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The Evolution Of Fiqh1 min readViewed 3 times

3. Admissibility Of Certain Principles

There were among the Imaams some who developed a number of controversial principles on which they based some of their rulings. As a result, both the rulings and the principles became source of differences among jurists. For example, the majority of jurists recognized the validity of Ijmaa’ among the generations after the Sahaabah, but Imaam ash-Shaafi’ee questioned its occurrence while Imaam Ahmad rejected it outright. Similarly the majority of jurists rejected Imaam Maalikreliance on the customs of the Madeenites as a source of legislation. And Imaam Abu Haneefah’s principle of Istihsaan and Maalik’s Istislaah were both disallowed by Imaam ash-Shaafi’ee as being too independent of the Qur’aan, the Sunnah, and Ijmaa’. That is to say, they relied too much, in his opinion, on human reasoning.

On the other hand, Imaam ash-Shaafi’ee felt that the opinion of the Sahaabah had to be accepted on legal matters, while others felt that it was only reasoning on their part which was not binding later generations.181


181 Asbaab Ikhtilaaf al-Fuqahaa, pp. 126-138. See also Raf ‘ul-Malaam ‘anil-A’immah al-A’laam, pp. 11-49

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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