INTRODUCTION To say usul al fiqh is one of the most challenging sciences will not be an overstatement.

Those who become proficient in this science undoubtedly become an inch closer to the lofty status of a mujtahid. Usul al-fiqh concentrates on the procedures by which legal rules may be deduced from the source materials of the Shariah. The sources of shariah are of two kinds: revealed and non-revealed. Whereas the former provide the basic evidence and indications from which detailed rules may be derived, the latter provide the methodology and procedural guidelines to ensure correct utilization of the source of evidence. The words Usul al fiqh are composed of two words: Usul and fiqh. Usul is the plural of asl, which is commonly translated as foundation, root or origin. Fiqh is translated as jurisprudence. Hence, Usul al fiqh will be translated as the foundations of fiqh or the origins of fiqh.To deduce the rules of fiqh from the indications that are provided in the sources is the expressed purpose of usul al-fiqh. To say that usul al-fiqh is the science of studying the sources as well as the methodology of the law is accurate. The Quran and Sunnah constitute the
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sources as well as the subject matter, to which the methodology of usul al-fiqh is applied. Despite the initial resistance that it encountered, the traditionists position steadily gained ground at the expense of the influence of the ancient schools of law in the second century after the death of the Prophet. The ancient schools did not disappear but adapted in differing degrees to the new trends in legal thought. It is in the second century AH (ninth century CE) that the foundations were laid for the development of what were subsequently to become the classical Shariah schools. Each school came to be referred to by the name of an eponymous founder, but it should be noted that the views of the scholars who gave their names to schools did not always prevail among their immediate disciples, much less among their later followers. The science of fiqh developed the development of Shariah principle which seriously relied on the Quran and together with ijma on Shariah. They are much relied on the tradition of the prophet and in so doing, the tradition which said:

Hold fast to my sunnah and the sunnah of the kalafa2

Arrashidun. They are the best of the generation i.e the generations of sahaba, then understanding of islam is higher.

They had the best understanding of the Quran. They know all the occasion and reasons upon which the verses of the holy Quran were revealed and had serial contacts with the prophet (S.A.W.). So for these reasons, the Fraqaha or Ijma of the Sahaba are highly regarded. Note that it is not all the categories of the opinion of sahaba that scholars subject to ijtihad opinion. Some opinions are out rightly accepted by the scholars. The perception therefore, in relation to such issues by the sahaba differs and the same perception brought about the difference in opinion among the Islamic fuqaha. Even among the sahaba, there are three categories:

1. Kulafa-Arrashidun 2. The learned among the sahaba such as Abu Hurraira and others.

3. The others. Algazali observed that whenever there are differences among the opinions, the opinions of the kulafa arrashidun was the most acceptable and where the Kulafa-Arrashidun different in opinion on the same issue of the opinion of Abubakar and Umar.The faqaha emerged immediately to the companion, the companion is to say most of them and not of all them are tabuun and the little doubt in the above statement has a result of the fact that it is very difficult to draw an accurate line of demarcation between the period of the first faqaha. The early faqaha have agreed on the sunnah been the second to thje holy Quran as a sources of law. They strongly rely on the opinion that says: Whoever obeys the messenger is obey Allah.

Hanafism Imam Abu Hanifah al-Numan b. Thabit (80 - 148 AH),

The Hanafiyyah School is the first of the four orthodox Sunni schools of law. It is distinguished from the other schools through its placing less reliance on mass oral traditions as a source of legal knowledge. It developed the exegesis of the Qur'an through a method of analogical reasoning known as Qiyas. It also established the principle that the universal concurrence of the Ummah (community) of Islam on a point of law, as represented by legal and religious scholars, constituted evidence of the will of God. This process is called ijma', which means the consensus of the scholars. Thus, the school definitively established the Qur'an, the Traditions of the Prophet, ijma' and qiyas as the basis of Islamic law. In addition to these, Hanafi accepted local customs as a secondary source of the law. HISTORY The Hanafi School of law was founded by Nu'man Abu Hanifah (d.767) in Kufa in Iraq. It derived from the bulk of the ancient school of Kufa and absorbed the ancient school of Basra.
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Abu Hanifah belonged to the period of the successors (tabi'in) of the Sahabah (the companions of the Prophet). He was a Tabi'i since he had the good fortune to have lived during the period when some of the Sahabah were still alive. Having originated in Iraq, the Hanafi School was favoured by the first 'Abbasid caliphs in spite of the school's opposition to the power of the caliphs.The privileged position which the school enjoyed under the 'Abbasid caliphate was lost with the decline of the 'Abbasid caliphate. However, the rise of the Ottoman Empire led to the revival of Hanafi fortunes. Under the Ottomans the judgmentseats were occupied by Hanafites sent from Istanbul, even in countries where the population followed another madhhab.Consequently, the Hanafi madhhab became the only authoritative code of law in the public life and official administration of justice in all the provinces of the Ottoman Empire. Even today the Hanafi code prevails in the former Ottoman countries. It is also dominant in Central Asia and India. There are no official figures for the number of followers of the Hanafi School of law. It is followed by the vast majority of people in the Muslim world. Main Centre: The school has no headquarters as such. It is followed by the majority of the
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Muslim population Of Turkey, Albania, the Balkans, Central Asia, Afghanistan, Pakistan, China, India and Iraq. Al-Madh'hab Al-Hanafi Al-Madh'hab Al-Hanafi was the product of the Fiqh rules and regulations as taught by Abu Hanifa. As in other Islamic Schools of Thought Abu Hanifa's Fiqh deals with tawhid, elements of faith, elements of worship(pillars of Islam), the halal and haram, ethics, dealing with other people (Mu'aamalat).

FEATURES of Al-Madh'hab Al-Hanafi The Al-Hanafi School of Thought tends to put more emphasis on Qiyas (Analogy) and Raa'y (personal opinion) than an emphasis on Hadith choices, and the deductions there from. It does not acknowledge the Imamah of Ahlul Bayt. The Hanafi School of Thought began its popularity in the last quarter of the second century Hijrah.

ABU HANIFA ( HEAD OF AL-MADH'HAB AL-HANAFI: 80H-150H )

Abu Hanifa was born in 80H, grew up to be brilliant and inquisitive; he was a good business man, in charge of an enterprise dealing in the silk industry. He was the employer of many men, managing his enterprise in Kufa well. Abu Hanifa's keen interest in researching Islamic sciences led him to Basrah many times. At first both Al-Hasan Al-Basri and Abu Hanifa were associated with Murji'ah philosophy but later on Abu Hanifa dissociated himself from the movement. During his youth Abu Hanifa visited Hijaz to have a dialog with Imam Muhammad Al-Baaqir (the father of Al-Saadiq). The brother of Al-Baaqir, Zaid Ibn Ali, was revered for his Islamic learning. Zaid Ibn Ali revolted against the oppression of Benu Umayya government in 121H, and Abu Hanifa encouraged people to join and support Zaids revolt. Once the revolt was put down, the 41 year old Abu Hanifa was put in jail because of his support of Zaid. Shortly after, Abu Hanifa escaped from jail and left for Medina to join Al-Saadiq's discourses and teachings at the Institute of Ahlul Bayt.

Abu Hanifa's experience was unique at the Institute, whereby his tutoring took two years. He referred to those years saying: Were it not for the two years, Abu Hanifa would have gone astray, for such was the Institute's influence on his views, Fiqh, analogy, and the manner of thinking. Abu Hanifa was a lover of Ahlul Bayt, and he supported the revolts lead by their devotees. Besides his support of the revolt by Zaid Ibn Ali against Benu Umayya (when as a result Abu Hanifa was put in jail), Abu Hanifa also supported the revolt lead by Muhammad Dhul Nafs Al-Zakiya and his brother Ibrahim, against Benu Abbas during the Khilaafah of Al-Mansoor. Abu Hanifa urged people to join and participate in the revolt saying: He who is killed fighting on the side of Muhammad Dhul Nafs Al-Zakiya will be parallel to the one who has fought in Badr Battle against the infidels. When his writings were later discovered, Abu Hanifa became a suspect in the eyes of Khalifa Al-Mansoor. At a later
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time, and in a move to discredit Al-Saadiq, Khalifa Al-Mansoor asked Abu Hanifa to quiz Al-Saadiq with forty Fiqh most complex queries. Though obliging to Al-Mansoor's dictates, Abu Hanifa became mesmerized by Imam Al-Saadiq's answers to the queries and he acknowledged the uniqueness of the Imam in knowledge. Consequently, Al-Mansoors move to discredit Al-Saadiq misfired, discrediting himself instead. Abu Hanifa had tutored 36 students to become scholars in Islam. Particularly famous among them were Ibn Al-Hudhayl, Abu Yusuf, Muhammad Al-Sheybani, and Al-Lu'lu'i. Though 3 years older than Al-Saadiq, Abu Hanifa died in 150AH two (2) years after Al-Saadiq's death. Abu Hanifa is claimed to have died in prison or soon after he was released, because of poisoning by Khalifa Al-Mansoor. It is thought that Khalifa Al-Mansoor had put the aging Abu Hanifa in jail because of either not agreeing with Al-Mansoor's dictates, or that Al-Mansoor discovered the support Abu Hanifa gave to the revolt by Muhammad Dhul Nafs Al-Zakiya who was devotee of Ahlul Bayt. If this was true then Abu Hanifa died in support of the cause of Ahlul Bayt against oppression.

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HIGHLIGHTS of Al-Madh'hab Al-Hanafi Al-Madh'hab Al-Hanafi took off after Abu Hanifa died in 150H. Of his close followers some stand out in spreading the Fiqh. The main ones are Abu Yusuf, Muhammad Sheybani, and Al-Lu'lu'i. Abu Yusuf was the Chief Justice appointed during the times of Khalifa Al-Mahdi, then Khalifa Al-Haadi, then Khalifa Al-Rasheed. The last was grateful to Abu Yusuf for he was the main influence in favor of the Al-Rasheed for the Khilaafah; therefore Abu Yusuf was elevated to be the Supreme Justice. Meanwhile Abu Yusuf, with full support of the powers of the government, appointed to the Justice Department only those who acknowledged the Hanafi Fiqhall others had either to change their Madh'hab or lose their job. Abu Yusuf had his own interpretation of the Hanafi Fiqh, and he wrote some books about the Madh'hab. His close student was Al-Sheybani, who had not reached his twenties when Abu Hanifa died. Al-Sheybani was a good writer, and he wrote a good many books about the teachings of Abu Hanifa, thus making the biggest contribution to the Hanafi Madh'hab. Like Abu Yusuf, Al-Sheybani had his personal views and Fiqh points, and he
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expressed them when he wrote the Hanafi Fiqh. Al-Sheybani also studied under Malik Ibn Anas for 3 years and was affected by his methodology, thus he introduced Malik's method of Hadith selection in the emerging Hanafi Madh'hab. The promotion of the Hanafi Fiqh by the government powers over an extended period of time popularized the Madh'hab; thus the Hanafi Madhhab slowly became mainstream. Unlike the Ja'fari Fiqh (which was adamantly independent of the government), the Maaliki and by now the Hanafi Madh'habs were eagerly embraced and espoused by the government in a move as a counterweight to the Ja'fari Fiqh, (that of Ahlul Bayt), because these two conformed to the policies and practices of the government. Hanafi School (Al-Madhab al-Hanafi) The Hanafi school, founded by Imam Abu Hanifah alNuman b. Thabit (80 - 148 AH), was the first to acquire widespread popularity. The first scholar to pay allegiance to this school of thought was Abul Abbas al-Saffah who was the leader of the revolution against the Umayyah dynasty and the founder of the Abbasid Empire. Other scholars and jurists (fuqaha) also

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joined him in the hope that a just government would rise and implement the sunnah of the Prophet and save the Muslim ummah from the tyranny of the Umayyah dynasty. However, Abu Hanifah soon realized that the Abbasid were not sincere in their call to establish the Islamic sharia (law) and Islamic government, and so he distanced himself from the government and refused to accept the formidable position of leadership in the judiciary system (al-qada) during the time of al-Mansur al-Abbasi. Al-Mansur tried to bring Abu Hanifah to his side, but he refused and was then imprisoned, and according to some accounts even tortured. Some historians have also reported that the Abbasid eventually poisoned Abu Hanifah. Nonetheless, the Abbasid government succeeded in attracting two of the most prominent students who had studied directly under Abu Hanifah: Abu Yusuf al-Qadi and Muhammad b. al-Hasan al-Shaybani. Abu Yusuf joined the Abbasid government during the reign of al-Mahdi al-Abbasi in the year 158 AH. He continued working for them during the rules of al-Hadi and alRashid and wrote several works on jurisprudence, one of the most noteworthy being Kitab al-Kharaj, which he wrote at the request of the caliph Harun al-Rashid.He enjoyed an intimate
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relationship with the ruling powers, and through this, they supplemented the salary they paid him with gifts and lavish invitations, enabling him to lead an extravagant life for that time. The other student, Muhammad b. al-Hasan al-Shaybani, assumed leadership of the judiciary system (al-qada) during the time of Harun al- Rashid. He wrote many thesis in jurisprudence (fiqh), including Jami al- Sagheer, which he narrated from Abu Yusuf al-Qadi, Abu Hanifah, and Jami al-Kabeer.29 Undoubtedly, the government played a central role in promoting the Hanafi school of thought because of Abu Yusuf al-Qadi and Muhammad b. al-Hasan al-Shaybani, and particularly since the position of judiciary leadership that the latter took, was central in promoting the jurisprudence (fiqh) of a particular school of thought. Regarding this issue, Ibn Hazm says: Two schools of thought were promoted and spread in the beginning of their emergence by leadership (riyasah) and the government (sultanah).The first was the Hanafi school of thought; since Abu Yusuf al-Qadi was declared the leader of the high court, he employed people only from his school of thought.

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The second school of thought that was supported by the government was the Maliki school of thought. Along the same line, al-Dahlawi says: Any school of thought whose leaders are famous and who assumed the positions of judiciary leadership (qada) and authority (ifta or the fatwa) will spread among the lands and expand day after day. Conversely, the people will not know any school of thought whose leaders did not assume the position of judiciary leadership and authority, and they will die out in the future.From this, it is clear that the expansion of a school of thought at that time, hinged on the government. The government in turn, supported the schools of thought because of their willingness to compromise Islamic principles in favor of the government, and so a reciprocal relationship developed between the government and the propagators/propounders of the schools of thought who used the judiciary positions (the position of qadi) that they were appointed to, to spread their ideologies to the masses.

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Maliki School Imam Malik b. Anas (93 - 179 AH) Malikiyyah is the second of the Islamic schools of jurisprudence. The sources of Maliki doctrine are the Qur'an, the Prophet's traditions (hadith), consensus (ijma'), and analogy (qiyas). The Malikis' concept of ijma' differed from that of the Hanafis in that they understood it to mean the consensus of the community represented by the people of Medina. (Overtime, however, the school came to understand consensus to be that of the doctors of law, known as 'ulama.) Imam Malik's major contribution to Islamic law is his book alMuwatta (The Beaten Path). The Muwatta is a code of law based on the legal practices that were operating in Medina. It covers various areas ranging from prescribed rituals of prayer and fasting to the correct conduct of business relations. The legal code is supported by some 2,000 traditions attributed to the Prophet.

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History Malikiyyah was founded by Malik ibn Anas , a legal expert in the city of Medina. Such was his stature that it is said three 'Abbasid caliphs visited him while they were on Pilgrimage to Medina. The second 'Abbasid caliph, al-Mansur (d.775), approached the Medinan jurist with the proposal to establish a judicial system that would unite the different judicial methods that were operating at that time throughout the Islamic world.The school spread westwards through Malik's disciples, becoming dominant in North Africa and Spain. In North Africa Malikiyyah gave rise to an important Sufi order, Shadhiliyyah, which was founded by Abu al-Hasan, a jurist in the Malikite School, in Tunisia in the thirteenth century. During the Ottoman period Hanafite Turks were given the most important judicial in the Ottoman Empire. North Africa, however, remained faithful to its Malikite heritage. Such was the strength of the local tradition that qadis (judges) from both the

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Hanafite and Malikite traditions worked with the local ruler. Following the fall of the Ottoman Empire, Malikiyyah regained its position of ascendancy in the region. Today Malikite doctrine and practice remains widespread throughout North Africa, the Sudan and regions of West and Central Africa. AL-MADH'HAB AL-MAALIKI Al-Madh'hab Al-Maaliki was the product of the Fiqh (rules and regulations) as taught by Malik Ibn Anas. As in other Islamic Schools of Thought Maalik's Fiqh deals with tawhid, elements of faith, elements ofworship (pillars of Islam), the halal and haram, ethics, dealing with other people (Mu'aamalat).

FEATURES of Al-Madh'hab Al-Maaliki The Maaliki School of Thought tends to emphasize the authenticity of the Hadith , the care in its selection, and the deductions there from. It also used some degree of Qiyas (Analogy) and Raa'y (Personal opinion). It does not acknowledge the Imamah of Ahlul Bayt. Malik Ibn Anas was supporter and a proponent of Ahlul Hadith. The Maaliki School
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of Thought began its popularity in the last quarter of the second century AH.

MALIK IBN ANAS Head of Al-Madh'hab Al-Maaliki (93-179AH) Born in 93AH Malik Ibn Anas grew up at a time when the Fiqh of the Shari'ah was flourishing and Ahlul Bayt had a greater leeway to explain its detail since Benu Umayya's grip on power was waning. Malik Ibn Anas attended many of the discussion assemblies Imam Al-Saadiq was giving. Malik Ibn Anas was 10 years younger than Al-Saadiq, and lived to the ripe age of 86, when he died in 179H. Like Imam Al-Saadiq, Malik spent all his time in Medina. It is claimed that Malik Ibn Anas was a firm supporter of Ahlul Bayt and their cause. Malik gave full support to Muhammad Dhul Nafs Al-Zakiya when he revolted against the oppression of Benu Abbas in 144H. In 146H, because of that support (or because of some disagreement with the government) Malik Ibn Anas was arrested by the governor of Medina and

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lashed 50 times. That resulted in damaging his left arm which remained crippled the rest of his life. Malik Ibn Anas lived at a time when forgeries of the Hadith were widespread. Therefore he took great care in selecting authentic Hadiths, as a result his popularity began to increase. Many people started to quote him and study at his hand. At the same time however, Khalifa Al-Mansoor was ever anxious to build forces to counteract the profound influence of the school of Ahlul Bayt. In 153H Al-Mansoor approached the 60 year old Malik Ibn Anas offering him a position to be Supreme Justice over Medina and Hijaz, but with a request for Malik to write a book in Fiqh, so that Al-Mansoor would enforce it over the whole Ummah. Al-Mansoor had one more request, however, that the book not mention even once the name of Imam Ali. Malik Ibn Anas agreed, sensing that his book, as supported by the government, would have immediate success. However, the down-side to this was not mentioning Ali, but that would be the price to be paid against the advantage of spreading his Islamic knowledge. The result was the book called Al-Mu'watta'. The Fiqh in Mu'watta' was later known as Fiqh of Malik Ibn Anas. It was
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spread and patronized by many rulers of Benu Abbas, and especially in Andalusia (Spain), North Africa, and some parts of Middle East. Malik Ibn Anas became the official high powered Supreme Judge for a long time. He was sponsored and patronized by Khalifa Al-Mansoor, then Khalifa Al-Mahdi, then Khalifa Al-Haadi, then (and especially so) by Khalifa Al-Rasheed. This support was done not due to what this Fiqh deserved but mainly as a counterweight against Ahlul Bayt and their enormous influence in the society. Many Books were published as commentaries about Al-Mu'watta' and the school of Maaliki became one of the survivors of the many Islamic Schools of Thought at the time. What was crucial to its survival (besides its dynamism) was the official support and encouragement of the Abbasi government to spread it as far as possible. Historically during this period there were many Schools of Thought ofgreater depth than the Maaliki, which even continued for a century or two but eventually died out because they insisted to be independent of government influence, therefore the government did not support them, thus leading to their demise.
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Maliki School of Thought (Al-Madhab al-Maliki)

Once Al-Mansur al-Abbasi failed to sway Abu Hanifah to his side, he turned his attention towards Imam Malik b. Anas (93 - 179 AH) and proposed that the body of Islamic knowledge unify under one definitive book and set of guidelines, rather than be split among several schools of thought, as was the case at that time. He encouraged Imam Malik to write al-Muwatta (the book that Imam Malik is well-known for). History says: Al-Mansur spoke to al-Malik around 150 AH and encouraged him to write Fiqh al-Muwatta. He told him, Put down this knowledge in writing, and try to avoid the eccentricity (shawad) of Ibn Abdullah al- Masud, the leniency (rukhsah) of Ibn Abbas, and the harshness (shadaid) of Ibn Umar. Be moderate in this fiqh and write whatever the majority of the imams and sahabah agree upon, and we promise you that we will bring all the people to follow your school of thought, and your fiqh and

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your knowledge, and we will spread and promote your book in the provinces and states, and we will ask the people not to oppose it, and they will not give judgments other than those in accordance with your books. Imam Malik spent approximately 11 years writing alMuwatta, and his book eventually became the definitive legal text of the Abbasid state. The Abbasid rulers in turn, exhibited the utmost respect towards Imam Malik to the extent that Harun al-Rashid would stand whenever he saw Imam Malik, and then sit on the floor in front of him to listen to what he had to say. Through his open support of al-Mansur, Imam Malik alienated his teacher Rabiat al-Rai who refused to compromise his principles for the government and then parted company with Imam Malik. Imam Malik continued to support the Abbasid government beyond the reign of al-Mansur into the time of al-Mahdi alAbbasi. Just like al-Mansur, al-Mahdi al-Abbasi succeeded not in winning over the support of the Hanafi school of thought, but to entice two of Abu Hanifahs most famous students (as mentioned above). At the same time, as they fostered the growth of the Maliki movement, the Abbasid also attempted to suppress the school of
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Ahlul Bayt. Not only were the ideas of Ahlul Bayt school threatening, but its leaders were also popular, such as Imam Jafar al-Sadiq. The sixth Imam of the Shia school of thought, who had nearly 4,000 students attending his classes. Like the other Imams from Ahlul Bayt, Imam al-Sadiq was put under house arrest and later imprisoned. Only after methods of intimidation and coercion to halt the spread of his teachings failed, did the Abbasid attempt to counter his ideas by creating another intellectual entity to compete with him, in this case, the promotion of the Hanafi and Maliki schools of thought.As it is said, people tend to follow the religion of their leaders; therefore, the ideological path that the Abbasid government was laying out was rudimentary for the people to follow. Still, like the rest of the imams of Ahlul Bayt, Imam al-Sadiq gave up his life at the hands of the ruling power for his unwavering resistance to compromise the principles of Islam.

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Hanbali School (Hanbaliyyah) Imam Ahmad b. Hanbal (165 - 240 AH) The Hanbali School is the fourth orthodox school of law within Sunni Islam. It derives its decrees from the Qur'an and the Sunnah, which it places above all forms of consensus, opinion or inference. The school accepts as authoritative an opinion given by a Companion of the Prophet, providing there is no disagreement with anther Companion. In the case of such disagreement, the opinion of the Companion nearest to that of the Qur'an or the Sunnah will prevail. History: The Hanbali School of law was established by Ahmad ibn Hanbal (d.855). He studied law under different masters, including Imam Shafi'i (the founder of his own school). He is regarded as more learned in the traditions than in jurisprudence. His status also derives from his collection and exposition of the hadiths. His major contribution to Islamic scholarship is a
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collection of fifty-thousand traditions known as 'Musnadul-Imam Hanbal'. In spite of the importance of Hanbal's work, his school did not enjoy the popularity of the three preceding Sunni schools of law. Hanbal's followers were regarded as reactionary and troublesome on account of their reluctance to give personal opinion on matters of law, their rejection of analogy, their fanatic intolerance of views other than their own, and their exclusion of opponents from power and judicial office. Their unpopularity led to periodic bouts of persecution against them.The later history of the school has been characterized by fluctuations in their fortunes. Hanbali scholars such as Ibn Taymiyya (d.1328) and Ibn Qayyim al-Jawzia (d.1350), did display more tolerance to other views than their predecessors and were instrumental in making the teachings of Hanbali more generally accessible. From time to time Hanbaliyyah became an active and numerically strong school in certain areas under the jurisdiction of the 'Abbassid Caliphate. But its importance gradually declined under the Ottoman Turks. The emergence of the Wahabi in the nineteenth century and its challenge to Ottoman
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authority enabled Hanbaliyyah to enjoy a period of revival. Today the school is officially recognised as authoritative in Saudi Arabia and areas within the Persian Gulf.

AL-MADH'HAB AL-HANBALI Al-Madh'hab Al-Hanbali was the product of the Fiqh (rules and regulations) as taught by Ahmad Ibn Hanbal. As in other Islamic Schools of Thought Ahmad Ibn Hanbal's Fiqh deals with tawhid, elements of faith, elements of worship (pillars of Islam), halal and haram, ethics, dealing with other people (Mu'aamalat).

FEATURES of Al-Madh'hab Al-Hanbali Unlike other Sunni Madh'habs, Al-Hanbali's School of Thought has almost no use for Qiyas (Analogy) or Raa'y (personal opinion), to such an extent that they even prefer narration of weak Hadith over Qiyas or Raa'y. It emphasizes taking the Hadith literally (blindly) to such an extent that they were
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called As'haab Al-Hadith. Ahlul Hadith were known long time before, but As'haab Al-Hadith was the result of its evolution. Also like other Sunni Madh'habs, Al-Hanbalis do not acknowledge the Imamah of Ahlul Bayt, though Ibn Hanbal was very supportive of Ahlul Bayt. Al-Hanbali School of Thought began its ascendancy with the full patronage of Khalifa Al-Mutawak'kil around 235AH, but it never became widely spread. Head of Al-Madh'hab Al-Hanbali ( 164H-241H)

IBN HANBAL:

Ibn Hanbal was born in 164H in Baghdad at the height of expansion of the Islamic sciences and the glory of its culture. He was an astute and highly intellectual person with distinguished reputation. Ibn Hanbal grew up as an orphan, began his quest for Islamic learning at the age of 15, he learned at the hands of Abu Yusuf for a while, then Al-Shafi'i. In 186H the 22 year old Ibn Hanbal traveled to Hijaz, Basrah, Kufa, and Yemen in quest of learning though he was in poor financial straits. He learned at the hands of, Ibn U'yainah, Al-Zuhri, and Jarir Ibn

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Abdul Hamid among other outstanding scholar students of Imam Al-Saadiq. By the age of 50 Ibn Hanbal witnessed severe crushing measures by the Mu'tazila toward those who did not agree with their views that the Quran was Makhlooq (created piecemeal by Allah) according to the need of the time. As'haab Al-Hadith believed the opposite, that the Quran was whole and part and parcel of Allah. As a result, suppression by the Mu'tazila fully supported by the Khalifas (Al-MaMoon, Al-Mu'tasim, and Al-Waathiq) continued for about 20 years. It was a brutal suppression of any intellectual who did not agree with their view, and As'haab Al-Hadith became the culprit for decades. In 218AH along with many others, Ahmad Ibn Hanbal was arrested and was to be executed by Khalifa Al-Ma'Moon because he stuck to his own conviction and did not agree with the Mu'tazila point of view. It so happened that Al-MaMoon died on an expedition just before he was to give the verdict for the execution of Ibn Hanbal. The following Khalifa, AlMu'tasim, had Ibn Hanbal in jail, interrogated him about his

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conviction, lashed him 38 times, but somehow he released him later from jail. The Khalifa became lenient with Ibn Hanbal since it is said that Ibn Hanbal was able to circumvent direct confrontation (though others say he was adamant in his views). As a result Ibn Hanbal's reputation skyrocketed with As'haab Al-Hadith who shared his views. He became famous later on when Khalifa Al-Mutawak'kil around 234AH took up the cause of As'haab Al-Hadith against the Mu'tazila, in a move to lure the general public to his side. Ibn Hanbal became the symbol of As'haab Al-Hadith resistance to Mu'tazila orthodoxy. While Khalifa Al-Mutawak'kil was the nemesis of Mu'tazila, he included the devotees of Ahlul Bayt as archenemy too. A period of unparalleled persecution and killing began to take place, as a result of which the Mu'tazila intellectuals all but vanished. With the cooperation of As'haab Al-Hadith a new phase of bloodshed began to take shape against any members or sympathizers of Ahlul Bayt too. Al-Mutawak'kil took them as a grave threat to his rulership, and he unleashed brutal and very harsh measures to anyone suspected of being loyal to Ahlul Bayt. These measures were to such an extent, that against the
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Shi'a there unfolded theNaasibi, (people who earned their living by making perverted stories and pernicious poems in denouncing and damning the Shi'a). Despite this, Ibn Hanbal was brave and outspoken in support of Ahlul Bayt. He was fearless and undaunted by the attitude of the Khalifa or the people around. He even narrated more Hadiths of the Prophet (pbuh) on behalf of Ahlul Bayt than most of the Sihaah. Al-Sittah, for such were his courage, virtue and nobility. And despite the fact that Al-Mutawak'kil was supporting him with 4,000 dirham every month and the auspicious attention he was giving him, Ibn Hanbal was uncomfortable of the association with the Khalifa, to the extent that he evaded and refrained from the bond. Ibn Hanbal would accept the gifts from the Khalifa but would distribute them secretly to the poor. Ibn Hanbal was a highly learned scholar in Hadith. He wrote the books of Manasik, (the major and the minor), but his distinction goes more toward the Mus'nad of Ibn Hanbal This book was not quite finished when Ibn Hanbal died at the age of 77, and the task of editing, reviewing, and completing it fell in the hands of his son Abdullah. Mus'nad Ibn Hanbal contained 40,000 Hadiths, of which 10,000 were repetitions, and a good
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many others were weak. It also contained many fabricated Hadiths that Ibn Hanbal did not put originally. Ibn Hanbal claimed that he selected the Hadiths from among 750,000 circulating Hadiths at his time, the overwhelming majority of which were fake. As'haab Al-Hadith took any Hadith literally [blindly] without giving due regard to the circumstances in which it was said nor its inner meaning. Unfortunately As'haab Al-Hadith abused much of the power at their hands and the destruction of life or property caused by them was instrumental in enraging the general public for a long time, becoming one of the reasons of the limited spread of this school of thought.

HIGHLIGHTS of Al-Madh'hab Al-Hanbali Under Ibn Hanbal many students learned his Fiqh and became famous later on. Chiefly they were Al-Athram, Al-Maroozi, Al-Harbi, Abdullah Ibn Hanbal, and Salih Ibn Hanbal. They were very active in teaching the Hanbali Madh'hab afterwards though this school of thought never spread extensively.

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Hanbali School of Thought (Al-Madhab al-Hanbali) Imam Ahmad b. Hanbal (165 - 240 AH) was born in Baghdad. At the age of fifteen, he embarked on journeys to different countries to meet with various scholars. While in Baghdad, he studied under Imam al-Shafii, who inspired him considerably, and Abu Yusuf al-Qadi. At the time, there were two competing schools: madrasah al-athar (the school focusing on texts) and madrasah al-ra'i wal-qiyas (the school based on opinion and analogy), and Ibn Hanbal favored the former. Although like other scholars, he too relocated to Hijaz, however he was not as well known as the leaders of the other schools of thought because most considered him to be a muhaddith (narrator of hadith) instead of a genuine faqih (jurist). Ibn Hanbal was a strong advocate of the Abbasid government and when al-Mutawakil came to power in 232 AH, he tortured the Alawiyin and fiercely opposed the school of Ahlul Bayt, but he paid Ibn Hanbal a handsome
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salary of 4,000 dirhams, and invited him to Samarra to obtain blessings from his presence.38 Ahmad b. al-Hanbal wrote his famous work Musnad Ahmad b. Hanbal under the reign of al-Mutawakil and passed away while al-Mutawakil was still in power. His case was similar to that of Imam al-Malik, whose ideas were also propagated by the Abbasid caliphate, and the Abbasid promoted both of their schools of thought.

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Shafi'i School Imam Muhammad b. Idris al-Shafii (150- 206 AH) Shafi'iyyah was the third school of Islamic jurisprudence. According to the Shafi'i school the paramount sources of legal authority are the Qur'an and the Sunnah. Of less authority are the Ijma' of the community and thought of scholars (Ijitihad) exercised through qiyas. The scholar must interpret the ambiguous passages of the Qur'an according to the consensus of the Muslims, and if there is no consensus, according to qiyas. History: The Shafi'iyyah school of Islamic law was named after Muhammad ibn Idris al-Shafi'i (767-819). He belonged originally to the school of Medina and was also a pupil of Malik ibn Anas (d.795), the founder of Malikiyyah. However, he came to believe in the overriding authority of the traditions from the
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Prophet and identified them with the Sunnah. Baghdad and Cairo were the chief centres of the Shafi'iyyah. From these two cities Shafi'i teaching spread into various parts of the Islamic world. In the tenth century, Mecca and Medina came to be regarded as the school's chief centres outside of Egypt. In the centuries preceding the emergence of the Ottoman Empire the Shafi'is had acquired supremacy in the central lands of Islam. It was only under the Ottoman sultans at the beginning of the sixteenth century that the Shafi'i were replaced by the Hanafites, who were given judicial authority in Constantinople, while Central Asia passed to the Shi'a as a result of the rise of the Safawids in 1501. In spite of these developments, the people in Egypt, Syria and the Hidjaz continued to follow the Shafi'i madhhab. Today it remains predominant in Southern Arabia, Bahrain, the Malay Archipelago, East Africa and several parts of Central Asia.

Adherents There are no figures for the number of followers of the school. It has some adherents in the following countries: Jordan,
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Palestine, Syria, the Lebanon and Yemen. It has a large following in the following countries: Egypt, Indonesia, the Philippines, Brunei, Singapore, Thailand, Sri Lanka, the Maldives, and among the Kurdish people.

AL-MADH'HAB AL-SHAFI'I Al-Madh'hab Al-Shafi'i was the product of the Fiqh (rules and regulations) as taught by Ibn Idrees Al-Shafi'i. As in other Islamic Schools of Thought Al-Shafi'i's Fiqh deals with tawhid, elements of faith, elements of worship(pillars of Islam), halal and haram, ethics, dealing with other people (Mu'aamalat).

FEATURES of Al-Madh'hab Al-Shafi'i Al-Shafi'i School of Thought stands in-between the Maaliki and Hanafi Madh'habs in that it uses some of the ways of Al-Maaliki Madh'hab and some of the Hanafi, i.e. less in the way of Qiyas (Analogy) and Raa'y (personal opinion). It excels in the technique of Istin'baat (deductive reasoning) for reaching a Fiqh verdict. Like other Sunni Madh'habs, Al-Shafi'i's do not

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acknowledge the Imamah of Ahlul Bayt, though all of them were supportive of Ahlul Bayt. The Al-Shafi'i School of Thought began its popularity around 190A?H and picked up steam in the century that followed.

IBN IDREES AL-SHAFI'I Head of Al-Madh'hab Al-Shafi'i: 150H-204H Al-Shafi'i was born in 150H, the same year in which Abu Hanifa died. He was from Quraish, a bright student with a dazzling personality. An orphan, Al-Shafi'i was cared for by his mother who brought him to Mecca when 10 years old. He joined Hudhayl tribe for 17 years (in the desert) to learn the flawless command of Arabic, literary or expression. In his late twenties by now, Al-Shafi'i settled in Mecca where Al-Shafi'i was enticed by friends to study Fiqh. Thus he joined Al-Zinji, learning at his and other scholars' hands. In his thirties Al-Shafi'i left for Medina to study at the hands of the aging Malik Ibn Anas, where he became very close to him. Malik even took care of the living expenses of Al-Shafi'i for 4 years until Malik died. Al-Shafi'i also studied at the hands of several of Imam

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Al-Saadiq's disciples such as Ibn U'yainah, Abu Ishaaq Al-Madani, Al-Zuhri, and Ibn Al-Silt Al-Basri. When Malik died, Al-Shafi'i had to work in Yemen to support himself financially. He was vocal against the harsh rule of the governor of Yemen. It is said that in a move to get rid of him, the governor wrote mischievous accusation about Al-Shafi'i to Khalifa Al-Rasheed. As a result, in 184H and along with 8 other people, Al-Shafi'i was taken to Baghdad chained and bound in fetters. He was closely questioned by the enraged Al-Rasheed, but Al-Shafi'i's eloquence and convincing manners were such that Al-Rasheed forgave him and set him free. The other 8 were not so lucky, for they could not defend their innocence that well, and were decapitated as per orders of the irrational Khalifa. (The Shafi'i was accused of loving Ahlul Bayt, since loving Ahlul Bayt was in opposition to the Khalifa policy or other Abbasi rulers, who posed as enemy No. 1 to Ahlul Bayt.) Al-Shafi'i stayed in Baghdad where he joined the circle discussion headed by Al-Sheybani (who was a student of Abu Yusuf and Abu Hanifa). Al-Shafi'i contested and debated with Al-Sheybani in his circle discussions, then began his own

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discussion assembly, giving If'taa' (Fiqh edicts). Both he and Al-Sheybani were active in writing books at the same time, though the Maaliki scholars at the time paid little attention to either of them. It is said that Al-Shafi'i studied under a total of 19 scholars. Al-Shafi'i became quite popular in Baghdad, but he visited Egypt, which was the Maaliki strong hold at the time. In 198H, the 48 year old Al-Shafi'i left Baghdad again, for good, with an endorsement from the Khalifa. He was accompanied by the new governor to Egypt, and stayed as a guest with an eminent family in Egypt, whereby he started his own circle discussion and gave If'taa'. This time he stayed in Egypt for about 6 years. Al-Shafi'i is said to have written several books, and the book of Al-Umm in 6 volumes is contributed to him, though after probing and research it was claimed to have been written by his disciples (Al-Bu'waiti and Al-Rabii). As Al-Shafi'i became popular in Egypt, his discussion assembly attracted more and more students. He differed with Al-Maaliki and Hanafi in many points, and his teachings began to have a distinct flavor. Just as his popularity was on the increase, he was beset with a long illness. At the age of 54, there came about hotly discussed
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difference between him and Maaliki adherents, especially after he criticized some Maaliki doctrines or beliefs. The matter was taken to the governor. Because of that, Al-Shafi'i was brutally attacked by the discontented Maaliki adherents, and he was hit on the head with a big iron rod (iron-key). Al-Shafi'i lost consciousness as a consequence, probably from fractured skull, and he died shortly after. Al-Shafi'i had a charming personality, a very attractive way of expression in pure Arabic, good poetry, and deep knowledge of the techniques of the various schools of thought at the time. He excelled in the criteria he put forth about Istin'baat (deductive reasoning) in reaching verdicts. Al-Shafi'i was a devotee of Ahlul Bayt to a great extent notwithstanding the government jaundiced eyes about anyone who declared any faith in them. The government took Ahlul Bayt as the enemy No. 1 solely because Ahlul Bayt rejected acknowledging the legitimacy of the rulers (Khalifa) as representing Islam. Ahlul Bayt never conformed to the policies of the rulers or their rule, thus the enmity and the collision.

HIGHLIGHTS of Shafi'i Madh'hab

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The popularity of Al-Shafi'i Madh'hab was mainly due to the consistent and hard work of the students of Al-Shafi'i, famous among them were Al-Bu'waiti and Al-Muzni , and Ibn Abd Al-A'la. As Al-Madh'hab Al-Shafi'I took roots, it gradually replaced the Maaliki Madh'hab in Egypt, then spread in Palestine and Syria, completely replacing that of Aw'zaa'i. It also spread in Iran and neighboring areas at the time. This Madh'hab was also endorsed by the governments of the time, especially that of Ayyubi. Shafii School of Thought (Al-Madhab al-Shafii) From the time of his childhood, Imam Muhammad b. Idris al-Shafii (150- 206 AH) immersed himself in the ideas of Imam Malik. He was inspired deeply by him and nearly memorized alMuwatta. Eventually he procured a letter of recommendation

from the governor of Mecca to the governor of Madinah enabling him to meet with Imam Malik, whose status was very high in Madinah during the Abbasid time. There he became a student of Imam Malik until the death of Imam Malik about nine years later. At that time, Imam Shafii fell into poverty and was

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obliged to return to Mecca.34 There, some individuals concerned about his condition, appealed to the governor of Yemen to find him an official position, and thus Imam al-Shafii was made the governor of the state of Najran in Yemen. However, during the rule of Harun al-Rashid, Imam alShafii was accused of leaning towards the Alawiyin and the school of Ahlul Bayt, and so he was brought to Baghdad, handcuffed. While he was being held as a prisoner, one of his friends, Muhammad b. al-Hasan al-Shaybani (who was also one of the primary advocates of the Hanafi school of thought for the Abbasid) interceded on his behalf and testified that al- Shafii was not on the side of Ahlul Bayt and was completely supportive of the Abbasid government. This testimony resulted in the release of al- Shafii, and as a result, he became very close to al-Shaybani and studied under him, learning the opinions (araa) of Abu Hanifah in rai (opinion) and qiyas (analogy), both of which Abu Hanifah was well known for. However, the two differed regarding Ahlul Bayt - al-Shafii was in fact sympathetic towards their cause, while al-Shaybani was not. Out of these two influences: the Maliki school (which can also be referred to as the school of athar (text)) and the Hanafi
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school, was born the Shafii school of thought. In 199 AH, Imam al-Shafii moved to Egypt along with Ibn Abdullah alAbbas, the governor of Egypt. There, his school slowly began to spread. Unfortunately, because he differed on some points with Imam Malik, Imam al-Shafii incurred the anger of many of the adherents of the Maliki school in Egypt, and they eventually rioted and killed him. It is worth noting that al-Bukhari and al-Muslim did not narrate any hadith from al-Shafii - not because he was inferior in knowledge, but because he had inclinations towards the school of Ahlul Bayt. He said that Ali b. Ali Talib had the right to leadership at the time over Muawiyah and his companions, who were the group that began the assault on Islam. He displayed love for Ahlul Bayt and the family of the Prophet and proclaimed, If anyone who loves the Ahlul Bayt is a rafidi (a rejecter of the three caliphates) then let the whole world witness that I am the first rafidi. Such statements not only led to his arrest as mentioned before, but also resulted in silencing his books of hadith.

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REFERENCES
http://islamic-laws.com/articles/sunnischools.htm http://en.m.wikipedia.org/wiki/fiqh Oxford Advanced Learners Dictionary(8th Edition) http://www.islamawareness.net/Shariah/sh_article005.html http://sunnah.org/publication/khulafa_rashideen/hanbal.html http://www.ummah.net/islam/mba/fiqhofthe4/qadir.html http://philtar.ucsm.ac.uk/encyclopedia/islam/sunni/shaf.html http://www.sunnah.org/publication/khulafa_rashideen/shafii.html http://www.usc.edu/dept/MSA/law/alalwani_usulalfiqh/ch4.html http://philtar.ucsm.ac.uk/encyclopedia/islam/sunni/hanb.html http://sunnah.org/publication/khulafa_rashideen/hanbal.html http://www.ummah.net/islam/mba/fiqhofthe4/qadir.html http://philtar.ucsm.ac.uk/encyclopedia/islam/sunni/malik.html http://ourworld.compuserve.com/homepages/Abewley/Malik.html

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http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/muwatta http://ourworld.compuserve.com/homepages/Abewley/usul.html http://philtar.ucsm.ac.uk/encyclopedia/islam/sunni/hana.html http://www.muslim-canada.org/hanifah.html http://pegasus.rutgers.edu/~burraaq/abuhanifa.html http://philtar.ucsm.ac.uk/encyclopedia/islam/sunni/shaf.html http://www.sunnah.org/publication/khulafa_rashideen/shafii.htm http://www.usc.edu/dept/MSA/law/alalwani_usulalfiq

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