FQH 101

IOU-OTLR: Course Details and Learning & Assessment Plan
Evolution of Fiqh Module Details

Module 1 Topics: Introduction,
Reading Assignments: The Evolution of Fiqh, Preface to the Second

Edition, and Introduction, pp. 11-18.
Core content:  Riddle of the Math’habs,

 Definitions and distinctions between fiqh and shariah
 Overview of stages in the development of Fiqh
Module Outcomes:  Provide definitions and meanings of fiqh, usool fiqh and shariah
 Understand what is meant by a madhab
 Critically analyze the status of madhabs in Islam
 Identify the distinct characteristics of fiqh
 Identify the distinct characteristics of shariah
Recorded Lecture: Clip A- mins

Clip B- 22 mins
Clip C- 17 mins
Clip D- 6 mins
Recorded Tutorial: 30 mins
Supplementary Reading/ None

Additional Activities
Assessment: Module Test1
Module 2 Topics: The Foundation stage
Reading Assignments: The Evolution of Fiqh, Section One: The First Stage:
Foundation, pp. 19-27.
Core content:  The Qur’an

 Makkan and Madenian verses
 Legal content of the Qur’an
Module Outcomes:  Become familiar with general content of the Qur’an

 Distinguish between Makkan and Medinah verses
 Identify the distinct characteristics of Makkah verses
 Become familiar with the legal content of the Qur’an
 Identify the wisdom behind the revelation of the Qur’an
 Identify the main characteristics of the first stage in the evolution
Recorded Lecture: Clip A- 31 mins

Clip B- 31 mins
Clip C- 4 mins
Clip D- 6 mins

Assessment: Module Test 2
Islamic Online University

Module 3 Topics: Basis of Legislation in the Qur’an, points 1-3:
Foundation, pp. 27-43.
Core content:  Removal of difficulty

 Reduction of religious obligations
 Realization of public welfare
Module Outcomes:  Become familiar with three of the four basis of legislation
 Understand the concept of Realization of public welfare
 Understand what is meant by removal of difficulty
 Provide examples of how difficulty is removed
 Give examples on how religious obligation was reduced
 Explain what is meant by the realization of public welfare.

Clip B- 28 mins
Clip C- 16 mins

Module 4 Topics: The Foundation Stage: Basis of Islamic Legislation (Point 4)
Foundation, Section Summary, pp. 43-53.
Core content:  Realization of Universal Justice

 Sources of Islamic Law
 Summary
Module Outcomes:  Explain what is meant by realization of Universal justice

 Give examples of realization of universal justice
 Become familiar with the authoritative sources of Islamic law
 Become familiar with the status of the Qur’an and the Sunnah in Islamic
law
 Give a brief summary of the foundation stage
 Identify the sources of law during the first stage

Clip B- 29 mins
Clip C- 9 mins


Module 5 Topics: The Second stage. Establishment Stage
Reading Assignments: The Evolution of Fiqh, Section Two: The Second

Stage: Establishment, Section Summary, pp. 55-62.
Core content:  The Second Stage: Establishment Stage

 Era of the Caliphs
 Problem solving procedures
 Ijtihaad of Individual Sahaabah
 Factionalism
Module Outcomes:  Identify the main difference between the first and second stages
 Determine how the shariah deals with the conflict of interests
 Become familiar with the second stage in the evolution of fiqh
 Recognise the contributions of the salaf in the development of fiqh
 Become familiar with the problem solving procedures adopted by the
sahabah
 Define factionalism and discuss its effects and impact
 Identify the main characteristics of this stage

Clip B- 10 mins

Module 6 Topics: The third stage: Building stage
Reading Assignments: The Evolution of Fiqh, Section Three: The Third

Stage: Building, Section Summary, pp. 63-71.
Core content:  Era of the Ummayads

 Factors affecting fiqh
 Compilation of fiqh
Module Outcomes:  Become familiar with the Era of the Ummayad

 Critical analyze the era with regards to the development and evolution
of fiqh
 Identify and discuss the main factors affecting the development of fiqh
 Become familiar with how fiqh was compiled
 Distinguish this stage from the previous stages
 Identify the main sources of fiqh during this stage

Clip B- 24 mins
Clip C- 8 mins


Module 7 Topics: The fourth Stage: The Flowering Stage
Reading Assignments: The Evolution of Fiqh, Section Four: The Third

Stage: Flowering, Section Summary, pp. 73-85.
Core content:  Era of the Abbasides (First 200 years)

 Development of fiqh during the fourth stage
 The Great Imaams
Module Outcomes:  Understand the difference between the Umayyad dynasty and the
Abbasid dynasty
 Fully comprehend why the fourth stage is regarded as the flowering
stage
 Identify the golden age of fiqh
 Appreciate the role played by the salaf especially the four great Imaams
in the development of fiqh
 Become familiar with how fiqh developed during this stage
 Identify the main characteristics of fiqh during this stage
 Acknowledge the positive role played by the early Abbasid rulers in the
development of fiqh
 Identify the sources of law used especially during this stage

Clip B- 31 mins

Module 8 Topics: The Madhabs: Hanafi and Awzai

Reading Assignments: The Evolution of Fiqh, Section Five: The Math’habs:
Schools of Islamic Legal Thought, pp. 87-95.
Core content:  Hanafi Madhab

 Awzai Madhab
Module Outcomes:  Understand the chronological formation of Madhabs

 Become familiar with the Hanafi Madhab
 Identify the principles used in the Hanafi Madhab
 Identify the factors that led to the development and survival of the
Hanafi Madhab
 Become Familiar with the Awzai Madhab
 Identify the factors that led to the disappearance of the Awzai Madhab

Clip B- 28 mins
Clip C- 10 mins


Module 9 Topics: The Madhabs: Maliki, Zaydi; Laythi and Thawri

Core content:  The Maliki Madhab

 Fiqh of Hijaaz and Fiqh of Iraq
 Other Madhabs: Zaydi, LAythi and Thawri
Module Outcomes:  Become familiar with Maliki Madhabs

 Identify the principles used by the Maliki Madhab
 Become familiar with the fiqh of Hijaaz and the fiqh of Iraq
 Compare between the fiqh of Iraq and the Fiqh of Hijaaz
 Become familiar with the other madhabs: Zaydi, Laythi and Thawri
 Identify the reasons for the disappearance of these three madhabs

Clip B- 24 mins
Clip C-
Clip D- 18 mins

Module Topics: Shafi’i Math’hab, Comparison between Hanafi,

10 Maliki and Shafi’i. Hambali Math’hab, Thahiri
Math’hab and Jariri Math’hab, Summary.

Core content:  Shafi Madhab

 Comparison between Hanafi, Maliki and Shafi Madhab
 Hambal Madhab
 Other Madhabs: Thahiri Madhab and Jariri Madhab
Module Outcomes:  Understand how the Shafi’ and Hambali madhabs developed
 Compare between the Shafi’ madhab and the two earlier major
madhbas
 Become familiar with the principles of each and every madhab
 Identify the reasons behind the survival of the Shafi’ and Hambali
Madhabs
 Become familiar with other madhabs: Thahiri and Jariri Madhabs

Recorded Lecture: Clip A-
Clip B- 20 mins
Clip C- 20 mins
Clip D- 23 mins

Module Topics: Revision of main features of first four stages of

11 development and the unique characteristics of
leading schools of Islamic Law.
Reading Assignments: The Evolution of Fiqh, pp. 10 -120.
Core content:  Revision

 Unique features of each Madhabs
Module Outcomes:  Become familiar with the main characteristics of fiqh during each stage
 Identify differences and similarities of each and every stage
 Identify the main difference between the major schools and the minor
schools
 Become familiar with the historical development of fiqh
 Summarize the main points from the first four stages of development.

Clip B- 18 mins
Clip C- 18 mins

Module Topics: Reasons for differences

12
Reading Assignments: The Evolution of Fiqh, Section Six: Main Reasons
for Conflicting Rulings, pp. 121-132
Core content:  Word Meanings

 Hadeeth Narration
 Admissibility of certain proofs
 Methods of Qiyas
Module Outcomes:  Become aware of the main reasons for differences amongst the scholars
 Identify and discuss the 4 main reasons for differences in detail
 Identify ways to deal with differences
 Identify the main reason for the differences
 Become familiar with sources of law whose admissibility is debatable
amongst the schools of thought
 Become familiar with the different methods of qiyas


Clip B- 20 mins
Clip C- 19 mins

Module Topics: The fifth Stage: The Consolidation Stage

13
Reading Assignments: The Evolution of Fiqh, Section Seven: The Fifth
Stage: Consolidation, pp. 133-136
Core content:  Four Madhabs

 Compilation of Fiqh
Module Outcomes:  Understand how madhabs fanaticism became widespread

 Identify the elements and reasons that led to the drastic reduction in
the number of madhabs
 Become familiar with tarjeeh and tasheeh
 Become familiar with the compilation of fiqh
 Identify the main features of the fifth stage
 Recognize the main difference between the fifth stage and the earlier
stages

Clip B- 16 mins
Clip C- 16 mins
Clip D- 15 mins

Module Topics: The Sixth Stage: Decline and Stagnation Stage

14
Reading Assignments: The Evolution of Fiqh, Section Eight: The Sixth
Stage: Stagnation and Decline, pp. 137-143

Core content:  Emergence of Taqleed
 Reasons for Taqleed
 Compilation of fiqh
Module Outcomes:  Provide definitions of taqleed

 Identify the main characteristics of the sixth stage
 Identify the reasons for the rise of taqleed
 Recognize the impact of taqleed on the development of fiqh
 Understand the historical developments of the sixth stage
 Become familiar with comparative fiqh

Clip B- 17 mins
Clip C- 2 mins

Module Topics: Reformers

15 Reading Assignments: The Evolution of Fiqh, Section Eight: The Sixth
Stage: Stagnation and Decline, pp. 143-150
Core content:  Reformers

 Revival of Ijtihaad
Module Outcomes:  Understand what is meant by reformers

 Identify the scholars who played an important role in the call for the
revival of Ijtihaad
 Identify the main reason behind the lessening of madhab fanaticism
 Become familiar with the widespread teaching of comparative fiqh in
recent years
 Identify why stagnation and decline has continued till today.

Clip B- 17 mins
Clip C- 11 mins

Module Topics: Imaams and Taqleed

16
Reading Assignments: The Evolution of Fiqh, Section Nine: Imaams and
Taqleed, pp 151-158

Core content:  Shirk fi Ittiba
 Opinions of the great Imaams regarding taqleed
Module Outcomes:  Become familiar with shirk fi ittiba

 Become familiar with the opinions of the great scholars regarding
taqleed
 Identify the general stance of scholars regarding taqleed
 Determine whether the door for Ijtihaad is still open
 Identify the ways each scholar dealt with taqleed

Clip B- 18 mins
Clip C- 2 mins

Module Topics: Students of the Imaams and taqleed

17 Summary,
Reading Assignments: The Evolution of Fiqh, Section Nine: Imaams and

Taqleed, pp158-164
Core content:  The minor scholars
Module Outcomes:  Identify the minor scholars

 Become familiar with their stance with regards to taqleed
 Show how the minor scholars differed with their teachers
 Explain how differing with the teacher was and is deemed as a positive
and not a negative
 Identify the approach that is required from the muslims

Clip B- 23 mins
Clip C- 1 mins
Supplementary None
Reading/ Additional
Activities
Module Topics: Differences among the Ummah

18
Reading The Evolution of Fiqh, Section Ten: Differences

Assignments: among the Ummah, pp 165-178
Core content:  Differences among the Ummah
 Differences among the Sahabah
 Types of differences
Module  Understand the reasons for differences among the Ummah

Outcomes:  Become familiar with how the sahabah handled and dealt with their
differences of opinion
 Become familiar with how our differences differ from the differences of
the Sahabah
 Become familiar with the tactics used by the madhab fanatics
 Identify the true meanings of: Ahl Hadeeth, Wahabi
 Become familiar with some of the proofs used by the madhab fanatics
in support of their stance
 Refute the claims made by the fanatics
 Become familiar with the extremes taken by different groups

Clip B- 16 mins
Clip C- 16 mins
Clip D- 2 mins
Supplementary None
Reading/
Additional
Activities
Module Topics: Conclusion

19
Reading Assignments: The Evolution of Fiqh, Section Eleven: Conclusion,
pp. 179-184
Core content:  Dynamic fiqh

 Proposed steps
 Contradictory and variational differences
Module Outcomes:  Become familiar with what is meant by dynamic fiqh

 Identify the main elements of dynamic fiqh
 Give reasons why dynamism is the best approach
 Critically analyze Dr Bilaal Philips’ proposed steps
 Become familiar with contradictory differences
 Become familiar with variational differences
 Identify the difference between contradictory differences and
variational differences

Clip B- 20 mins
Clip C- 23 mins
Clip D- 2 mins

Activities None
Module Topics: Conclusion Review. Case study: the Chennai

20 Treatise,
Reading The Evolution of Fiqh, Chennai Treatise, pp. 9 – 36.

Assignments:
Core content:  PJ’s claim

 Ijmaa of the Ummah
 Obligation of paying zakaah
 Statements of the Sahabah and salaf
 Payment of Zakaah
Module  Become familiar with Zainul Abideen PJ and his claim

Outcomes:  Show the incorrectness of his claim
 Become aware of the ijma and statements of the ulama regarding the
payment of Zakaah
 Determine whether zakaah should be paid annually
 Determine whether it is permissible to pay zakaah in advance
 Determine whether an orphan should pay zakaah or not

Clip B- 23 mins
Supplementary None
Reading/
Additional
Activities
Module Topics: Punishment for not paying Zakaah. The heresy of

21 PJ’s claims. Revision of Second Half Material:
Chapters 7 & 8.
Reading Assignments: Chennai Treatise, Chapter Two and Conclusion, pp.

41 – 47. Study Questions 1-13.
Core content:  Punishment for nonpayment of zakaah

 Heresy of PJ’s claims

Module Outcomes:  Refute the claims by PJ
 Identify ways that are used to refute false claims
 Show how the case study is linked to the subject
 Summarize the major talking points
 Revision of study question
 Become familiar with the practical approach to the subject

Clip B- 16 mins
Supplementary None
Reading/ Additional
Activities
Module Topics: Revision of Second Half Material: Chapters 8 & 9.

22
Reading Study Questions 14-30.
Assignments:
Module  Revision
Outcomes:
Clip B- 18 mins
Clip C- 19 mins
Supplementary None
Reading/
Additional
Activities
Module Topics: Revision of Second Half Material: Chapters 10 & 11

23 and Chennai Treatise Chapters 1, 2 & Conclusion.
Reading Assignments: Study Questions 31-55.


Module Outcomes:  Revision

Clip B- 27 mins
Clip C- 25 mins
Supplementary None
Reading/ Additional
Activities

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IOU-OTLR: Course Details and Learning & Assessment Plan

Evolution of Fiqh Module Details

Reading Assignments: The Evolution of Fiqh, Preface to the Second

Core content:  Riddle of the Math’habs,

Recorded Lecture: Clip A- mins

Recorded Tutorial: 30 mins

Supplementary Reading/ None

Module 2 Topics: The Foundation stage

Core content:  The Qur’an

Module Outcomes:  Become familiar with general content of the Qur’an

Recorded Lecture: Clip A- 31 mins

Supplementary Reading/ None

Islamic Online University

Module 3 Topics: Basis of Legislation in the Qur’an, points 1-3:

Core content:  Removal of difficulty

Recorded Lecture: Clip A- 29 mins

Recorded Tutorial: 56 mins

Supplementary Reading/ None

Module 4 Topics: The Foundation Stage: Basis of Islamic Legislation (Point 4)

Core content:  Realization of Universal Justice

Module Outcomes:  Explain what is meant by realization of Universal justice

Recorded Lecture: Clip A- 30 mins

Recorded Tutorial: 30 mins

Supplementary Reading/ None

Islamic Online University

Reading Assignments: The Evolution of Fiqh, Section Two: The Second

Core content:  The Second Stage: Establishment Stage

Recorded Lecture: Clip A- 24 mins

Recorded Tutorial: 30 mins

Supplementary Reading/ None

Module 6 Topics: The third stage: Building stage

Reading Assignments: The Evolution of Fiqh, Section Three: The Third

Core content:  Era of the Ummayads

Module Outcomes:  Become familiar with the Era of the Ummayad

Recorded Lecture: Clip A- 40 mins

Recorded Tutorial: 30 mins

Supplementary Reading/ None

Islamic Online University

Module 7 Topics: The fourth Stage: The Flowering Stage

Reading Assignments: The Evolution of Fiqh, Section Four: The Third

Core content:  Era of the Abbasides (First 200 years)

Recorded Lecture: Clip A- 31 mins

Recorded Tutorial: 30 mins

Supplementary Reading/ None

Module 8 Topics: The Madhabs: Hanafi and Awzai

Core content:  Hanafi Madhab

Module Outcomes:  Understand the chronological formation of Madhabs

Recorded Lecture: Clip A- 30 mins

Islamic Online University

Supplementary Reading/ None

Module 9 Topics: The Madhabs: Maliki, Zaydi; Laythi and Thawri

Reading Assignments: The Evolution of Fiqh, Section Five: The Math’habs:

Core content:  The Maliki Madhab

Module Outcomes:  Become familiar with Maliki Madhabs

Recorded Lecture: Clip A- 26 mins

Recorded Tutorial: 30 mins

Supplementary Reading/ None

Module Topics: Shafi’i Math’hab, Comparison between Hanafi,

Reading Assignments: The Evolution of Fiqh, Section Five: The Math’habs:

Core content:  Shafi Madhab

Islamic Online University

Supplementary Reading/ None

Module Topics: Revision of main features of first four stages of