The Fourth Stage

Flowering
The ‘Abbasid Era I [132H to 350H]
[8th to 10th century CE]
 Introduction
 Starts with the rise of the ‘Abbasid Dynasty founded by
Caliph Abu ‘Abbas (132-136H) and ended till the middle of
the fourth century of Hijrah.
 The caliphs at this time actively supported Islamic
scholarship.
 The emergence of several prominent scholars of Islam.
 This period witness the beginning of Fiqh taking shape as an
independent Islamic science.
 known as the golden Fiqh period (‘asr al-Fiqh al-zahabi), the
flourishing period of Fiqh, (‘asr izdihar al-Fiqh), the
codification period (‛asr al-tadwin) and the period of the
mujtahidÊn (‘asr al-mujtahidin).

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 Introduction [cont’d]
 During this period Fiqh was clearly divided into two
sections:
a. Fundamental principles (Usul) and
b. Secondary principles of scientific, juristic works (Furu’);
 Various principles of Fiqh were developed and the views of
the scholars was compiled and codified.
 Scholars in other field of Islamic sciences such as The
Sciences of al-Qur’an (‘Ulum al-Qur’an), The Sciences of
Hadith (‘Ulum al-Hadith), linguistic also emerge during this
period and developed their respective discipline.
 The Sunnah was also codified which assist the scholars to
differentiate between the authentic and unauthentic
narrations
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 Positive Developments
 The caliphs at this time actively supported Islamic scholarship
 The emergence of several prominent scholars of Islam, like the
founders of 4 madzhab:
a. Abu Hanifah [al-Nu’man ibn Thabit, [80-150H]
b. Al-Imam Malik ibn Anas [93-179H]
c. Al-Imam Muhammad ibn Idris al-Syafi’i [150-204H]
d. Ahmad ibn Hanbal [164-241H]

 Fiqh begin to emerge as an independent Islamic science.

 Also the other field of Islamic sciences such as The Sciences of
al-Qur’an, The Sciences of Hadith, linguistic begin to emerge
during this period and developed as an independent
discipline.
 The codification of the sunnah
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Factors Effecting the Development of Fiqh
1. Government Support towards the Development
of Fiqh and the Fuqaha’
2. Emergence of Competence Mujtahidun and the
Spread of Debate and Discussion
3. Expansion of the Islamic Empire
4. Compilation of Sunnah
5. Compilation of Fiqh
6. Emergence of Different Mazhab of Islamic Law

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 1. Government Support
 The ‘Abbasid Caliphs provide their support and
encouragement to the scholars and assist them in
developing the sciences of Islam including Fiqh
 The Caliphs also have great respect for Islamic law
and its scholars and consulted the scholars in
making several decision.
Example

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 2. Emergence of Competence Mujtahidun
 The emergence of prominent mujtahidun and the
development of the different sciences of Islam.
 In the area of Fiqh and Usul, the founders of the major
schools of Fiqh were the production in this period. They
include Imam Abu Hanifah al-Nu’man, Imam Malik,
Imam, al-Shafi‘i and Imam Ahmad ibn Hanbal.
 They have developed their school of Fiqh during this
period and was later further expanded with the effort of
their students
Click

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 Emergence of Mujtahidun [cont’d]
 These prominent scholars have created the environment
of discussion and academic debate, which has
significantly contributed in the development of Fiqh.
 Whenever scholars or their students met, they would
exchange views and thoughts on various Islamic issues,
which they encountered in their particular areas.
 They would try to debate the said issue until a common
conclusion was reached or various options were
accepted.
 Such of these debates and discussions among the
scholars has resulted in the clarification of certain
important issues and the weeding out of mistake rulings
or judgments among scholars of Islamic law. It has also
contributed in decreasing the differences of opinion
among them.
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 Emergence of Mujtahidun [cont’d]
 Such discussions also contribute to the decreasing of rigidity
or dogmatism on the part of scholars and their students.
 That is, issues were objectively examined and conclusions
arrived at on the basis of the validity of the available proofs
(dalil) that were presented.
 In fact Imam Abu Hanifah and Imam Shafi’i were reported
to have said that if a Hadith was known to be accurate, then
that should be considered their mazhab.
 The free exchange of ideas and willingness to change among
of the founding fathers of the mazhabs clearly illustrates the
absence of that rigidity and fanaticism towards certain
views, which is contrast to the attitude of later scholars of
the mazhabs.

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 3. The Expansion of Islamic Empire
 The expansion has resulted in the increase of the issues of
Fiqh need to be resolve by the scholars.
 The vast differences in the culture and background as well
as the custom of the people in these regions under the
Islamic Empire have lead to the diversion in the nature of
issues which arises.
 Consequently, the scholars developed different method of
ijtihad in order to find solution in these issues based on the
general principles provided by al-Qur’an and Sunnah.
 In addition, the attitude of the people who wanted to find
and practice the Islamic solutions towards the
contemporary issues has motivated the scholars to
multiply their ijtihad in order to resolve the arising issues.
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 The Expansion of Islamic Empire [cont’d]
 This expansion has also resulted in the increasing in the
centers of learning particularly in the major cities in the
Islamic Empire.
 Scholars and students will travel from one center to
another in search of further knowledge
Example:
Imam al-Shafi’i, journeyed first to Hijaz to study under
Imam Malik, then to Iraq in order to study under
Muhammad ibn al-Hasan, and finally to Egypt to study
under Imam al-Layth ibn Sa’ad. Click
 These journeys resulted in the reconciliation of some of the
major differences, which had arisen among scholars and in
the combination of some of the schools of Islamic legal
thought.
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 4. Compilation of Sunnah

 Most of the Sunnah of the Prophet s.a.w. was

compiled and classified during this period.
 This effort which was undertaken by the scholars
of Hadith contributed significantly in reducing the
burden of proving the authenticity of a particular
Hadith among the fuqaha’ in deducing the rulings
of Fiqh.
Click

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5. Compilation of Fiqh

 Fiqh was also compiled on a wide scale and

in a systematic approach during this period.
Click

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6. Emergence of Different Mazhab of Islamic
Law
 The four well known mazhab of Islamic law namely the
Hanafi, Maliki, Shafi‘i and Hanbali schools were
established during this stage of the development of Islamic
law.
 All the above factors has significantly contributed to the
establishment and development of these schools.
 In fact, there are other schools of Islamic law, which was
founded during this period; such as the school of al-Awza’i,
Sufyan al-Thawri, Ibn Abi Layla, Abi Thawr and al-Layth
ibn Sa’ad.
 However, most of them disappeared later on as a result of
the lack of effort in spreading and codifying the views
developed by the founders of these schools
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 FACTORS OF THE DEVELOPMENT OF FIQH
DURING THE GOLDEN PERIOD

EXPANSION OF EMERGENCE OF
GOV SUPPORT
ISLAMIC EMPIRE MUJTAHIDUN

Support in
The Founders developing
of 4 mazhabs the
Increase of sciences of
Fiqh Issues Islam
Academic
Discussion
Increase of & Debate Respect &
Learning
Consultation
Centre
No dogmatism
& fanaticism
DEVELOPMENT
OF FIQH

Four Schools Revelation Revelation

of Fiqh Era Era

Other school Righteous Umayyad

of Fiqh Caliphs Era Era

Abbasid Abbasid
Era Era

EMERGENCE OF COMPILATION COMPILATION

FIQH SCHOOLS OF FIQH OF SUNNAH
 Example I
 Caliph al-Mansur [the 2nd Abbasid Caliphs, Abdullah ibn
Muhammad, 137-158H] consulted Imam Malik (Malik ibn
Anas 93-179H) about allowing him to make his famous
compilation on the Sunnah called al-Muwatta’ as the state
constitution, which would resulted in having the Mazhab
of Imam Malik binding on all Muslims.
 However, the Imam refused to this suggestion, since he
was aware of the limitations of his compilations in al-
Muwatta’ which only comprises of those Hadiths of the
Prophet s.a.w. that were available in Hijaz where he
founded his Mazhab.
Continue
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 Example II
 In another example. Caliph Harun al-Rashid [Harun ibn
Muhammad al-Rashid,170H-193H] requested from Imam
Abu Yusuf, Ya’qub ibn Ibrahim 113-182H [the prominent s
and famous student of Abu Hanifah] to draft the law
related to the administration of land and the Imam wrote
his famous book “Kitab al-Kharaj” which was made the
reference for the state.
 The Caliph also appointed Imam Abu Yusuf to the post of
Chief Judge (qadhi al-qudhah) and he is responsible to
administer the appointment of judges and other related
matters in the Islamic Empire.

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 AL-KUFAH
AL-BAGHDAD
Al-Imam Abu Hanifah
al-Imam Ahmad ibn al-Nu’man ibn Thabit
Hanbal [164 - 241H] [80 -150 H)

AL-MADINAH
al-Imam Malik ibn Anas
[93-179H]
MISR
Al-Imam Muhammad ibn
Idris al-Syafie [150 -204H] Scholars Cities
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The Abbasid Empire

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 [184-186H]
[195-197H]
[198-199H]
BAGHDAD
GAZZA [150H]

[199-204H]
AL-MISR

[165-179H]
AL-
MADINAH

MAKKAH
[151-165H]
[186-195H]
[197-198H]

AL-YAMAN
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[179-184H]
 Compilation of Sunnah
Phase 1 Phase 2 Phase 3 Phase 4 Phase 5
Revelation Umayyad Abbasid Abbasid II Abbasid III
The Sunnah was In 99H Caliph Further step was taken to During the end of All the six authentic
STEPS written down during ‘Umar ibn ‘Abd compile the Sunnah the 2nd century of colllections of Hadith
the time of al-’Aziz has
Hijrah, another were compiled during
revelation. instructed Abu Among the scholars who step has marked this period:
It was further Bakr ibn Hazm to embark on the
PROCESS the development
recorded & narrated compile the Hadith compilation are: of Sunnah. 1. Sahih Bukhari
throughout the of the Prophet 1. Ibn Jurayj of Makkah 2. Sahih Muslim
period of p.b.u.h 2. Sufyan al-Thawri 3. Sunan al-Nasai
companions and 3. al-Auza’i of Sham 4. Sunan Abu Daud
later stage of the The effort was not 4. Malik ibn Anas 5. al-Jami’ al-Tirmizi
development of completed as the 5. Ibn Mubarak of 6. Sunan ibn Majah
Fiqh Caliph passed Khurasan
away before it was 6. Hammad ibn Salamah
accomplised.
The beginning of The end of 2nd 3rd Century of
Prophet hood – 41AH -132AH From 132H
TIME Century Hijrah
11AH
No serious attempt The compilation The Sunnah was During this period, the
TYPE OF combines between the codified w/out
to compile the concentration was
COMPILATION Hadith. Same development saying of the Prophet incorporating them with given to the
and the view of the sayings of scholars. compilation of Sunnah
The narrations were scholars. based on the different
widespread and It was also compiled topics of Fiqh.
many hadith are The compiler recorded according to the
accessible to the the sayings of the narrators of the All the six authentic
scholars and the Prophet, the saying of particular Hadith collections of Hadith
people in general the companions and [Musnad] mentioned above
through the their views on certain followed this method of
narrations by the issues with the sayings Eg. Musnad Imam compilation. 21
narrators. of the tabi’in. Ahmad ibn Hanbal
 Compilation of Fiqh
STEPS/ Phase 1 Phase 2 Phase 3
Stages Revelation Righteous Abbasid
Caliphs & 1. Scholars of different areas of Islamic empire started
Umayyad collecting and compiling the views of the earlier scholars.
The compilation of Similar trend was Al-Madinah: The opinions of ‘Abdullah ibn ‘Umar, ‘Aishah
Fiqh begin during followed during bint Abi Bakr, Abdullah ibn Abbas & some of the tabi’in.
PROCESS the time of the this period but no e.g.: The compilation of Imam Malik in his Muwatta’
Prophet p.b.u.h. systematic
compilation until Al-Iraq: The opinions & views of ‘Abdullah ibn Mas’ud, ‘Ali ibn
It is when he
the second century Abi Talib.
instructed some of e.g.: The compilation of Ibrahim al-Nakhi’i.
of Hijrah
the companions to
compile rulings 2. Some scholars personally compiled their own rulings, while
related to zakah others compiled by their students.
and it was e.g.: Legal verdicts of Abu Hanifah and Ahmad ibn Hanbal
distributed to his
Governors in order 3. Some books of Fiqh compiled the basic principles of Fiqh
to implement them. and Hadith being mentioned as supports.
e.g.: Kitab al-Kharaj by Abu Yusuf & al-Umm by al-Shafie
TIME/Period The beginning of From 132H
11- 132H
Prophet hood – 11H

Fiqh rulings related 4. Other books of Fiqh concentrated on the application

to a particular of Fiqh principles with little reference to Hadiths. These
books were arranged according to the issues that
matter were
being discussed.
compiled and were e.g.: al-Mudawwanah by Ibn Qasim
sent to Governors
as administration 5. Usul al-Fiqh was also compiled during this period 22
aids e.g.: al-Risalah by al-Shafi’i