The Evolution Of Fiqh by Bilal Philips

The Umayyads were in power for approximately one century, extending from the death of the last of the Righteous Caliphs (‘Alee ibn Abee Taalib) in 661 CE and the ascendancy of the founder of the Umayyad dynasty, Caliph Mu’aawiyah ibn Abee Sufyaan, until the last of the Umayyad caliphs around the middle of the eighth century CE.

The period was marked by great social unrest; the Ummah divided into various sects and factions; the caliphate was converted into a kingship; many new practices were introduced, some of which were Haraam; the scholars refused to sit in the audiences of the caliphs and in fact fled to outlying areas to avoid conflict and confusion.99

So far as Islamic Law and the evolution of Madh-habs are concerned, this period is noteworthy for three main trends. In the first place, there was a notable increase in the number of Ijtihaads given by scholars, since Ijmaa’ became more and more difficult following the dispersal of scholars to outlying areas of the caliphate.

Secondly, the narrations of Hadeeth became widespread and there was an increasing tendency towards fabrication of Hadeeth. Finally, the period marked the first attempts at compilation of Fiqh, which was aimed at preserving the Ijtihaads of the Sahaabah. It was in this period too that scholars of Islamic Law first divided into fairly clearcut schools of thought, establishing various Madh-habs which in later periods were reduced to four major ones.