UNIVERSITI TEKNOLOGI MARA CAWANGAN JOHOR KAMPUS SEGAMAT
FACULTY OF BUSINESS MANAGEMENT
ISB 653 ISLAMIC LEGAL MAXIM HISTORICAL DEVELOPMENT OF FIQH PREPARED FOR:
Ustazah Norizan Bt Othman ISB653 Lecturer & Class of BMB5P1 PREPARED BY:
Nur Razilah Bt Juhari Nor Suriani Bt Abd Manan Nur Asikin Bt Aziz @ Abd Aziz
STAGE Ⅲ - STAGE Ⅵ HISTORICAL DEVELOPMENT OF FIQH
CONTENT Introduction Stage 3:Building (Umayyad) Stage 4:Flowering (Abbasids) Stage 5:Consolidation (Ottoman Empire) Stage 6:Stagnation (Ottoman Empire) Conclusion
Historical Development of Fiqh
Stage III - Building Trends : Increase number of
Ijtihad Increase narration of hadith and fabrication Compilation of fiqh
Factor affecting Fiqh Division of the Ummah Suffered very destructive social political blow result division of Ummah Khawarij & Shiah develop gradually into religious sect by developing their own particular system of Fiqh Deviation of the Umayyad Caliphs Introduced a number of practices which contradict with Fiqh e.g: bayt al-maal, music and magicians Caliph institution was converted into hereditary kingship result scholar refuse to sit in the caliph and manipulation of Fiqh
Factor affecting Fiqh Dispersion of the Ulama
Many scholars flee to avoid conflict and confusion, cause breakdown of ijma’ New point of law became impossible to establish, led to increase in individual ijtihad Number of Mazhab evolved- result from arose Fiqh in particular region
Factor affecting Fiqh Spreading & Fabrication of hadith
Need for information grew – spreading narration of sunnah, individual narrations Fabricator relay some true hadith along with his fabrication. Mixture use of report in decision making – incorrect Fiqh evolved. Led to beginning of compilation of hadith & development science of hadith critics.
Characteristics of Fiqh Ahl Al - Hadith
Ahl Al- Ra’i
Learned towards limiting
Favored the extensive use
their deductions to available texts Make legal ruling based on al-Quran and hadith Center of scholar was Madinah
of deductive reasoning and ijtihad They felt that the various law revealed by Allah had identifiable reasons behind them, whether these reasons were identified by Allah and prophet S.A.W. Center of scholar was Kufah
Reason for Differences Difference approaches of ahl al-hadith & ahl al-ra’i
due to political and social cultural factor • Iraq became a virtual • Hijaz is the birth of Islamic state and had a plenty of hadith and fatwa from 1st three hadith
melting pot of various culture and rise a great number of situation which outside the experience of Muslim scholar. • Small number of hadith • Birth place of fabrication hadith
Compilation of Fiqh
Stage IV - Flowering The Abbasid era started in year 750 CE until 950 CE. Period of independent mujtahid, establishing mazhab, and
also compilation & codification opinion on Fiqh Comprise of:
Factor effecting development of Fiqh
Source of Islamic law
Factor effecting development of Fiqh Government Abbasid caliph and assist scholar in developing sciences of Fiqh Respect and consulted scholar in making decision. Caliph al-Mansur consulted Imam Malik to allowing make al-Muwatta as state constitution But scholar opinion should not ran counter to state policy. Punishment: divorce
Emergence of Mujtahidun &Spread of Debate Founder of major scholar produce Scholar & student from various centers of learning began journeying back & forth in search of further knowledge Scholar &student would exchange thoughts on various Islamic issues
Expansion of Islamic State Cause increase use of ijtihad:
Vast difference in cultural background of people in region under Islamic empire. Developed difference method of ijtihad People want to find & practice the Islamic solution on contemporary issues Increasing in centers of learning in major cities of Islamic empire
Compilation of Sunnah Purpose: reducing the burden of
proving the authenticity of hadith in deduce the ruling of Fiqh In year 99 after Hijrah, caliph Umar ibn Abd al-Aziz instructed Abu Bakar ibn Hazm to compile the hadith of the prophet S.A.W. Abbasid period: compilation of saying of prophet and companions, and their view on certain issues. 2nd century Hijrah: listed based on narrators. 3rd century Hijrah: compilation based on different topic of Fiqh
Compilation of Fiqh
• Began throughout the time of
prophet- instructed Sahabah to compile ruling on zakat • Fiqh were compiled on a wide scale& in a systematic fashion during this period. • Some scholar personally compiled their own rulings & some dictated various problems & their solution to their students who subsequently compile them. • Usul al-fiqh also compiled during this period.
Emergence of different school of Islamic law 4 well known Mazhabs were
established (great imams). Minor scholar of Islamic law
were founded but vanished later on.
E.g: al-awza’I, ibn abi layla$
Source of Islamic law Agreed source:
Source which differ in utilizing it:
Al- Quran
Istihsan
Sunnah
Al- Masalih Al-
Ijma’
Mursalah Istishab Sadd al-dhara’I Urf Amal ahl al- Madinah
Qiyas
Stage V - Consolidation Covered 950CE to 1258CE (attacked by the Mongols) & saw decline of Abbasid dynasty
Limit Fiqh with ijtihad of early scholar – result scholar calling for closing the door of ijtihad
Period of taqlid- blind following of particular view without knowledge of the basis of the view or action to those who slavishly follow a single Mazhab regardless of errors that they see. Focus on 4 Mazhab & they took on dynamism of its own and their follower started to naming themselves after their Mazhab e.g: al- husayn ibn mas’ud al- baghawi al-shafi’i
Taqlid
Taqlid Another factor of taqlid: Anxiety among people due to seizing of power& unstable politics less spirit to t in knowledge field Broken relationship among fuqaha due unstable politics choose to keep silent Government more interested to conquest rather than development of Fiqh Existence of outstanding propaganda about conclusion of law made by few Mazhab
Taqlid
Less confidence & enthusiasm after realize a lot of Fiqh & ijtihad knowledge Closing the door of ijtihad To prevent unqualified person make ijtihad Cause genuine scholar obstructed to spread the truth
Contributions of Scholars
Stage VI - Stagnation
n order to fill this legislative gap:-
Effects to the Development of Islam:-
Codification of Fiqh
lA h a l l ja Ala 6. M hkam h A liyya Ad
of n io t a ic f i d o c t s r as i f w er he text and t d un n d e g al 5 H a e c s i 8 l e t u 2 s a h o 1 t u s H r m w a ea y 3 of J a b 9 f y 2 d e c l a he 1 ter e h r c T s r i a t ’ s nt i i o e f f n m y n i i na a Isla gins ed in he M rnme as en H e t w e e t e h - B pl y Go v a n d t b s comeaded man icles ent favor -H Otto 1 art ernm ment the as 185n gov nact -H oma the e Ott ost of -M w vie
Present state of Islamic law
Fiqh academy Islamic Research Academy
Explanation • • •
World Fiqh Academy
• •
Islamic Academy in Makkah
Founded by the University of AlAzhar, Egypt in 1961. Has from different mazhab . Leader – Shaikh of Al-Azhar.
Under the Organization of Islamic Conference (OIC). Established as a result of the resolution no. 8/3 that ed in the meeting of the OIC.
• Founded by the Saudi Arabian Government
CONCLUSION From the above chapters we have seen that the Mazhab has
gone through four basic stages as a result of the effects of the factors:
conditions of the Muslim state status of religious leadership communication among scholars
Scholars managed to keep the flexibility of previous times,
readily discarding their individual rulings in favor of the rulings of others which were based on more authentic or comprehensive Hadith