History of Islamic Law

Fourth Stage Flowering

MAJOR STAGES OF THE DEVELOPMENT OF FIQH

STAGE 1 STAGE 2 STAGE 3 STAGE 4 STAGE 5 STAGE 6

Foundation

Establishment

Building

Flowering

Consolidation

Stagnation & Decline

The Ottoman Era Characteristics Fiqh literatature

The era of Prophet Muhammad p.b.u.h Legislation in Makkah Legislation in Madinah Focus of Legislation Characteristics of Legislation Sources of Islamic Law The beginning of Prophet hood 11AH

The era of the Righteous Caliphs Problem-solving procedures Ijtihad of the Companions Difference of Views among the Companions

The Era of the Umayyad Dynasty Practices introduced by the Umayyad Ijtihad

The Abbasid Era Golden period of Fiqh Positive developments

The Abbasid Era II Taqlid Reasons for Taqlid Contributions of scholars

Present state of Islamic Law

11AH 40AH

41AH -132AH

132AH 350AH

350AH 656AH

656AH Present

Characteristics
Gradation in Legislation Removal of Difficulty

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

Factors of Taqlid
The collapse of the empire The schools of Fiqh False claim of Ijtihad Following a single mazhab

Characteristics
Prevailing trend of taqlid The codification of Islamic Law Western colonization and Islamic Law

Abrogation [al-Naskh]

Introduction
Starts with the rise of the Abbasid Dynasty founded by Caliph Abu Abbas (132-136H) and ended till the middle of the fourth century of Hijrah. The caliphs at this time actively supported Islamic scholarship. The emergence of several prominent scholars of Islam. This period witness the beginning of Fiqh taking shape as an independent Islamic science.

Introduction [contd]
During this period Fiqh was clearly divided into two sections:

a. Fundamental principles (Usul) and

b. Secondary principles of scientific, juristic works (Furu); Various principles of Fiqh were developed and the views of the scholars was compiled and codified. Scholars in other field of Islamic sciences such as The Sciences of al-Quran (Ulum al-Quran), The Sciences of Hadith (Ulum alHadith), linguistic also emerge during this period and developed their respective discipline. The Sunnah was also codified which assist the scholars to differentiate between the authentic and unauthentic narrations
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Positive Developments
The caliphs at this time actively supported Islamic scholarship The emergence of several prominent scholars of Islam, like the founders of 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]

Fiqh begin to emerge as an independent Islamic science. Also the other field of Islamic sciences such as The Sciences of al-Quran, The Sciences of Hadith, linguistic begin to emerge during this period and developed as an independent discipline.

The codification of the sunnah

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h
Government Support towards the Development of Fiqh and the Fuqaha Emergence of Competence Mujtahidun and the Spread of Debate and Discussion Expansion of the Islamic Empire Compilation of Sunnah Compilation of Fiqh

Emergence of Different Schools of Islamic Law

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Government Support
The Abbasid Caliphs provide their support and encouragement to the scholars and assist them in developing the sciences of Islam including Fiqh The Caliphs also have great respect for Islamic law and its scholars and consulted the scholars in making several decision.
Example I Example II

Emergence of Competence Mujtahidun

The emergence of prominent mujtahidun and the development of the different sciences of Islam. In the area of Fiqh and Usul, the founders of the major schools of Fiqh were the production in this period. They include Imam Abu Hanifah al-Numan, Imam Malik, Imam, al-Shafii and Imam Ahmad ibn Hanbal. They have developed their school of Fiqh during this period and was later further expanded with the effort of their students
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Emergence of Mujtahidun [contd]

These prominent scholars have created the environment of discussion and academic debate, which has significantly contributed in the development of Fiqh. Whenever scholars or their students met, they would exchange views and thoughts on various Islamic issues, which they encountered in their particular areas. They would try to debate the said issue until a common conclusion was reached or various options were accepted.

Such of these debates and discussions among the scholars has resulted in the clarification of certain important issues and the weeding out of mistake rulings or judgments among scholars of Islamic law. It has also contributed in decreasing the differences of opinion among them.
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Emergence of Mujtahidun [contd]

Such discussions also contribute to the decreasing of rigidity or dogmatism on the part of scholars and their students. That is, issues were objectively examined and conclusions arrived 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 to have said that if a Hadith was known to be accurate, then that should be considered their mazhab. The free exchange of ideas and willingness to change among of the founding fathers of the mazhabs clearly illustrates the absence of that rigidity and fanaticism towards certain views, which is contrast to the attitude of later scholars of the mazhabs.
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The Expansion of Islamic Empire

The expansion has resulted in the increase of the issues of Fiqh need 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 Islamic Empire 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 the general principles provided by al-Quran and Sunnah. In addition, the attitude of the people who wanted to find and practice the Islamic solutions towards the contemporary issues has motivated the scholars to multiply their ijtihad in order to resolve the arising issues.
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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 Islamic Empire. Scholars and students will travel from one center to another in search of further knowledge

Example:
Imam al-Shafii, journeyed first to Hijaz to study under Imam Malik, then to Iraq in order to study under Muhammad ibn alHasan, and finally to Egypt to study under Imam al-Layth ibn Saad. Click These journeys resulted in the reconciliation of some of the major differences, which had arisen among scholars and in the combination of some of the schools of Islamic legal thought.
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Compilation of Sunnah
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 of Fiqh.
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Compilation of Fiqh
Fiqh was also compiled on a wide scale and in a systematic approach during this period.
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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 stage of the development of Islamic law.
All the above factors has significantly contributed to the establishment and development of these schools. In fact, there are other schools of Islamic law, which was founded during 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 the founders 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 Sunnah called al-Muwatta as the state constitution, which would resulted in having the 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 alMuwatta which only comprises of those Hadiths of the Prophet s.a.w. that were available in Hijaz where he founded his Mazhab.
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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-Kharaj which 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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BAGHDAD al-Imam Ahmad ibn Hanbal [164 - 241H]

AL-KUFAH Al-Imam Abu Hanifah al-Numan ibn Thabit [80 -150 H)

AL-MADINAH al-Imam Malik ibn Anas [93-179H]

AL-MISR Al-Imam Muhammad ibn Idris alSyafie [150 -204H] 18

The Abbasid Empire

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[184-186H] [195-197H] [198-199H] BAGHDAD

GAZZA [150H]
[199-2004H] AL-MISR [165-179H] AL-MADINAH

AL-MAKKAH [151-165H] [186-195H] [197-198H]

AL-YAMAN [179-184H]

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Compilation of Sunnah
Phase 1 STEPS OF THE COMPILATION PROCESS
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.

Phase 2

Phase 3

Phase 4

Phase 5

Revelation

Umayyad

Abbasid

Abbasid II

Abbasid III

PROCESS ACTIVITIES AND MILESTONES

The Sunnah was written down during the time of revelation.

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

It was further recorded & narrated throughout the period of companions and later stage of the development of Fiqh

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

TIME ALLOCATION

The beginning of Prophet hood 11AH

41AH -132AH

From 132H

The end of 2nd Century

3rd Century of Hijrah

TYPE OF COMPILATION

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.

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Compilation of Fiqh
Phase 1 STEPS OF THE COMPILATION PROCESS Phase 2 Phase 3

Revelation

Righteous Caliphs & Umayyad

Similar trend was followed during this period but no systematic compilation until the second century of Hijrah

Abbasid

PROCESS ACTIVITIES AND MILESTONES

The compilation of Fiqh begin during the time of the Prophet p.b.u.h.

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-Kharaj by Abu Yusuf & al-Umm by al-Shafie

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.

TIME ALLOCATION

The beginning of Prophet hood 11H

11- 132H

From 132H

No systematic and comprehensive compilation was made.

No systematic and comprehensive compilation was made.

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

Fiqh rulings related to a particular matter were compiled and were sent to Governors as an administration aids

Fiqh rulings related to a particular matter were compiled and were sent to Governors as administration aids

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FACTORS OF THE DEVELOPMENT OF FIQH DURING THE GOLDEN PERIOD

EXPANSION OF ISLAMIC EMPIRE

EMERGENCE OF MUJTAHIDUN The Founders of 4 mazhabs Academic Discussion & Debate No dogmatism & fanaticism

GOV SUPPORT

Increase of Fiqh Issues Increase of Learning Centre

Support in developing the sciences of Islam Respect & Consultation

DEVELOPMENT OF FIQH
Four Schools of Fiqh Other school of Fiqh

Revelation Era

Revelation Era

Righteous Caliphs Era

Umayyad Era

Abbasid Era EMERGENCE OF FIQH SCHOOLS COMPILATION OF FIQH

Abbasid Era COMPILATION OF SUNNAH