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The Evolution Of Fiqh3 min readViewed 2 times

Compilation Of Fiqh


The same factors which led to Taqleed also caused scholars to confine their creative activity to merely editing and revising previous works. The Fiqh books of earlier scholars were condensed and abridgements of them were made. These abridgements were later shortened in order to make them easy to memorize, and many of them were actually put to rhyme. This process of condensing continued until the summaries, which resulted, became virtual ridles to the students of the day. The following generation of scholars began to write explanations of the summaries and poems. Later scholars wrote commentaries on the explanations and others added footnotes to the commentaries.

During this period some books on the fundamentals of Fiqh (Usool al-Fiqh) were written. In these works, the correct method of making Ijtihaad was outlined and the conditions which were laid down by these scholars were so strict that they excluded not only the scholars of their time but also many of the earlier scholars who had made Ijtihaad.

There were also a few books, which were written, on comparative Fiqh during this period. As in the previous period, the opinions of the Madh-habs and their proofs were collected and criticized in these books. The authors then defined as most accurate those opinions, which were held by their particular Madh-hab.

Toward the end of this period, an attempt was made to codify Islamic law under the auspices of the ottoman caliphs. A panel of seven top ranking scholars of Fiqh was formed and entrusted with the job. It was completed in 1876 CE and enforced as law by the Sultan throughout the Ottoman Empire under the title Majallah al-Ahkaam al-‘Aadilah (The Just Codes)189. However, even this seemingly noble attempt was affected by Madh-hab fanaticism.

All of the scholars on the committee were appointed from the Hanafee Madh-hab. Consequently, the resulting code totally ignored the contributions of the other Madh-habs to Fiqh.

With the expeditions of Columbus and Vasco de Gama, Western European states began to capture the routes and sources of international trade. Subsequently, European imperialism beginning with Java, which fell to the Dutch in 1684, absorbed Muslim East Asian states. After Transyvania and Hungary fell from ottoman hands to Austria in 1699 and the defeat of the Ottomans by Russia in the Russo-Turkish war of 1768-74, the European territories of the Ottoman Empire were soon lost, one after another.190 This process culminated in the total dissolution the Ottoman Empire during the First World War and its division into colonies and protectorates.

Consequently, European law codes replaced Islamic laws throughout the Muslim world.

Although European colonialism was officially ended some years ago, Islamic law has remained in disuse in all Muslim countries with the exception of Saudi Arabia which has codified Islamic law according to the Hambalee Madh-hab, Pakistan to a large degree according to the Hanafee Madh-hab and Iran which has recently done so according to the Ja’faree Madh-hab. 191


189 Anwar Ahmed Qadri, Islamic Jurisprudence in the Modern World, (Lahore, Pakistan: Ashraf, First edition 1963) p. 65.

190 Islamic Jurisprudence in the Modern World, p. 85. 191 The Fiqh Madh-hab of the Ithnaa ‘Ashreeyah (Twelver) Shi’ite sect falsely attributed to Imaam Ja’far as-Saadiq (d.765 CE).

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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