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UNIVERSITI TEKNOLOGI MARA

CAWANGAN JOHOR KAMPUS SEGAMAT


FACULTY OF BUSINESS MANAGEMENT

ISB 653
ISLAMIC LEGAL MAXIM

HISTORICAL DEVELOPMENT
OF FIQH

PREPARED FOR:
Ustazah Norizan Bt Othman
ISB653 Lecturer
& Class of BMB5P1

PREPARED BY:
Nur Razilah Bt Juhari
Nor Suriani Bt Abd Manan
Nur Asikin Bt Aziz @ Abd Aziz
STAGE Ⅲ - STAGE Ⅵ

HISTORICAL
DEVELOPMENT OF
FIQH
CONTENT

Introduction
Stage 3:Building (Umayyad)
Stage 4:Flowering (Abbasids)
Stage 5:Consolidation (Ottoman Empire)
Stage 6:Stagnation (Ottoman Empire)
Conclusion
Historical Development of Fiqh
Stage III - Building
Trends :
 Increase number of
Ijtihad
 Increase narration of
hadith and fabrication
 Compilation of fiqh
Factor affecting Fiqh
Division of the Ummah

Suffered very destructive social political blow result


division of Ummah

Khawarij & Shiah develop gradually into religious sect


by developing their own particular system of Fiqh

Deviation of the Umayyad Caliphs


Introduced a number of practices which contradict with
Fiqh
e.g: bayt al-maal, music and magicians
Caliph institution was converted into hereditary
kingship result scholar refuse to sit in the caliph and
manipulation of Fiqh
Factor affecting Fiqh

Dispersion of the Ulama

Many scholars flee to avoid conflict and confusion,


cause breakdown of ijma’

New point of law became impossible to establish,


led to increase in individual ijtihad

Number of Mazhab evolved- result from arose Fiqh


in particular region
Factor affecting Fiqh

Spreading & Fabrication of hadith

Need for information grew – spreading narration of


sunnah, individual narrations

Fabricator relay some true hadith along with his


fabrication. Mixture use of report in decision making
– incorrect Fiqh evolved.

Led to beginning of compilation of hadith &


development science of hadith critics.
Characteristics of Fiqh

Ahl Al - Hadith Ahl Al- Ra’i

 Learned towards limiting  Favored the extensive use


their deductions to of deductive reasoning and
available texts ijtihad
 They felt that the various
 Make legal ruling based on
law revealed by Allah had
al-Quran and hadith identifiable reasons behind
 Center of scholar was them, whether these
Madinah reasons were identified by
Allah and prophet S.A.W.
 Center of scholar was
Kufah
Reason for Differences

Difference approaches of ahl al-hadith & ahl al-ra’i


due to political and social cultural factor

• Iraq became a virtual


melting pot of various culture
• Hijaz is the birth of and rise a great number of
Islamic state and had a situation which outside the
plenty of hadith and fatwa experience of Muslim scholar.
from 1st three hadith • Small number of hadith
• Birth place of fabrication
hadith
Compilation of Fiqh
Stage IV - Flowering

 The Abbasid era started in year 750 CE until 950 CE.


 Period of independent mujtahid, establishing mazhab, and
also compilation & codification opinion on Fiqh
 Comprise of:

Factor effecting
development of Source of
Fiqh Islamic law
Factor effecting development of Fiqh

Government Support Emergence of Mujtahidun


 Abbasid caliph support and &Spread of Debate
assist scholar in developing  Founder of major scholar
sciences of Fiqh produce
 Respect and consulted  Scholar & student from various
scholar in making decision. centers of learning began
 Caliph al-Mansur consulted journeying back & forth in
Imam Malik to allowing make search of further knowledge
al-Muwatta as state  Scholar &student would
constitution exchange thoughts on various
 But scholar opinion should not Islamic issues
ran counter to state policy.
 Punishment: divorce
Expansion of Islamic State Compilation of Sunnah

 Cause increase use of ijtihad:  Purpose: reducing the burden of


proving the authenticity of hadith
 Vast difference in cultural
in deduce the ruling of Fiqh
background of people in
 In year 99 after Hijrah, caliph
region under Islamic
empire. Umar ibn Abd al-Aziz instructed
Abu Bakar ibn Hazm to compile the
 Developed difference method
hadith of the prophet S.A.W.
of ijtihad  Abbasid period: compilation of
 People want to find &
saying of prophet and companions,
practice the Islamic solution and their view on certain issues.
on contemporary issues  2nd century Hijrah: listed based on
 Increasing in centers of narrators.
learning in major cities of  3rd century Hijrah: compilation
Islamic empire based on different topic of Fiqh
Emergence of different
Compilation of Fiqh school of Islamic law

• Began throughout the time of  4 well known Mazhabs were


prophet- instructed Sahabah to established (great imams).
compile ruling on zakat  Minor scholar of Islamic law
• Fiqh were compiled on a wide were founded but vanished
scale& in a systematic fashion later on.
during this period.
 E.g: al-awza’I, ibn abi layla$
• Some scholar personally
compiled their own rulings &
some dictated various problems
& their solution to their
students who subsequently
compile them.
• Usul al-fiqh also compiled
during this period.
Source of Islamic law

Source which differ in


Agreed source: utilizing it:

Al- Quran Istihsan


Sunnah Al- Masalih Al-
Ijma’ Mursalah
Qiyas Istishab
Sadd al-dhara’I
Urf
Amal ahl al- Madinah
Stage V - Consolidation

Period of taqlid- blind following of


Covered 950CE to 1258CE
particular view without knowledge
(attacked by the Mongols) & saw
of the basis of the view or action to
decline of Abbasid dynasty
those who slavishly follow a single
Mazhab regardless of errors that
they see.
Limit Fiqh
with ijtihad of
Focus on 4 Mazhab & they
early scholar –
took on dynamism of its
result scholar
own and their follower
calling for
started to naming
closing the
themselves after their
door of ijtihad
Mazhab
e.g: al- husayn ibn mas’ud
al- baghawi al-shafi’i
Taqlid
Taqlid

Another factor of taqlid:

Anxiety among people due to seizing of power& unstable


politics less spirit to joint in knowledge field

Broken relationship among fuqaha due unstable politics


choose to keep silent

Government more interested to conquest rather than


development of Fiqh

Existence of outstanding propaganda about conclusion of law


made by few Mazhab
Taqlid

Less confidence & enthusiasm after realize a lot of Fiqh &


ijtihad knowledge

Closing the door of ijtihad


 To prevent unqualified person make ijtihad
 Cause genuine scholar obstructed to spread the truth
Contributions of Scholars
Stage VI - Stagnation
n order to fill this legislative gap:-
Effects to the Development of Islam:-
Codification of Fiqh
A l-
l l a h
a ja Al- n of
6. M hkam h ic a tio
A liyya d i f
co
Ad i r st as
f w
t he text and der
a n d e g al 5 H e un
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o
m w a ea s r 1 H u t h
fa y 2 9 3 of J b y
h e c l a he r 1 ter ce d
- T m i n t e a i s nt f o r fi ’s
i y i n na
Isla gins ed in he M rnme as en H a
e
- B pl e t t
y Go v a n d e w t he
b s
comeaded man icles ent favor
-H Otto 1 art ernm ment
the as 185n gov nact
-H oma the e
Ott ost of
-M w
vie
Present state of Islamic law
Fiqh academy Explanation
Islamic Research Academy • Founded by the University of Al-
Azhar, Egypt in 1961.
• Has members from different
mazhab .
• Leader – Shaikh of Al-Azhar.

World Fiqh Academy • Under the Organization of


Islamic Conference (OIC).
• Established as a result of the
resolution no. 8/3 that passed in
the meeting of the OIC.

Islamic Academy in Makkah • Founded by the Saudi Arabian


Government
CONCLUSION

 From the above chapters we have seen that the Mazhab has
gone through four basic stages as a result of the effects of
the factors:
 conditions of the Muslim state
 status of religious leadership
 communication among scholars
 Scholars managed to keep the flexibility of previous times,
readily discarding their individual rulings in favor of the
rulings of others which were based on more authentic or
comprehensive Hadith