history of fiqh stage 1

7/28/2019 History of Fiqh Stage 1

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INTRODUCTION TO IQH

[RKFQ 2060]Part II

HISTORY OF ISLAMIC LAW


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MAJOR STAGES OF THE DEVELOPMENT OF FIQH

FOUNDATIONThe era of the Prophet s.a.w. (609-632CE)

ESTABLISHMENT

The era of the Khulafa al-Rashidin, from the death of the Prophet s.a.w. to themiddle of the seventh century (632-661CE)

BUILDINGThe founding of the Umayyad dynasty (661CE) until its decline in the middle of the8th century CE

FLOWERING

The rise of the Abbasid dynasty in the middle of the 8th century CE to thebeginning of its decline around the middle of the 10th century CE

CONSOLIDATIONFrom the decline of the Abbasid dynasty at about 960CE to the invasion of Baghdadby the Mongols in the middle of the 13th century CE

STAGNATION AND DECLINE

The sacking of Baghdad in 1258 CE to the present time.


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MAJOR STAGES OF THE DEVELOPMENT OF FIQH

Establishment Building Flowering Consolidation Stagnation &

Decline

The Era of the

Umayyad Dynasty

Practicesintroduced by the

Umayyad

Ijtihad

11AH 40AH 41AH -132AH

The era of the

Righteous Caliphs

Problem-solvingprocedures

Ijtihad of theCompanions

Difference of Viewsamong the Companions

The Abbasid Era

Golden periodof Fiqh

Positivedevelopments

The Abbasid Era II

Taqlid

Reasons for Taqlid

Contributions of

scholars

The Ottoman Era

Characteristics

Fiqh

literatature

Present state

of Islamic Law

132AH 350AH 350AH 656AH 656AH Present

Characteristics

Realistic Fiqh Issues

Procedures in deducing

hukm

Personal Opinion

Non existence of

Mazhab

Characteristics

Increase in Issues

Spreading and

Fabrication of Hadith

Emergence of schools

of Fiqh

Factors Effecting the

Development of Fiqh

Gov support

Competence Mujtahid

Expansion of the empire

Compilation of Sunnah

Compilation of Fiqh

Emergence of schools of

Fiqh

Characteristics

Prevailing trend of

taqlid

The codification of

Islamic Law

Western colonization

and Islamic Law

STAGE 3 STAGE 4 STAGE 5 STAGE 6STAGE 2

The beginning ofProphet hood

11AH

STAGE 1

Foundation

The era of Prophet

Muhammad p.b.u.h

Legislation inMakkah

Legislation in

Madinah

Focus of Legislation

Characteristics ofLegislation

Sources of Islamic

Law

Characteristics

Gradation in Legislation

Removal of Difficulty

Abrogation [al-Naskh]

Factors of Taqlid

The collapse of the

empire

The schools of Fiqh

False claim of Ijtihad

Following a single

mazhab


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THE FIRST STAGEFoundation or the Period of Revelation[The Era of the Prophet p.b.u.h 11AH]

Begins with the commencement of the Prophet

hood of Muhammad s.a.w. at around 609CE and

ends with the demise of the Prophet s.a.w. [Rabi

al-Awwal 11H]

Islamic law went through two phases of

development:

a. 1st phase when the Prophet s.a.w. was in

Makkahb. 2nd phase when he was in al-Madinah


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LEGISLATION IN MAKKAH

Most of the revelation focused on building the ideological foundation

of Islam

The central topics:

a. The principle of building the faith and

b. Inscribing good character and

c. Moral values.

This is essential in order to prepare the Muslims to face the existing

challenges in Makkah and the future challenges of putting Islam into

practice and defending this faith when they migrate to al-Madinah.

No focus on the legislation because the Muslims do not posses the

power to implement the Islamic rulings.


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LEGISLATION IN MAKKAHImportant Themes of Revelations in Makkah

The unity and existence of Allah

Life after death

Heaven and hell

Stories of previous peoples

Challenges to the pagan of Makkah

Moral values


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LEGISLATION IN MAKKAH [contd]

Enactment of few rulings [hukm]

The obligatory five prayers which was legislated during the

famous journey ofal-Isra wa al-Miraj.

Rulings related to purification such as wudhu and the

obligatory bath [al-Ghusl]

Prohibition of immoral practices which affect the building ofa good character such as the killing of female child,

sacrificing for the idols and eating of animals slaughtered for

other than Allah


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LEGISLATION IN MADINAH

The revelation in al-Madinah was primarily

concerned with :

a. The organization of the Muslim state

b. Social and economics laws of the Shariah

Revelations during this period also strengthened the

foundations of Iman and Tawhid, which were

established during the Makkan period


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LEGISLATION IN MADINAHPrimary Themes

Legal injunctions [al-ahkam al-amaliyyah]

including:

a. Fasting in the month ofRamadhan

b. Paying zakahc. Performing hajj [the last three pillars of Islam]

d. Prohibition of intoxicants, pork, gambling,

e. Punishments for adultery, murder and theft

f. The rulings governing family matters, inheritanceg. Transactions and etc.


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LEGISLATION IN MADINAHSecondary Themes

People of the Book [Ahl al-Kitab]

- Al-Madinah is a multi racial place [Muslims, Jews, Christians]

- A number of Madinan verses deal with questions which were

raised by the Jews and Christians in which some of the issues raisedby them intend to harm the reputation of the Prophet s.a.w. and

discredit Islam

- The verses also outlined laws concerning political alliances with

Christians and Jews, as well as laws permitting marriage with them

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LEGISLATION IN MADINAHSecondary Themes [Contd]

Jihad and rulings related to warfare

Makkan period: Muslims were not allowed to take up arms against

the enemy of Islam obviously because of their inability and

limitation in resources to do so.

Medinan period: After the numbers of Muslims has dramatically

increased and after possessing the means to defend Islam, the right

to fight against the enemy as well as the rules of war was revealed.

The rulings concerning the distribution of booty [al-Ghanimah],

POWs, reconciliation with the enemies and other related rulingswere revealed during this time

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The Munafiqs [Hypocrites]

When Islam starts to prosper in al-Madinah, there are some

who enter into the fold of Islam in order to gain personal

benefits and some embrace Islam to try to destroy it fromwithin because Muslims were strong and they could not

oppose them.

Therefore, some Madinan verses exposed their plots and

warned against them, while others laid the foundations for

the laws concerning apostates.


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Moral and Ethics related to social life.

In Makkah the key emphasis on moral aspect was on the

building of Islamic individual character

However, the main focus have shifted when the Prophet

s.a.w. migrated to al-Madinah where he wanted to build a

model of Islamic society.

Therefore, the Quran and Hadith of the Prophet emphasis on

the moral conduct related to social life.


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CHARACTERISTICS OF LEGISLATION

All legislations which made through the

revelations in this period have taken into

consideration the following three basic

principles:

1. Gradation in Legislation

2. The Removal of Difficulty

3. Naskh (Abrogation)


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CHARACTERISTIC

OF

LEGISLATION

GRADATION IN LEGISLATION NASKH [ABROGATION]REMOVAL OF DIFFICULTY

All injunctions are designed to facilitate mankinds individual and social

needs, therefore they are not meant to be a burden or create any

difficulties in implementing them.

Example:

The permission to break the fasting ofRamadhan due to sickness.

The permission to shorten and combine two prayers while traveling.

The consumption of prohibited substances (pork, alcohol) in cases of

dire necessity.


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The Quranic and Sunnahs legislation was revealed gradually during the period of 23 years.

Purpose of the gradation:

To facilitate the Muslims in learning and implementing the commandment of Allah and His

prophet p.b.u.h.

E.g. The legislation of Salah

In the early days of Makkah, salah was initially twice per day (morning & night). Shortly before

the migration to al-Madinah, 5 times daily salah was prescribed.


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The Quran may prescribe a law suitable to people at the time of its enactment, orit is to serve a particular limited purpose. Hever, its suitability may later disappearor its unique purposes may have been achieved. In such circumstances, the need

for the law ceases to exist and its validity comes to an end. Example:

The waiting period of women whose husband passed away was one year and hehas to make a bequest during his lifetime for her maintenance to be paid from hisproperty during this period [al-Baqarah: 240]

However, the above rulings has been replaced by another ruling which prescribedthe period of four months and ten days as the waiting period for such cases [al-Baqarah: 234]


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GRADATION IN LEGISLATION

The Quranic and Sunnahs legislation was revealed gradually

during the period of 23 years.

Purpose of the gradation:

To facilitate the Muslims in learning and implementing thecommandment of Allah and His prophet p.b.u.h.

E.g. The legislation of Salah

In the early days of Makkah, salah was initially twice per day

(morning & night). Shortly before the migration to al-

Madinah, 5 times daily salah was prescribed.


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THE REMOVAL OF DIFFICULTY

All injunctions are designed to facilitate mankindsindividual and social needs, therefore they are notmeant to be a burden or create any difficulties inimplementing them.

Example:

The permission to break the fasting ofRamadhan due to sickness.

The permission to shorten and combine two prayers while traveling.

The consumption of prohibited substances (pork, alcohol) in cases ofdire necessity.

Back


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NASKH[ABROGATION]

The Quran may prescribe a law suitable to people at the time of its

enactment, or it is to serve a particular limited purpose. Hever, its

suitability may later disappear or its unique purposes may have been

achieved. In such circumstances, the need for the law ceases to exist

and its validity comes to an end.

Example:

The waiting period of women whose husband passed away was one year and he

has to make a bequest during his lifetime for her maintenance to be paid from

his property during this period [al-Baqarah: 240]

However, the above rulings has been replaced by another ruling which

prescribed the period of four months and ten days as the waiting period for

such cases [al-Baqarah: 234]


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] [ And those of you who die and leave wives behind, (make) a bequest

in favor of their wives of maintenance for a year without turning

(them) out

[Al-Baqarah: 240]

] [ And (as for) those of you who die and leave wives behind, they

should keep themselves in waiting for four months and ten days

[Al-Baqarah: 234]

history of fiqh stage 1

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