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The Evolution Of Fiqh5 min readViewed 2 times

Period Of The Minor Scholars

The Development Of Fiqh During The Period Of The Minor Scholars Of The Madh-habs (850-950 CE) That Is, The Second Generation Of Students, Was Affected By The Following Factors.

A. Comopilation Of Fiqh

In order to make legal rulings and establish principles, previous scholars were obliged to spend a great deal of time and effort hunting in various parts of the Islamic State for Hadeeths and Athars (Sayings and acts of the Sahaabah and their students). In this period, the Sunnah of the Prophet (s.w.) was systematically collected and compiled in books of Hadeeth, thereby leaving scholars free to concentrate on the comprehension and application of Hadeeth.

Fiqh was also compiled on a wide scale and in a systematic fashion during this period. Some scholars personally compiled their own rulings, while others, such as Imaam Abu Haneefah and Imaam Ahmad ibn Hambal, dictated various problems and their solutioins to their students, who subsequently compiled them. Imaam Maalik’s alMuwatta’ is a collection of Hadeethss and opinions of the Sahaabah along with his personal ruolingl, and Imaam ash-Shaafi’ee’s book of Fiqh entitled al-Umm contains his legal rulings supported by their proofs.

Types Of Compilation:

1. The early books of Fiqh were usually a mixture of legal rulings, Hadeeths, opinions of the Sahaabah and of students of the Sahaabah. Al-Muwatta’ of Imaam Maalik is a classical example of this stage.

2. Some books of Fiqh were written about the basic principles of Fiqh, Hadeeths being mentioned only in order to prove the correctness of the authors’ deductions. Kitaab al-Kharaaj by Imaam Abu Yoosuf116 and al-umm by Imaam ash-Shaafi’ee are both good examples of this type of writing.

3. Other books of Fiqh concentrated of the application of Fiqh principles with but little reference to Hadeeths. These books were arranged in chapters according to the issues under discussion. The six books of Imaam Muhammad ibn al-Hasan117

and al-Mudawwanah by Imaam Ibn al-Qaasim118 are examples of this type of writing.

At first, the compilation of proofs for each legal ruling on various issues included the texts of Hadeeths along with their chains of narrators. Gradually concern for the chains of narration decreased, and scholars merely quoted the text of the appropriate Hadeeth along with a reference to the books of Hadeeth in which it could be found.

With the de-emphasizing of the importance of Hadeeth, or by neglecting to mention their sources and their levels of authenticity, the stand of the Madh-habs became the most important consideration. Thus, the opinions of the Madh-habs were gradually given precedence over one of the primary sources of Islamic law, namely the Sunnah. In these developments lay the beginnings of that rigidity which later became the hallmark of the Madh-habs.

However, later in this period, some prominent scholars reversed this trend, somewhat, by reintroducing the practice of quoting the sources and commenting on the accuracy of the Hadeeths.

B. Court Debates

There were also court debates during this period which were held for the interest and amusement of the caliphs and members of the royal court. Some scholars like magicians, singers, dancers and jesters, had become a permanent fixture of the royal court.119 They competed among themselves for the favors of the caliphs, and they invented issues solely for the purpose of debate. As a result, hypothetical Fiqh took on new dimensions as it evolved from sublime origins in the era of the Sahaabah and the early scholars, to the ridiculous product of court debates.

Court debates also spawned competitiveness and dogmatism, since the loser of a debate not only lost monetary reward from the caliph but also personal prestige. Furthermore, because loss of personal prestige also entailed loss of prestige on the part of one’s Madh-hab, the principle of defending one’s Madh-hab, right or wrong, came to be considered virtue. As a result, Madh-hab sectarianism became rampant among the court scholars.

C. Compilation Of Hadeeths

However, there arose an opposing trend among specialists in Hadeeth compilation and criticism, where by issues of Fiqh were tackled without dependence on the traditional rulings of existing the earlier scholars by basing their positions on authentic Hadeeths wherever available, rather than slavishly following earlier rulings merely because they had been made by prominent scholars. Focusing on Hadeeth to resolve the problems of Fiqh, great scholars of Hadeeth like Imaam al-Bukhaaree (810-870 CE) and Imaam Muslim (817-875 CE) went to great pains to collect from all possible sources authentic Hadeeths of the Prophet (s.w.) and Athars of the Sahaabah.

These, they arranged in chapters according to the format established by the Fiqh scholars. The initiator of this trend was the last of the major Imaams, Ahmad ibn Hambal, who compiled the most extensive work of Hadeeth called al-Musnad.120 Both Imaam alBukhaaree and Imaam Muslim were among his students.121

D. The Organization Of Fiqh

Through translations of the great books of science and philosophy from Greece, Rome, Persia, and India,122 Islamic scholars gained insight into new systems of reasoning, deduction and inference. This new knowledge influenced their approach to Fiqh which they proceeded to organize into fundamentals (Usool) and secondary principles (Furoo’). In time, Tafseer (explanation of the Qur’aan), Hadeeth and Nahw (grammer) developed under these influences into specialized branches of learning.

The positions of major scholars of Fiqh were recorded and the primary sources of Islamic law were identified and classified in order of their importance. 123


115 Muhammad ibn Ahmad ibn Rushd, Bidaayah al-Mujahid, (Egypt: alMaktabah at-Tajaareeyah al-Kubraa, n.d.), vol. 1, p. 405. See also as-Sayyid Saabiq, Fiqh as-Sunnah, (Beirut: Daar al-Kitaab al-Arabee, 3rd. ed. 1977), vol.2.p.378.

116 The main student of Imaam Abu Haneefah. 117 One of the main students of Imaam Abu Haneefah. 118 The main student of Imaam Maalik.

119 Hassan Ibrahim Hassan, Islam: A Religious, Political, Social and Economic Study, (Iraq: University of Baghdad, 1967) pp. 356-378.

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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