3-Imām Shafi'ee (ra) Life, Legacy, Methodology and Fiqh

Presented by
Mufti Abdul Waheed
Senior Lecturer and Researcher in Fiqh and Usool ul-Fiqh
at JKN Institute
fatawa@jkn.org.uk
Date: 16/11/14
1

Agenda
2
10:15am Welcoming and introduction to the course
10:20am Session 1: Part 1 & Part 2
11:45am Break (10 mins)
11:55pm Session 2: Continuation of Part 2 & 3
12:45pm Q&A session and closing remarks
1:15pm Zuhr Salah

Course Content
1. PART 1 - Imām Shāfi'ee
2. PART 2 – Legal Methodology
3. PART 3 – Distinctions between the School of Imām
Shāfi'ee and Abu Haneefah
3

Previous Sessions Discussed
The Meaning of Shari’ah
The Formative Period of Usool ul-Fiqh in the first
three generation.
The Emergence of the four Schools and dissemination
throughout the World
The Legal Methodology of the Hanafi School
The Legal Methodology of the Māliki School
4

Part 1
Imām Shāfi'ee (150AH/767 CE – 204 AH/820
CE)
His Name, Early Education, Teachers, Testimony by scholars & Death
5

1. His Name & Family
Muhammad Ibn Idrees Ibn Abbās Ibn Uthmān Ibn
Shāfi Ibn Ubayd Ibn Ubu Yazid Ibn Abdul Muttalib
Ibn Hashim Ibn Abd Manāf Al-Qureishi.
His appellation was Abu Abdullah
Born In Gaza but others assert his place of birth was in
Asqalān.
Father passed away in Syria
Mother brought him to Makkah at the Age of two.
Lived a poverty life during his stay in Makkah.
6

2. Quest for Knowledge
7
• His initial stay in Makkah .
• Studying under Imām Mālik
• Deportation to Baghdad
Phase 1
152 AH/ 769 CE – 184 AH/801
CE
• Studying under Imām Muhammad
• Return to Makkah to commence teaching
• Second visit to Baghdad until settlement in Egypt
Phase 2
184 AH/ 801 CE – 199 AH/816
CE
• His Final settlement in Egypt.
• His Demise
Phase 3
199 AH/816 CE – 204 AH/820
CE

2.a) Phase 1 –
152 AH/ 769 CE – 184 AH/801 CE
Memorised Qur’ān at the age of 7 and memorised the
entire Muwatta at the age of 10.
Was pronounced as the Mufti of Makkah at the age of
15.
Travelled to Madeenah at the age of 20 to study the
Muwatta under the Imām Mālik himself and remained
in his company until his death (179 AH/796 CE)
Became the governor of Yemen around the age of 30
Arrested and deported to Baghdad (age 34) along with
ten other members and presented before the Caliph
Haroon ar-Rasheed
8

2.b) Phase 2 –
184 AH/801 CE – 199 AH/816 CE
Was released under Imām Muhammad’s intercession.
Studied by him for two years.
Acquired the knowledge of the Hanafi Fiqh and the
people of Irāq.
- Engaged in debates and discussion with scholars.
- Was a staunch defender of the Māliki School
- Opposed the concept of legal rationality on hypothetical issues and
emphasised the importance of tradition.
9

Returned to Makkah around the age of 36 (186 AH)
and began lecturing in Masjid Haram for nine years.
 His lectures included;
- Synthesising the School of Mālik and Abu Haneefah.
- Critical analysis of positions with evidences
- Early development of his own legal theory
- Initiated the compilation of Ar-Risālah
10

His second visit to Baghdad in 195 AH and
remained there for four years.
Critically examined the differences between the
jurists.
Initially was recognised an adherent of the Māliki
school.
Engaged in discussions and debates.
Systemised a set of legal principles of inferring and
interpreting Shar’ee laws.
11

2.c) Phase 3 –
199 AH/816 CE – 204 AH/820 CE
His relocation to Egypt influenced his ideas and
legal thoughts;
- Became exposed to new custom and new debates.
- Revised his Ar-Risālah by making additions, erasing, re
defining terms.
- Abandoned the Māliki School and codified his on legal
system for the subsequent jurists.
He died at the age of 54 in the month of Rajab in
Fuslāt (near Cairo).
12

3. Testimony of Scholars regarding
Imām Shāfi’ee
Imām Ahmad Ibn Hanbal said,
“It is related in a Hadeeth in that every century Allah will rise amongst the
Ummah a man who will revive and straighten the Deen. Umar Ibn Abdul Aziz
(became the reviver) in the first century and I hope Shāfi’ee is (the reviver) in
the second.”
Muhammad Ibn Abdul Hakam (a renowned student of Imām Shafi’ee) once
commented about his teacher,
“Had it not been for Shāfi’ee then I would not have known how to respond to
others. It is through him I know what I know. He imparted to me (the svience
of) analogy, may Allah have Mercy on him. He knew the Sunnah and
tradition very well. He was excellent in character and articulate (in debates)
with sound judgments.”
13

4. Teachers
Imām Rāzi states that 19 teachers; 5 from Makkah, 6 from
Madeenah, 4 from Irāq and 4 from Yemen. Some of his
teachers included
1. Imām Malik Ibn Anas
2. Imām Muhammad Ibn Hasan as-Shaybāni.
3. Sufyan Ibn Uyayna
4. Wakee Ibn Jarrah
14

5.Outstanding Students
Rabi Ibn Sulayman al Muradi
Abu Yaqoob al-Buwaiti
Abu Ibrahim Ibn yahya al-Muzani
15

Part 2
The Fiqh of Imam Shāfi'ee
His Legal Methodology, sources of principles, Works and
Development
16

1. Three developmental stages of
Legal Theory
1 • His duration of teaching in Makkah
2
• His second visit to Baghdad and compilation of works.
His opinions during this phase were known as Qawl
Qadeem (previous/old statements)
3
• His final settlement in Egypt where he reviewed his
works and changed his view on his principles, juristic
position and developed new ideas. His opinions duing
this phase is known as Qawl Jadeed (revised/new
statements).

2. The Era of Imām Shāfi’ee
 Formation of principles and early development of two
schools namely, the Hanafi and Māliki schools.
 Spread and profound influence of the deviant sects upon
the Ummah.
 Rationalization of the tenants of Deen
 The Islamic empire spread across Spain (in the West) to the
boarders of China (in the East)
 Intense scholarly debates about juristic matters.
18

3. Systematic Approach to the Sources
Evidence of Judgment;
1. Qur’an and Sunnah
2. Consensus
3. Companions – in the case of differences then to
select the most closest to the primary sources.
4. Analogical deduction
19

4. Legal Methodology
Formulate principles directly from the
Shar’ee sources without discussion of
hypothetical issues.
- The rules of abrogation inferred from abrogated and abrogating
verses.
- The rules of ām (general) and Khās (particular) from Khās and ām
verses
Legal principles remain set and not subject
to change.
20

5. Sources of Principles
The Qur’ān
Classifications of the Qur’anic expressions
1. A general expression with a general implication, “Allah
is the Creator of Everything and He is the Guardian
over everything (39:62).”
2. A general expression but a particular is intended,
“Those whom people say that people have ammassed
against you so fear them…”(3.173)
3. A particular expression but general is intended, “O
Prophet! When you divorce your wives then divorce
them….” (65:1)
21

The Sunnah
 The Prophet’s words, actions and tacit approvals.
 The Sunnah expounds and clarifies ambiguous
terms
 Explains particular and generals of Quranic
terms
 Sunnah is the same rank as the Quran
 It qualifies certain injunctions of the Quran
22

Ijma & Qiyas
Ijma (Consensus)
- The Unanimous Agreement of the the Jusrists upon
the fundamental of the Deen irrespective of the time
Qiyās (Anological deduction)
- Invalidation of Istihsān (legal preference)
23

6. Imām Shāfi'ee’s Renowned Works
(1) Ar-Risalah (the Epistle)
The Old Version – written in Makkah (another
narration in Baghdad)
The New Version – Revised in Egypt
- New principles
- More emphasis on the Sunnah
- Opposes the school of Madeenah
24

Format of Ar-Risalah
Detailed discussion of the various forms of
expression in the Qur’an
Proves the authority of the Sunnah, differs
objections and legal principles of the
authentication of Sunnah.
Ijma, Qiyās, Ijtihad and Ikhtilaf
25

(2) Al-Umm
First composed in Iraq titled –Al Hujjah
Revised in Egypt and titled Al-Umm
Format;
- Discusses Juristic issues
- Analysis of the various opinions with evidences of the different Jurists.
- He wrote and dictated it to the students who then further refines and
transmitted to their students
26

7. Spread of the His legal School
Those regions in which the School of Shāfi'ee
disseminated;
1. Egypt
2. Some parts of Spain
3. Syria
4. Al-Quds and other surrounding regions.
27

Part 3
Some Distinctions Between the
Hanafi and Shāfi'ee School
28

Distinction between both Schools
29
Hanafi School Shāfi'eei School
Abu Haneefah did not compose any
writing s on his legal theory nor
Jurisprudence
Composed his own legal theory and
Juristic work
Represented the Fiqh of Iraq Attempted to combine the School of
Abu Haneefah and Malik but
formulated his own legal reasoning
Do not allow a solitary Hadeeth to
qualify or restrict a Quranic injunction
Sunnah (as a whole) is the similar status
of the Qur’an which can qualify or
restrict a Quranic command
Practice of the local community
(jursist) upon a report outweighs a
solitary report
A rigorous authentic report can
outweigh the practice a local
community even if it is a report.

Recommended Reading
Hasan, F. Fa Usool Fiqh Ki Tareekh, (Urdu),
Pakistan, Dārul-Ishāt.
Abu Zahra, The Four Imāms, London, Darul
Taqwa.
Haddad G.F The Four Imāms, Muslim Academy
Trust, London
Doi, A. R Shariah
30

Scholarly Giants
Let us take you on a journey to the Truth
Imām Ahmad Ibn Hanbal and his Legal School
Date:7/12/14
www.jkn.org.uk.co.uk
Not to be missed!
By
Mufti Abdul Waheed
31

Life 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 Ahmad
Distinction between the Hanafi and Hambali
School
32

Forthcoming Titles in the Series
Critical Discussion on Taqleed
33

‫ا‬‫ري‬‫خ‬ ‫هللا‬ ‫اك‬‫ز‬‫ج‬
Q & A
34

3-Imām Shafi'ee (ra) Life, Legacy, Methodology and Fiqh

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