INTRODUCTION TO

[RKFQ 2060]

IQH

Part II HISTORY OF ISLAMIC LAW

MAJOR STAGES OF THE DEVELOPMENT OF FIQH

FOUNDATION
The era of the Prophet s.a.w. (609-632CE)

ESTABLISHMENT
The era of the Khulafa al-Rashidin, from the death of the Prophet s.a.w. to the middle of the seventh century (632-661CE)

BUILDING
The founding of the Umayyad dynasty (661CE) until its decline in the middle of the 8th century CE

FLOWERING
The rise of the Abbasid dynasty in the middle of the 8th century CE to the beginning of its decline around the middle of the 10th century CE

CONSOLIDATION
From the decline of the Abbasid dynasty at about 960CE to the invasion of Baghdad by the Mongols in the middle of the 13th century CE

STAGNATION AND DECLINE

The sacking of Baghdad in 1258 CE to the present time.

MAJOR STAGES OF THE DEVELOPMENT OF FIQH

STAGE 1 STAGE 2 STAGE 3 STAGE 4 STAGE 5 STAGE 6

Foundation

Establishment

Building

Flowering

Consolidation

Stagnation & Decline

The Ottoman Era Characteristics Fiqh literatature

The era of Prophet Muhammad p.b.u.h Legislation in Makkah Legislation in Madinah Focus of Legislation Characteristics of Legislation Sources of Islamic Law The beginning of Prophet hood 11AH

The era of the Righteous Caliphs Problem-solving procedures Ijtihad of the Companions Difference of Views among the Companions

The Era of the Umayyad Dynasty Practices introduced by the Umayyad Ijtihad

The Abbasid Era Golden period of Fiqh Positive developments

The Abbasid Era II Taqlid Reasons for Taqlid Contributions of scholars

Present state of Islamic Law

11AH 40AH

41AH -132AH

132AH 350AH

350AH 656AH

656AH Present

Characteristics
Gradation in Legislation Removal of Difficulty

Characteristics
Realistic Fiqh Issues Procedures in deducing hukm Personal Opinion Non existence of Mazhab

Characteristics
Increase in Issues Spreading and Fabrication of Hadith Emergence of schools of Fiqh

Factors Effecting the Development of Fiqh

Gov support Competence Mujtahid Expansion of the empire Compilation of Sunnah Compilation of Fiqh Emergence of schools of Fiqh

Factors of Taqlid
The collapse of the empire The schools of Fiqh False claim of Ijtihad Following a single mazhab

Characteristics
Prevailing trend of taqlid The codification of Islamic Law Western colonization and Islamic Law

Abrogation [al-Naskh]

THE FIRST STAGE

Foundation or the Period of Revelation
[The Era of the Prophet p.b.u.h 11AH]

Begins with the commencement of the Prophet hood of Muhammad s.a.w. at around 609CE and ends with the demise of the Prophet s.a.w. [Rabi al-Awwal 11H]
Islamic law went through two phases of development: a. 1st phase when the Prophet s.a.w. was in Makkah b. 2nd phase when he was in al-Madinah

LEGISLATION IN MAKKAH

Most of the revelation focused on building the ideological foundation of Islam

The central topics: a. The principle of building the faith and b. Inscribing good character and c. Moral values. This is essential in order to prepare the Muslims to face the existing challenges in Makkah and the future challenges of putting Islam into practice and defending this faith when they migrate to al-Madinah. No focus on the legislation because the Muslims do not posses the power to implement the Islamic rulings.

LEGISLATION IN MAKKAH
Important Themes of Revelations in Makkah

The unity and existence of Allah

Life after death

Heaven and hell

Stories of previous peoples Challenges to the pagan of Makkah Moral values

LEGISLATION IN MAKKAH [contd]

Enactment of few rulings [hukm] The obligatory five prayers which was legislated during the famous journey of al-Isra wa al-Miraj. Rulings related to purification such as wudhu and the obligatory bath [al-Ghusl] Prohibition of immoral practices which affect the building of a good character such as the killing of female child, sacrificing for the idols and eating of animals slaughtered for other than Allah

LEGISLATION IN MADINAH
The revelation in al-Madinah was primarily concerned with : a. The organization of the Muslim state b. Social and economics laws of the Shariah
Revelations during this period also strengthened the foundations of Iman and Tawhid, which were established during the Makkan period

LEGISLATION IN MADINAH
Primary Themes

Legal injunctions [al-ahkam al-amaliyyah] including:

a. b. c. d. e. f. g. Fasting in the month of Ramadhan Paying zakah Performing hajj [the last three pillars of Islam] Prohibition of intoxicants, pork, gambling, Punishments for adultery, murder and theft The rulings governing family matters, inheritance Transactions and etc.

LEGISLATION IN MADINAH
Secondary Themes

People of the Book [Ahl al-Kitab]

Al-Madinah is a multi racial place [Muslims, Jews, Christians] - A number of Madinan verses deal with questions which were raised by the Jews and Christians in which some of the issues raised by them intend to harm the reputation of the Prophet s.a.w. and discredit Islam - The verses also outlined laws concerning political alliances with Christians and Jews, as well as laws permitting marriage with them

Click

LEGISLATION IN MADINAH
Secondary Themes [Contd]

Jihad and rulings related to warfare

Makkan period: Muslims were not allowed to take up arms against the enemy of Islam obviously because of their inability and limitation in resources to do so. Medinan period: After the numbers of Muslims has dramatically increased and after possessing the means to defend Islam, the right to fight against the enemy as well as the rules of war was revealed. The rulings concerning the distribution of booty [al-Ghanimah], POWs, reconciliation with the enemies and other related rulings were revealed during this time Click

LEGISLATION IN MADINAH
Secondary Themes [Contd]

The Munafiqs [Hypocrites]

When Islam starts to prosper in al-Madinah, there are some who enter into the fold of Islam in order to gain personal benefits and some embrace Islam to try to destroy it from within because Muslims were strong and they could not oppose them.

Therefore, some Madinan verses exposed their plots and warned against them, while others laid the foundations for the laws concerning apostates.

LEGISLATION IN MADINAH
Secondary Themes [Contd]

Moral and Ethics related to social life.

In Makkah the key emphasis on moral aspect was on the building of Islamic individual character However, the main focus have shifted when the Prophet s.a.w. migrated to al-Madinah where he wanted to build a model of Islamic society. Therefore, the Quran and Hadith of the Prophet emphasis on the moral conduct related to social life.

CHARACTERISTICS OF LEGISLATION
All legislations which made through the revelations in this period have taken into consideration the following three basic principles:
1. Gradation in Legislation

2. The Removal of Difficulty

3. Naskh (Abrogation)

CHARACTERISTIC OF LEGISLATION

REMOVAL OF DIFFICULTY

GRADATION IN LEGISLATION

NASKH [ABROGATION]

All injunctions are designed to facilitate mankinds individual and social needs, therefore they are not meant to be a burden or create any difficulties in implementing them.
Example: The permission to break the fasting of Ramadhan due to sickness. The permission to shorten and combine two prayers while traveling. The consumption of prohibited substances (pork, alcohol) in cases of dire necessity.

The Quranic and Sunnahs legislation was revealed gradually during the period of 23 years. Purpose of the gradation: To facilitate the Muslims in learning and implementing the commandment of Allah and His prophet p.b.u.h. E.g. The legislation of Salah In the early days of Makkah, salah was initially twice per day (morning & night). Shortly before the migration to al-Madinah, 5 times daily salah was prescribed.

The Quran may prescribe a law suitable to people at the time of its enactment, or it is to serve a particular limited purpose. Hever, its suitability may later disappear or its unique purposes may have been achieved. In such circumstances, the need for the law ceases to exist and its validity comes to an end. Example: The waiting period of women whose husband passed away was one year and he has to make a bequest during his lifetime for her maintenance to be paid from his property during this period [al-Baqarah: 240] However, the above rulings has been replaced by another ruling which prescribed the period of four months and ten days as the waiting period for such cases [alBaqarah: 234]

GRADATION IN LEGISLATION
The Quranic and Sunnahs legislation was revealed gradually during the period of 23 years.
Purpose of the gradation:

To facilitate the Muslims in learning and implementing the commandment of Allah and His prophet p.b.u.h.
E.g. The legislation of Salah In the early days of Makkah, salah was initially twice per day (morning & night). Shortly before the migration to alMadinah, 5 times daily salah was prescribed.

THE REMOVAL OF DIFFICULTY

All injunctions are designed to facilitate mankinds individual and social needs, therefore they are not meant to be a burden or create any difficulties in implementing them.
Example:
The permission to break the fasting of Ramadhan due to sickness. The permission to shorten and combine two prayers while traveling. The consumption of prohibited substances (pork, alcohol) in cases of dire necessity. Back

NASKH [ABROGATION]
The Quran may prescribe a law suitable to people at the time of its enactment, or it is to serve a particular limited purpose. Hever, its suitability may later disappear or its unique purposes may have been achieved. In such circumstances, the need for the law ceases to exist and its validity comes to an end.
Example:
The waiting period of women whose husband passed away was one year and he has to make a bequest during his lifetime for her maintenance to be paid from his property during this period [al-Baqarah: 240] However, the above rulings has been replaced by another ruling which prescribed the period of four months and ten days as the waiting period for such cases [al-Baqarah: 234]

 [46: ]
And do not dispute with the followers of the Book except by what is best, except those of them who act unjustly, and say: We believe in that which has been revealed to us and revealed to you, and our Allah and your Allah is One, and to Him do we submit.
[Al-Ankabut: 46] Back

 ..." [36:" ]
and fight the polytheists all together as they fight you all together; and know that Allah is with those who guard (against evil).
[Al-Taubah: 36] Back

And those of you who die and leave wives behind, (make) a bequest in favor of their wives of maintenance for a year without turning (them) out
[Al-Baqarah: 240]

] [

And (as for) those of you who die and leave wives behind, they should keep themselves in waiting for four months and ten days
[Al-Baqarah: 234]

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