Development of Usool-ul Fiqh in the 3rd and 4th era | Reasons for differences

Presented by
Mufti Abdul Waheed
Senior Lecturer and Researcher in Fiqh and Usool ul‐Fiqh
at JKN Institute
fatawa@jkn.org.uk
Date: 14/9/14
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Agenda
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10:15am Welcoming and introduction to the course
10:20am Session 1: Part 1
11:40am Break (15 mins)
11:55am Session 2: Part 2 & Part 3
12:45pm Q&A session and closing remarks

Course Content
1. Introduction
2. Evolvement Period
3. PART 1 ‐ Umayyid and Abbasid period
4. PART 2 – Formation of the Legal Schools
5. PART 3 – Reasons for Differences
6. Conclusion
3

1. Introduction
The formative period during the 3rd & 4th generation
took on a new shape.
Islamic expansion was on the increase.
Influx conversion of non‐Arabs
The need for consolidation and preservation of the
various Islamic disciplines.
The rise of Muslim luminaries of great scholarship
The survival of the four legal schools
Differences are to be appreciated
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2. Different stages of Evolvement
1: Foundation
‐ The Messenger of Allah (saw)
2: Establishment
‐ The Era of the Companions
3: Construction
4: Cultivation
5: Consolidation

Part 1: Development During the Umayyid
and Abbasid Period
(3rd & 4th Era)
6

7
Brown: During the period of the Prophet and after his demise
Orange: The period of the four rightly guided Caliphs
Yellow: The Umayyid period

3. Umayyid Period 41 A.H – 132 A.H
(661 C.E. – 749 C.E.)
 Increase transmission in Hadeeth
 Dispersion of scholars throughout the extended Islamic
empire.
 Increase of centres to Islamic learning
 Emergence of deviant sects;
‐ Khawarij (Lead by Abdullah ibn Wahb al‐Rasibi)
‐ Shi’ah (a faction of Rawāfidh founded by Abdullah ibn Saba)
‐ Zaidiyyah (a cult of the mainstream Shi’ah sect)
‐ Mu’tazilah (founded by Wāsil ibn Atā)
 Influx reversion of non‐Arabs to Islām
 Emergence of two major schools; Ahl al‐Hadeeth & Ahl ar‐
Ra’i
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Ahl al‐Hadeeth (Traditionalist)
Major centre was Madeenah and Makkah
More adherent to the apparent meaning of
the Hadeeth
Less prone to interference of foreign culture
No deviant sects resided in these regions.
Accessibility to Hadeeth was not difficult
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Ahl ar‐Ra’i (Legal Rationalist)
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Major centre was Iraq (initially Kufā)
Influx migration of companions
Encountered unprecedented issues requiring
extensive Ijtihād
Two more concepts were introduced under
Qiyās;
‐ Istihsān (legal preference)
‐ Istislah (public interest)
Iraq was residence for fabricators of Hadeeth

3. Represented Scholars in each of these Provinces
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• Ummul Mu’mineen A’isha (ra)
• The three caliphs
• Abdullah ibn Umar (ra)
• Abu Hurairah (ra)
• The seven jurists of Madeenah: Sa’eed ibn Musayyib, Urwah ibn al‐Zubair, Abu Bakr ibn Abdur
Rahman, Qasim ibn Muhammad, Ubaydullah ibn Abdullah, Sulayman ibn Yasār and Khārijah ibn
Zaid.
Madeenah
• Abdullah Ibn Abbas
• Mujāhid ibn Jubair
• Ikrimah
• Ata ibn Abi Rabah
Makkah
• Abdullah ibn Mas’ood
• Ali ibn Abi Tālib
• Alqamah
• Qadhi Shuraih
• Ibrahim al‐Nakhai
Kufā

Compilation
No formal compilation of Usool took shape
except collection of the statements and
Fatāwa of the companions
Umar ibn Abdul Aziz (d.101 A.H./719 C.E.)
instructed Ibn Shihāb al‐Zuhri (d.124
A.H./741 C.E.) to compile Hadeeth.
12

5. Cultivation
The Abbasid period 133 A.H – 338 A.H (750 C.E. – 950 C.E.)
 Continuation from the Umayyid Period (3rd Era)
 Each science evolved into an independent Islamic
discipline
 Inauguration of the science of Jarh (authentication) and
Ta’deel (authentication).
 No strict adherence to any school in the first hundred years
 Increase of Islamic centres e.g. Baghdad, Shām and Egypt,
Spain
 Organization of Fiqh
13

Reputable Scholars During this period
The leaders of the four schools
Sufyān al‐Thowri (d.161 A.H./777C.E.)
Abu Abdur Rahmān ibn Muhammad al‐Awza’i (d.157
A.H./777C.E.)
Zufr ibn Hudhail (d.158 A.H./774 C.E.)
Muhammad ibn Abdur rahmān ibn Aby Layla (d.148
A.H./765 C.E.)
Muhammad ibn Hasan al‐Shaybāni (d.189 A.H./804
C.E)
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6. Consolidation
1. Articulation of Usool ul‐Fiqh
‐ Legal language
‐ Imperative and prohibition
‐ Classifications of transmitted reports
‐ Abrogation
‐ Classifications of Ijma
‐ Ijtihād/Qiyās
‐ Taqleed
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2. Methodological approaches to Usool al‐Fiqh
‐ Deductive approach
‐ Inductive approach
3. Elaboration on Juristic principles with details
evidences
4. Harmonizing between juristic principles with detailed
case studies
5. Arrangement of juristic chapters such as purity, Salāh,
Zakāt, Hajj and so on.
6. Debates and discussions between scholars
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Some Compilation of Fiqh during this Period
Kitābul Kharrāj – Imām Abu Yusuf
‐ dealing with political affairs
Al‐Umm – Muhammad ibn Idrees al‐Shāfi’ee
‐ detailed principles and juristic cases based on Shāfi’ee madh‐hab
Al‐Risālah ‐ Muhammad ibn Idrees al‐Shāfi’ee
‐ compilation of Usool ul‐Fiqh
Ta’see al‐Nadhr (fundamentals of analysis)
– Abu Zaid al‐Daboosi
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Part 2
Formation of the
Legal Schools

1. Madh‐hab
Literal = To go (‫.)ذﻫﺐ‬
Technical – A particular opinion of a Jurist. There are various implication to this;
 A legal doctrine concerning a group of cases e.g. Differences of
opinions between the two or more schools.
 A principle underlying a group of derivative cases.
 Subsequently when an opinion was characterised as ‘Al‐madh‐hab’
it signified an opinion to be the standard normative of that school.
 Strict loyalty of jurists (as well as non‐jurists) to a collective legal
doctrine attributed to the eponym of that school.
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2. Progressive Stages
Doctrinal School
Loyalty to the legal doctrines (principles) of the jurist, application and further refinement
of those legal doctrines. The emergence of the four legal schools.
Personal School
Students collated juristic principles from their teacher, however the juristic principles were limited to the
tutor, debated on legal issues and issued verdicts but no compilation at this stage
Scholarly Circles
Students would gather around a jurist to learn from him, however no strict loyalty to one
jurist existed
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Distinction
Personal School Doctrinal School
Was limited to the individual Jurist A collective Entity
Methodological awareness was non‐
existent
Methodological awareness existed and
legal principles took shape
No well‐defined boundaries Well‐defined boundaries
Departure from the tutor’s principles
was not considered abandoning his
circle
Departure from the legal principles
altogether was considered departure
from the school
The Imām’s legal school represented a
collective contribution of the principles
of that region.
22

3. Reasons for Defunct and Survival of
Schools
Defunct Survival
Limited to personal school Developed to the doctrinal stage
No codification of their works after
their demise
Works compiled, refined, elaborated
and transmitted to the subsequent
generations
No Political support Received political support e.g. assumed
high posts
Minimal and non‐influential students Attracted high calibre of jurists.
Due to similar principles, one school
became absorbed into the other and
eventually displaced.
Codified principles to find solutions to
unsolved matters.
23

Defunct and Surviving Schools
Defunct Surviving
Awza’ee School (Syria & Spain)
Jareeri School (Tabaristan & Egypt)
Laythee School (Egypt)
Thawree School (Kufā)
Dhahiree School (Kufā & Baghdad)
Hanafi School
Mālikee School
Shāfi’ee School
Hanbali School
24

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Part 3
Understanding
Differences

1. Semantics of words
Shared Meaning
“And divorced women will observe a waiting period of
three Quroo.” [Q:2:228]
(1) Imām Shāfi’ee – Quroo means period of purity
(2) Imām Abu Haneefah ‐ Quroo means menses
27

Primary (Haqeeqat) usage or secondary (Majāz) usage
“…or you touched women and cannot find water.” [Q 4:43]
(1) Imām Shafi’ee – touching implies mere touching
with hands. Haqeeqat
(2) Imām Abu Hanifah – touching implies intimate
relationship. Majāz
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Grammatical implications of a word or letter
“O Believers! When you stand for Salāh the wash your
hands and your feet to your elbows and (perform)
masah over your heads and (wash) your feet.” [Q 5:6]
The implication of ‘waw’ and;
(1) Imām Shāfi’ee – the waw implies for sequential (tarteeb), hence
performing wudhu in the correct sequence is Fardh.
(2)Imām Abu Haneefah – the waw implies unrestricted order (mutlaq
Jam’a). Thus to wash the bodily limbs in the correct order is not Fardh.
29

2. Narrations of Hadeeth
Conditions of accepting Hadeeth
‐ Imām Mālik would only accept a Hadeeth if it
conformed to the practice of the people of Madinah
‐ Imām Abu Haneefah would accept a Hadeeth if the
narrator reported it as verbatim from his teacher
‐ Imām Ahmad would accept mursal Hadeeth
‐ Imām Shāfi’ee would accept the report of the
majority whilst Imām Abu Haneefah would at times
accept the last of the Prophet’s (saw) action even if the
number of reports are less.
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3. Other Reasons for Differences
The companions approach to Hadeeth
Accessibility of Hadeeth
Resolution of textual conflict
Identification of the legal ratio (illah)
Preferring the view of one’s teachers over
another jurist’s view
Application of Hadeeth
Principles of Ijtihād
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Conclusion
The 3rd era (Umayyid) set the foundation for the
evolvement of Usool‐ul fiqh in the subsequent
generation.
In each province of the Islamic world you had
represented scholars.
The major centres to Islamic learning were initially
Makkah, Madeenah and kufā.
Only the four schools survived whilst the other Madh‐
habs became defunct.
Differences amongst scholars were based on valid
reasons.
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Recommended Reading
 Hasan, F. Fa Usool Fiqh Ki Tareekh, (Urdu), Pakistan, Dārul‐
Ishāt.
 Amīni , M.T. Ijtihād, (Urdu) Karachi, Qadeem Kutub Khana
 Amīni, M.T (1991) Fiqh Islam ka Tāreekhi Pass Manzar, Karachi,
Qadeem Kutub Khana
 Hallāq, W. (2007) A History of Islamic Legal Theory, Cambridge,
University Press
 Hallāq, W. (2007) Origins of Evolution of Islamic Law,
Cambridge, University Press
 Khandelvi, M.Z. Differences of the Imams, London, Azhar
Academy.
33

History of Usool ul‐Fiqh Series
Let us take you on a journey to the Truth
Imām Abu Haneefah and his Legal School
Date:12/10/14
www.goldenera.eventbrite.co.uk
Not to be missed!
By
Mufti Abdul Waheed
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Life of Imām Abu Haneefah and his works
His knowledge on Fiqh and Hadeeth
His legal theory and methodological framework.
Contributors to the development of his school
His students
Testimony of scholars about Imām Abu Haneefah
Analysis of some criticisms against him and
detailed responses.
35

Forthcoming Titles in the Series
The School of Imām Malik
The School of Imām Shāfi’ee
The School of Imām Ahmad ibn Hanbal
Critical Discussion on Taqleed
36

‫ا‬‫ﲑ‬‫ﺧ‬ ‫ﷲ‬ ‫اك‬‫ﺰ‬‫ﺟ‬
Q & A
37

Development of Usool-ul Fiqh in the 3rd and 4th era | Reasons for differences

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Development of Usool-ul Fiqh in the 3rd and 4th era | Reasons for differences