Professional Documents
Culture Documents
ESTABLISHMENT
The era of the Khulafa al-Rashidin, from the death of the Prophet s.a.w. to the middle of the seventh century (632-661CE)
BUILDING
The founding of the Umayyad dynasty (661CE) until its decline in the middle of the 8th century CE
FLOWERING
The rise of the Abbasid dynasty in the middle of the 8th century CE to the beginning of its decline around the middle of the 10th century CE
CONSOLIDATION
From the decline of the Abbasid dynasty at about 960CE to the invasion of Baghdad by the Mongols in the middle of the 13th century CE
Foundation
Establishment
Building
Flowering
Consolidation
The era of Prophet Muhammad p.b.u.h Legislation in Makkah Legislation in Madinah Focus of Legislation Characteristics of Legislation Sources of Islamic Law The beginning of Prophet hood 11AH
The era of the Righteous Caliphs Problem-solving procedures Ijtihad of the Companions Difference of Views among the Companions
The Era of the Umayyad Dynasty Practices introduced by the Umayyad Ijtihad
11AH 40AH
41AH -132AH
132AH 350AH
350AH 656AH
656AH Present
Characteristics
Gradation in Legislation Removal of Difficulty
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 of Taqlid
The collapse of the empire The schools of Fiqh False claim of Ijtihad Following a single mazhab
Characteristics
Prevailing trend of taqlid The codification of Islamic Law Western colonization and Islamic Law
Abrogation [al-Naskh]
In solving these new issues the Righteous Caliphs relied heavily on: a. Decisions by consensus [al-Ijma] b. Personal reasoning [ijtihad]
If, the differences were so great that there is no majority opinion, the caliph would make his own ijtihad based on the different views that was discussed among the companions.
Al-Quran
al-Sunnah [sayings, actions] + ask for previous rules by the Prophet p.b.u.h
Majoritys opinion
a. Some of the companions will stick to the literal or direct meaning of the Quran and Sunnah whereas,
b. Some other will try to find the reasons and rationale of the injunctions in the text.
( )
a. The practice of shura in arriving to the consensus of opinion followed by the righteous Caliphs.
b. Also the attitude of individual companions who are generally refuse to make legal rulings but instead re-directing complicated questions to other companions who were better qualified to answer them.
EXAMPLE ONE
1. Marriage in Iddah Umar ibn al-Khattab held the view that a women who enters into marriage contract while she is still in her waiting period [iddah] should be separated from the man and it is forbidden for the man to re-marry her even when her waiting period has come to an end. However, Ali ibn Abi Talib differ with him in this issue as he does not see any reason to forbid the man from marrying the women once the waiting period is over
EXAMPLE TWO
2. Distribution of Confiscated Land When Iraq was conquered by the Muslim army, the companions differ with regard to the distribution of the agriculture land confiscated from the enemy. Bilal bin Rabah, Abdul Rahman ibn Auf, Yasir ibn Ammar and some other is of the view that the land should be distributed according to the formula stated in the verse al-Anfal 41
And know that out of all the booty that you may acquire (in war), a fifth share is assigned to Allah,- and to the Messenger, and to near relatives, orphans, the needy, and the wayfarer, [Al-Anfal: 41]
However, Umar, Uthman, Ali, Muaz ibn Jabal and some others view that the land shall remain with the owners and they shall be requested to pay tax for it and the tax money shall be used for the interest of the Muslims.
EXAMPLE I
After the Prophet s.a.w.s death, the companions have different views as to the place to bury him. However, when Abu Bakr narrated to them that he had heard Rasulullah s.a.w. saying that: Prophets are buried in the spot where they die They immediately accepted what he said and bury Rasulullah s.a.w. in Aishah's r.a. house.
REALISTIC ISSUES
PROCEDURS OF RULINGS
PERSONAL OPINION
The using of personal opinion is one of the characteristics of Fiqh in this period
Most of the issues dealt with during this period arethe real issue occur There no Fiqh different mazhab (schools of during period of that the Righteous The were Righteous Caliphs) and some ofjurisprudence) the scholars among the companions Caliphs. Even there were individual ijtihad by to the companions, it does not constitute a The majority ofthough the companions preferred to stick closely the literal meanings of texts of the Quran in the society. The scholars do not deal with hypothetical or imaginary have developed certain procedures in deducing the rulings of Fiqh. and the Sunnah. As a general linked practice, avoided personal interpretations. Ibn Umar, one of the mazhab as it were directly to they the state as giving in was during the time of the Prophet s.a.w. issues.
leading jurists among the companions who remained in Madinah all his life, followed this practice.
However, they didthe not prescribed that by these procedures must bethe followed When problems occurs decisions were made the caliphs with shura among companions This method (development of law with real issues) was later developed by On the other hand, there were other companions, who favored the wide use of personal opinion issues therefore it was thein caliph himselfthe whoissues had the final saying in all legal decisions involvingin ijtihad by the Muslims resolving of Fiqh. not specified by either the Quran or the Sunnah. However, they were careful to attribute errorsof that the scholars of al-Madinah, which resulted in the formation of the any school or ijma .
might result from their opinion entirely to themselves, so as not to bring discredit to Islamic law. Hadith [Madrasah ahl al-Hadith ]
Consequently, deduced rulings made by a caliph were never openly opposed by his successors Abdullah ibn Masud (who later settled in Iraq) represented this school of thought. Shariah reflects the companions respect for freedom of opinion in such during his lifetime. Note:
matters. These two different approaches were later developed by the and were in the Hypothetical issues are issues which assumed to scholars be happen butevident it hasnt However, when the succeeding caliph came to power, his opinion would then be given precedence establishment of the School of al-Hadith (Madrasah al-Hadith) in al-Madinah and School of al-Rai occurred yet over that alofRay his ) predecessor (Madrasah in al-Kufah. and the deduced rulings of his predecessor would be changed to
conform to his opinion.
19
Foundation
Establishment
Building
Flowering
Consolidation
The era of Prophet Muhammad p.b.u.h Legislation in Makkah Legislation in Madinah Focus of Legislation Characteristics of Legislation Sources of Islamic Law The beginning of Prophet hood 11AH
The era of the Righteous Caliphs Problem-solving procedures Ijtihad of the Companions Difference of Views among the Companions
The Era of the Umayyad Dynasty Practices introduced by the Umayyad Ijtihad
11AH 40AH
41AH -132AH
132AH 350AH
350AH 656AH
656AH Present
Characteristics
Gradation in Legislation Removal of Difficulty
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 of Taqlid
The collapse of the empire The schools of Fiqh False claim of Ijtihad Following a single mazhab
Characteristics
Prevailing trend of taqlid The codification of Islamic Law Western colonization and Islamic Law
Abrogation [al-Naskh]
[41H-132H]
Begins with the rise of the Umayyad Dynasty [41H] and ends with the fall of this dynasty [132H] The Umayyads were in power for approximately one century starting from the death of the last of the Righteous Caliph Ali ibn Abi Talib in 41H and the dominance of the founder of the Umayyad dynasty, Muawiyah ibn Abi Sufyan, until the last of the Umayyad Caliphs in 132H.
CHARACTERISTICS OF FIQH
THE THIRD STAGE
Increase Of Issues
POSITIVE IMPACT
Positive impact
The extensive reference to the Sunnah of the Prophet s.a.w. in resolving the issues of Fiqh as this source became easily accessible to the scholars with the increase and spreading of the narrations of Sunnah
NEGATIVE IMPACT
The center for Madrasah ahl al-Hadith was in al-Madinah Scholars of Islamic legal history indicated that Madrasah ahl al-Hadith
was a continuation of the approach of those companions of the Prophet whose fear of contradicting the texts (nass) made them to take the precaution of not going beyond what is available in the text.
Kufah in Iraq was the base for Madrasah ahl al-rai. Madrasah ahl al-Rai is said to be the extension of the school of Umar
ibn al-Khattab and Abdullah ibn Masud who were known in their use of ra'y (opinion). In turn, Alqamah al Nakhai , the uncle and teacher of Ibrahim al Nakhai, was influenced by this approach of the companions. Ibrahim then trained Hammad ibn Abi Sulayman who was one of the prominent teachers of Abu Hanifah. Click
Scholars of Madrasah ahl al-Hadith leaned towards limiting their deductions to available text of the Quran and Sunnah in deducing the rulings of Fiqh.
They will avoid making personal legal rulings on an issue if there are no clearly defined texts from the Quran or the Sunnah related to the issue.
Some even refuse to issue legal verdict on existing issues for fear on making mistake in their rulings. This is obvious in the case of a person who came to Salim ibn Abdullah ibn Umar and asked him about an issue.
HYPOTHETICAL FIQH
The scholars of Madrasah ahl al-Hadith will always try to find the solution for the current issues and resolved them based on the text available. They will not try to act pro-actively by finding the solutions for hypothetical matters, which has not happened and for the most part, the Fiqh of this Madrasah (school) was practical and based on real problems. On the contrast, the Fiqh of Madrasah ahl al-Ray developed along hypothetical lines. Problems were invented and variations of existing situations guessed at, then imaginary solutions were worked out and recorded. In their discussions they often used the phrase, "What if it was like this?" and thus they were also nicknamed the (araitiyyin) or the one who always say: Whaf if?
Al-Basrah
- Abu Musa al-Ashari
[Muhammad ibn Sirin, Hasan al-Basri]]
40
Al-Kufah
Al-Madinah
Madrasah ahl al-Hadith Abdullah ibn Umar + Abdullah ibn Abbas
[Mujahid, Ata ibn Abi Rabah, Tawus ibn Kisan]
41