The Evolution of Fiqh
تطور الفقه الإسلامي
By Abu Ameenah Bilal Philips 1988 CE
Traces the historical development of Islamic law from the Prophet's era through the four major schools of jurisprudence.
Table of Contents
INTRO Introduction 1 Introduction 2 1. The Importance of Knowledge: 3 2. Different Divisions of Knowledge and Islamic Sciences 4 4. Fiqh as Fard al-‘Ayn (Individual Obligation) 5 5. Fiqh as Fard al-Kifayah (Community Obligation) 6 7. Stage Seven: Reformation Era 7 1. Makkan Period (13BH-0H/609CE-622CE) 8 2. Madinan Period (1H-11H/622CE-632CE) 9 1. First Constitution (Appendix I) 10 6. The protection of Allah is one (and is equally) extended to the humblest of the believers. 11 12. This treaty shall not hinder either party from seeking lawful revenge. 12 1. The Qur’an 13 1. Dealings Between Allah and Man 14 2. Dealings among Men 15 3. General characteristics 16 5. Lineage- marriage laws, adultery laws 17 5. As used by specialists in Aqeedah (Theologians) 18 1. Did the Messenger of Allah (Peace Be Upon Him) use his ijtihad in the process of enactment of 19 3. Examples of his Ijtihad and Qiyas 20 4. Ijtihad of the Sahabah 21 4. Fiqh was not yet defined as an independent science. 22 I. Abu Bakr’s Rule (632H – 634H) 23 II. Umar’s Rule (634H – 644H) 24 IV. Ali’s Rule (656H – 661H) 25 1. Compilation and Distribution of the Quran 26 3. General reluctance of individual Sahabah to give fatwa 27 4. The Independence of their Ijtihaad 28 3. Ijma’ 29 5. Ra’i or Qiyas 30 3. Easiness of arriving at a unanimous agreement. 31 3. Political turmoil 32 6. Appearance of the phenomenon of fabrication 33 7. The massive conversion of the non-Arabs 34 2. Characteristics of the Madhab 35 3. Fuqaha’ of the Madhab: 36 2. Characteristics of the Madhab 37 3. Fuqaha’ of the Madhab: 38 1. A’isha Umm al-Mu’mineen – One of the 39 2. Salim ibn ‘Abdullah ibn ‘Umar – 40 1. Mujahid ibn Jabar – Was the student of 41 2. Sa’eed ibn Jubayr– He was an authority 42 2. Muhammad ibn Sireen – Famous for his 43 2. Bilal ibn Rabah – Was the muadhin for 44 1. Mak-hool ibn Abi Muslim – Was 45 1. Tawoos ibn Kaysan – Was the student of 46 2. Yahya ibn Abi Katheer- Was the faqeeh 47 2. Freedom of Intellectual Research 48 3. Increase of Centers of Learning 49 4. The Spread of Debate and Discussion 50 9. Compilation of Fiqh 51 7. Sufyan ibn ‘Uyaynah 198H/805CE 52 11. Ahmad ibn Hanbal 241H/855CE 53 13. Ibn Jareer At-Tabari 310H/917CE 54 2. Sunnah (verification of hadeeth) 55 4. Qiyaas (analogical reasoning) 56 5. Iftiradh al Masai’l (Hypothetical Problems) 57 7. Al-Hiyal (Juridical Evasions) 58 3. Al-Mabsoot by As-Sarakshi 59 4. Abul-Hassan al-Karkhi – 340H/953CE 60 4. Practice of the Madinites 61 6. Istislah (Welfare) 62 7. Sadan lil Dhariah ﺱّاً ر 63 2. Al Mudawwana Sahnoon: Sahnoon was not a direct student of Imam Malik. Asad ibn al-Furat, student 64 4. Sahnoon 240 H/855 CE 65 4. Abul-Hasan Al-Ash’ari 334H/947CE 66 8. Al Mutawakil. He went back to the aqeedah of Ahlul Sunnah wal Jamah. 67 2. Qiyas 68 4. Istishab 69 2. Political Differences: 70 3. Differences over hadith: 71 4. Linguistic Causes: 72 5. Differences over Juristic Methods: 73 1. Political turbulence and disorder of the Islamic State 74 2. Favoring one opinion in a particular Madhab over the other in the same Madhab, this is known as 75 3. Always verify the narrations – whether it is Hadith, an Imam, the Madhab or any other type of 76 10. Be united on the principle of unity of the Ummah and the permissibility of differences in the 77 5. Always remember to respect our Notable Imams from both the past and the present – The Scholars 78 2. Emergence of Madhab Sectarianism 79 5. The abridged versions of books of Fiqh 80 7. Unprecedented rivalry of the European law code 81 8. Reformation of Islamic Institutes (E.g. al-Azhar (in Egypt) and al-Qurawiyyoon (in North Africa)) 82 1. Strict adherence to a madhab can cause one to adopt opinions against the Sunnah of Rasulullah. It 83 5. Creating a new dogma in fiqh. Promotion of madhahib led to a new dogma i.e. madhab sectarianism, 84 8. There are other requirements as well. 85 4. Creating confusion for untrained people in matters of Fiqh. 86 6. Honesty 87 4. Imam Ibn Abdul Hadi al-Hanbali – wrote a full biography of Ibn Taymiyyah’s life. 88 6. Jalal ad-Deen as-Suyooti 911H/1505CE 89 5. Muhammad ibn Abdul-Wahhab 1206H/1791CE 90 6. Muhammad ‘Abduh 1323H/1905CE 91 2. Prevalence of Secularism 92 3. Globalization Era 93 4. Establishment of Muslim minorities in the west 94 1. The contemporary Fiqh an Nawaazil 95 4. Foundation of Islamic Universities 96 8. Pressure of westernization 97 9. Politicization of Fiqh and Fatwa 98 2. Try to develop an awareness of Fiqh. Usually people take Fiqh as something exclusive for a specific group
Details
- Category
- Fiqh
- Madhab
- general
- Subject
- fiqh
- Original Language
- en
- Available In
- ar en
- Written
- 1988 CE