4. Sahnoon 240 H/855 CE

Collected opinions of Al Qasim Qabeelat Tayybah TCE Notes Revolution 70

Spread of the Maliki Madhab Imam Malik’s madhab is popular in North Africa and most of Africa. Due to massive immigration of North Africans, it became popular in Europe as well. In some Eastern parts of Africa, such as Yemen, madhab of Imam Shafee’ is popular. France alone has more than 6 million Muslims so one can imagine the influence of the Maliki Madhab there. Why did it spread to west and not east? According to Ibn Khaldoon, because of cultural similarities between Imam Malik’s time and the North Africans, who were mostly Bedouins, this madhab was easier to adapt to than Imam Abu Haneefa’s. Unlike Imam Shafee’ came to Egypt, interaction between his madhab and Imam Malik’s madhab was very limited. As well as politics played a major role. Faqeeh Says… The term "Madinites" is used to describe the residents of al–Madinah an–Nabawiyyah, and their practice was highly respected by Imam Malik for they remained in the city of the Messenger of Allah and assumingly preserved the custom of the Sahabah who lived there—and the custom and traditions of the Sahabah were in accordance with the Sunnah of the Messenger of Allah. Qabeelat Tayybah TCE Notes Revolution 71

IMAM AL-HASHIMI AL-MUTTALIBI Muhammad ibn Idrees ibn ash-Shafi’ee (150H-204H/769CE-820CE) When a hadith is found to be sahih, then that is my Madhab. [Imam ash-Shafi’ee  ,رﺡ  اfrom Majmoo’ Al-Nawawi] !, /2,  $ %! : " = ! 8   % 5 3 ?4 %3, > . 3+ 5@ A*! % 54  = ! B54 3"  ". He, Imam Ash-Shafi’ee, was the best among people in the Fiqh of Qur’an and Sunnah, but not known in the quest of hadith. I have never understood Nasikh and Mansookh in the hadith of the Messenger of Allah until I studied with ash-Shafi’ee. ~ Imam Ahmad % " !,  5 * . (He, Imam ash-Shafi’ee, was) the best amongst the youth of his time. ~Sufyan ibn ‘Uyaynah, Shaykh of Imam ash-Shafi’ee And when ibn ‘Uyaynah is asked to give a Fatwa or Tafseer of an Ayah; he would refer to ashShafi’ee. His Lineage His name was Muhammad ibn Idrees AshShafi’ee. From his title it can be seen that he was a descendent of Prophet Muhammad (Peace be upon him). His grandfather, asSaif, was a sahabi who was captured in Battle of Badr as a mushrik. He ransomed himself and became a Muslim. His Early Life He was born in Ghazza, or Gaza, Palestine, in 150 H. This was the same year as Imam Abu Haneefah died, "one imam died and another was born". His mother moved to Makkah to be close to her own clan, the Hashimis. Since it was an Arab custom to take children to their geographical location, and send them to the desert, away from urban areas to learn the pure Arabic language, his mother did just that. That contributed to his eloquence in Arabic and he became a great poet and an authority on Arabic grammar, which contributed to his understanding of the Quran and Sunnah more so than the other Imams. He memorized the Qur’aan by the age of ten and started seeking knowledge with the Shyookh. He was considered as "the best amongst the youth of his time." Sufyan ibn Unayyah would refer people to him, though he was young. He was given the authority for fatwa at age 15 (unconfirmed) by Muslim ibn Khalid Az-Zindji (one of his first Shyookh in Makkah). He was born at the time of Abbassids and died in the Golden Stage but witnessed the beginning of theological and ideological fitan nonetheless. His Shuyookh
Grand Mufti of Makkah: Muslim ibn Thalib Qabeelat Tayybah TCE Notes Revolution 72

Imam Ahmed ibn Hassan ashShaibani He was Imam Abu Haneefa’s student. Imam ashShaafi’e and ashShaibani were both influenced by each other’s fiqh to the point where Imam ashShaafi’e allowed ruling by Qiyas and Rai’.
Imam Malik, Imam ashShafe’ee memorized the Muwatta at the age of 15 and went to Madinah to meet Imam Malik to verify his reading of what he had memorized.
Wakee’ ibn alJarraah: Known in poetry of Imam ashShaafi’e "I complained to waqi about my bad memory, and he gave him the instruction to stay away from disobedience of Allah, because knowledge is a light of Allah, and the light of Allah is not given to someone who is disobedient." Some say because he accidentally saw the foot of a woman, and this is why he forgot and went to Waqi’. Because his memorization was so powerful, he would look at a page only once and have it memorized. In order to not mix pages, he would cover pages with blank pages, so as not to mix them. His Students
Imam Ahmed ibn Hanbal: He was not one of his close students. They met when Imam ashShaafi’e returned to Iraq on his second trip during Amin’s time (khalifah after Haroon Rasheed). Imam Ahmed is noted to have said he never understand abrogation in Qur’an till he met Imam ashShaafi’e.
Abu Ya’qoob Yusuf ibn Yahya al Buwayti: He became Imam ashShaafi’e’s successor in halaqah. He was imprisoned for denying that Quran was created by the Mutaazilah (died 231H in prison). Whenever he heard the adhaan for jum’ah in prison, he would prepare himself, go to the door and say to the guards, "I want to go pray Jumu’aa," and they would say, "go back to your prison." Upon hearing this, he would supplicate, "Oh Allah be my witness, I am answering your call but these people aren’t letting me."
Ismail ibn Yahya Al Muzanee: He was a famous author of the books of Imam Shafi’e’s madhab. He contributed more to the madhab than anyone else, serving it the most among all followers.
ArRabee’ ibn Sulayman al Muradi: was the narrator of Imam ashShafi’e’s fiqh. Just like Abu Hurayrah was a close companion of Prophet Muhammad (peace be upon him), he was a close companion to Imam ashShafi’e. "No one served him personally the way Rabee’ served him." Imam ashShafi’e would repeat Mas’ala many times to ArRabee’ because he wasn’t a fast learner. He was the last of his students to survive. He died in 270 H. His Character His Ordeal Imam ashShafi’e was related to the royal family in Baghdad. The Abbasids were the cousins of Prophet Muhammad (peace be upon him). Being so, he was chosen to be the governor of Yemen for the the Abbasids. The Abbasids allied with the Shi’a in Yemen, to establish the ruling in Baghdad. In Yemen, the alawi movement was active and Imam ashShafi’e was accused of being a supporter of the movement against the Abbasids. He was brought to Baghdad to Harun arRashid. The Imam defended his case and his innocence and was then released. He took the opportunity to interact with the scholars of Baghdad. He re-met Muhammad bin Al-Hassan ashShaybani, and he got the chance to learn the fiqh of Imam Abu Haneefah. It Qabeelat Tayybah TCE Notes Revolution 73

was reported that ashShafi’e had some debates with Muhammad bin Al-Hassan alShaybani. They were recorded, and when Harun ar-Rashid saw them he liked those debates. His book of Usool: ar-Risalah Ash-Shafi’e then went back to Makkah. In Iraq there was a great debate between the Hijazis and the Iraqis. Ash-Shafi’e found himself in the middle of this crisis of usool. He received a message from AbdulRahman bin Mahdi, who asked him to write a book on the principles of Islamic law or fiqh. Imam ash-Shafi’ee sent him a letter called ar-Risalah. This was the foundation for his book in usool, the first book in usool al fiqh (it is available in Arabic/English, though this is not necessarily the best book to start with to study fiqh). This was written before many of the usool were developed. The Story of His two Madhaahib Al Madhab al-Qadeem ( اه اThe Old Madhab) He was influenced by both Hijazi and Iraqi schools of thoughts. Upon his second return to Iraq, he formed his madhab and wrote Al Hujja. It is clearly a combination of both schools of thoughts. Al Madhab al-Jadeed اه ا  ( The New Madhab) Then he traveled back to Hijaz, to Iraq and finally to Egypt. He met the students of Imam Malik, and students of students of Imam Malik. (Abdullah ibn Hakim, student of Imam Malik and one of the most influential Maliki Fuquha in Iraq). He was exposed to a totally different culture in Egypt. Iraq was vivid to culture; exposed to different fitan, new ideas and schools. However, Egypt’s culture was influenced by the west so Imam ashShafi’e formed his new fiqh according to the Egyptian society and wrote the book Kitaab Al-Umm, which is considered the final compilation of his madhab by his own hands. THE USOOL OF MADHAB ASH-SHAFI’EE "  ! ا/.- ,+*ن وﺱ( #'ن % $ #"!س ..." ا4 م ا2#1 The Asl (default) is the Qur’an and the Sunnah, and if not in any of them, then analogical deduction from their evidences… ~ Imam ash-Shafi’ee