history of fiqh stage 5

7/28/2019 History of Fiqh Stage 5

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THE FIFTH STAGE

CONSOLIDATION


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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 1Foundation

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

Covers from 350H until the conquering of Baghdad

by the Mongols in the year 656AH (1258 CE).

The declining of the Abbasid dynasty until it eventual

collapse.

The declining of the legacy of Islamic scholarship

The tendency towards factionalism and following

ijtihadatof the earlier scholars has begun to influencethe Muslim.

The closing of the door ofijtihad.


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INTRODUCTION [CONTD]

Drastic reduction in the number of mazhabs in which the focuswas on the four main mazhabs

The structure and operation of the four mazhab was systemizedand the scholars within a mazhab were obliged to base theirijtihads solely on the fundamental principles of their particular

mazhab. These schools of Islamic legal thought became so predominant

that the common people soon forgot that any other schools evenexisted.

Each of these schools soon took on dynamism of its popularityand their followers started the practice of naming themselves

after their respective mazhabs.

While these four mazhab prevail, other famous mazhab of greatImams like al-Awzai, Sufyan al-Thawri, Ibn Abi Layla, Abu Thawrand al-Layth ibn Sad had all disappeared


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TAQLID [IMITATION]

Meaning

Literal: Derived from ( ) means [to put something around

neck and care it carefully]

Technical: Imitation or adoption of the legal view of aparticular scholar or mazhab.

Taqlid is a blind following of a particular view or the imitation

without knowledge of the basis of the view.

Taqlid is the prevailing trend of this period which had

resulted in the reduction of ijtihad and affected the

dynamism ofFiqh.


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Actually the attitude of following the rulings of the predecessors isnormal and natural.

However, since Muslims of earlier generations [except the Prophets.a.w] were not infallible, even those earlier interpretations should notbe followed blindly.

For the commoners, it is right for them to follow one of the opiniongiven by the scholars of the four mazhab because they didnt have theright amount of knowledge to determine whether these opinions ofscholars were right or wrong.

But for learned men or knowledge seekers [student], taqlid cannot becompromised iftheyve reached certain level or degree of knowledge.Aside of the views given by fuqaha, they should also know what makesuch stand.

The most important factor in determining which opinion to follow isthe strength of the opinion. This can be known by examining theproofs and evidences on which a certain rulings was based upon it.

TAQLID contd


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FACTORS OF TAQLID

The collapse of the Abbasid Empire into mini-states was

accompanied by each state following the mazhab

Each state began the practice of choosing its governors, administrators

and judges only from those who followed its official mazhab.

Consequently, scholars who wanted to become qadhis (judges) in thecourts of these states had to follow the official mazhab of the state.

The schools of Fiqh were completely formed and all thedetails worked out.

The laws for what had occurred, as well as what might occur, were

already deduced and recorded due to the extensive development ofspeculative Fiqh.

This left little room for ijtihad and originality. As a result, theredeveloped an over dependence on the works of earlier scholars of themazhabs


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Unqualified claim to make ijtihad

Consequently, many incompetent scholars began making rulings which

misguided the masses on a number of issues. In the ensuing confusion,

the reputable scholars of the day tried to close the door of ijtihadin order

to protect the Shariah from being tampered with

The tendency of utilizing the view of a single mazhab

During the earlier period, the judges will make their ijtihad in resolving

disputes based on their knowledge of al-Quran and Sunnah. However,during this period, the judges will follow the views of a single mazhab,

which has affected their credibility. This in turn has contributed to the

practice oftaqlid.

FACTORS OF TAQLID contd


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CONTRIBUTIONS OF THE SCHOLARS

The scholars of this period have contributed significantly in the

development of Fiqh despite the shortfalls mentioned earlier.

Since the effect of the earlier mazhab was very dominant

during this time, most of the efforts of the scholars have been

spend in developing the mazhab of their predecessors.

The focus was also obvious in editing and revising previous

works. The Fiqh books of earlier scholars were condensed and

abridgements of them (al-Mukhtasarat) were made.


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THE PROMINENT ACTIVITIES OF THE SCHOLARS

The scholars of each mazhab analyzed all the rulings of theirmazhab-founding scholars, deduced the fundamental principlesbehind their rulings and codified them.

They also made limited ijtihads on issues, which the founders had not

come across.These ijtihadwas founded on the established principles of a particularmazhab.

Ijtihad mazhab, as this new form of reasoning came to be known, wasbased on the deduction of laws for new issues according to the

principles laid down by the founders of the particular mazhab.


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During this period, the scholars of the mazhab also made the

effort to distinct the strongest view among from the others

between the different given views in specific issues.

This process is called tarjih and at this time it normally involved the

favoring of certain opinions held by scholars within a given mazhab overother opinions of that mazhab on the same topic.

Difference of opinion on one issue within a school had arisen when the

founding scholars, as well as their students, changed their earlier opinions.

Both versions (the previous and the altered) were recorded and passed on

to later generations as different opinions of the mazhab.

Differences of opinion had also arisen from different interpretations of

statements made by earlier scholars of the mazhab.

The scholars of this period classified the different opinions according to

their accuracy and select the best view as the authentic view of the

respective mazhab.

ACTIVITIES OF THE SCHOLARS contd


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During this stage of the Abbasid rule, a format for writing

Fiqh books evolved.

This format became a standard, which has remained in practice until today.

The various issues were grouped under main headings and the main headings

under chapters, each of which represented a major topic from Shariah.

Even the order of the chapters became standardised.

The authors would begin with the four pillars after Iman (faith), since iman was

dealt with in books of Islamic theology.

After treating the laws and issues concerning taharah (hygiene) and Salah

(prayer), sawm (fasting), zakah (poor tax) and hajj (pilgrimage), then bay

(business transactions) and then akhlaq (etiquette). In dealing with any of

these issues, an author from any one mazhab would mention the different

proofs used by all of the mazhabs, then he would end by methodically proving

the correctness of his won mazhabs position, while refuting the arguments of

the other mazhab.

ACTIVITIES OF THE SCHOLARS contd


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The Mongols The First Expansion


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The Mongols The Second Expansion


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The Mongols The Third Expansion


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The Abbasid Empire


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The Fracture of Abbasid Empire


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history of fiqh stage 5

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