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Understanding Usul Al-Fiqh5 min readViewed 3 times

9.3 Era of the Tabi‟een


When Umar (ra) became the Khaleefah, if anyone from the Sahabah (ra) wanted to migrate to the newly liberated lands, he would have to take the permission of Umar (ra). Upon the request, Umar (ra) would grant a leave for a specified number of months on the condition that they would return.

When Uthman (ra) became the Khaleefah, he allowed the Sahabah (ra) to disperse. The Sahabah (ra) began leaving Madinah, heading out to regions such as North Africa, Sham, Kabul, and even Peking, while others went back to Makkah. For instance, Ibn Mas‟ood (ra) went to Kufah, Abdur-Rahman bin Awf (ra) reached Peking, while Abdullah bin Umar (ra) stayed in Madinah. However, for the most part, the two main groups of Sahabah (ra) were either in Kufah or Madinah.

Those whom we call the Tabi‟een were the followers and companions of a specific Sahabi. For example, Sa‟eed ibnu Musayeb, Nafi‟, and Salem ibn Abdullah bin Umar are well known Tabi‟een who followed Abdullah bin Umar (ra). Most of the Tabi‟een were not Arabs so they learned the Arabic language, and in some cases they learned the language better than the Arabs themselves, and became major contributors to Fiqh.

9.3.1 Ahlel Hadith & Ahlul Ra‟ee

During the days of the Tabi‟een, two major methodologies of understanding the text arose:

a) Ahlel-Hadith (The People of Hadith) in Madinah.

b) Ahlel-Ra‟ee (The People of Reason) in Kufah.

Those who followed Ahlel-Hadith (The People of Hadith) had more Hadith at their disposal and relied on the Hadith more than on Qiyas, while Ahlel-Ra‟ee (The People of Ra‟ee) relied more on Qiyas and the meanings behind the text, but did not at all neglect the Hadith. Another difference between the two schools is that the Ra‟ee (reasoning) in the School of Ra‟ee was based on Qiyas while in Madinah Ra‟ee was based more on an elaboration of the text itself.

9.3.2 Ahlel-Hadith (The People of Hadith)

Among the Tabi‟een in Madinah were Sa‟eed ibnu Musayeb, Zuhri, Yahya, and Rabiah-ar-Ra‟ie, „Urwa, Abu Bakr bin „Ubaid bin Harith, Qasim bin Muhammad bin Abu Bakr, „Ubaidullah, Sulayman bin Yassar, Khaija bin Zayd bin Thabit. They took their Fiqh from Abdullah bin Umar (ra). Sa‟eed ibnu Musayeb was known as Al-Jareei (The Outspoken) or the on who has guts to make Ijtihad, while Rabiah was called Ar-Ra‟ie because of his common practice of making Ijtihad.

The populace in Madinah had lived with the Prophet (saw) and took his (saw) actions and sayings in a more practical manner. Thus, Ahlel Hadith (People of the Book) emerged in Madinah.

There is also a misconception that Ahlel-Hadith (The People of Hadith) used to only adhere to the Hadith without performing Ijtihad whatsoever. This claim is false. For example, Imam Malik bin Anas, who emerged from the School of Madinah, used to do Ijtihad according to Maslahah Mursalah even more than Abu Hanifah, who emerged from the School of Kufah.

9.3.3 Ahlel-Ra‟ee (The People of Reason)

Among the Tabi‟een in Kufah were Ash-Sha‟bee, Hasan al-Basri, and Ibraheem an-Nakha‟ee, Hammaad, Alqamah bin Qais, Masjood bin Ajdah. These Tabi‟een took their Fiqh from Ali bin Abi Talib (ra) and Abdullah bin Mas‟ood (ra). Some of the Tabi‟een such as Ash-Sha‟bee was considered Muhaditheen (Scholars of Hadith).

The populace in Kufah (Iraq) was experiencing many problems such as the fabrication of Hadith, political turmoil, etc., and the scholars were very careful in collecting Hadith due to the possibility of fabrication. Due to these problems, they often used reasoning. Reasoning (Ra‟ee) here implies opinion derived from different understandings of the text. Thus, they came to be known as Ahlel Ra‟ee (People of the Reasoning).

The word Ra‟ee linguistically means: opinion. Therefore some people think that the term Ahlel-Ra‟ee (The People of Ra‟ee) means the people who present their opinion. This is a misconception, to anyone who believes that their opinion was based on their desires. The opinion presented by Ahlel-Ra‟ee was through their Ijtihad, which was based on the legislative evidences, i.e. Qur‟an and Sunnah.

The Prophet (saw) said:

“Allah does not remove the „Ilm after it was given to you, rather the „Ilm would be removed with the death of the „Ulema. Then some people, who are ignorant, will start giving their Ra‟ee based on their desires and they are misled and will lead the Ummah astray.” (Bukhari & Ahmad)

Awf b. Malik al-Ashja'i narrated that the Messenger of Allah (saw) said:

“My Ummah will become divided into some seventy sects, the greatest will be the test of the people who make analogy to the deen with their own opinions, with it forbidding what Allah has permitted and permitting what Allah has forbidden.”39

The Prophet (saw) said: “Whoever speaks about the Qur'an without knowledge, then let him prepare for himself his seat in the fire.” (Tirmizi, Ahmad, An-Nisai & Ibn Jarir)

These Ahadith are clearly referring to the person who adopts opinions or gives Fatwa based on his „Aql without any evidence from the Shari‟ah, Ahlel-Ra‟ee on the other hand, were those who exerted their utmost effort in scanning the Islamic texts, and then issued an opinion. This process is called Ijtihad as discussed earlier.

Some people say that Ahlel-Ra‟ee did not utilise Hadith in issuing their opinions. This claim is false. People like Ash-Sha‟bee were recognised Muhaditheen while being from Kufah and from Ahlel-Ra‟ee.

The main difference between them was that the People of Ra‟ee practiced more Qiyas and Istihsan and they went deeper into the text to extract more rulings than the People of Hadith. These two main schools influenced many other schools of thought.

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Chapters (80)
  1. 1Introduction to this edition
  2. 2Introduction
  3. 31. Basic Terms In Islamic Jurisprudence
  4. 41.1 Fiqh
  5. 51.2 Usul Al-fiqh
  6. 61.3 Shari‟ah
  7. 71.4 Hukm Shara‟i
  8. 81.5 Types Of Hukm Shara‟i
  9. 91.6 The Application Of Shar‟iah
  10. 102. Daleel
  11. 112.1 Structure of Daleel
  12. 123. Qur‟an
  13. 133.1 Revelation of the Qur‟an
  14. 143.2 Arrangement of the Qur‟an
  15. 153.3 Compilation of the Qur‟an
  16. 163.4 Open & Hidden meaning?
  17. 173.5 The Muhkamaat (clearcut) and Mutashaabihaat (ambiguous)
  18. 183.6 Asbaab An-nuzool (circumstances Of Revelation)
  19. 193.7 Abrogation (Naskh)
  20. 204. Sunnah
  21. 214.1 The Sunnah Is A Definitive Source
  22. 224.2 Types of Sunnah
  23. 234.3 Basic Terms in Hadith
  24. 244.4 Reconciling a perceived conflict between two or more Ahadith
  25. 254.5 The Application of the Sunnah
  26. 265. Ijma‟ as-Sahabah
  27. 275.1 The meaning of Ijma‟
  28. 285.2 Examples of Ijma‟ as-Sahabah
  29. 295.3 Daleel indicating the Authority of Ijma‟ as-Sahabah
  30. 305.4 Who is a Sahabi?
  31. 316. Qiyas
  32. 326.1 The meaning of Qiyas
  33. 336.2 Daleel indicating the Authority of Qiyas
  34. 346.3 The Process of Qiyas
  35. 356.4 The Arguments of those who reject Qiyas
  36. 366.5 „Illah from the Text or the Mind?
  37. 376.6 The areas of Ahkam Shari‟ah which do not contain „Illah
  38. 386.7 Types of Ahkam Shariah where an „Illah can be found
  39. 396.8 Customs and traditions cannot be an „Illah
  40. 406.9 Difference between Manaat al-Hukm (reality of the rule) and „Illah
  41. 417. Sources of Hukm Shar‟i not agreed upon by all the Ulema
  42. 427.1 Ijma‟ al Ummah
  43. 437.2 Ijma‟ al Mujtahideen
  44. 447.3 Ijma‟ Ahlel Bayt
  45. 457.4 Ijma‟ Ahlel Medinah
  46. 467.5 Istihsan
  47. 477.6 Masalih Al Mursalah
  48. 487.7 Laws revealed before Islam (Shar‟a man qablana)
  49. 498. Ijtihad
  50. 508.1 Evidences for Ijtihad from the Sunnah
  51. 518.2 Evidences For Ijtihad From Ijma As-sahabah
  52. 528.3 Qualifications for performing Ijtihad
  53. 538.4 Types of Mujtahid
  54. 548.5 Reasons for differences of opinion among the Mujtahideen
  55. 559. A Brief Overview of Some Schools of Thought
  56. 569.1 Era of the Prophet (Saw)
  57. 579.2 Era of the Sahabah (ra)
  58. 589.3 Era of the Tabi‟een
  59. 599.4 Madhab of Imam Abu Hanifah
  60. 609.5 Madhab of Imam Malik
  61. 619.6 Madhab of Imam Shafi‟i
  62. 629.7 Madhab of Imam Ahmad Ibn Hanbal
  63. 639.8 Madhab of Ibn Hazm
  64. 649.9 Introduction to Madhab of Imam Zayd and Imam Jafar
  65. 6510. Do We Need a New School or Madhab?
  66. 6610.1 Reason for Differences of Opinion among the Mujtahideen
  67. 6711. Taqleed
  68. 6811.1 Daleel for performing Taqleed
  69. 6911.2 Muslims must ask for Daleel
  70. 7011.3 Taqleed is forbidden in the „Aqeedah (Belief)
  71. 7111.4 Muqalid shifting from one Opinion to Another
  72. 7212. Topics Related To Islamic Jurisprudence
  73. 7312.1 Wahy (Revelation)
  74. 7412.2 Role of „Aql
  75. 7512.3 Does the Shariah Apply on Non-Muslims?
  76. 7612.4 Was Prophet Muhammed (saw) A Mujtahid?
  77. 7712.5 Can Fiqh Be Changed?
  78. 7812.6 Need for a Minority Fiqh?
  79. 79Conclusion
  80. 80Bibliography