Considering the Law of Those Before Us in the Formation of Rulings

The topic of this research is one of the evidences on which scholars of Islamic jurisprudence (Usul al-Fiqh) have differed regarding its authority and whether it can be used as a source for deriving rulings. This evidence is the law of those before us (Shari‘a of previous nations). The study clarifies that the intended meaning of “the law of those before us” refers to the rulings legislated by Allah Almighty for previous nations through their prophets who were sent to them.

These rulings transmitted to us from previous scriptures fall into four categories:

1. The first type: Rulings that are not mentioned in our law at all. There is no disagreement that these are not binding on us.
2. The second type: Rulings that appeared in our law but have been abrogated by evidence; these too are unanimously not binding on us.
3. The third type: Rulings that have been confirmed by evidence for us and are therefore binding and must be acted upon by consensus.
4. The fourth type: Rulings mentioned by Allah in the Quran or by His Prophet Muhammad (peace be upon him) without explicit negation or confirmation, and there is no evidence in our law that abrogates or removes them. This fourth category is where scholars have differed, resulting in two main opinions:
   • The first opinion holds that these rulings are binding on us and must be acted upon.
   • The second opinion argues that they are not binding and need not be followed.

The research concludes that the first opinion is stronger, provided the authenticity of these rulings is established, due to the strong evidences supporting this view.