Explanation of the website’s use of the terms

 

C             First Principles

C                Legislative Principles, and

C                Authority Principles. 

 

These terms are meant to be abstractions from, generalizations of, the content of the classical or traditional Islamic terms:

 

C             usul al-din

C             usul al-fiqh, and

C             usul al-hukm, respectively. 

 

Thus, under the heading of First Principles would belong issues discussed under the heading of usul al-din or issues analogous to them.  If a modern theorist declares that reason or intuition are ultimate sources of religious truth alongside the authenticated texts of the Qur’an and the Sunna, or if he asserts that the Qur’an and Sunna are not to be approached as literal texts but only as records of historical events, or if he offers a defense of the Shi¢i imamate, then to that extent we would say, for purposes of the website, that the theorist is addressing issues at the level of First Principles. 

 

Under Legislative Principles we consider issues raised classically under usul al-fiqh and issues analogous to them.  Under classical usul al-fiqh one learns what the relationship is between the sources of truth established in usul al-din, the Qur’an and the Sunna, on the one hand, and fiqh, or the science of how Muslims should behave, on the other hand.   In other words, usul al-fiqh tells Muslims how to develop their understanding of the divine law from revealed texts.  Accordingly under Legislative Principles we shall consider Muslim theories as to how the truths potentially available to human beings under the notion of usul al-din are to be brought to bear to develop or justify specific legal norms or legal rulings governing human behavior.  Included in the term for our purposes is analysis of the application of the theories laid down under this heading; i.e., it covers legal rulings in their theoretical or methodological aspect, not as to their content or substance.  Note also that we shall include under this heading Islamic public-law rules and practices (e.g., siyasa shar¢iyya) that permit rulings or judgments to be made by means other than strict usul al-fiqh rules.  Though not included traditionally under usul al-fiqh, they qualify as theories by which the divine law justifies actual rulings and judgments.

 

Lastly, Authority Principles include issues traditionally discussed under usul al-hukm (or al-ahkam al-sultaniyya) and all analogous issues of authority.  Here the question is, what instrumentalities (persons or institutions) actually carry out the tasks of developing rulings and judgments under the Legislative Principles and applying those rulings or judgments?   While in traditional usage usul al-hukm concerned the public or official authority of the imam or ruler and his subordinates, under Authority Principles we shall also address the authority of other legal actors, particularly the ulama and their institutions and offices, such as the legal school and the function of giving fatwas.

It should be noted that our approach under these headings is unconcerned about doctrinal correctness or conformity to classical positions.  Even if a theory has no traditional or classical justification, as long but is put forward by its proponent as Islamic we may consider it under these headings.  Also our approach is analytical and functional.  If legal actors consider their practice Islamic but do not offer any explicit theory to defend it, we may still detect by induction from the practice theoretical content deserving treatment under one or the other of the headings above.  Notice finally that our concern with theories and their classification is always with regard to their references, implications, and implementations in the mundane, not the transcendent or spiritual, realm. 

 

Overlaps between these types of Principles are common.  It is often a matter of judgment—depending often on careful analysis or interpretation of a theory—under which heading a particular theoretical tenet should fall. 

 

To sum up, we mean by these terms for purposes of the discussion the following:

 

First Principles:                                    theories identifying and justifying the mundane sources through

(analogous to                                       which divine truth is revealed or made known to human beings;

usul al-din)                                           since we are discussing Islamic phenomena, we assume that these will include at a minimum the Qur’an

 

Legislative Principles:                                theories identifying and justifying the mundane sources and

(analogous to                                       intellectual methods by which specific legal rules or judgments

Usul al-Fiqh)                                       governing human behavior are to be learned from the sources of divine truth identified under First Principles

                               

Authority Principles:                                identifying and justifying the mundane instrumentalities that are to

(analogous to                                       determine legal rules or judgments using the methods fixed by

Usul al-Hukm)                                     Legislative Principles and which apply those rules or judgments to human behavior