Professional Documents
Culture Documents
Sixth Stage
Stagnation
Introduction
Begins with the fall of Baghdad in the seventh century of Hijrah and extended to the present days. This period also include the rise of the Ottoman Empire (923H-1337H)
Founded in 1299 CE by the Turkish leader Uthman ibn Ortaghal Othman the First [1259-1326 C.E.], and declined under the attacks of European colonialism and ended in 3 March 1924.
It is when Caliph Abdul Mejid II of the Ottoman Empire is deposed. The last remnant of the Ottoman Empire gives way to the reformed Turkey of President Kemal Atatrk.
Despite that, there are some reformers who call for the exercising of ijtihad.
These scholars have put their effort to exercise ijtihad and try to reemphasis its important and they reject the idea of solely referring all matters of Islamic law to the four prominent mazhab.
Among these reformers [al-Mujaddid] are : Ahmad ibn Taimiyyah, Ahmad ibn Abd al-Halim ibn Taymiyyah [661-728H] Ibn Qayyim al-Jawziyyah, Muhammad ibn Abi Bakr [691-751H] Muhammad ibn Ali al-Shaukani [1173-1250H] Ahmad ibn 'Abdul-Rahim better known as Shah Wali Allah alDihlawi [1703-1762 CE] Jamal al-Din al-Afghani [1839-1897 CE] Muhammad Abduh [1849-1905 CE] Despite the effort by these scholars, they were not all together free from the criticism from others who oppose their idea and the inclination towards taqlid was still dominant among the scholars and the general public.
The famous code was called Majallah al-Ahkam al-Adliyyah (The Just Codes), which was drafted by a panel of seven top ranking scholars of Fiqh. The codification has turned legal rulings of Fiqh into legal code or legal text or Acts as existed in modern written law.
Legal rulings of Fiqh were arranged into parts, and parts into sections, and sections into articles, and articles into clauses. Qadhi will refer to the code in their verdict:
According to Sections five of Part 1 in Book 1 (Sales Contract), Article 190: The contracting parties, after making of the contract, can rescind (al-Iqalah) the contract of sale by consent (of both parties).