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The Evolution Of Fiqh2 min readViewed 2 times

The Thawree Madh-hab

The Founder: Imaam Ath-thawree (719-777 Ce)


Imaam Sufyaan ath-Thawree was born in Kufah in the year 719 CE, and after an extensive study of Hadeeth and Fiqh became the main Fiqh scholar of the Hadeeth school in Kufah. He held similar views to those of his contemporary, Abu Haneefah, however he opposed the latter’s use of Qiyaas and Istihsaan.

There occurred between Imaam Sufyaan and officials of the ‘Abbaasid state a series of confrontations due to his outspoken nature and his refusal to support state policies which contradicted the Sharee’ah. Caliph al-Mansoor (rule 759-744 CE) Sent a letter to Imaam ath-Thawree requesting him to accept the post of Qaadee of Kufah on condition that he not make any judgement or ruling in opposition to the state policy. On receipt of the letter, Sufyaan tore it up and threw it into the Tigris river in disgust, but, as a result, he was forced to give up his teaching and flee for his life. He remained in hiding until he died in the year 777 CE.

Reasons For The Madh-hab’s Disappearance

The two main factors are as follows:

(a) The Imaam spent the greater part of his life in hiding and thus was unable to attract a large number of students who might subsequently spread his opinions in the circles of learning.

(b) Although he did carry out some fairly extensive compilation of Hadeeths and their interpretations, he requested in his will that his main student, ‘Ammaar ibn Sayf, erase all his writings and burn whatever could not be erased. ‘Ammaar dutifully destroyed his teacher’s writings, but many of the Imaam’s ideas were recorded by students of other Imaas, so they have survived till today but not in an organized form.142


141 al-Madkhal, p. 205.

142 al-MaMadkhal, pp. 206-7.

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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