HISTORY OF FIQHHISTORY OF FIQHIntroductionIntroduction Islam was revealed by Prophet s.a.w over Islam was revealed by Prophet s.a.w over

23 years(13 yrs- Mekah & 10 yrs 23 years(13 yrs- Mekah & 10 yrs Madinah)Madinah)

The development of Islamic law 6 majors The development of Islamic law 6 majors stages as follows :-stages as follows :-

a)a) Foundation : the era of the Prophet s.a.wFoundation : the era of the Prophet s.a.wb)b) Establishment : Khulafa al rashidin Establishment : Khulafa al rashidin c)c) Building :Umayyad dynasty – middle of 8Building :Umayyad dynasty – middle of 8thth

century.century.d)d) Flowering : Abbasid dynasty – middle of Flowering : Abbasid dynasty – middle of

1010thth century centurye)e) Consolidation : the decline of Abbasid to Consolidation : the decline of Abbasid to

invasion of Bagdad by the Monggol invasion of Bagdad by the Monggol (middle 13(middle 13thth century) century)

f)f) Stagnation and decline : sacking of Stagnation and decline : sacking of Baghdad in 1258 CE to present timeBaghdad in 1258 CE to present time

The First stage : The First stage : Foundation / Period of Foundation / Period of

Revelation Revelation Consist of 2 phases :- Legislation in Consist of 2 phases :- Legislation in

Mekah and Madinah respectivelyMekah and Madinah respectively Legislation MekahLegislation Mekah 13 years in Mekah after his Prophet hood13 years in Mekah after his Prophet hood Revelation focused on building the Revelation focused on building the

ideological of Islam i.e.building faith, ideological of Islam i.e.building faith, inculcate good character and moral value.inculcate good character and moral value.

Building / strengthening foundation of Building / strengthening foundation of Islamic belief for the muslim to face the Islamic belief for the muslim to face the challenges in Mekah and future challenges in Mekah and future challenges challenges

The important theme in this period as follows:The important theme in this period as follows:A)A) The unity and existence of AllahThe unity and existence of AllahB)B) Life after deathLife after deathC)C) Heaven and hellHeaven and hellD)D) Stories of previous peopleStories of previous peopleE)E) Challenges of the pagan of MekkahChallenges of the pagan of MekkahF)F) Moral valueMoral value

Not many Islamic law was discussed. The Not many Islamic law was discussed. The rulings issue mainly for character building of rulings issue mainly for character building of muslim. i.e. solat, zakat, fasting, sedakahmuslim. i.e. solat, zakat, fasting, sedakah

Legislation Al MadinahLegislation Al Madinah Concern with the organization of muslim Concern with the organization of muslim

state. Also revealed the social and economic state. Also revealed the social and economic law of shariah. law of shariah.

Revelation strengthening the foundation of Revelation strengthening the foundation of Imam and Tauhid. However, most of the Imam and Tauhid. However, most of the basic topic of the law for development of basic topic of the law for development of Islamic nation. Islamic nation.

The most theme are as follows:-The most theme are as follows:-a)a) Legal injunction i.e 3 pillars of islam.Legal injunction i.e 3 pillars of islam.b)b) People of the bookPeople of the bookc)c) Jihat and ruling related to warfareJihat and ruling related to warfared)d) The munafiq (hypocrites)The munafiq (hypocrites)e)e) Moral and ethics related to social lifeMoral and ethics related to social life

The Method of Quranic The Method of Quranic Legislation Legislation

The quran not reveal all at one time but The quran not reveal all at one time but stages.stages.

There are several ways how the quran There are several ways how the quran was revealed. The details are as follows:-was revealed. The details are as follows:-

a)a) The quran address specific issue that had The quran address specific issue that had occurred during the time of Prophet s.a.woccurred during the time of Prophet s.a.w

b)b) The quran was revealed in order to The quran was revealed in order to answer queries forward by companions.answer queries forward by companions.

c)c) The revelation because it needed in The revelation because it needed in society.society.

Characteristic of Characteristic of LegislationLegislation

1.1. Gradation of legislationGradation of legislationa)a) Revelation takes 23 yearsRevelation takes 23 yearsb)b) Revealed gradually e.g in early period solat is required 2 Revealed gradually e.g in early period solat is required 2

time before revise to 5 times. The prohibition of winetime before revise to 5 times. The prohibition of winec)c) Gradation in legislation certain ruling.Gradation in legislation certain ruling.

2. Removal of hardship2. Removal of hardship All the injunction is not mean to be burden or create any All the injunction is not mean to be burden or create any

difficulties for man to implemented them. difficulties for man to implemented them.

3. Naskh ( Abrogation) 3. Naskh ( Abrogation) The existence of abrogation in Islamic law indicated the The existence of abrogation in Islamic law indicated the

fact that it is consider suitable of particular legislation to fact that it is consider suitable of particular legislation to be implemented and ensure that legislation served its be implemented and ensure that legislation served its objective. However, its suitability may disappear later objective. However, its suitability may disappear later once the objective have been achieved.once the objective have been achieved.

Sources of Islamic lawSources of Islamic law- Al quran and sunnah onlyAl quran and sunnah only- Use Ijtihad but the occurrence is not independent as the Use Ijtihad but the occurrence is not independent as the

validity depended on divine revelation. Ijtihad is merely validity depended on divine revelation. Ijtihad is merely giving lesson to sahabat. example giving lesson to sahabat. example

Battle of Badr, Battle of TabukBattle of Badr, Battle of Tabuk

Compilation During This PeriodCompilation During This Period- Prophet has appointed some of his companion to record Prophet has appointed some of his companion to record

Al quran. The tasks was taken by Zaid ibn Thabit, Ali Abi Al quran. The tasks was taken by Zaid ibn Thabit, Ali Abi Talib and others. When Prophet passed away, the whole Talib and others. When Prophet passed away, the whole quran was compile and many companion memorized quran was compile and many companion memorized them.them.

- Prophet not allow people to record his saying at the Prophet not allow people to record his saying at the earlier stage. However, later stage he allow to records earlier stage. However, later stage he allow to records his his sayssays..

The second stage : khulafa The second stage : khulafa al Rashidinal Rashidin

It represented the era of Righteous Caliphs and It represented the era of Righteous Caliphs and the major component of the prophet. the major component of the prophet.

This period the issue of fiqh arise as the result This period the issue of fiqh arise as the result of expansion of Islamic emperor – new issues of expansion of Islamic emperor – new issues and problems and problems

Problem Solving Procedure of Righteous Caliphs Problem Solving Procedure of Righteous Caliphs -among the steps taken to solve new problems-among the steps taken to solve new problemsa)a) Search Al quranSearch Al quranb)b) If no solution refer to al sunnahIf no solution refer to al sunnahc)c) If no solution called meeting with major If no solution called meeting with major

sahabah (ijma al sahabi)sahabah (ijma al sahabi)d)d) If unanimity – take majority opinion If unanimity – take majority opinion

Main reasons for different Main reasons for different opinion among the opinion among the

companion companion Difference in the knowledge of the Difference in the knowledge of the

existence of particular Hadith. existence of particular Hadith. Difference in their acceptance of Difference in their acceptance of

HadithHadith Difference in the interpretation and Difference in the interpretation and

understanding of Quranic Text.understanding of Quranic Text. Difference in the method of Ijtihad Difference in the method of Ijtihad

Characteristic of Fiqh Characteristic of Fiqh Deal with real issues that occur in societyDeal with real issues that occur in society The righteous caliphs and some scholar The righteous caliphs and some scholar

have developed certain procedure in have developed certain procedure in deducing ruling of Fiqh but yet they never deducing ruling of Fiqh but yet they never said it must be followed. It reflect the said it must be followed. It reflect the respect for freedom of opinion.respect for freedom of opinion.

The using of personal opinion is the The using of personal opinion is the characteristic of fiqh but closely stick to characteristic of fiqh but closely stick to literal meaning in Al quran and sunnahliteral meaning in Al quran and sunnah

Changing of law with disappearance of the Changing of law with disappearance of the reason for the law’s existence and changes reason for the law’s existence and changes in social condition.in social condition.

No different mazhab.No different mazhab.

Compilation during this Compilation during this periodperiod

The quran was codified during Abu The quran was codified during Abu Bakr, and completed during Bakr, and completed during Uthman. The copies of Utmani Uthman. The copies of Utmani mushaf was distributed to different mushaf was distributed to different region of islamic empire. region of islamic empire.

However, the compilation of sunnah However, the compilation of sunnah only started , initiated by Umar r.a only started , initiated by Umar r.a and also compilation of fatwaand also compilation of fatwa

The 3The 3rdrd Stages Stages This stage is regarded as the building of This stage is regarded as the building of

stages.stages. There were certain policies, introduced by There were certain policies, introduced by

Umayyad Caliphs, contradict to the Fiqh. Umayyad Caliphs, contradict to the Fiqh. The office of Caliph was converted to The office of Caliph was converted to

hereditary kingship – end of the principle of hereditary kingship – end of the principle of Shura.Shura.

The boundary of Islamic states widen and The boundary of Islamic states widen and arise more issue and problems.arise more issue and problems.

More systematic compilation of fiqh used More systematic compilation of fiqh used which aimed at preserving the ijtihad of which aimed at preserving the ijtihad of sahabah.sahabah.

Development of FiqhDevelopment of Fiqh

a) Increase in the issue of Fiqh and Ijtihad.a) Increase in the issue of Fiqh and Ijtihad. The expansion of the Islamic empire had resulted to The expansion of the Islamic empire had resulted to

increase number of people accepting Islam. ( various increase number of people accepting Islam. ( various religion and background) The nature of the issue religion and background) The nature of the issue varied. varied.

b) Spreading of Fabrication of Hadithb) Spreading of Fabrication of Hadithc)c) Emergence of the school of Hadith and opinion Emergence of the school of Hadith and opinion The 2 different approaches in deducing the rulling of The 2 different approaches in deducing the rulling of

Fiqh are Fiqh are a) the inclination toward limiting the deducing based a) the inclination toward limiting the deducing based on available text – subsequently known as school of on available text – subsequently known as school of hadisthhadisthb) the inclination towards deducing based on personal b) the inclination towards deducing based on personal reasoning – subsequently known as school of opinion.reasoning – subsequently known as school of opinion.

Compilation Compilation

The sunnah compilation still incomplete The sunnah compilation still incomplete during this period. However, effort to during this period. However, effort to continue the compilation was continued.continue the compilation was continued.

Compilation of shariah legal ruling Compilation of shariah legal ruling during this period.during this period.

The school of hijaz collected various The school of hijaz collected various fatwa from sahabah namely Abdullah ibn fatwa from sahabah namely Abdullah ibn Abbas, Abdullah ibn Umar, Aishah Abu Abbas, Abdullah ibn Umar, Aishah Abu Bakar and others. Bakar and others.

The 4The 4thth Stages: The Stages: The Abasid EraAbasid Era

The caliph at this time actively supported Islamic scholarship.The caliph at this time actively supported Islamic scholarship. The emergence of several prominent scholars of Islam which The emergence of several prominent scholars of Islam which

later became independent mujtahids, established their madzhab later became independent mujtahids, established their madzhab Fiqh was divided into 2 sections :- fundamental principal (usul) Fiqh was divided into 2 sections :- fundamental principal (usul)

and secondary principle of scientific, philosophical and and secondary principle of scientific, philosophical and theological work (furu).theological work (furu).

There was also emerging of several school of other field such as There was also emerging of several school of other field such as The sciences of al Quran, sciences of Hadith, linguistic and The sciences of al Quran, sciences of Hadith, linguistic and others.others.

Various principle of Fiqh were developed and the view of the Various principle of Fiqh were developed and the view of the scholars particularly the opinion of 4 mazhab were compiled and scholars particularly the opinion of 4 mazhab were compiled and codified. codified.

The sunnah was also codified which assisted the scholars to The sunnah was also codified which assisted the scholars to differentiate between the authentic and unauthentic narrations. differentiate between the authentic and unauthentic narrations.

This healty development is also known as golden Fiqh period, This healty development is also known as golden Fiqh period, the flourishing period of fiqh, the codification period and the the flourishing period of fiqh, the codification period and the period of the mujtahid.period of the mujtahid.

Factors Effecting the Factors Effecting the development of Fiqhdevelopment of Fiqh

The government support towards the The government support towards the development of Fiqh and Fuqahadevelopment of Fiqh and Fuqaha

- The caliph support and respect for the Islamic The caliph support and respect for the Islamic law e.g Imam Malik was called by Caliph law e.g Imam Malik was called by Caliph Mansur to compile the sunnah called al Mansur to compile the sunnah called al Muwarra as the state constitution., Imam Muwarra as the state constitution., Imam Yusuf during Harun al Rashid drafted law Yusuf during Harun al Rashid drafted law related to administration of land in the book related to administration of land in the book entitle Kitab al Kharaj. entitle Kitab al Kharaj.

- However, the ulama cannot challenge the state However, the ulama cannot challenge the state policy policy

Emergence of Competent Emergence of Competent Mujtahidun and the Spread of Mujtahidun and the Spread of

Debate and DiscussionDebate and Discussion Many prominent mujtahid emerged and developed the different Many prominent mujtahid emerged and developed the different

science of Islam. science of Islam. The founders of major fiqh were produced in this period namely The founders of major fiqh were produced in this period namely

Imam Abu Hanifah, Imam Malik, Imam Shafie and Imam Ahmad ibn Imam Abu Hanifah, Imam Malik, Imam Shafie and Imam Ahmad ibn HanbalHanbal

The prominent school created the environment of discussion and The prominent school created the environment of discussion and academic debate.academic debate.

They would try to debate the said issue until a common conclusion They would try to debate the said issue until a common conclusion was reached.was reached.

There is also lack of rigidity or dogmatism on the part of schools There is also lack of rigidity or dogmatism on the part of schools and their students.and their students.

The issue were objectively examine and conclusion arrived at the The issue were objectively examine and conclusion arrived at the basis of the validility of available proofs were presented. basis of the validility of available proofs were presented.

Free exchange of ideas and willingness to change even the rulling Free exchange of ideas and willingness to change even the rulling of the founding fathers of the mazhab clearly illustrate the absence of the founding fathers of the mazhab clearly illustrate the absence of the rigidity and fanaticsm.of the rigidity and fanaticsm.

Compilation of SunnahCompilation of Sunnah Most of the sunnah of prophet s.a.w was compiled and classified Most of the sunnah of prophet s.a.w was compiled and classified

during this period.during this period. This effort which was undertaken by the scholars of hadith This effort which was undertaken by the scholars of hadith

contibuted significantly in reducing the burden of providing the contibuted significantly in reducing the burden of providing the authenticity of particular hadith among fuqaha in deducing the authenticity of particular hadith among fuqaha in deducing the ruling of fiqh. ruling of fiqh.

During the Abasid, some of the scholar took further steps to During the Abasid, some of the scholar took further steps to compile the Sunnah of Prophet and the view of the scholars.compile the Sunnah of Prophet and the view of the scholars.

During the end of the second century, the condification of sunnah During the end of the second century, the condification of sunnah took another steps with require to compile list of its narrators took another steps with require to compile list of its narrators called musnad. called musnad.

Later on, during the third century of hijrah , the concentration was Later on, during the third century of hijrah , the concentration was compilation of sunnah based on different topics of fiqh. compilation of sunnah based on different topics of fiqh.

All the six authentic collection of hadith followed this method of All the six authentic collection of hadith followed this method of compilation. i.e. Sahih Bukhari, Sahih Muslim, Sunan of Al Nasa, compilation. i.e. Sahih Bukhari, Sahih Muslim, Sunan of Al Nasa, Sunan of Abu Daud, Al Jami of Tarmizi, Sunan Ibn Majah. Sunan of Abu Daud, Al Jami of Tarmizi, Sunan Ibn Majah.

Compilation of FiqhCompilation of Fiqh Fiqh was also compiled on wide scale and systematic Fiqh was also compiled on wide scale and systematic

approach during this period.approach during this period. The scholar of different areas of islamic empire started to The scholar of different areas of islamic empire started to

compile the views of the earlier scholars. E.G The scholar compile the views of the earlier scholars. E.G The scholar of Madinah compiled the opinion of Abdullah Umar, Aishah of Madinah compiled the opinion of Abdullah Umar, Aishah Abdullah ibn Abbas. Abdullah ibn Abbas.

Some scholar personally compile their own rulling and Some scholar personally compile their own rulling and legal issue verdicts. legal issue verdicts.

Some started to write about fiqh where basic principle of Some started to write about fiqh where basic principle of Fiqh and hadith being mentioned to support its ideas. Fiqh and hadith being mentioned to support its ideas.

In addition to compilation of fiqh, the science of deducing In addition to compilation of fiqh, the science of deducing the rulling from their sources known as Usul al Fiqh were the rulling from their sources known as Usul al Fiqh were also compiled. Famous work al Risalah by Imam Shafie.also compiled. Famous work al Risalah by Imam Shafie.

Emmerge of Different Emmerge of Different school of Islamic Lawschool of Islamic Law

There 4 mazhab of Islamic law There 4 mazhab of Islamic law emerged at this period namely emerged at this period namely Hanafi, Shafie, Maliki and Hanbali.Hanafi, Shafie, Maliki and Hanbali.

This mazhab was eatablished as a This mazhab was eatablished as a result of the above mentiod result of the above mentiod development. development.

The Madhhab – major The Madhhab – major Fiqh SchoolsFiqh Schools

Maddhab is derived from the root word dhahaba.Maddhab is derived from the root word dhahaba. Literally means a way of going. Literally means a way of going. In Islam legal parlance, madzhab refers to school of Islamic In Islam legal parlance, madzhab refers to school of Islamic

jurisprudence whose locus lies on the way of interpreting and jurisprudence whose locus lies on the way of interpreting and applying shariah.applying shariah.

The body of Islamic law practised anf followed by the Muslim today The body of Islamic law practised anf followed by the Muslim today is derived from the 4 sunni of maddhab and shi’ah school.is derived from the 4 sunni of maddhab and shi’ah school.

There are no major differences separating the sunni school as all of There are no major differences separating the sunni school as all of them subscribe to the same fundamental of Islam, doctrines of faith them subscribe to the same fundamental of Islam, doctrines of faith and pillar of Islam.and pillar of Islam.

The only difference or dispute is on the matter of details especially The only difference or dispute is on the matter of details especially when dealing with the interpretation of the Al quran, sunnah and when dealing with the interpretation of the Al quran, sunnah and methods of forming oppinion on the issue not covered by the quran methods of forming oppinion on the issue not covered by the quran and sunnah. and sunnah.

The shi’ah deriving from the political designation as the partisan of The shi’ah deriving from the political designation as the partisan of Ali when first civil war broke between Muawiyah and AliAli when first civil war broke between Muawiyah and Ali