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7/28/2019 History of Fiqh Stage 4
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History of Islamic Law
Fourth StageFlowering
http://localhost/var/www/apps/conversion/tmp/scratch_2/Major%20Stages%20of%20Development.ppt7/28/2019 History of Fiqh Stage 4
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MAJOR STAGES OF THE DEVELOPMENT OF FIQH
Establishment Building Flowering Consolidation Stagnation &
Decline
The Era of the
Umayyad Dynasty
Practicesintroduced by the
Umayyad
Ijtihad
11AH 40AH 41AH -132AH
The era of the
Righteous Caliphs
Problem-solvingprocedures
Ijtihad of theCompanions
Difference of Viewsamong the Companions
The Abbasid Era
Golden periodof Fiqh
Positivedevelopments
The Abbasid Era II
Taqlid
Reasons for Taqlid
Contributions of
scholars
The Ottoman Era
Characteristics
Fiqh
literatature
Present state
of Islamic Law
132AH 350AH 350AH 656AH 656AH Present
Characteristics
Realistic Fiqh Issues
Procedures in deducing
hukm
Personal Opinion
Non existence of
Mazhab
Characteristics
Increase in Issues
Spreading and
Fabrication of Hadith
Emergence of schools
of Fiqh
Factors Effecting the
Development of Fiqh
Gov support
Competence Mujtahid
Expansion of the empire
Compilation of Sunnah
Compilation of Fiqh
Emergence of schools of
Fiqh
Characteristics
Prevailing trend of
taqlid
The codification of
Islamic Law
Western colonization
and Islamic Law
STAGE 3 STAGE 4 STAGE 5 STAGE 6STAGE 2
The beginning ofProphet hood
11AH
STAGE 1
Foundation
The era of Prophet
Muhammad p.b.u.h
Legislation inMakkah
Legislation in
Madinah
Focus of Legislation
Characteristics ofLegislation
Sources of Islamic
Law
Characteristics
Gradation in Legislation
Removal of Difficulty
Abrogation [al-Naskh]
Factors of Taqlid
The collapse of the
empire
The schools of Fiqh
False claim of Ijtihad
Following a single
mazhab
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Introduction
Starts with the rise of the Abbasid Dynasty foundedby Caliph Abu Abbas (132-136H) and ended till themiddle of the fourth century ofHijrah.
The caliphs at this time actively supported Islamic
scholarship.
The emergence of several prominent scholars ofIslam.
This period witness the beginning ofFiqhtaking shapeas an independent Islamic science.
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Introduction [contd]
During this period Fiqhwas clearly divided into two sections:
a. Fundamental principles (Usul) and
b. Secondary principles of scientific, juristic works (Furu);
Various principles of Fiqhwere developed and the views of thescholars was compiled and codified.
Scholars in other field of Islamic sciences such as The Sciences ofal-Quran (Ulum al-Quran), The Sciences of Hadith (Ulum al-Hadith), linguistic also emerge during this period and developed
their respective discipline.
The Sunnah was also codified which assist the scholars todifferentiate between the authentic and unauthentic narrations
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Positive Developments
The caliphs at this time actively supported Islamic scholarship
The emergence of several prominent scholars of Islam, like the foundersof 4 madzhab:
a. Abu Hanifah [al-Numan ibn Thabit, 80-150H]
b. Al-Imam Malik ibn Anas [93-179H]
c. Al-Imam Muhammad ibn Idris al-Syafii [150-204H]
d. Ahmad ibn Hanbal [164-241H]
Fiqhbegin to emerge as an independent Islamic science.
Also the other field of Islamic sciences such as The Sciences ofal-Quran,The Sciences ofHadith, linguistic begin to emerge during this period anddeveloped as an independent discipline.
The codification of the sunnah
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Government Support towards the Development
ofFiqhand the Fuqaha
Emergence of Competence Mujtahidun and the
Spread of Debate and Discussion
Expansion of the Islamic Empire
Compilation ofSunnah
Compilation of Fiqh
Emergence of Different Schools of Islamic Law
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Government Support
The Abbasid Caliphs provide their support and
encouragement to the scholars and assist them in
developing the sciences of Islam includingFiqh
The Caliphs also have great respect for Islamic law
and its scholars and consulted the scholars in making
several decision.
Example I
Example II
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Emergence of Competence Mujtahidun
The emergence of prominent mujtahidun and thedevelopment of the different sciences of Islam.
In the area ofFiqhand Usul, the founders of the majorschools of Fiqh were the production in this period.
They include Imam Abu Hanifah al-Numan, ImamMalik, Imam, al-Shafii and Imam Ahmad ibn Hanbal.
They have developed their school ofFiqhduring thisperiod and was later further expanded with the effortof their students
Click
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Emergence of Mujtahidun [contd]
These prominent scholars have created the environment of
discussion and academic debate, which has significantlycontributed in the development ofFiqh.
Whenever scholars or their students met, they would exchangeviews and thoughts on various Islamic issues, which they
encountered in their particular areas.
They would try to debate the said issue until a commonconclusion was reached or various options were accepted.
Such of these debates and discussions among the scholars hasresulted in the clarification of certain important issues and the
weeding out of mistake rulings or judgments among scholars ofIslamic law. It has also contributed in decreasing the differencesof opinion among them.
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Emergence of Mujtahidun [contd]
Such discussions also contribute to the decreasing of rigidity ordogmatism on the part of scholars and their students.
That is, issues were objectively examined and conclusionsarrived at on the basis of the validity of the available proofs(dalil) that were presented.
In fact Imam Abu Hanifah and Imam Shafii were reported tohave said that if a Hadithwas known to be accurate, then thatshould be considered their mazhab.
The free exchange of ideas and willingness to change among ofthe founding fathers of the mazhabs clearly illustrates theabsence of that rigidity and fanaticism towards certain views,
which is contrast to the attitude of later scholars of the mazhabs.
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The Expansion of Islamic Empire
The expansion has resulted in the increase of the issues of
Fiqhneed to be resolve by the scholars. The vast differences in the culture and background as well as
the custom of the people in these regions under the IslamicEmpire have lead to the diversion in the nature of issues which
arises. Consequently, the scholars developed different method of
ijtihad in order to find solution in these issues based on thegeneral principles provided byal-Quranand Sunnah.
In addition, the attitude of the people who wanted to find andpractice the Islamic solutions towards the contemporary issueshas motivated the scholars to multiply their ijtihad in order toresolve the arising issues.
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The Expansion of Islamic Empire [contd]
This expansion has also resulted in the increasing in the
centers of learning particularly in the major cities in the IslamicEmpire.
Scholars and students will travel from one center to another insearch of further knowledge
Example:
Imam al-Shafii, journeyed first to Hijaz to study under ImamMalik, then to Iraq in order to study under Muhammad ibn al-Hasan, and finally to Egypt to study under Imam al-Layth ibn
Saad. Click
These journeys resulted in the reconciliation of some of themajor differences, which had arisen among scholars and in thecombination of some of the schools of Islamic legal thought.
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Compilation of Sunnah
Most of the Sunnah of the Prophet s.a.w. was
compiled and classified during this period.
This effort which was undertaken by the
scholars of Hadith contributed significantly in
reducing the burden of proving the authenticity
of a particular Hadith among the fuqaha in
deducing the rulings ofFiqh.Click
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Compilation of Fiqh
Fiqhwas also compiled on a wide scale and in asystematic approach during this period.
Click
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Emergence of Different Schools of Islamic Law
The four well known mazhab of Islamic law namely the Hanafi,Maliki, Shafii and Hanbali schools were established during this stageof the development of Islamic law.
All the above factors has significantly contributed to theestablishment and development of these schools.
In fact, there are other schools of Islamic law, which was foundedduring this period; such as the school of al-Awzai, Sufyan al-Thawri,Ibn Abi Layla, Abi Thawr and al-Layth ibn Saad.
However, most of them disappeared later on as a result of the lack
of effort in spreading and codifying the views developed by thefounders of these schools
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Example I
Caliph al-Mansur [the 2nd Abbasid Caliphs, Abdullah
ibn Muhammad, 137-158H] consulted Imam Malik
(Malik ibn Anas 93-179H) about allowing him to make
his famous compilation on the Sunnahcalled al-Muwatta
as the state constitution, which would resulted in havingthe Mazhab of Imam Malik binding on all Muslims.
However, the Imam refused to this suggestion, since he
was aware of the limitations of his compilations in al-
Muwattawhich only comprises of those Hadithsof the
Prophet s.a.w. that were available in Hijaz where he
founded hisMazhab.
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Example II
In another example. Caliph Harun al-Rashid [Harun
ibn Muhammad al-Rashid,170H-193H] requested from
Imam Abu Yusuf, Yaqub ibn Ibrahim 113-182H [the
prominent s and famous student of Abu Hanifah] to
draft the law related to the administration of land and
the Imam wrote his famous book Kitab al-Kharajwhich was made the reference for the state.
The Caliph also appointed Imam Abu Yusuf to the post
of Chief Judge (qadhi al-qudhah) and he is responsible to
administer the appointment of judges and other related
matters in the Islamic Empire.
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AL-MADINAH
al-Imam Malik ibn Anas
[93-179H]
AL-MISR
Al-Imam Muhammad ibn Idris al-
Syafie [150 -204H]
AL-KUFAH
Al-Imam Abu Hanifah
al-Numan ibn Thabit
[80 -150 H)
BAGHDAD
al-Imam Ahmad ibn Hanbal
[164 - 241H]
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The Abbasid Empire
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[165-179H]
AL-MADINAH
[199-2004H]
AL-MISR
AL-MAKKAH
[151-165H]
[186-195H]
[197-198H]
[184-186H]
[195-197H]
[198-199H]
BAGHDAD
AL-YAMAN[179-184H]
GAZZA [150H]
C il i f S h
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Compilation of Sunnah
TYPE OF COMPILATION
Revelation Umayyad Abbasid Abbasid II Abbasid III
In 99H Caliph Umar
ibn Abd al-Aziz has
instructed Abu Bakr
ibn Hazm to compile
the Hadith of the
Prophet p.b.u.h
The effort was not
completed as the
Caliph passed away
before it was
accomplised.
TIME ALLOCATION
STEPS OF THE COMPILATION
PROCESS
PROCESS ACTIVITIES AND
MILESTONES
The Sunnah was
written down during
the time of revelation.
It was further
recorded & narrated
throughout the period
of companions and
later stage of the
development of Fiqh
Further step was taken
to compile the Sunnah
Among the scholars who
embark on the
compilation are:
1. Ibn Jurayj of Makkah
2. Sufyan al-Thawri
3. al-Auzai of Sham
4. Malik ibn Anas
5. Ibn Mubarak of
Khurasan
6. Hammad ibn Salamah
During the end of the
2nd century of Hijrah,
another step has
marked the
development of
Sunnah.
All the six authentic
colllections of Hadith
were compiled during
this period:
1. Sahih Bukhari
2. Sahih Muslim
3. Sunan al-Nasai
4. Sunan Abu Daud
5. al-Jami al-Tirmizi
6. Sunan ibn Majah
From 132HThe end of 2nd
Century
3rd Century of Hijrah
No serious attempt to
compile the Hadith.
The narrations were
widespread and many
hadith are accessible to
the scholars and the
people in general
through the narrations
by the narrators.
The compilation
combines between
the saying of the
Prophet and the view
of scholars.
The compiler
recorded the sayings
of the Prophet, the
saying of the
companions and their
views on certain
issues with the
sayings of the tabiin.
The Sunnah was
codified w/out
incorporating them with
the sayings of scholars.
It was also compiled
according to the
narrators of the
particular Hadith
[Musnad]
Eg. Musnad Imam
Ahmad ibn Hanbal
During this period,
the concentration
was given to the
compilation of
Sunnah based on the
different topics of
Fiqh.
All the six authentic
collections of Hadith
mentioned above
followed this method
of compilation.
Phase 1 Phase 2 Phase 3 Phase 4 Phase 5
The beginning of
Prophet hood
11AH
41AH -132AH
C il i f Fi h
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Compilation of Fiqh
Revelation Righteous Caliphs &Umayyad
Abbasid
Similar trend was followed during
this period but no systematic
compilation until the second
century of Hijrah
TIME ALLOCATION
STEPS OF THE COMPILATION
PROCESS
PROCESS ACTIVITIES AND
MILESTONES
The compilation of Fiqh begin
during the time of the Prophet
p.b.u.h.
It is when he instructed some of
the companions to compile rulings
related to zakah and it was
distributed to his Governors in
order to implement them.
1. Scholars of different areas of Islamic empire started
collecting and compiling the views of the earlier scholars.
Al-Madinah: Abdullah ibn Umar, Aishah bint Abi Bakr,
Abdullah ibn Abbas & some of the tabiin
e.g.: The compilation of Imam Malik in his Muwatta
Al-Iraq: The opinions & views of Abdullah ibn Masud,Ali
ibn Abi Talib.
e.g.: The compilation of Ibrahim al-Nakhii
2. Some scholars personally compiled their own rulings,
while others compiled by their students.
e.g.: Legal verdicts of Abu Hanifah and Ahmad ibn Hanbal
3. Some books of Fiqh compiled the basic principles of
Fiqh and Hadith being mentioned as supports.
e.g.: Kitab al-Kharajby Abu Yusuf & al-Umm by al-Shafie
From 132H
No systematic and
comprehensive compilation was
made.
Fiqh rulings related to a particular
matter were compiled and were
sent to Governors as an
administration aids
Phase 1 Phase 2 Phase 3
The beginning of
Prophet hood
11H
11- 132H
No systematic and
comprehensive compilation was
made.
Fiqh rulings related to a particular
matter were compiled and were
sent to Governors as
administration aids
4. Other books of Fiqh concentrated on the application of
Fiqh principles with little reference to Hadiths. These
books were arranged according to the issues that being
discussed.
e.g.: al-Mudawwanah by Ibn Qasim
5. Usul al-Fiqh was also compiled during this period
e.g.: al-Risalah by al-Shafii
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COMPILATION OF
SUNNAH
EMERGENCE OF MUJTAHIDUN GOV SUPPORT
FACTORS OF THE DEVELOPMENT OF FIQH DURING THE GOLDEN PERIOD
Respect &Consultation
Support indevelopingthe sciences
of Islam
No dogmatism& fanaticism
AcademicDiscussion& Debate
TheFounders of4 mazhabs
Revelation Era
UmayyadEra
DEVELOPMENT
OF FIQH
EXPANSION OF
ISLAMIC EMPIRE
Increase ofFiqh Issues
Increase ofLearningCentre
Abbasid Era
COMPILATION OF
FIQH
Revelation Era
RighteousCaliphs Era
Abbasid Era
EMERGENCE OF
FIQH SCHOOLS
Four Schools ofFiqh
Other schoolof Fiqh