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The Islamic Personality8 min readViewed 4 times

14.4 The Flourishing Of Islamic Jurisprudence


The Muslims generally used to perform Taqlīd to the mujtahidin despite their disagreements since the basis of their disagreements was the Sharī’ah evidence. So the understanding of every mujtahid of the address of the Legislator (khitab al-shaari’) is considered a Sharī’ah rule with respect to him and with respect to the one who makes Taqlīd to him. This is because because the address of the Legislator is the hukm shar’i (Sharī’ah rule) and the understanding of the Legislator’s address is a Sharī’ah rule but in respect to the one who understood it and in respect to the one who follows him in this understanding. Those who attained the understanding of the Legislator’s address used to perform Ijtihād. Those who did not reach the level of Ijtihād used to follow, in ahkām (rules), those who had reached the level of Ijtihād and practised Ijtihād. The issue was not that of following the faqih personally just as the issue is not one of making Taqlīd to a mazhab. Rather, the issue is about adopting the hukm shar’i deduced by the faqih and acting upon it. Since, the Muslim is ordered to follow the Sharī’ah rule only and act upon it and not follow a mazhab or person or act according to any particular mazhab or follow any particular person. When he is able to reach the hukm shar’i through his own Ijtihād he should do that, if not he should adopt a hukm deduced by someone else. In the early ages the mujtahidin could be counted by the thousands. That is why we find that the mujtahidin whom the Muslims used to follow were not restricted to four, five, six or any number of mazhabs, in fact there were many mazhabs and numerous mujtahidin. Each group used to follow rules deduced by a mujtahid whether he was from a mazhab or not. For example, the general population of Kufa acted upon the fatwa of Abu Hanifah and Sufyan al-Thawri but the Shi’a used to act upon the mazhab of Ja’far al-Sadiq. The practise of the people of Makkah used to be according to the fatwa of Ibn Jurayj and the people of Madina on the fatwas of Malik and the people of Basra on the fatwas of ‘Uthman and the people of al-Sham on the fatwas of al-Awza’i and the people of Egypt on the fatwas of Ibn Sa’d, and the people of Khurasan on the fatwas of ‘Abd Allah ibn al-Mubarak and some of the people of Yemen on the fatwas of Zayd ibn al-Husayn. Many of the Muslims used to follow the fatwas of Sa’id ibn al Musayyab, Ibn Abi Layla, ‘Ikrama, Rabi’i Ar-Ra’i, Muhammad ibn shihaab Az-Zuhri , Hasan Al Basari, Laith ibn sa’ad, Sufyan Ibn ‘Uyayna, Ishaq ibn Rahawiya, Abi Thawr, Dawud Az-Zahiri, Ibn shibrima and Ibn Jarir At-Tabari. Each of them was a Mujtahid and lead a mazhab. Each of the mazhabs from these mazhabs had a particular methodology in Ijtihād and a particular ra’i (opinion) in the ahkam. Many of the Mujtahidin and Imams were judges and rulers in the lands. The differences among the imams and the judges and rulers lead to a difference in the ahkam (rules), each one judged with his own opinion or according to the opinion of a faqih whose opinion he held. This resulted in the presence of different judgements in the state, due to this there were ‘Ulamā who were obviously inclined towards unifying the ruling by which judgement is given and wanted the Khalifah to issue an order for people to adhere to it. At that time, certain people who knew about the situation of the society took the view that a comprehensive book should be written to which judges and other should refer, so as to lighten the burden of the judges and make it easy for the litigants. Ibn al-Muqaffa’ wrote a letter to the Khalifah al-Mansur regarding this matter, in which it was mentioned:

‘ What does the Ameer al-mu’minin see regarding the matter of these two cities ; Basrah and Kufah and other cities and regions, about the difference of these contradictory rulings which has reached great proportions in rulings relating to blood, chastity and property. The rules concerning blood and chastity allowed in Basrah are forbidden in Kufah, such disagreements are taking place in the heart of Kufah as well, something is allowed in one area but not in another. However, despite its various forms it is legally valid in the life of Muslims, in their blood and sacred possessions, where judges validly judge with it. If the Ameer ul Mumineen sees it is appropriate and ordered that these different verdicts and courses be reported to him in writing together with the supporting evidences from the Sunnah and Qiyas: However, despite its various forms it is legally valid in the life of Muslims, in their blood and sacred possessions, where judges validly judge with it. If he then wrote a book in that, we would then hope that Allah makes these verdicts, in which the right one is mixed with the wrong one, the same correct one. We would also hope that the convention of the matter will be by the opinion and on the word of Ameer ulM’umineen.’

However, al-Mansur did not act upon this letter although he was impressed by it. So he took steps to make the Fuqaha and the muhaddithin record what has reached them until people had references to which they could refer. The reason for al-Mansur not acting upon the opinion of Ibn al-Muqaffa’ in laying down a constitution and canons for the state which would have brought the people together on specific ahkāms was what transpired between him and Malik. Ibn Sa’ad narrates in al-Tabaqat that Malik bin Anas said:

When al-Mansur performed hajj he said to me: I have taken the decision to order people to follow the books which you have written. They will be copied then I will send a copy to every Muslim city and and I will order them to act upon them and not refer to any other works. So I said O Ameer al-Mu’minin! Do not do this. The people already hold opinions, and they have heard ahadīth and narrated reports, each people took what they already followed it, leave the people, let the people of each land chose for themselves.’

Owing to this, the mazhabs and opinions were not unified and Ijtihād and ra’i remained with the people in adopting the hukm they deemed correct. And the choice remained for judges and rulers to judge with what they deemed as appropriate. Due to this each imam of fiqh has students who came to study their opinions and explain his mazhab and the outlook towards this disagreement which took place changed and it became a science in its own right, they called it the science of disagreement (‘ilm al-khilaf). They studied it just as they studied usul al-fiqh. They said that the disagreement of the imams was a mercy. The student of each imam used to expand on the furu’ (branches of fiqh). It was this expansion which preserved the mazhabs of certain mujtahidin and was the reason for the extinction of others. Al-Awza’i, al-Hasan al-Basri, al-Thawri and Ibn Jarir al-Tabari are some of the greatest imams in terms of their breadth of knowledge and Ijtihād. However they did not expand in furu’ rather confined themselves to the usul and they did not have students who would expound the position of their mazhab, that is why they were not acted upon and they did not spread. As for the rest of the imams such as Abu Hanifah, Ja’far al-Sadiq, Zayd ibn al-Husayn, al-Shafi’i, Ahmad ibn Hanbal and Malik, they had students and followers, so their mazhabs were recorded and continued to exist. Despite the restrictions imposed by Abu Ja’far al-Mansur on Ja’far al-Sadiq and others from the family of ‘Ali he deduced rules and he had students from the Shi’a and others. They recorded his opinions and looked upon them as something akin to the Sunnah. His mazhab spread in many regions of the world. Abu Hanifah used to have many students, the most well known are Abu Yusuf, Muhammad ibn al-Hasan al Shaybani and Zufar. They were all mujtahids like Abu Hanifah. Although they mixed their opinions with his, the credit goes to them for recording the mazhab of Abu Hanifah. The same goes for Imam Malik. He used to reside in Madinah; he had many students who were widely known for scrutinising the hadīth and transmitters of hadīth, especially in regard to the book al Muwatta. His students after him used to record his fatwas and expand on the furu’ and give their views on issues. Despite Malik’s fame the credit for spreading his mazhab goes to his students. As for al-Shafi’i he had established his towering fame by his own hands in usul al-fiqh which is indicated by what comes in the large work al-Umm which along with al-Risala and Ibtal al-Istihsan are the greatest samples of intellectual awakening in that age. His students, such as al-Rabi’ and al-Muzni who proceeded according this method and studied his opinions and expanded his mazhab and so it spread far and wide. Similarly for Ahmad ibn Hanbal, despite the dominant prevalence of hadīth in his mazhab, he had students who expanded his mazhab for him and studied his opinions. The credit first and foremost goes to those students, not only for spreading the mazhab of their teachers and imams but also for the exposition of the fiqh and ensuring that it flourished until their age was considered more radiant than the age of the imams. Since it was in this age that the commentaries of ahkām and clarification of evidences took place, in this way the fuqaha rushed ahead in studying fiqh and explaining it especially the science of usul al-fiqh which is the true basis of fiqh. The situation of fiqh continued to spread until it flourished greatly. The pinnacle of its bloom was in the fourth century A.H, a century after the mazhabs were formed

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Chapters (185)
  1. 1Transliteration Guide
  2. 21. Personality
  3. 31.1 The Islamic Personality
  4. 41.2 The Formation Of Personality
  5. 51.3 Gaps In Conduct
  6. 62. The Islamic Aqidah
  7. 72.1 The Meaning Of Imān In The Day Of Resurrection
  8. 82.2 The Emergence Of The Mutakallimīn And Their Approach
  9. 92.3 The Error In The Methodology Of The Mutakallimīn
  10. 102.4 How The Issue Of Al-qadaa’ Wa‘l- Qadar Emerged
  11. 112.5 Al-qadr
  12. 122.6 Al-qadā’
  13. 132.7 Al-qadā’ Wa‘l-qadar
  14. 142.8 Guidance And Misguidance
  15. 152.9 The Termination Of The Life-span [ajāl ] Is The Sole Cause Of Death
  16. 162.10 Provision [rizq] Is In The Hands Of Allah Alone
  17. 172.11 The Attributes [sifāt] Of Allah
  18. 182.12 The Muslim Philosophers
  19. 192.13 The Prophets And Messengers
  20. 202.14 The Infallibility Of The Prophets
  21. 212.15 The Revelation
  22. 222.16 It Is Not Allowed On The Part Of The Messenger Pbuh That He Be A Mujtahid
  23. 233. The Noble Qur'ān
  24. 243.1 The Compilation Of The Qur’ān
  25. 253.2 The Qur’ānic Script
  26. 263.3 The Miracle Of The Qur’ān
  27. 274. The Sunnah
  28. 284.1 The Sunnah Is A Sharī’ah Evidence Like The Qur’ān
  29. 294.2 Inferring Evidences From The Sunnah
  30. 304.3 The Solitary Report (khabar Al-ahad) Is Not A Decisive Proof (hujjah) For Beliefs
  31. 314.4 The Difference Between The ‘aqīdah And The Sharī’ah Rule (hukm Shar’i)
  32. 325. Ijtihād And Taqlīd
  33. 335.1 Expert Research (ijtihād)
  34. 345.2 The Conditions Of Ijtihād
  35. 355.2 Taqlīd
  36. 365.3 The Reality Of Taqlīd
  37. 375.4 The States Of Muqallidin And Their Preponderant Qualifications
  38. 385.5 Migrating From One Mujtahid To Another
  39. 396. Learning The Sharī’ah Rule
  40. 407. The Strength Of The Evidence (quwwa Al-dalīl)
  41. 418. Consultation (shūrā) Or The Adoption Of An Opinion In Islam
  42. 429. Science And Culture
  43. 439.1 The Islamic Culture
  44. 449.2 The Method Of Study In Islam
  45. 459.3 Acquisition Of Culture (thaqafa) And Sciences
  46. 469.4 The Cultural Movement
  47. 479.5 The Position Of Muslims With Regards To Non- Muslim Cultures
  48. 4810. The Islamic Disciplines
  49. 4910.1 Tafsīr (qur’ānic Exegesis)
  50. 5010.2 The Exegetical Approaches Of Mufassirun
  51. 5111. Sources Of Tafsīr
  52. 5211.1 The Ummah's Need Today For Mufassirin
  53. 5312. The Science Of Ḥadīth (‘ilm Al-ḥadīth)
  54. 5412.1 The Hadīth
  55. 5512.2 The Transmitters Of Hadīth (ruwat Al Hadith)
  56. 5612.3 The One Whose Narration Is Accepted And The One Whose Narration Is Not Accepted And The Exposition Of (the Science Of) Invalidation And Attestation Of Reliability (al-jarh Wa Ta'dīl)
  57. 5712.4 Narrations Of The Muslim Sects
  58. 5812.5 Arration By Meaning (riwaya Bil Ma’na) And Abridgement Of The Hadīth
  59. 5912.6 Categories Of Hadīth
  60. 6012.7 Categories Of The Khabar Al-ahād
  61. 6112.8 The Accepted Hadīth (maqbul) And The Rejected Hadīth (mardud)
  62. 6212.9 The Mursal Hadīth
  63. 6312.10 The Ḥadīth Qudsi
  64. 6412.11 The Inability To Prove The Authenticity Of A Hadīth From Its Sanad Does Not Indicate That It Is A Weak Hadīth
  65. 6512.12 Consideration Of The Hadīth As An Evidence In The Sharī’ah Rules
  66. 6613. Prophetic Biography (sīrah) And History
  67. 6714. The Principles Of Islamic Jurisprudence (usūl Al-fiqh)
  68. 6814.1 Fiqh (jurisprudence)
  69. 6914.2 The Development Of Fiqh
  70. 7014.3 The Effect Of Disputes And Debates (munazarat) On Islamic Jurisprudence
  71. 7114.4 The Flourishing Of Islamic Jurisprudence
  72. 7214.5 The Decline Of Islamic Jurisprudence
  73. 7314.6 The Myth Of The Influence Of Roman Law On Islamic Jurisprudence
  74. 7415. Studying Fiqh
  75. 7516. Examples (namadhij) Of Fiqh
  76. 7617. The Khilafah
  77. 7717.1 The Time Limit Given For Muslims To Appoint A Khalifah
  78. 7817.2 Contracting (in’iqad) The Khilafah
  79. 7917.3 The Pledge (bay’ah)
  80. 8017.4 The Conditions Of Eligibility For The Khalifah
  81. 8117.5 Seeking The Khilafah Post
  82. 8217.6 The Unity Of The Khilafah
  83. 8317.7 Succession (istikhlaf) Or Reign (‘ahd)
  84. 8417.8 The Method To Appoint The Khalifah
  85. 8517.9 The Shar'a Did Not Designate A Specific Person For The Khilafah
  86. 8617.10 General Responsibilities/duties
  87. 8718 The Islamic State Is A Human State And Not A Theocratic State.
  88. 8818.1 Deposing Or Removal Of The Khalifah
  89. 8919. The Leadership (al-imarah)
  90. 9019.1 Obedience (at-ta’ah)
  91. 9119.2 The Khalifah's Adoption Of Rules And Styles I.e. Adopting Canons
  92. 9220. Jihad
  93. 9320.1 The Khalifah And Jihad
  94. 9420.2 The Meaning Of The Khalifah Supervising The Army's Leadership
  95. 9520.3 The Martyr
  96. 9620.4 Guarding The Frontiers (ar-ribat)
  97. 9720.5 The Islamic Army
  98. 9820.6 Seeking The Assistance Of Disbelievers In Fighting
  99. 9920.7 Preparing The Islamic Army
  100. 10020.8 Flags And Banners
  101. 10120.9 Captives
  102. 10221. The War Policy
  103. 10321.1 Lying In War
  104. 10421.2 Spying
  105. 10521.3 Truce (hudna)
  106. 10621.4 Military Alliances
  107. 10721.5 Permissible Treaties
  108. 10821.6 Emergency Treaties
  109. 10921.7 Annulling Treaties
  110. 11021.8the Belligerent Disbeliever (kafir Harbi)
  111. 11121.9 The Protected Person (al-m'ustamin)
  112. 11221.10 The Rules Of The Dhimmi
  113. 11322. Implementing Islam Is Obligatory Upon The Disbelievers
  114. 11423. The Jizyah
  115. 11524. The Lands Of Ushr, Kharaj And Sulh (truce)
  116. 11625. Dar Al-kufr And Dar Al-islam
  117. 11726. The Believer's Befriending The Disbelievers
  118. 11826.1 The Emigration (hijrah) From Dar Al-kufr To Dar Al-islam
  119. 11927. The Position Of Islam On Slaves And Slavery
  120. 12027.1 Treating Slaves
  121. 12127.2 Treating Slavery
  122. 12228. Relationships Between Individuals
  123. 12329. Trade (bai’)
  124. 12429.1 Everything Forbidden For Man, Trading It Is Also Forbidden
  125. 12529.2 It Is Not Allowed To Sell What You Do Not Have
  126. 12629.3 The Selling Of Advance Credit (as-salam)
  127. 12729.4 Buying Fruits While They Are Still On The Tree
  128. 12829.5 Sale On Credit And Instalments (taqseet)
  129. 12929.6 Brokerage (samsara)
  130. 13030. Hiring
  131. 13130.1 The Employee
  132. 13230.2 The Wage
  133. 13330.3 Estimating The Wage
  134. 13430.4 The Amount Of The Wage
  135. 13530.5 Paying The Wage
  136. 13630.6 Types Of Employees
  137. 13730.7 There Is No Labour Problem In Islam
  138. 13830.7 Hiring Assets
  139. 13930.8 Renting Houses For Residence
  140. 14031. All Bribery Is Forbidden
  141. 14132. Mortgage/ Pledging Security
  142. 14232.1 The Pledgee Benefiting From The Pledge
  143. 14333. The Bankrupt
  144. 14434. Transfer Of A Right (al-hawala)
  145. 14535. Drawing & Painting
  146. 14636. Usul Al-fiqh
  147. 14736.1 Al-hākim
  148. 14836.2 There is no hukm Prior to the coming of the revelation
  149. 14936.3 The legally responsible with respect to the shari’ah rulings
  150. 15037. The conditions of legal responsibility [shurūt al-taklīf]
  151. 15137.1 The legal ruling [al-hukm al-shar’i]
  152. 15237.2 The address of legal responsibility [khitab al-taklīf]
  153. 15337.3 The obligatory [al-wajib]
  154. 15437.4 That which is required to fulfill a wājib is itself wājib
  155. 15537.5 The prohibition [al-harām]
  156. 15637.6 The permissible [al-mubāh]
  157. 15737.7 The declaratory address [khitāb al-wad’]
  158. 15938. The Cause ( Al Sabab)
  159. 16039. The Condition ( Al Shart)
  160. 16140. The Prohibitive ( Al Manay)
  161. 16241. The Validity, The Invalidity, And The Corruption ( Al Sihhah, Wal Butlan, Wal Fasaad)
  162. 16342. The Determination And The Consession ( Al Azeema War Rukhsah)
  163. 16443. The Shari'ah Evidences ( Al Adilla-tul- Shariyah )
  164. 16544. The Shariah Evidences Must Be Decisives ( Al Adillah- Tu-shariah Yajebo An Takoona Qateyyah)
  165. 166What Is Considered As A Proof (hujjah) Of The Qur’aan
  166. 167Al-muhkam Wa Al-mutashabih The Precise And The Imprecise
  167. 168The Second Daleel Al–sunnah
  168. 16948. The Status Of The Sunnah In Relation To The Qur'aan
  169. 17049. Divisions Of The Sunnah (aqsaam Al Sunnah)
  170. 17150. The Mutawaatir
  171. 17251. The Number By Which The Certainty Occurs
  172. 17352. The Famous Hadeeth (al Mashhour)
  173. 17453. The Individuals Report (khabar Al Aahaad)
  174. 17554. The Narrators Of The Hadeeth (ruwaat Al Hadeeth)
  175. 17655. Types Of The Individuals Report
  176. 17756. Conditions For Accepting The Individuals Report
  177. 17857. The Actions Of The Messenger
  178. 17958. The Ways By Which The Direction (quality) Of The Action Of The Messenger Can Be Known
  179. 18059. The Silence Of The Prophet (saw)
  180. 18160. The Conflict Between The Actions Of The Messenger (saw)
  181. 18261. The Conflict Between The Action Of The Messenger (saw) And His Saying
  182. 18362. The Conflict Between The Sayings Of The Messenger (saw)
  183. 18463. The Inference (al Istidlaal) From The Kitaab And The Sunnah
  184. 18564. The Language Discussions
  185. 18665. The Way To Know The Arabic Language