Imami jurists and early works Considering different stances in relation to Juridical rules and principles, there are some parties in the schools of Principles. These schools try to apply analytical approaches in their methodology. There are somebodies such as Zorarah Ibn Aayon, Muhammad Ibn Moslem, Abu Basir and also Hisham Ibn Salem. Among these individuals, Hisham Ibn Salem and His Pupils had eminent roles in development of principles among Shia. In this period two problems are so important such as difference of hadith in one hand and the distinctions of Ijtihad or authority in other hand. There are two early scholars in principles of jurisprudence who were eminent including
Hisham ibn Hakam and Yunes Ibn Abd Al Rahman. Some scholars know Hisham ibn hakam and Hisham ibn Salem among the outstanding pupils of Imam Sadiq and Imam Kazim. they wrote important books in the field of principles of jurisprudence such as "Kitab Al Akhbar" and " Kayfa Taseh" or "How it is correct?"
Period of establishment It seems that the dominant current was the Adherents of Hadith during the fourth century of Lunar hijrah. They didn't any need to knowledge of principles and put it away. On the other hand, the relatives of Nobakhti begun a new movement in the sphere of theology and
kalam among Shia and Imamiyyah. Abu Sahl Nobakhti, the popular theologian of Shia schools, could present a new and complete theological system along with Shia characters. In fact, Abu Sahl Nobakhti concerned with the principles through the theological works such a way that he referred to some questions in the field of the principles. According to Madlung this approach of Abu Sahl Nobakhti and his theological system was along with defending of Imami creeds and theological beliefs. Maybe the most important Abu Sahl's essay in the principles is the essay of "Naqz Al Shafe'ei or the refusing the shafe'ei which is written against Shafe'ei and also counted as the first completed work in the principles among imamiyyah. Besides he wrote some books on the subjects of refusing Qyias in jurisprudence and ijtihad Al R'ay. Of course, there is no track from these works and they are lost. During the fourth century of Hijrah, already one trend is very dominant which is indeed on the basis of refusing of Qiyas and R'ay in jurisprudence. Also, there were many books concerned with these subjects among imami theologians. For example, Hasan ibn Mousa Nobakhti wrote a book by the name of "A book on the khabar Vahed and Amal". According to this work, there is no application for Qiyas and R'ay. Among the first Mutakalim Jurists in the fourth century is Ibn Abi Aqil Ammani as someone who possessed a school which his method was similar to Twelve Imams of Shia and somehow like the Mutazilite schools of thought.
Ibn Abi Aqil And his thought His complete name was Ibn Abi Aqil Ammani, and he came from the
Yemen. He was contemporary with Shaykh Koleini. Ibn Aqil counted as pioneer jurist in the principles. He could establish an approach on which his juridical methodology was dependent on Quranic rules and known traditions. He is the author of a legal work entitled
Mutamassak bi Habl Al Rasul, which was one of the most renowned legal sources during the 4th and 5thllOth and 11th centuries. He is the first one who arrange the knowledge of
fiqh and give consistency to it.
Ibn Jonayd Eskafi Ibn Jonayd Eskafi was one of the first and eminent Shia jurists during the fourth century lunar hijrah. He had different approach in understanding of Shia's traditions. He believed that there is a theological basis for interpretation of Hadith on which the Juridical tradition of Imams is not according to Saying but to Ray or opinion. He was an eminent religious scholar among elites. Also, Ibn Nadim knows him as great scholars among shia. One of his most important books in Fiqh is Tahzib Al Shia le Ahkam Al Shariah.
Period of development Needless to Usul becomes indispensable when Shia community far away from twelve periods. Also, appearance of new subjects intensifies this necessity. In development epoch we confronted with three eminent masters in the field of Usul and extending it namely
Shaykh Mufid,
Sharif Murtaza,
Sallar Deylami and
Shaykh Tusi.
Shaykh Mufid He was also called Ibn Muallim, meaning "son of the teacher"; Muallim was his father. Among his teachers were the
Shia theologian Abu Ali al-Iskafi, Abu Abdallah al-Marzubani, Abu Abdallah al-Basri, Abu al-Hassan, and Ali ibn Isa al-Rummani. Commonly known as the leader of the Shia, Al-Mufid is regarded as the most famous scholar of the
Buyid period and an eminent
jurist, According to Murtaza, the first of religious duty is the obligation to reason to knowledge of God. The other duties are dependent to this first duty. Al-Murtaza is along with the Mu'tazilite starting-point that man's first duty is to use his reason to arrive at knowledge of God. Also in Kalam proof of the existence of God, he defends from the atomist' stance in versus of Aristotelian notion of substantial change.
Shaykh Tusi He was born in Tus in
Iran in 995 AD/385. In 1018 AD/408 A.H. His life was along with the government of Buyid dynasty. He was born according to praying of twelfth imam of shia namely
Mahdi He learned significant level of Islamic sciences of that period in Tus in Khorasan. he left Tus to study in Baghdad. In 1055 AD/447 A.H
Tughril-bek entered Baghdad. there he could participate in the courses of Shykh Al-Mufid as paramount teacher. At this time many Muslim scholars in Baghdad, both Sunni and Shiʿite were killed. The house of al-Shaikh al-Tusi was burnt down, as were his books and the works he had written in Baghdad, together with important libraries of Shi'ite books. Al-Tusi went to al-Najaf after the fall of Baghdad. He died at Najaf on the 22nd of Muharram in the year 460 A.H/2 December 1067.in confliction between two schools of Ahbaris and usuli, Shaykh Tusi defended of Usuli school and calls akhbari as followers of literate or literalists. Shaykh Tusi believed in principles of jurisprudence as a fundamental knowledge in acquiring the judgments of Islam religion. he wrote in introduction of 'Al-Iddah' book as follow: " thus you may say, it is essential to attach the greatest importance to this branch of knowledge( namely Usul) because the whole of shariah is based on it and the knowledge of any aspect thereof is not complete without mastering the principles. Also he tries to compare different schools of law in Islam with each other and show there is a little divergence between them and they are near to each other and differences among them is in minor subject not major. Shaykh Tusi, like his Masters, refuted the legal analogy(Qiyyas Fiqhi) in his manual of usul Fiqh.
Period of flourishing This period begins from the end of sixth into middle of eighth lunar hijrah. Scholars have written many detailed books in the field of principles. They concerned with principles in detail and accuracy. Scholars such as Ibn Zohreh halabi, Sadid Al Din Hemsi, Najm Al Din Helli, Allameh Helli, Amid Al Din A'araji, Zia Al Din A'araji, Fakhr Al Mohaqeqin, Muhammad Ibn Makki known as first martyr, Shaykh Abdullah Soyouri, Zain Al DIn Ibn Nour Al Din Ali Ibn Ahmad known A Second Martyr, all of them lived in this period.
Ibn Zohreh Halabi His whole name is Ezz Al Din A l Makarem Sayyed Hamzeh Ibn Ali Ibn Zohreh. According To Moreza Mutahhari he learned Tusi's Nihayah under Ibn Hajib. nearly 20th book attributed to him. Diversity of them shows his all around. His eminent book in principle is
Qanyat Al Nozu fi Elmi Al Usul Va foru.
Allameh Helli Al-Hilli also known as the sage of Hilla, was born in the still existent town of
Al Hillah (in what is now
Iraq), commonly viewed as the
centre of Shia Islam when
Sunni leaders were in control over
Baghdad during his life. He also spent some time at the newly established
Maragheh observatory, where he studied
Avicennan philosophy and
mathematics under
Nasir al-Din al-Tusi, and was also introduced to the works of
Fakhr al-Din al-Razi. Later, he travelled to Baghdad and became acquainted with the doctrines of
Ibn Arabi. Al-Hilli's role in shaping Twelver
jurisprudence is of great importance. As well as several works and commentaries on
usul al-fiqh, he produced a voluminous legal corpus. Of this, two of the most important works are
al-Mukhtalaf (
The Disagreement) and
al-Muntaha (
The End).
Mukhtalaf is a legal manual devoted to addressing legal questions in which the Shia jurists hold differing opinions, whereas the
Muntaha is a systematic and detailed exposition of al-Hilli's own legal opinions. He also wrote a summarized legal manual, ''Qawa'id ul-Ahkam
, which was popular amongst later scholars, judging by the number of commentaries that would be written on it. Amongst his later legal works is Tadhkirat ul-Fuqaha
, which is a legal manual intended for use by lay persons. He also composed legal works on specific issues (for example, Hajj or Salat). (1334–1385) also known as Shahid Awwal (Arabic: الشهيد الأولash-Shahid al-Awwal'' "The First Martyr"), is the author of Al-Lum'ah ad-Dimashqiya (Arabic: الدمشقية اللمعة, The Damascene Glitter") and was a
Shi'a scholar. Although he is neither the first Muslim, nor the first Shi'te to die for his religion, he became known as "Shahid Awwal" because he was probably the first Shia scholar of such stature to have been killed in a brutal manner.When Mohammad bin Makki was 16 years old he went to study at al-
Hilla in Iraq. He returned home when he was 21. He used
taqiyya to establish himself as one of the religious scholars of Damascus, using Sunni law to judge Sunnis, while covertly judging the Shia using Shia law. Akhbārī ideology is that nothing but the aḥadīth of the Infallible can serve as authoritative evidence in Islam. Akhbārīs also differ from Usūlīs in their rejection of the
Guardianship of the Islamic Jurists, arguing that preachers of religion have no role in politics, clerics should advise political leaders but not govern themselves. Akhbaris believe in separation of religion and state in absence of Twelfth Imam, they say that only an infallible ruling Imam has a right to combine religion and state; and which will be accomplished only after the arrival of awaited Shia Imam.
Against akhbarism • According to the
Akhbari view, the only sources of law are the
Quran and the
Hadith, and any case not explicitly covered by one of these must be regarded as not having been provided for. • According to the majority
Usuli view, it is legitimate to seek general principles by induction, in order to provide for cases not expressly provided for. This process is known as
ijtihad, and the
intellect is recognised as a source of law. It differs from the Sunni
qiyas in that it does not simply extend existing laws on a test of factual resemblance: it is necessary to formulate a general principle that can be rationally supported. ==Contemporary periods==