The Evolution Of Fiqh by Bilal Philips

Imaam Sufyaan ath-Thawree was born in Kufah in the year 719 CE, and after an extensive study of Hadeeth and Fiqh became the main Fiqh scholar of the Hadeeth school in Kufah. He held similar views to those of his contemporary, Abu Haneefah, however he opposed the latter’s use of Qiyaas and Istihsaan.

There occurred between Imaam Sufyaan and officials of the ‘Abbaasid state a series of confrontations due to his outspoken nature and his refusal to support state policies which contradicted the Sharee’ah. Caliph al-Mansoor (rule 759-744 CE) Sent a letter to Imaam ath-Thawree requesting him to accept the post of Qaadee of Kufah on condition that he not make any judgement or ruling in opposition to the state policy. On receipt of the letter, Sufyaan tore it up and threw it into the Tigris river in disgust, but, as a result, he was forced to give up his teaching and flee for his life. He remained in hiding until he died in the year 777 CE.

The two main factors are as follows:

(a) The Imaam spent the greater part of his life in hiding and thus was unable to attract a large number of students who might subsequently spread his opinions in the circles of learning.

(b) Although he did carry out some fairly extensive compilation of Hadeeths and their interpretations, he requested in his will that his main student, ‘Ammaar ibn Sayf, erase all his writings and burn whatever could not be erased. ‘Ammaar dutifully destroyed his teacher’s writings, but many of the Imaam’s ideas were recorded by students of other Imaas, so they have survived till today but not in an organized form.142