Historical Development Of Fiqh r3b1c

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

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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