The Evolution Of Fiqh by Bilal Philips

The full name of the scholar after whom this school of legal thought has been named was Muhammad ibn Idrees ash-Shaafi’ee.

He was born in the town Ghazzah on the Mediterranean coast of what was then known as Shaam in the year 796 CE, but travelled to Madeenah in his youth to study Fiqh and Hadeeth under Imaam Maalik. He succeeded in memorizing the whole of Maalik’s book, al-Muwatta’, and recited it to him from memory, word perfect.

Ash-Shaafi’ee remained under Maalik until the latter died in 801 CE. Then he went to Yemen and taught there. He remained there until he was accused of Shi’ite leanings in the year 805 CE and brought as a prisoner before the ‘Abbaasid Caliph, Haroon arRasheed (rule 786-809 CE) in Iraq. Fortunately, he was able to prove the correctnes of his beliefs and was subsequently released. AshShaafi’ee remained in Iraq and studied for a while under Imaam Muhammad ibn al-Hasan, the famous student of Abu Haneefah.

Later he traveled to Egypt in order to study under Imaam Muhammad ibn al-Hasan, the famous student of Abu Haneefah.

Later he travelled to Egypt in order to study under Imaam al-Layth, but by the time he reached there the Imaam had passed away.

However, he was able to study the Madh-hab of al-Layth from alLayth’s students. Ash-Shaafi’ee remained in Egypt until his death in the year 820 CE during the rule of the Caliph al-Mamoon (rule 813 - 832 CE). 143

Imaam ash-Shaafi’ee combined the Fiqh of Hijaaz (Maalikee thought) with that of Iraq, (Hanafee thought) and created a new Madh-hab which he dictated to his students in the form of a book called al-Hujjah (The Evidence). This dictation took place in Iraq in the year 810 CE and a number of his students memorised his book and narrated it to others. This book and period of his scholarship are usually referred to as al-Madh-hab al-Qadeem (the old school of thought) to differentiate it from the second period to his scholarship which occurred after he reached Egypt. In Egypt he absorbed the Fiqh of Imaam al-Layth ibn Sa’d and dictated al-Madh-hab alJadeed (the new school of thought) to his students in the form of another book which he named al-Umm (he Essence). Because of his exposure to a completely new set of Hadeeths and legal reasoning, in al-Madh-hab al-Jadeed, he reversed many of the legal positions which he had held while in Iraq. Imaam ash-Shafi’ee holds the distinction of being the first Imaam to systematize the fundamental principles of Fiqh which he recorded in his book called ar-Risaalah.

Ash-Shaafi’ee did not differ from the previously mentione Imaams, in their uncompromising stand in relation to the primacy of the Qur’aan among the sources of Islamic law. He frlied on it as heavily as those before him adding only the new insights which he gained from a deep study of its meaning.

Imaam ash-Shaafi’ee laid down only one condition for the acceptance of Hadeeths, namely that they be authentic (Saheeh).

He rejected all the other conditions set by Imaams Abu Haneefah and Maalik. He was also noted for his great contributions to the science of Hadeeth criticism.

Although ash-Shaari’ee had serious doubts about the possibility of the Ijmaa’ in a number of cases, he conceded that in the few cases where it was known to have occurred, it should be regarded as the third most important source of Islamic law.

Credence was given by Imaam ash-Shaafi’ee to the individual opinions of the Sahaabah on condition that they were not at variace with each other. If there were conflicting opinions among the Sahaabah on a legal point, he like Abu Haneefah, would choose whichever opinion was the closest to the source and leave the rest.

Qiyaas was, in the Imaam’s opinion, a valid method for deducing further laws from the previous sources. However, he placed it last in order of importance, considering his personal opinions inferior to proofs based on the opinions of the companions.

Both the principle Istihsaan used by Abu Haneefah and Istislaah used by Maalik were rejected by ash-Shaafi’ee and considered a form of Bid’ah (innovation), since, in his opinion, they were based nostly on human reasoning in areas where revealed laws already existed. However, in dealing with similar issues ashShaafi’ee was obliged to use a principle similar to Istihsaan and Istislaah which he called istis-haab.144 Istis-haab literally means seeking a link, but legally it refers to the process of deducing Fiqh laws by linking a later set of circumstances with an earlier set. It is based on the assumption that the Fiqh laws applicable to certain conditions remain valid so long as it is not certain that these conditions have altered. If, for example, on account of the long absence of someone, it is doubtful whether he is alive or dead, then by Istis-haab all rules must remain in force that would hold if one knew for certain that he was still alive.

The most important of Imaam ash-Shaafi’ee’s students who contunued to follow his school of thought were: al-Muzanee, arRabee’ and Yoosuf ibn Yahyaa.

Al-Muzanee’s full name was Imaa’eel ibn Yahyaa alMuzanee. He was the constant companion of Imaam ash-Shaafi’ee throughtout his stay in Egypt. Al-Muzanee was noted for writning a book which comprehensively gathered the Fiqh of ash-Shaafi’ee.

Later condensed under the title Mukhtasal al-Muzanee, it became the most widely read Fiqh book of the Shaafi’ee Madh-hab.

Ar-Rabee’ was noted as the main narrator of ash-Shaafi’ee’s book al-Umm. He wrote it down during Imaam ash-Shaafi’ee’s lifetime along with ar-Rasaalah and other books.

Yoosuf ibn Yahyaa succeeded ash-Shaafi’ee as the main teacher of the Madh-hab. He was imprisoned and tortured to death in Baghdad because he rejected the officially sanctioned Mu’tazilite philosophy on the creation of the Qur’aan.145

The majority of the followers of the Shaafi’ee Madh-hab are now to be found in Egypt, Southern Arabia, (Yemen, Hadramout), Sri Lanka, Indonesia, Malaysia, and East Africa (Kenya, Tanzania) and Surinam in South America.