulfs of the Safawid period generally agreed that Both granted the fakih a pivotal role in the com- the lay believer was free to chose his own mudjtahid, munity's daily affairs, understanding him as the Imam's based on personal assessment of the abilities of par- designated deputy in these areas. The fakih who had ticular scholars. They disagreed over the division attained the shard3it was to undertake kadd3 and had between "specialised" or "partial" iajtihdd and iajtihdd a role in the processes relating to the zakdt. Al-cAllama mutlak (absolute, or general iajtihad). Hasan b. al- permitted al-fakih al-ajdmic li 3l-shard3it ("the fakih who Shahrd al-Thanf argued against "partial" iajtihdd and has attained the qualifications"), one of the earliest for the authority of al-muajtahid al-mutlak. Shaykh Baha'f uses of this reference, to implement the hudud; he also endorsed such a division, as did Muhammad Bakir required the Friday prayer leader to possess the shard'it. al-Sabzawarf (d. 1090/1679). Al-Samahidjf's reference Al-Shahrd al-Awwal (d. 786/1384 [see MUHAMMAD B. to "partial" and "absolute" practitioners of iajtihdd sug- MAKKI]) echoed this definition of the shard3it, ruled gests that by the late llth/17th century, this division that al-fakih al-ajdmic li 'I-shard3it was to undertake was very nearly formalised. kadd3, and supported the concept of "specialised" The institutionalisation of this distinction facilitated iajtihdd. All permitted a wide degree of interaction the triumph of the Usulf school over the Akhbarfs between the fakih and the political institution. at the hands of such scholars as Muhammad Bakir Immediately following the Safawids' [q.v.] estab- al-Bihbihanf (d. 1205/1791), known as al-Wahid, and lishment of Twelver Shf cism in Persia, such Usulfs as the further differentiation of a clerical hierarchy by CAM al-Karakl (d. 940/1534) and al-Shahrd al-Thanf Muhammad Hasan al-Nadjaff (d. 1266/1850) and, (d. 965/1557 [q.v.]) elaborated the concept of niydba especially, Murtada al-Ansari (d. 1281/1864). Their cdmma (general deputyship to the Imam) and identi- contributions allowed for the evolution of such con- fied al-fakih al-aj_dmic li 'l-shard3it as nd3ib cdmm (general cepts as that of marajac-i taklid (the source of emula- deputy), who was delegated authority over the prac- tion [</.£.]), the rankings of huajajat al-isldm and dyatulldh tical areas of the community's life.
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