Compilation Of Fiqh
During The Period Of Four Righteous Caliphs (632-661 CE) There Was No Compilation Of The Fatwaas (legal Rulings) Which Had Been Made By The Sahaabah. The Muslim State Was Rapidly Expanding And Everything Was In A State Of Flux. The Practice Of Narration Of Hadeeth Had Just Started And The Early Band Of Muslims Who Formed The Core Of The State Had Just Begun The Awesome Task Of Guiding The Young Muslim Nation. Thus, There Was Neither The Time Nor Opportunity For Undertaking A Compilation Of The Various Rulings And Opinions Held By The Sahaabah. Furthermore, The Sahaabah Themselves Tended To View Their Efforts At Ijtihaad Not As Infallible Truth Binding On The Entire Muslim Nation, But Merely As Opinions Applicable To Their Particular Time And Situation.
It was during the Umayyad period that the very first attempts at a compilation of legal rulings occurred. With the change of the governmental structure from caliphate to monarchy during this period rulings were increasingly being made which went against the rulings were increasingly being made which went against the rulings of the Sahaabah. Those who had studied under the Sahaabah in the various centers of Islamic learning realized that if a concerted effort were not made to preserve the earlier rulings, later generations of Muslims would be unable to benefit from the contributions of the Sahaabah. Accordingly, early scholars of the Hijaaz collected the various Fatwaas of ‘Abdullaah ibn ‘Abbaas, ‘Abdullaah ibn ‘Umar and ‘Aa’eshah bint Abee Bakr.108 Similarly, the scholars of Iraq collected the rulings of ‘Abdullaah ibn Mas’oud and those of ‘Alee ibn Abee Taalib. Unfortunately none of these early collections have survived in their original form. They are now only known by references made to them in the books of the next generation of scholars. However, a large number of the rulings contained in the original collections have been preserved by way of narration in the books of Hadeeth, in history books, as well as in later books of Fiqh.
Section Summary
1. The first attempts at compilation of Fiqh were made during the period of the Umayyads.
2. The scholars of Fiqh during this period followed two main trends in making their rulings: that of Ahl al-Hadeeth (the people of Hadeeth) and that of Ahl ar-Ra’i (the people of Opinion).
With the dispersion of the scholars there was a marked increase in their individual Ijtihaads. The overall result was the evolution of a number of new Madh-habs.
3. Both the principle of Ijmaa’ and that of consultative government were lost due to the scholars’ avoidance of the degenerate Umayyad court.
4. In order to preserve essential Islamic principles in the face of Umayyad divergence from the Sunnah, the dispersed scholars relied on frequent narration of Hadeeths and compiled the legal rulings of the most prominent jurists among the Sahaabah.
5. Social unrest and turmoil sere prevalent during this period and a number of religious sects and political factions came into being.
6. The Fabrication of Hadeeths in support of sectarian views arose during this stage for the first time. Scholars, therefore, saw a need to compile and critically analyze the Hadeeths.
106 Western coast of the Arabian peninsula including Makkah and Madeenah.
108 The third wife of the Prophet (s.w.).