The Evolution Of Fiqh by Bilal Philips

During this segment of the ‘Abbaasid rule, a format for writing Fiqh books evolved. This format became a standard, which has remained in practice until today. The various issues were grouped under main headings and the main headings under chapters, each of which represented a major topic from Sharee’ah. Even thr door of the chapters became standardised. The authors would begin with the four pillars after Eemaan (faith), since Eemaan was dealt with in books of Islamic theology. After treating the laws and issues concerning Tahaarah (hygiene) and Salaah (prayer), Sawm (fasting), Zakaah (poor tax) and Hajj (pilgrimage), they would proceed on to Nikaah (marriage) and Talaaq (divorce), then Bay’ (business transactions) and then Aadaab (etiquette). In dealing with any of these issues, and author from any one Madh-hab would mention the different proofs used by all of the Madh-hab’s position, while refuting the arguments of the other Madh-habs.

1. The majority of the Madh-habs, which flourished during the earlier periods, disappeared and only four remained.

2. The Madh-habs reached their final form of systemization and organization.

3. Ijtihaad beyond the structure of the Madh-hab was dropped and Ijtihaad Madh-habee took its place.

4. Comparative Fiqh arose, but was used essentially to advance sectarian ideas.