CONSOLIDATION

THE FIFTH STAGE

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 Ottoman Era Characteristics Fiqh literatature

The era of Prophet Muhammad p.b.u.h Legislation in Makkah Legislation in Madinah Focus of Legislation Characteristics of Legislation Sources of Islamic Law The beginning of Prophet hood 11AH

The era of the Righteous Caliphs Problem-solving procedures Ijtihad of the Companions Difference of Views among the Companions

The Era of the Umayyad Dynasty Practices introduced by the Umayyad Ijtihad

The Abbasid Era Golden period of Fiqh Positive developments

The Abbasid Era II Taqlid Reasons for Taqlid Contributions of scholars

Present state of Islamic Law

11AH 40AH

41AH -132AH

132AH 350AH

350AH 656AH

656AH Present

Characteristics
Gradation in Legislation Removal of Difficulty

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

Factors of Taqlid
The collapse of the empire The schools of Fiqh False claim of Ijtihad Following a single mazhab

Characteristics
Prevailing trend of taqlid The codification of Islamic Law Western colonization and Islamic Law

Abrogation [al-Naskh]

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 ijtihadat of the earlier scholars has begun to influence the Muslim.
The closing of the door of ijtihad.

INTRODUCTION

[CONTD]

Drastic reduction in the number of mazhabs in which the focus was on the four main mazhabs The structure and operation of the four mazhab was systemized and the scholars within a mazhab were obliged to base their ijtihads 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 even existed. Each of these schools soon took on dynamism of its popularity and their followers started the practice of naming themselves after their respective mazhabs. While these four mazhab prevail, other famous mazhab of great Imams like al-Awzai, Sufyan al-Thawri, Ibn Abi Layla, Abu Thawr and al-Layth ibn Sad had all disappeared

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 a particular 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 of Fiqh.

TAQLID contd
Actually the attitude of following the rulings of the predecessors is normal and natural. However, since Muslims of earlier generations [except the Prophet s.a.w] were not infallible, even those earlier interpretations should not be followed blindly. For the commoners, it is right for them to follow one of the opinion given by the scholars of the four mazhab because they didnt have the right amount of knowledge to determine whether these opinions of scholars were right or wrong. But for learned men or knowledge seekers [student], taqlid cannot be compromised if theyve reached certain level or degree of knowledge. Aside of the views given by fuqaha, they should also know what make such stand. The most important factor in determining which opinion to follow is the strength of the opinion. This can be known by examining the proofs and evidences on which a certain rulings was based upon it.

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 the courts of these states had to follow the official mazhab of the state.

The schools of Fiqh were completely formed and all the details worked out.
The laws for what had occurred, as well as what might occur, were already deduced and recorded due to the extensive development of speculative Fiqh. This left little room for ijtihad and originality. As a result, there developed an over dependence on the works of earlier scholars of the mazhabs

FACTORS OF TAQLID contd

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 ijtihad in 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 of taqlid.

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.

THE PROMINENT ACTIVITIES OF THE SCHOLARS

The scholars of each mazhab analyzed all the rulings of their mazhab-founding scholars, deduced the fundamental principles behind their rulings and codified them.
They also made limited ijtihads on issues, which the founders had not come across. These ijtihad was founded on the established principles of a particular mazhab. Ijtihad mazhab, as this new form of reasoning came to be known, was based on the deduction of laws for new issues according to the principles laid down by the founders of the particular mazhab.

ACTIVITIES OF THE SCHOLARS contd

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 over other 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

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.

The Mongols

The First Expansion

The Mongols

The Second Expansion

The Mongols

The Third Expansion

The Abbasid Empire

The Fracture of Abbasid Empire