LSC0124: Introduction to Islamic Law

Era of the Righteous Caliphs

(632 – 661 CE)
Slides prepared & arranged by LSC0124 Teachers, DLS (Mdm Sahida Safuan)
Main reference: Introduction to Shariah & Islamic Jurisprudence, Dr. Ahmad Akram Laldin
 Chapter Outline

1. Problem Solving 2. Ijtihad of the

Procedures of the Companions
Righteous Caliphs

Era of the
Righteous
Caliphs

3. Differences of Views among

the companions & their
4. Characteristics of Fiqh reasons
 Introduction

This stage opened a new chapter in development of

Islamic law as the revelation ends that further leads to
the development of various methods in deducing the
rulings of fiqh.

The Righteous Caliphs also known as the Khulafa’ Ar-

Rashidun
 The Righteous Caliphs
Khulafa’ Ar-Rashidun

1. 2. 3. 4.
Saidina Abu Bakr Saidina Umar Saidina Uthman Saidina Ali bin Abi
as-Siddiq al-Khatab al-Affan Talib

.
 Introduction
During this stage expansion of the borders of Islamic
state particularly took place especially during the first
20 years.
The expansion includes Syria, Jordan, Egypt, Iraq and
Persia
 Introduction

Therefore, Muslims in contact with new systems,

cultures, customs, patterns, and behaviour.
This resulted in in numerous issues to be resolved.
During this era, the righteous caliphs mainly use ijma’
and some resort to ijtihad (personal reasoning) to solve
the issues.
 Problem-solving Procedures of the
Righteous Caliphs

The righteous caliphs adopted certain procedures to

solve new problems that occurred during this time
Steps followed by
Abu Bakar &
Umar.
They will make ijtihad
Search for the Search for the try to do after considering the
ruling in the Sunnah of the ijma’ majority decision if
Quran Prophet unanimity cannot be
reached

Ask other companions They will call a meeting of the

if the prophet major sahabah and try to get
encountered the same their consensus opinion
issue before. (ijma’).
 Problem-solving Procedures of the
Righteous Caliphs

If the differences are so great and there was no majority,

the caliph will make his own ijtihad based on the different
views that has been discussed. The caliph also will do
ijtihad if they were asked specific questions.
Abu Bakar - “This is my opinion, if it is correct, it is from Allah, and if there is any
mistakes, it is from me and I ask forgiveness from Allah”

Umar al-Khattab - “This is the opinion of Umar…”

Ibn Mas’ud - ”I am giving my opinion about her, if it is correct it is from Allah, but if
it is incorrect, then it is from me & satan”
 Ijtihad of the Companions

Whenever the
The companions
companions are They will convey
were trained to
Some would stick made known to whatever they
exercise ijtihad by They were to the literal any authentic knew from the
the prophet. different meaning of the hadith related Prophet and
approaches in nass and some any matter which enforce them
Some companions understanding the would try to find they gave ijtihad, and correct their
active in giving text in exercising reasons and they will practice (if any)
opinion to resolve ijtihad can be rationale of the immediately
issues observed during e.g. the prohibition of
injunctions accept it.
mutaah marriage
e.g. Umar al-Khattab, Ali this era.
Abi Talib, Abdullahg Ibn e.g. the place where the
Masud propheyt should be
blaid for rest

*some of them were less

involved in giving their view
(Abdullah Ibn Umar, Abdullah Ibn
Amr, Al-Zubair)
 Examples of Ijtihad of the Companions

Statement of Divorce

Suspension of Hadd
penalty for theft cases Era of the
Righteous
Caliphs

Waging war against those who

refused to pay zakah
 Suspension of Hadd punishment for theft
cases by Umar Al-Khattab

The punishment for theft case prescribed in the Quran is

amputation of hand.

Umar suspended the punishment during the time when

Madinah experienced draught season and there was
shortage of food.

Some people were caught stealing food from others

desperately.
 Suspension of Hadd punishment for theft
cases by Umar Al-Khattab

Umar decided that those stealing under that circumstances did

not deserved to be punished under hudud punishment.

He reasoned that hudud can only be implemented if the crime

was committed under normal circumstances. As people steal at
that time because there was shortage of food and desperate for
food, the situation falls under the rulings of necessity.

Rulings of dharurah (necessity) permits forbidden action to be

committed.

The Prophet said, “Hudud is elevated with uncertainties”.

 Ruling about statement of Divorce
by Umar Al-Khattab

During the time of the Prophet, the pronouncement of three

divorce statement at once was considered to be merely one
divorce statement and reversible.

However, Umar declared that such multiple pronouncement to

be binding and irreversible.

The tendency among the people to easily divorce their wives

had prompted the Caliph to make such decision.

It is also to discipline the society and to create awareness about

its serious effect of such matter.
 Waging war against those who refuse to
pay zakah by Abu Bakar

After the death of the Prophet (peace be upon him), some Arab
tribes declined to pay Zakat by saying: “We used to give Zakat
to Muhammad. But now Muhammad is no more, and hence we
are not obliged to give Zakat.” Some of them renounced Islam
while others did not but refused to pay Zakat.

Caliph Abu Bakr was firm and tough on this issue. He considered
those who refused to pay Zakat as apostates, and in this respect,
there was a famous saying of Abu Bakr:

“By Allah, if they withhold the rope of a camel they used to give
in Zakat to Allah’s Messenger, I will fight them for it.”
 Differences of views among the
companions

Share of grandfather from inheritance in

case of deceased had living brothers or
sisters
Woman who had entered into marriage
during iddah should be separated

Distribution of the agricultural lands

confiscated from the enemy
 Example 1:
The share of grandfather from inheritance in case the deceased had living
brothers or sisters was not stated in the Quran.

Abu Bakar and Ibn Abbas Zaid Bin Thabit and Ali Abi Talib
Rulings related to grandfather was The ruling on father was not
similar to the rulings related to father in applicable on grandfather. The father
which the father would block the entitle to equal share in the distribution
share of the brothers and sisters. of inheritance.
 Example 2:
Women who had entered into marriage contract while she was still in ‘iddah

Umar al-Khattab
Ali Abi Talib
The women must be separated from
The women can marry the men after
the men. It was forbidden for them to
the end of the iddah period.
remarry even after the end of iddah.
 Example 3:
When Muslim empire conquered Iraq, the Companions differed with regard to
the distribution of agricultural lands confiscated from the enemy.

Bilal bin Rabah, Abdul Rahman bin ‘Auf, Yasir

“And know that anything you obtain of war booty - Umar, Uthman, Muaz and others
then indeed, for Allah is one fifth of it and for the
Messenger and for [his] near relatives and the
orphans, the needy, and the [stranded] traveler, if The land should remain with the owners.
you have believed in Allah and in that which We
sent down to Our Servant on the day of criterion - They have to pay tax for it.
the day when the two armies met. And Allah, over all The tax money to be used for the interest of
things, is competent”.
Muslim.
(Al-Anfal: 41)
 Reasons for differences of opinion
Khulafa’ Ar-Rashidun

1. 2. 3. 4.
Difference in their Differences in their Differences in their Differences in the
knowledge of the acceptance of interpretation and method of ijtihad
existence of a hadith understanding of on issues not
particular hadith . Quranic Text mentioned in the
in the issue of fiqh text
 Reasons for differences of opinion
Khulafa’ Ar-Rashidun

Not all the companions were There was no compilation of

with the Prophet all the time. They give the opinions based on Sunnah at this time.

1. Thus, their knowledge about the

hadith would vary from one
Difference in their
knowledge of the
existence of a
particular hadith
in the issue of fiqh
the knowledge on the available
resources
Some narrations of the hadith
did not reach some of the
person to another companions
.
Example:
However, the companion would Ali and Ibnu Abbas said that the waiting
retract their view if it was period for a pregnant woman whose
contradicted to an authentic husband had passed away was one year
hadith as they were not aware of the hadith of
Sabiah al-Aslamiyah which stated that
the Prophet informed her waiting period
was over after the delivery
 Reasons for differences of opinion
Khulafa’ Ar-Rashidun

Some companion rejected certain narration of hadith which

they believe were defective.

2. 3.
Differences in their
acceptance of The defect might be related to the person who narrated the
hadith
hadith or the contents of the hadith.
.

Example:
Umar rejected the saying of Fatimah bin Qays that the Prophet
did not rule for her right of maintenance during the waiting
period after she was divorced.

For further reading:

http://sohabih.blogspot.com/2016/03/fatima-bint-qays-ra-knowledgeable.html
 Reasons for differences of opinion
Khulafa’ Ar-Rashidun

Certain words in the Quran carry 2 meanings. Some scholars will prefer
one meaning over the other.
3. 3.
Example:
Differences in their “And the divorced women should keep themselves in waiting for three
interpretation and courses (quru’)” (Al-Baqarah:228)
understanding of
Quranic Text

The word quru’ According to those who According to those

have two opposite The different meaning of considered quru’ to be who viewed quru’ as
meaning which is this word will affect the the period of purity, the the actual menses, it
the actual menses ruling on the actual divorce becomes is not finalized until
and the period of waiting period for a finalized as soon as her her third menses
purity after menses. divorced women. third menses started. have ended.
 Reasons for differences of opinion
Khulafa’ Ar-Rashidun

Quran and Sunnah provide general guidelines in order to resolve the evolving issue of
fiqh. Thus, many issues are not discussed in detail in the Quran and Sunnah.

Different companion followed different method of interpretation and referred to

different sources (example: qiyas, maslahah mursalah, sad al-dhara’i) in resolving
4. these issues.
Differences in the
method of ijtihad The different approaches had resulted in the different opinion and views in fiqh.
on issues not
mentioned in the
text
Example: Distribution of wealth among Muslim

Abu Bakar Wealth should be distributed equally regardless the

period of when they embraced Islam

Umar Earlier generation who embraced Islam should be given priority over the
others as they suffered most in order to defend Islam
 Characteristics of Fiqh
Khulafa’ Ar-Rashidun

1. Most of the fiqh

issues dealt
during this period
were real issues
that occur in the
5. Although there was society 2. The righteous caliphs and
individual ijtihad made by scholars among the
the companions, there companions has developed
were no mazhab during certain procedures in
this period. deducing fiqh rulings
Characteristics
of Fiqh
3The using of personal
opinion (ijtihad) and
majority of the companions
choose to prefer to stick
closely to the literal meaning
4. Changing of laws with of the nass.
the disappearance of the
reason for the law’s
existence and changes in
social conditions
Thank You