The Evolution Of Fiqh by Bilal Philips

The same factors which led to Taqleed also caused scholars to confine their creative activity to merely editing and revising previous works. The Fiqh books of earlier scholars were condensed and abridgements of them were made. These abridgements were later shortened in order to make them easy to memorize, and many of them were actually put to rhyme. This process of condensing continued until the summaries, which resulted, became virtual ridles to the students of the day. The following generation of scholars began to write explanations of the summaries and poems. Later scholars wrote commentaries on the explanations and others added footnotes to the commentaries.

During this period some books on the fundamentals of Fiqh (Usool al-Fiqh) were written. In these works, the correct method of making Ijtihaad was outlined and the conditions which were laid down by these scholars were so strict that they excluded not only the scholars of their time but also many of the earlier scholars who had made Ijtihaad.

There were also a few books, which were written, on comparative Fiqh during this period. As in the previous period, the opinions of the Madh-habs and their proofs were collected and criticized in these books. The authors then defined as most accurate those opinions, which were held by their particular Madh-hab.

Toward the end of this period, an attempt was made to codify Islamic law under the auspices of the ottoman caliphs. A panel of seven top ranking scholars of Fiqh was formed and entrusted with the job. It was completed in 1876 CE and enforced as law by the Sultan throughout the Ottoman Empire under the title Majallah al-Ahkaam al-‘Aadilah (The Just Codes)189. However, even this seemingly noble attempt was affected by Madh-hab fanaticism.

All of the scholars on the committee were appointed from the Hanafee Madh-hab. Consequently, the resulting code totally ignored the contributions of the other Madh-habs to Fiqh.

With the expeditions of Columbus and Vasco de Gama, Western European states began to capture the routes and sources of international trade. Subsequently, European imperialism beginning with Java, which fell to the Dutch in 1684, absorbed Muslim East Asian states. After Transyvania and Hungary fell from ottoman hands to Austria in 1699 and the defeat of the Ottomans by Russia in the Russo-Turkish war of 1768-74, the European territories of the Ottoman Empire were soon lost, one after another.190 This process culminated in the total dissolution the Ottoman Empire during the First World War and its division into colonies and protectorates.

Consequently, European law codes replaced Islamic laws throughout the Muslim world.

Although European colonialism was officially ended some years ago, Islamic law has remained in disuse in all Muslim countries with the exception of Saudi Arabia which has codified Islamic law according to the Hambalee Madh-hab, Pakistan to a large degree according to the Hanafee Madh-hab and Iran which has recently done so according to the Ja’faree Madh-hab. 191