The Two Major Schools in ʿUṣūl al-Fiqh (أُصُولُ الفِقْه)

In this video, we explore the two principal schools of ʿUṣūl al-Fiqh — the foundational science of Islamic legal theory:

1. The School of the Mutakallimūn (المُتَكَلِّمُون) – The Theologians

2. The School of the Fuqahāʾ (الفُقَهَاء) – The Jurists

These two schools represent distinct intellectual approaches that have shaped Islamic jurisprudence (Fiqh) for centuries.

1. The Mutakallimūn School: The Theological Approach

We begin with the Mutakallimūn, whose methodology was deeply influenced by theological reasoning. This school was developed by Islamic theologians from groups such as the Muʿtazilah (المُعْتَزِلَة), Ashʿarīs (الأَشَاعِرَة), and other theological traditions within Kalām (كَلَام) — Islamic scholastic theology.

• This approach emphasizes rational deduction and logical analysis, drawing from both textual sources (the Qur’ān and Sunnah) and abstract theological principles.

• The Mutakallimūn focused primarily on establishing the theoretical foundations of ʿUṣūl al-Fiqh, while leaving the derivation of specific legal rulings (furūʿ – فُرُوع) to later jurists.

Prominent scholars in this tradition include:

• Al-Bāqillānī (الباقلاني)

• ʿAbd al-Jabbār (عبد الجبار)

• Al-Juwaynī (الجويني)

• Al-Ghazālī (الغزالي)

These scholars authored foundational texts that clarified core principles and methodologies, shaping the theoretical underpinnings of Islamic legal theory. Their method differs from that of the Ḥanafī school, which tends to derive legal theory more directly from practical rulings.

2. The Fuqahāʾ School: The Juristic and Practical Approach

The second school is represented by the Fuqahāʾ — the jurists — who took a more pragmatic and applied approach to ʿUṣūl al-Fiqh.

• The Ḥanafī school, in particular, is known for developing its legal theory by analyzing and systematizing existing legal rulings (furūʿ) issued by early authorities like Abū Ḥanīfah (أبو حنيفة) and his students.

• Unlike the Mutakallimūn, whose focus is on abstract theoretical coherence, the Fuqahāʾ emphasize consistency between legal theory and practical application.

This school’s methodology reflects a bottom-up approach, where ʿUṣūl is derived and refined in light of established jurisprudential practice.

Later Contributions and Integration

The development of ʿUṣūl al-Fiqh continued over time, with scholars from both traditions refining and integrating earlier ideas. Two influential figures in this regard include:

• Fakhr al-Dīn al-Rāzī (فخر الدين الرازي) – who brought philosophical sophistication to the Mutakallimūn framework.

• Al-Sayyid al-Āmidī (السيد الآمدي) – who also helped codify the science of ʿUṣūl al-Fiqh in a more structured and systematic way.