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Introduction History of Islamic INTRODUCTION TO FIQH History of Islamic Law The Second Stage Establishment Major Stages Of The Development Of Fiqh FOUNDATION The era of the Prophet s.a.w. (609-632CE) 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 STAGNATION AND DECLINE The sacking of Baghdad in 1258 CE to the present time. MAJOR STAGES OF THE DEVELOPMENT OF FIQH STAGE 1 STAGE 2 STAGE 3 STAGE 4 STAGE 5 STAGE 6 Foundation Establishment Building Flowering Consolidation Stagnation & Decline The era of Prophet The era of the The Era of the The Abbasid Era The Abbasid Era II The Ottoman Era Muhammad p.b.u.h Righteous Caliphs Umayyad Dynasty Legislation in Problem-solving Practices Golden period Taqlid Characteristics Makkah procedures introduced by the of Fiqh Legislation in Umayyad Reasons for Taqlid Fiqh Madinah Ijtihad of the Positive literatature Companions Ijtihad developments Contributions of Focus of Legislation scholars Present state Difference of Views of Islamic Law Characteristics of among the Companions Legislation Sources of Islamic Law The beginning of 11AH – 40AH 41AH -132AH 132AH – 350AH 350AH – 656AH 656AH – Present Prophet hood – 11AH Factors Effecting the Characteristics Characteristics Characteristics Factors of Taqlid Characteristics Development of Fiqh Realistic Fiqh Issues Gov support Prevailing trend of Gradation in Legislation Increase in Issues The collapse of the Competence Mujtahid empire taqlid Removal of Difficulty Procedures in deducing Spreading and Expansion of the empire hukm Fabrication of Hadith The schools of Fiqh The codification of Abrogation [al-Naskh] Compilation of Sunnah Islamic Law Personal Opinion Emergence of schools Compilation of Fiqh False claim of Ijtihad of Fiqh Western colonization Non existence of Emergence of schools of Following a single and Islamic Law Mazhab Fiqh mazhab THE ERA OF THE KHULAFA AL-RASHIDUN [11H-40H] Begins from the Caliphate of Abu Bakr [11H-13H] & ends with the death of Ali ibn Abi Talib [40H]. The expansion of the borders of islamic state has resulted the emergence of numerous new issues of Fiqh as the Muslims were in contact of new systems, cultures, customs and patterns of behavior. In solving these new issues the Righteous Caliphs relied heavily on: a. Decisions by consensus [al-Ijma’] b. Personal reasoning [ijtihad] PROBLEM-SOLVING PROCEDURES OF THE RIGHTEOUS CALIPH They would first search for the ruling in the Qur‘an and rule accordingly. If they did not find the answer there, they would then search in the Sunnah, the sayings and actions of Prophet s.a.w. and ask the other companions whether the Prophet s.a.w. has rule on similar incidents. They will rule accordingly upon finding any indications in the Sunnah. If they still did not find the answer, they would then call a meeting of the major Sahabah and try to get consensus of opinion among them to solve the problem. (This consensus is referred to as ijma' al- Sahabah.) If unanimity could not be arrived at, they would then take the position of the majority. 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-Qur’an al-Sunnah [sayings, actions] + ask for previous rules by the Prophet p.b.u.h Call for consensus between the companions Majority’s opinion Personal Ijtihad [al-qiyas, masalih al-mursalah, istihsan, etc] PROBLEM-SOLVING PROCEDURES [Cont’d] But in specific situation, if they were asked question that needs immediate answer where the call for al-ijma’ is impossible or near impossible, the Caliphs used to exercise personal ijtihad. If this happen, they strongly stressed out that this is their personal opinion and not the consensus. Abu Bakar use to say the following sayings whenever he exercise individual ijtihad: “This is my opinion, if it is correct it is from Allah and if there is any mistake, it is from me and I ask forgiveness from Allah”. ‘Umar will inform whoever is writing his opinion to quote, “This is the opinion of ‘Umar” in order to differentiate between his personal opinion and the collective opinion and also to differentiate between his opinion given on individual capacity and on the capacity as the Caliph. IJTIHAD OF THE COMPANIONS The companions were trained by the Prophet during his lifetime to exercise ijtihad in resolving the issues of Fiqh During this period some of the fuqaha’ among the companions did actually exercised ijtihad. It can be observed that, some companions are actively involved in giving their views in resolving the issues. Among them are: a. ‘Umar ibn Khattab, b. ‘Ali ibn Abi Talib and c. ‘Abdullah ibn Mas‘ud. Those who are less involve in giving their views including: a. ‘Abdullah ibn ‘Umar, b. ‘Abdullah ibn ‘Amr ibn al-‘As c. Al-Zubayr. IJTIHAD OF THE COMPANIONS [Cont’d] Different in approach in understanding the text in exercising ijtihad can be observed in this period: a. Some of the companions will stick to the literal or direct meaning of the Qur’an and Sunnah whereas, b. Some other will try to find the reasons and rationale of the injunctions in the text. ATTITUDES OF COMPANIONS IN EXERCISING IJTIHAD Total acceptance and enforcement of an authentic Hadith When the companions exercised Ijtihad, if they gave their view on certain issues and were later informed of an authentic Hadith of the Prophet s.a.w. on the particular subject, they would immediately accept it Click for Example Respect the opinions of each other The companions also used to respect the opinions of each other and would not force anyone to follow their opinion EXAMPLES OF THE IJTIHAD OF THE COMPANIONS 1. Statement of divorce [talaq] In order to discourage abuse of divorce, Caliph ‘Umar altered an aspect of the law of divorce through his ijtihad In the time of the Prophet s.a.w. the pronouncement of three divorce statements at one time was considered to be merely one divorce statement and it was reversible Caliph ‘Umar declared such multiple pronouncements to be binding and therefore irreversible. [pronouncement of 3 divorce at one time will be considered as three not one as previously ruled by Rasulullah s.a.w] The tendency among the people to easily divorce their wives have prompted the Caliph (Umar r.a. to take this decision. The ruling is also imposed in order to discipline the society and to create awareness among them on the seriousness of such matter. EXAMPLES OF THE IJTIHAD OF THE COMPANIONS 2. Waging War against those who refuse Zakah During the reign of Abu Bakar, some Muslims refuse to pay zakah, claiming that it shall only be paid to the Prophet s.a.w. Abu Bakr decided to wage war upon them and said in his famous statement: “ I will wage war against those who differentiate between the obligation of prayer and zakah as it is the obligation in ones property…” ِ ِ ِ ِ ِ )واهلل ﻷُقَاتلَ َّن َم ْن فّرق بني الصﻻة والزكاة، فإ َّن الزكاةَ َح ُّق املال، واهلل لَْو ِ ِِ َ َمنَ عُْو ِْن عناقا لََقاتَ ْلتُ ُه ْم على َمْنعه ْم ( DIFFERENCE OF VIEWS AMONG THE COMPANIONS There are instances where the companions debated and differed their opinions on various points of law in the process of resolving the issues of Fiqh. However, their differences are minor and rarely reached the level of disunity and factionalism as can be observed in the later periods. This was mainly due to: 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. MAIN REASON FOR THE DIFFERENCES Difference in their knowledge of the existence of a particular Hadith of the Prophet s.a.w. in that particular issues of Fiqh. Difference in their acceptance of Hadith. Difference in the Interpretation and Understanding the Quranic Text. Different in the Method of Ijtihad on Issues Not Mentioned in the Text. 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, Mu’az 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.
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