The Evolution Of Fiqh by Bilal Philips

This Madh-hab was founded by Muhammad ibn Jareer ibn Yazeed at-Tabaree who was born in the province of Tabaristan in the year 839 CE. He acquired a high degree of proficiency in the fields of Hadeeth, Fiqh, and history. As a travelling jurist, he studied the systems of Imaam Abu Haneefah, Imaam Maalik, Imaam ashShafi’ee and others. For the first ten years after his return from Egypt he strictly followed the Shaafi’ee Madh-hab. At the end of that period he founded a school of his own, whose followers called themselves Jareerites after his father’s name. But his Madh-hab and fell comparatively quickly into oblivion.

Ibn Jareer was most noted for his outstanding Tafseer of the Qur’aan which he called Jaami’al-Bayaan, but which became known as Tafseer at-Tabaree. Of equal importance and fame was his history of the world called Taareekh ar-Rusul wal-Mulook, commonly known as Taareekh at-Tabaree.152

1. The major Madh-habs were : the Hanafee Madh-hab, the Maalikee Madh-hab, the Shaafi’ee Madh-hab, the Hambalee Madh-hab, and the Zaydee Madh-hab. These survived largely because of state support and a body of outstanding first generation students.

2. The most important of the minor Madh-habs were: the Awzaa’ee Madh-hab, the Laythee Madh-hab, the Thawree Madh-hab, the DHaahiree Madh-hab and the Jareeree Madh-hab. These went out of existence either because of political factors or because their students failed to record the rulings of the founders for posterity.

3. The principal sources of Islamic law agreed upon by all the major Madh-habs were: the Qur’aan, the Sunnah, Ijmaa’ of the Sahaabah and Qiyaas.

4. All of the major Madh-habs set conditions for the acceptance of the Sunnah as a primary source of Islamic law:

(a) The Hanafee Madh-hab stipulated that the Hadeeth be widely known (Mash-hoor).

(b) The Maalikee Madh-hab required that the Hadeeth not contradict the Ijmaa’ of the Madeenites.

(c) The Shaafi’ee Madh-hab insisted that the Hadeeth be authentic (Saheeh)

(d) The Hambalee Madh-hab only required that the Hadeeth be attributed to the prophet (s.w.) and not fabricated. Thus, Hadeeths of doubtful authenticity were considered a part of the Sunnah.

5. The contoversial sources of Islamic were:

(a) Istihsaan and Ijmaa’ of scholars, held by the Hanafee Madhhab.

(b) Istislaah, Ijmaa’ of the Madeenites and their customs, held by the Maalikee Madh-hab.

(c) ‘Urf, held by both the Hanafee and Maalikee Madh-hab.

(d) Weak Hadeeth held by the Hambaleee Madh-hab.

(e) Aqwaal ‘Alee (rulings and statements of the fourth righteous caliph, ‘Alee), held by the Zaydee Madh-hab.