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The Evolution Of Fiqh2 min readViewed 2 times

Reasons For Differences

The Different approaches of the Ahl al-Hadeeth and Ahl arRa’I scholars may be traced to certain political factors combined with the differing socio-cultural backgrounds of the two areas in which their schools of thought flourished. From the time of the last Righteous Caliph, ‘Alee ibn Abee Taalib, the Cpital of the Islamic state was shifted first to Iraqand then to syria. Thus, the Hijaaz 106

was spared much of the turbulence and influx of foreign cultures and ideas which took place at the center of the state. Life in the Hijaaz continued to be easy-going and simple, due to its isolation. The Hijaaz was also the home of the Prophet (s.w.) and the birth-place of the Islamic state. Consequently, there was an abundance of Hadeeths in this region as well as a wealth of legal rulings made by the first three caliphs, Abu Bakr, ‘Umar, and ‘Uthmaan. On the other hand, Iraq was a new and strange land for Muslims. When capital of the Islamic State was stationed there, it became a virtual melting pot of various cultures and gave rise to a great number of situations and events, which were outside the experience of Muslim scholars of the time. Furthermore, because the number of Sahaabah who settled there was small, Hadeeths were not nearly as available there as in Hijaaz. Indeed, Iraq became the birth-place of fabricated Hadeeth as well as the breeding ground for most of the early deviant sects. Not being able to rely on the validity of quoted Hadeeth, the scholars of Iraq tended to rely on Hadeeth, to a lesser extent than did the scholars of the Hijaaz. The few Hadeeths which these Iraqi scholars considered accurate were only accepted after the fulfillment of very strict conditions. The natural result of this development was that the Iraqi school of thought and its scholars depended more on reason and logic than on the narrated Sunnah of the Prophet (s.w.).107

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Chapters (45)
  1. 11. The First Stage: FOUNDATION
  2. 2The Method Of Legislation
  3. 3General Content Of The Qur’aan
  4. 4Legal Content Of The Qur’aan
  5. 5The Basis Of Legislation In The Qur’aan
  6. 62. The Second Stage: Establishment
  7. 7Problem-solving Procedures Of The Righteous Caliphs
  8. 83. The Third Stage: Building
  9. 9Factors Affecting Fiqh
  10. 10Reasons For Differences
  11. 11Compilation Of Fiqh
  12. 124. The Fourth Statge: The Flowering
  13. 13The Development Of Fiqh
  14. 14Period Of The Minor Scholars
  15. 15The Sources Of Islamic Law
  16. 165 The Madh-habs: Schools Of Islamic Legal Thought
  17. 17The Hanafee Madh-hab
  18. 18The Awzaa’ee Madh-hab
  19. 19The Maalikee Madh-hab
  20. 20The Zaydee Madh-hab
  21. 21The Laythee Madh-hab
  22. 22The Thawree Madh-hab
  23. 23The Shaafi’ee Madh-hab
  24. 24The Hambalee Madh-hab
  25. 25The Dhaahiree Madh-hab
  26. 26The Jareeree Madh-hab
  27. 276. Main Reasons For Conflicting Rulings
  28. 28Word Meanings
  29. 29Narrations Of Hadeeths
  30. 303. Admissibility Of Certain Principles
  31. 314. Methods Of Qiyaas
  32. 327. The Fifth Stage : Consolidation
  33. 33Compilation Of Fiqh
  34. 348 The Sixth Stage: Stagnation And Decline
  35. 35Compilation Of Fiqh
  36. 36Reformers
  37. 378. The Imaams And Taqleed
  38. 38Imaam Abu Haneefah Nu’maan Ibn Thaabit (702-767 Ce)
  39. 39Imaam Maalik Ibn Anas (717-801 Ce)
  40. 40Imaam Ash-shaafi’ee (767-820 Ce)
  41. 41Imaam Ahmad Ibn Hambal (778-855 Ce)
  42. 42Students Of The Imaams
  43. 4310. Differences Among The Ummah
  44. 44Differences Among The Sahaabah
  45. 4511 Conclusion