history of fiqh stage 4

7/28/2019 History of Fiqh Stage 4

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History of Islamic Law

Fourth StageFlowering
http://localhost/var/www/apps/conversion/tmp/scratch_2/Major%20Stages%20of%20Development.ppt


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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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3

Introduction

Starts with the rise of the Abbasid Dynasty foundedby Caliph Abu Abbas (132-136H) and ended till themiddle of the fourth century ofHijrah.

The caliphs at this time actively supported Islamic

scholarship.

The emergence of several prominent scholars ofIslam.

This period witness the beginning ofFiqhtaking shapeas an independent Islamic science.


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4

Introduction [contd]

During this period Fiqhwas clearly divided into two sections:

a. Fundamental principles (Usul) and

b. Secondary principles of scientific, juristic works (Furu);

Various principles of Fiqhwere developed and the views of thescholars was compiled and codified.

Scholars in other field of Islamic sciences such as The Sciences ofal-Quran (Ulum al-Quran), The Sciences of Hadith (Ulum al-Hadith), linguistic also emerge during this period and developed

their respective discipline.

The Sunnah was also codified which assist the scholars todifferentiate between the authentic and unauthentic narrations


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5

Positive Developments

The caliphs at this time actively supported Islamic scholarship

The emergence of several prominent scholars of Islam, like the foundersof 4 madzhab:

a. Abu Hanifah [al-Numan ibn Thabit, 80-150H]

b. Al-Imam Malik ibn Anas [93-179H]

c. Al-Imam Muhammad ibn Idris al-Syafii [150-204H]

d. Ahmad ibn Hanbal [164-241H]

Fiqhbegin to emerge as an independent Islamic science.

Also the other field of Islamic sciences such as The Sciences ofal-Quran,The Sciences ofHadith, linguistic begin to emerge during this period anddeveloped as an independent discipline.

The codification of the sunnah


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6

Government Support towards the Development

ofFiqhand the Fuqaha

Emergence of Competence Mujtahidun and the

Spread of Debate and Discussion

Expansion of the Islamic Empire

Compilation ofSunnah

Compilation of Fiqh

Emergence of Different Schools of Islamic Law


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7

Government Support

The Abbasid Caliphs provide their support and

encouragement to the scholars and assist them in

developing the sciences of Islam includingFiqh

The Caliphs also have great respect for Islamic law

and its scholars and consulted the scholars in making

several decision.

Example I

Example II


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8

Emergence of Competence Mujtahidun

The emergence of prominent mujtahidun and thedevelopment of the different sciences of Islam.

In the area ofFiqhand Usul, the founders of the majorschools of Fiqh were the production in this period.

They include Imam Abu Hanifah al-Numan, ImamMalik, Imam, al-Shafii and Imam Ahmad ibn Hanbal.

They have developed their school ofFiqhduring thisperiod and was later further expanded with the effortof their students

Click


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9

Emergence of Mujtahidun [contd]

These prominent scholars have created the environment of

discussion and academic debate, which has significantlycontributed in the development ofFiqh.

Whenever scholars or their students met, they would exchangeviews and thoughts on various Islamic issues, which they

encountered in their particular areas.

They would try to debate the said issue until a commonconclusion was reached or various options were accepted.

Such of these debates and discussions among the scholars hasresulted in the clarification of certain important issues and the

weeding out of mistake rulings or judgments among scholars ofIslamic law. It has also contributed in decreasing the differencesof opinion among them.


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10

Emergence of Mujtahidun [contd]

Such discussions also contribute to the decreasing of rigidity ordogmatism on the part of scholars and their students.

That is, issues were objectively examined and conclusionsarrived at on the basis of the validity of the available proofs(dalil) that were presented.

In fact Imam Abu Hanifah and Imam Shafii were reported tohave said that if a Hadithwas known to be accurate, then thatshould be considered their mazhab.

The free exchange of ideas and willingness to change among ofthe founding fathers of the mazhabs clearly illustrates theabsence of that rigidity and fanaticism towards certain views,

which is contrast to the attitude of later scholars of the mazhabs.


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11

The Expansion of Islamic Empire

The expansion has resulted in the increase of the issues of

Fiqhneed to be resolve by the scholars. The vast differences in the culture and background as well as

the custom of the people in these regions under the IslamicEmpire have lead to the diversion in the nature of issues which

arises. Consequently, the scholars developed different method of

ijtihad in order to find solution in these issues based on thegeneral principles provided byal-Quranand Sunnah.

In addition, the attitude of the people who wanted to find andpractice the Islamic solutions towards the contemporary issueshas motivated the scholars to multiply their ijtihad in order toresolve the arising issues.


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12

The Expansion of Islamic Empire [contd]

This expansion has also resulted in the increasing in the

centers of learning particularly in the major cities in the IslamicEmpire.

Scholars and students will travel from one center to another insearch of further knowledge

Example:

Imam al-Shafii, journeyed first to Hijaz to study under ImamMalik, then to Iraq in order to study under Muhammad ibn al-Hasan, and finally to Egypt to study under Imam al-Layth ibn

Saad. Click

These journeys resulted in the reconciliation of some of themajor differences, which had arisen among scholars and in thecombination of some of the schools of Islamic legal thought.


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Most of the Sunnah of the Prophet s.a.w. was

compiled and classified during this period.

This effort which was undertaken by the

scholars of Hadith contributed significantly in

reducing the burden of proving the authenticity

of a particular Hadith among the fuqaha in

deducing the rulings ofFiqh.Click


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14

Compilation of Fiqh

Fiqhwas also compiled on a wide scale and in asystematic approach during this period.

Click


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Emergence of Different Schools of Islamic Law

The four well known mazhab of Islamic law namely the Hanafi,Maliki, Shafii and Hanbali schools were established during this stageof the development of Islamic law.

All the above factors has significantly contributed to theestablishment and development of these schools.

In fact, there are other schools of Islamic law, which was foundedduring this period; such as the school of al-Awzai, Sufyan al-Thawri,Ibn Abi Layla, Abi Thawr and al-Layth ibn Saad.

However, most of them disappeared later on as a result of the lack

of effort in spreading and codifying the views developed by thefounders of these schools


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Example I

Caliph al-Mansur [the 2nd Abbasid Caliphs, Abdullah

ibn Muhammad, 137-158H] consulted Imam Malik

(Malik ibn Anas 93-179H) about allowing him to make

his famous compilation on the Sunnahcalled al-Muwatta

as the state constitution, which would resulted in havingthe Mazhab of Imam Malik binding on all Muslims.

However, the Imam refused to this suggestion, since he

was aware of the limitations of his compilations in al-

Muwattawhich only comprises of those Hadithsof the

Prophet s.a.w. that were available in Hijaz where he

founded hisMazhab.


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Example II

In another example. Caliph Harun al-Rashid [Harun

ibn Muhammad al-Rashid,170H-193H] requested from

Imam Abu Yusuf, Yaqub ibn Ibrahim 113-182H [the

prominent s and famous student of Abu Hanifah] to

draft the law related to the administration of land and

the Imam wrote his famous book Kitab al-Kharajwhich was made the reference for the state.

The Caliph also appointed Imam Abu Yusuf to the post

of Chief Judge (qadhi al-qudhah) and he is responsible to

administer the appointment of judges and other related

matters in the Islamic Empire.


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AL-MADINAH

al-Imam Malik ibn Anas

[93-179H]

AL-MISR

Al-Imam Muhammad ibn Idris al-

Syafie [150 -204H]

AL-KUFAH

Al-Imam Abu Hanifah

al-Numan ibn Thabit

[80 -150 H)

BAGHDAD

al-Imam Ahmad ibn Hanbal

[164 - 241H]


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The Abbasid Empire


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[165-179H]

AL-MADINAH

[199-2004H]

AL-MISR

AL-MAKKAH

[151-165H]

[186-195H]

[197-198H]

[184-186H]

[195-197H]

[198-199H]

BAGHDAD

AL-YAMAN[179-184H]

GAZZA [150H]

C il i f S h


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TYPE OF COMPILATION

Revelation Umayyad Abbasid Abbasid II Abbasid III

In 99H Caliph Umar

ibn Abd al-Aziz has

instructed Abu Bakr

ibn Hazm to compile

the Hadith of the

Prophet p.b.u.h

The effort was not

completed as the

Caliph passed away

before it was

accomplised.

TIME ALLOCATION

STEPS OF THE COMPILATION

PROCESS

PROCESS ACTIVITIES AND

MILESTONES

The Sunnah was

written down during

the time of revelation.

It was further

recorded & narrated

throughout the period

of companions and

later stage of the

development of Fiqh

Further step was taken

to compile the Sunnah

Among the scholars who

embark on the

compilation are:

1. Ibn Jurayj of Makkah

2. Sufyan al-Thawri

3. al-Auzai of Sham

4. Malik ibn Anas

5. Ibn Mubarak of

Khurasan

6. Hammad ibn Salamah

During the end of the

2nd century of Hijrah,

another step has

marked the

development of

Sunnah.

All the six authentic

colllections of Hadith

were compiled during

this period:

1. Sahih Bukhari

2. Sahih Muslim

3. Sunan al-Nasai

4. Sunan Abu Daud

5. al-Jami al-Tirmizi

6. Sunan ibn Majah

From 132HThe end of 2nd

Century

3rd Century of Hijrah

No serious attempt to

compile the Hadith.

The narrations were

widespread and many

hadith are accessible to

the scholars and the

people in general

through the narrations

by the narrators.

The compilation

combines between

the saying of the

Prophet and the view

of scholars.

The compiler

recorded the sayings

of the Prophet, the

saying of the

companions and their

views on certain

issues with the

sayings of the tabiin.

The Sunnah was

codified w/out

incorporating them with

the sayings of scholars.

It was also compiled

according to the

narrators of the

particular Hadith

[Musnad]

Eg. Musnad Imam

Ahmad ibn Hanbal

During this period,

the concentration

was given to the

compilation of

Sunnah based on the

different topics of

Fiqh.

All the six authentic

collections of Hadith

mentioned above

followed this method

of compilation.

Phase 1 Phase 2 Phase 3 Phase 4 Phase 5

The beginning of

Prophet hood

11AH

41AH -132AH

C il i f Fi h


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Compilation of Fiqh

Revelation Righteous Caliphs &Umayyad

Abbasid

Similar trend was followed during

this period but no systematic

compilation until the second

century of Hijrah

TIME ALLOCATION

STEPS OF THE COMPILATION

PROCESS

PROCESS ACTIVITIES AND

MILESTONES

The compilation of Fiqh begin

during the time of the Prophet

p.b.u.h.

It is when he instructed some of

the companions to compile rulings

related to zakah and it was

distributed to his Governors in

order to implement them.

1. Scholars of different areas of Islamic empire started

collecting and compiling the views of the earlier scholars.

Al-Madinah: Abdullah ibn Umar, Aishah bint Abi Bakr,

Abdullah ibn Abbas & some of the tabiin

e.g.: The compilation of Imam Malik in his Muwatta

Al-Iraq: The opinions & views of Abdullah ibn Masud,Ali

ibn Abi Talib.

e.g.: The compilation of Ibrahim al-Nakhii

2. Some scholars personally compiled their own rulings,

while others compiled by their students.

e.g.: Legal verdicts of Abu Hanifah and Ahmad ibn Hanbal

3. Some books of Fiqh compiled the basic principles of

Fiqh and Hadith being mentioned as supports.

e.g.: Kitab al-Kharajby Abu Yusuf & al-Umm by al-Shafie

From 132H

No systematic and

comprehensive compilation was

made.

Fiqh rulings related to a particular

matter were compiled and were

sent to Governors as an

administration aids

Phase 1 Phase 2 Phase 3

The beginning of

Prophet hood

11H

11- 132H

No systematic and

comprehensive compilation was

made.

Fiqh rulings related to a particular

matter were compiled and were

sent to Governors as

administration aids

4. Other books of Fiqh concentrated on the application of

Fiqh principles with little reference to Hadiths. These

books were arranged according to the issues that being

discussed.

e.g.: al-Mudawwanah by Ibn Qasim

5. Usul al-Fiqh was also compiled during this period

e.g.: al-Risalah by al-Shafii


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COMPILATION OF

SUNNAH

EMERGENCE OF MUJTAHIDUN GOV SUPPORT

FACTORS OF THE DEVELOPMENT OF FIQH DURING THE GOLDEN PERIOD

Respect &Consultation

Support indevelopingthe sciences

of Islam

No dogmatism& fanaticism

AcademicDiscussion& Debate

TheFounders of4 mazhabs

Revelation Era

UmayyadEra

DEVELOPMENT

OF FIQH

EXPANSION OF

ISLAMIC EMPIRE

Increase ofFiqh Issues

Increase ofLearningCentre

Abbasid Era

COMPILATION OF

FIQH

Revelation Era

RighteousCaliphs Era

Abbasid Era

EMERGENCE OF

FIQH SCHOOLS

Four Schools ofFiqh

Other schoolof Fiqh

history of fiqh stage 4

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