在这一时期的教法学（Fiqh）发展中，与各大教法学派（Madh-habs）的演变相关的有两大趋势。第一个趋势出现在各大教法学派的创立者——伟大的伊玛目们及其主要弟子在世的时期。尽管这些教法学派已逐渐形成各自独立的体系，它们仍延续了早期时代在制定和接受法律裁决方面的灵活传统。第二个趋势涵盖各大教法学派的主要学者去世之后的时期。它标志着在制定和接受法律裁决方面出现了僵化的开端，而这种僵化正是后世各教法学派乃至教法学（Fiqh）的主要特征。

In the development of Fiqh during this period, there were two major trends relating to the evolution of the Madh-habs. The first occurred during the period of the Great Imaams, founders of the major Madh-habs, and their major students. Although these Madhhabs were fast becoming distinct entities, they continued the tradition of flexibility in making and accepting legal rulings which had characterized the earlier periods. The second trend covered the period following the death of the major scholars of the Madh-habs. It represents the beginning of that rigidity in making and accepting legal rulings which is the main characteristic of Madh-habs, and consequently of Fiqh, in succeeding generations.

公元750至850年伟大伊玛目及其主要弟子时期，伊斯兰教法（Fiqh）的发展受到以下因素的影响。

The development of Fiqh in the period of the Great Imaams (750-850 CE) and their major students was affected by the following factors.

早期的阿拔斯哈里发对伊斯兰教法及其学者表现出极大的尊重。其原因在于,他们之所以能够执掌哈里发之位,是因为宣称要回归以沙里亚及其正确解释为基础的哈里发制度。因此,这一时期的阿拔斯哈里发都以将子女送往当时的主要学者门下求学为荣,而且其中一些哈里发自己也成为了伊斯兰教法学者,例如哈伦·拉希德哈里发(在位时间为公元786至809年)。此外,这些哈里发惯于就大多数教法问题向杰出的伊斯兰学者征询意见。一个典型的例子是伊玛目马立克的事迹:哈里发曼苏尔委托他编纂一部关于先知ﷺ圣行的权威著作。书成之后,哈里发就是否让他将其定为国家宪法征询马立克的意见,若如此,马立克的教法学派便将对所有穆斯林具有约束力。然而,伊玛目拒绝了此事,因为他知道,他的这部著作只收录了在希贾兹(伊玛目马立克曾在此讲学并创立其学派)所流传的先知ﷺ圣训。他坚决认为,任何单一的教法学派都不应约束所有穆斯林,因为任何一个单一学派都会排除那些由前往国家其他地区的圣门弟子所传述的大量其他圣训。这清楚地体现了创立各教法学派的先贤所具有的那种灵活性。国家对教法学者的扶持与庇护,在很大程度上促成了倭马亚王朝后期兴起的众多教法学派的繁荣。

The early ‘Abbaasid Caliphs made a show of great respect for Islamic law and its scholars. The reason for this lay in the fact that they owed their office to their claim that they were seeking a return to a caliphate based on Sharee’ah and its legitimate interpretation. Consequently, the ‘Abbaasid caliphs of this period all took pride in sending their children to study under the major scholars of the time, and, what is more, some of the caliphs became scholars of Islamic law in their own right; for example, Caliph Haroon arRasheed (rule 786-809 CE). Furthermore, these caliphs made a practice of consulting the outstanding Islamic scholars on most matters of Fiqh. A classical example is that of Imaam Maalik whom Caliph al-Mansoor commissioned to compile an authoritative book of the Sunnah of the Prophet (s.w.). On its completion, the Caliph consulted Maalik about allowing him to make it the state constitution, which would have made the Madh-hab of Imaam Maalik binding on all Muslims. However, the Imaam refused to have it done, since he was aware that his compilation including only those Hadeeths of the Prophet (s.w.) that were available in Hijaaz where Imaam Maalik had taught and founded his Madh-hab. He felt strongly that no single Madh-hab should be binding on all Muslims in view of the fact that any single Madh-hab would exclude the many other Hadeeths narrated by Sahaabah who had traveled to other parts of the state.111This is a clear example of that flexibility which characterized the founders of the Madh-habs. The factor of state support and patronization of Fiqh scholars contributed largely to the flourishing of the many Madh-habs which had arisen in the latter part of the Umayyad period.

然而需要指出的是,尽管学者和法官被允许享有更大程度的意见自由,但如果他们的裁决与政治政策相悖,往往会遭到严厉惩罚。例如,伊玛目马立克因发表了一项挑战阿拔斯哈里发官方政策的法特瓦而被监禁、殴打和拷问。根据该政策,民众须发誓:若他们违背对哈里发的效忠誓言,便会自动与妻子离婚。伊玛目马立克的法特瓦裁定,在胁迫之下的离婚无效。

However, it should be noted that although scholars and judges were allowed a greater measure of freedom of opinion, they were often subjected to severe punishment if their rulings ran counter to political policy. For example, Imaam Malik was jailed, beaten and tortured for giving a Fatwaa that challenged an official policy of the ‘Abbaasid Caliph. According to this policy, the people were made to swear that if they broke their oath of allegiance to the caliphs they would be automatically divorced from their wives. Imaam Maalik’s Fatwaa ruled that divorce under compulsion was null and void.

每当学者或其学生相遇时,他们便会交流彼此所在地区出现的各种伊斯兰问题的看法。如果对某一解决办法存在重大分歧,他们就会反复辩论,直到达成共识,或接受多种可行的意见。

Whenever scholars or their students met, they would exchange thoughts on various Islamic issues which had arisen in their particular areas. If there was a major difference of opinion about a particular solution, they would debate back and forth until a common conclusion was reached or various options were accepted.

这些法律辩论也通过书信进行，例如马立克伊玛目与莱赛伊玛目之间关于麦地那习俗的辩论。114

These legal debates also took place by mail, as in the case of the debate between Imaam Maalik and Imaam al-Layth about Madeenite customs.114

随着各派学者之间辩论次数的大量增加——无论是通过书信进行，还是各学派创立者及其门徒之间面对面的会谈——一些重要问题得以厘清，学者们在教法上的一些错误裁定或判断也因此被剔除。

The huge increase in the number of debating sessions, whether by mail or in face to face meetings between founders and students of various Madh-habs resulted in the clarification of certain important issues and the seeding out of mistaken rulings or judgements among scholars of Islamic law.

在马达hab形成的这一早期阶段，学者及其学生之间明显缺乏僵化或教条主义的态度。也就是说，问题是依据所提出证据的有效性进行客观分析，并据此得出结论。事实上，伊玛目艾布·哈尼法和伊玛目沙斐仪都曾明确表示：如果某段圣训被确认为可靠，那么它就应当被视为他们的教法主张。一个值得注意的例子涉及饮用寇木尔（Khamr）及其他致醉饮品的律例。哈乃斐学派的创立者伊玛目艾布·哈尼法曾裁定，伊斯兰教对寇木尔的禁止仅适用于发酵葡萄汁所制成的饮品（这正是寇木尔一词的字面含义）。

In this early stage in the development of Madh-habs there was a marked lack of rigidity or dogmatism on the part of scholars and their students. That is, issues were objectively analyzed and conclusions arrived at on the basis of the validity of the proofs presented. In fact Imaam Abu Haneefah and Imaam Shafi’ee were on record as stating that if a Hadeeth was known to be accurate, then that should be considered their Madh-hab. A noteworthy example concerns the law relating to the drinking of Khamr and other intoxicants. Imaam Abu Haneefah, founder of the Hanafee Madhhab, had ruled that the Islamic prohibition of Khamr covered only the product of fermented grape juice (the literal meaning of Khamr)

和“khamr”（酒）的含义并不仅限于葡萄汁所制之物，对其他一切致醉饮品也不能一概而论，这是一种普遍的看法。按照这一裁断，只要饮用者不至醉酒，用其他原料制成的致醉饮品在他们看来是允许的。115 然而，艾卜·哈尼法的三位主要弟子——艾卜·优素福、穆罕默德·本·哈桑和祖法尔——后来放弃了其师的这一裁断，因为他们遇到了可靠的圣训，明确表明一切致醉之物都包括在“khamr”的含义之内。先知ﷺ的圣训。

and did not extend to intoxicants in general. According to this ruling, intoxicating drinks made from other sources were allowable so long as the consumer did not become drunk.115 However, Abu Haneefah’s three main students (Abu Yoosuf, Muhammad ibn al-Hasan and Zufar) later rejected the ruling of their teacher, since they encountered reliable Hadeeths of the Prophet (s.w.) clearly indicating that all intoxicants were to be included in the meaning of Khamr.