HISTORY OF FIQH

Introduction
 Islam was revealed by Prophet s.a.w over 23
years(13 yrs- Mekah & 10 yrs Madinah)
 The development of Islamic law 6 majors stages as
follows :-
a) Foundation : the era of the Prophet s.a.w
b) Establishment : Khulafa al rashidin
c) Building :Umayyad dynasty – middle of 8th century.
d) Flowering : Abbasid dynasty – middle of 10th century
e) Consolidation : the decline of Abbasid to invasion of
Bagdad by the Monggol (middle 13th century)
f) Stagnation and decline : sacking of Baghdad in 1258
CE to present time
The First stage : Foundation / Period
of Revelation
 Consist of 2 phases :- Legislation in Mekah and
Madinah respectively
 Legislation Mekah
 13 years in Mekah after his Prophet hood
 Revelation focused on building the ideological of
Islam i.e.building faith, inculcate good character and
moral value.
 Building / strengthening foundation of Islamic belief
for the muslim to face the challenges in Mekah and
future challenges
 The important theme in this period as follows:
A) The unity and existence of Allah
B) Life after death
C) Heaven and hell
D) Stories of previous people
E) Challenges of the pagan of Mekkah
F) Moral value

 Not many Islamic law was discussed. The rulings issue

mainly for character building of muslim. i.e. solat, zakat,
fasting, sedakah
 Legislation Al Madinah
 Concern with the organization of muslim state. Also
revealed the social and economic law of shariah.
 Revelation strengthening the foundation of Imam
and Tauhid. However, most of the basic topic of the
law for development of Islamic nation.
 The most theme are as follows:-
a) Legal injunction i.e 3 pillars of islam.
b) People of the book
c) Jihat and ruling related to warfare
d) The munafiq (hypocrites)
e) Moral and ethics related to social life
 The Method of Quranic Legislation
 The quran not reveal all at one time but stages.
 There are several ways how the quran was
revealed. The details are as follows:-
a) The quran address specific issue that had
occurred during the time of Prophet s.a.w
b) The quran was revealed in order to answer
queries forward by companions.
c) The revelation because it needed in society.
 Characteristic of Legislation
1. Gradation of legislation
a) Revelation takes 23 years
b) Revealed gradually e.g in early period solat is required 2 time before
revise to 5 times. The prohibition of wine
c) Gradation in legislation certain ruling.

2. Removal of hardship
 All the injunction is not mean to be burden or create any difficulties
for man to implemented them.

3. Naskh ( Abrogation)
 The existence of abrogation in Islamic law indicated the fact that it is
consider suitable of particular legislation to be implemented and
ensure that legislation served its objective. However, its suitability
may disappear later once the objective have been achieved.
 Sources of Islamic law
- Al quran and sunnah only
- Use Ijtihad but the occurrence is not independent as the validity
depended on divine revelation. Ijtihad is merely giving lesson to
sahabat. example
Battle of Badr, Battle of Tabuk

Compilation During This Period

- Prophet has appointed some of his companion to record Al quran.
The tasks was taken by Zaid ibn Thabit, Ali Abi Talib and others.
When Prophet passed away, the whole quran was compile and
many companion memorized them.
- Prophet not allow people to record his saying at the earlier stage.
However, later stage he allow to records his says.
 The second stage : khulafa al
Rashidin
 It represented the era of Righteous Caliphs and the major
component of the prophet.
 This period the issue of fiqh arise as the result of expansion
of Islamic emperor – new issues and problems

Problem Solving Procedure of Righteous Caliphs

-among the steps taken to solve new problems
a) Search Al quran
b) If no solution refer to al sunnah
c) If no solution called meeting with major sahabah (ijma al
sahabi)
d) If unanimity – take majority opinion
 Main reasons for different opinion
among the companion
 Difference in the knowledge of the existence
of particular Hadith.
 Difference in their acceptance of Hadith
 Difference in the interpretation and
understanding of Quranic Text.
 Difference in the method of Ijtihad
 Characteristic of Fiqh
 Deal with real issues that occur in society
 The righteous caliphs and some scholar have
developed certain procedure in deducing ruling of
Fiqh but yet they never said it must be followed. It
reflect the respect for freedom of opinion.
 The using of personal opinion is the characteristic of
fiqh but closely stick to literal meaning in Al quran
and sunnah
 Changing of law with disappearance of the reason for
the law’s existence and changes in social condition.
 No different mazhab.
 Compilation during this period
 The quran was codified during Abu Bakr, and
completed during Uthman. The copies of
Utmani mushaf was distributed to different
region of islamic empire.
 However, the compilation of sunnah only
started , initiated by Umar r.a and also
compilation of fatwa
 The 3 Stages
rd

 This stage is regarded as the building of stages.

 There were certain policies, introduced by
Umayyad Caliphs, contradict to the Fiqh.
 The office of Caliph was converted to hereditary
kingship – end of the principle of Shura.
 The boundary of Islamic states widen and arise
more issue and problems.
 More systematic compilation of fiqh used which
aimed at preserving the ijtihad of sahabah.
 Development of Fiqh
a) Increase in the issue of Fiqh and Ijtihad.
 The expansion of the Islamic empire had resulted to increase
number of people accepting Islam. ( various religion and
background) The nature of the issue varied.
b) Spreading of Fabrication of Hadith
c) Emergence of the school of Hadith and opinion
 The 2 different approaches in deducing the rulling of Fiqh are

a) the inclination toward limiting the deducing based on

available text – subsequently known as school of hadisth
b) the inclination towards deducing based on personal
reasoning – subsequently known as school of opinion.
 Compilation
 The sunnah compilation still incomplete during
this period. However, effort to continue the
compilation was continued.
 Compilation of shariah legal ruling during this
period.
 The school of hijaz collected various fatwa from
sahabah namely Abdullah ibn Abbas, Abdullah
ibn Umar, Aishah Abu Bakar and others.
 The 4 Stages: The Abasid Era
th

 The caliph at this time actively supported Islamic scholarship.

 The emergence of several prominent scholars of Islam which later became
independent mujtahids, established their madzhab
 Fiqh was divided into 2 sections :- fundamental principal (usul) and
secondary principle of scientific, philosophical and theological work (furu).
 There was also emerging of several school of other field such as The
sciences of al Quran, sciences of Hadith, linguistic and others.
 Various principle of Fiqh were developed and the view of the scholars
particularly the opinion of 4 mazhab were compiled and codified.
 The sunnah was also codified which assisted the scholars to differentiate
between the authentic and unauthentic narrations.
 This healty development is also known as golden Fiqh period, the
flourishing period of fiqh, the codification period and the period of the
mujtahid.
 Factors Effecting the
development of Fiqh
 The government support towards the development of
Fiqh and Fuqaha
- The caliph support and respect for the Islamic law e.g
Imam Malik was called by Caliph Mansur to compile
the sunnah called al Muwarra as the state constitution.,
Imam Yusuf during Harun al Rashid drafted law
related to administration of land in the book entitle
Kitab al Kharaj.
- However, the ulama cannot challenge the state policy
Emergence of Competent Mujtahidun and the
Spread of Debate and Discussion
 Many prominent mujtahid emerged and developed the different science of
Islam.
 The founders of major fiqh were produced in this period namely Imam Abu
Hanifah, Imam Malik, Imam Shafie and Imam Ahmad ibn Hanbal
 The prominent school created the environment of discussion and academic
debate.
 They would try to debate the said issue until a common conclusion was reached.
 There is also lack of rigidity or dogmatism on the part of schools and their
students.
 The issue were objectively examine and conclusion arrived at the basis of the
validility of available proofs were presented.
 Free exchange of ideas and willingness to change even the rulling of the
founding fathers of the mazhab clearly illustrate the absence of the rigidity and
fanaticsm.
 Compilation of Sunnah
 Most of the sunnah of prophet s.a.w was compiled and classified during this
period.
 This effort which was undertaken by the scholars of hadith contibuted
significantly in reducing the burden of providing the authenticity of particular
hadith among fuqaha in deducing the ruling of fiqh.
 During the Abasid, some of the scholar took further steps to compile the
Sunnah of Prophet and the view of the scholars.
 During the end of the second century, the condification of sunnah took another
steps with require to compile list of its narrators called musnad.
 Later on, during the third century of hijrah , the concentration was compilation
of sunnah based on different topics of fiqh.
 All the six authentic collection of hadith followed this method of compilation.
i.e. Sahih Bukhari, Sahih Muslim, Sunan of Al Nasa, Sunan of Abu Daud, Al
Jami of Tarmizi, Sunan Ibn Majah.
 Compilation of Fiqh
 Fiqh was also compiled on wide scale and systematic approach during this
period.
 The scholar of different areas of islamic empire started to compile the
views of the earlier scholars. E.G The scholar of Madinah compiled the
opinion of Abdullah Umar, Aishah Abdullah ibn Abbas.
 Some scholar personally compile their own rulling and legal issue
verdicts.
 Some started to write about fiqh where basic principle of Fiqh and hadith
being mentioned to support its ideas.
 In addition to compilation of fiqh, the science of deducing the rulling from
their sources known as Usul al Fiqh were also compiled. Famous work al
Risalah by Imam Shafie.
 Emmerge of Different school of
Islamic Law
 There 4 mazhab of Islamic law emerged at this
period namely Hanafi, Shafie, Maliki and
Hanbali.
 This mazhab was eatablished as a result of the
above mentiod development.
 The Madhhab – major Fiqh
Schools
 Maddhab is derived from the root word dhahaba.
 Literally means a way of going.
 In Islam legal parlance, madzhab refers to school of Islamic jurisprudence whose
locus lies on the way of interpreting and applying shariah.
 The body of Islamic law practised anf followed by the Muslim today is derived
from the 4 sunni of maddhab and shi’ah school.
 There are no major differences separating the sunni school as all of them subscribe
to the same fundamental of Islam, doctrines of faith and pillar of Islam.
 The only difference or dispute is on the matter of details especially when dealing
with the interpretation of the Al quran, sunnah and methods of forming oppinion on
the issue not covered by the quran and sunnah.
 The shi’ah deriving from the political designation as the partisan of Ali when first
civil war broke between Muawiyah and Ali