development of usool-ul fiqh in the 3rd and 4th era | reasons for differences
TRANSCRIPT
Presented by
Mufti Abdul WaheedSenior Lecturer and Researcher in Fiqh and Usool ul‐Fiqh
at JKN [email protected]
Date: 14/9/14
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Agenda
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10:15am Welcoming and introduction to the course
10:20am Session 1: Part 1
11:40am Break (15 mins)
11:55am Session 2: Part 2 & Part 3
12:45pm Q&A session and closing remarks
Course Content1. Introduction2. Evolvement Period3. PART 1 ‐ Umayyid and Abbasid period4. PART 2 – Formation of the Legal Schools5. PART 3 – Reasons for Differences6. Conclusion
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1. IntroductionThe formative period during the 3rd & 4th generation took on a new shape.Islamic expansion was on the increase.Influx conversion of non‐ArabsThe need for consolidation and preservation of the various Islamic disciplines.The rise of Muslim luminaries of great scholarshipThe survival of the four legal schoolsDifferences are to be appreciated
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2. Different stages of Evolvement1: Foundation ‐ The Messenger of Allah (saw)
2: Establishment ‐ The Era of the Companions
3: Construction 4: Cultivation 5: Consolidation
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Brown: During the period of the Prophet and after his demiseOrange: The period of the four rightly guided CaliphsYellow: The Umayyid period
3. Umayyid Period 41 A.H – 132 A.H (661 C.E. – 749 C.E.)
Increase transmission in HadeethDispersion of scholars throughout the extended Islamic empire.
Increase of centres to Islamic learning Emergence of deviant sects;
‐ Khawarij (Lead by Abdullah ibnWahb al‐Rasibi)‐ Shi’ah (a faction of Rawāfidh founded by Abdullah ibn Saba)‐ Zaidiyyah (a cult of the mainstream Shi’ah sect)‐Mu’tazilah (founded by Wāsil ibn Atā)
Influx reversion of non‐Arabs to IslāmEmergence of two major schools; Ahl al‐Hadeeth & Ahl ar‐Ra’i
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Ahl al‐Hadeeth (Traditionalist) Major centre was Madeenah and MakkahMore adherent to the apparent meaning of the HadeethLess prone to interference of foreign cultureNo deviant sects resided in these regions.Accessibility to Hadeeth was not difficult
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Ahl ar‐Ra’i (Legal Rationalist)
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Major centre was Iraq (initially Kufā)Influx migration of companionsEncountered unprecedented issues requiring extensive IjtihādTwo more concepts were introduced under Qiyās;
‐ Istihsān (legal preference)‐ Istislah (public interest)
Iraq was residence for fabricators of Hadeeth
3. Represented Scholars in each of these Provinces
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• Ummul Mu’mineen A’isha (ra)• The three caliphs• Abdullah ibn Umar (ra)• Abu Hurairah (ra)• The seven jurists of Madeenah: Sa’eed ibn Musayyib, Urwah ibn al‐Zubair, Abu Bakr ibn Abdur Rahman, Qasim ibn Muhammad, Ubaydullah ibn Abdullah, Sulayman ibn Yasār and Khārijah ibnZaid.
Madeenah
• Abdullah Ibn Abbas• Mujāhid ibn Jubair• Ikrimah• Ata ibn Abi Rabah
Makkah
• Abdullah ibn Mas’ood• Ali ibn Abi Tālib• Alqamah• Qadhi Shuraih• Ibrahim al‐Nakhai
Kufā
Compilation No formal compilation of Usool took shape except collection of the statements and Fatāwa of the companions
Umar ibn Abdul Aziz (d.101 A.H./719 C.E.) instructed Ibn Shihāb al‐Zuhri (d.124 A.H./741 C.E.) to compile Hadeeth.
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5. Cultivation The Abbasid period 133 A.H – 338 A.H (750 C.E. – 950 C.E.)Continuation from the Umayyid Period (3rd Era)Each science evolved into an independent Islamic discipline
Inauguration of the science of Jarh (authentication) and Ta’deel (authentication).
No strict adherence to any school in the first hundred years Increase of Islamic centres e.g. Baghdad, Shām and Egypt, Spain
Organization of Fiqh
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Reputable Scholars During this periodThe leaders of the four schools Sufyān al‐Thowri (d.161 A.H./777C.E.)Abu Abdur Rahmān ibn Muhammad al‐Awza’i (d.157 A.H./777C.E.)Zufr ibn Hudhail (d.158 A.H./774 C.E.)Muhammad ibn Abdur rahmān ibn Aby Layla (d.148 A.H./765 C.E.)Muhammad ibn Hasan al‐Shaybāni (d.189 A.H./804 C.E)
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6. Consolidation 1. Articulation of Usool ul‐Fiqh
‐ Legal language‐ Imperative and prohibition‐ Classifications of transmitted reports‐ Abrogation‐ Classifications of Ijma‐ Ijtihād/Qiyās‐ Taqleed
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2. Methodological approaches to Usool al‐Fiqh‐ Deductive approach‐ Inductive approach
3. Elaboration on Juristic principles with details evidences4. Harmonizing between juristic principles with detailed case studies5. Arrangement of juristic chapters such as purity, Salāh, Zakāt, Hajj and so on.6. Debates and discussions between scholars
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Some Compilation of Fiqh during this PeriodKitābul Kharrāj – Imām Abu Yusuf
‐ dealing with political affairs
Al‐Umm – Muhammad ibn Idrees al‐Shāfi’ee‐ detailed principles and juristic cases based on Shāfi’ee madh‐hab
Al‐Risālah ‐Muhammad ibn Idrees al‐Shāfi’ee‐ compilation of Usool ul‐Fiqh
Ta’see al‐Nadhr (fundamentals of analysis)– Abu Zaid al‐Daboosi
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1. Madh‐habLiteral = To go (ذهب).
Technical – A particular opinion of a Jurist. There are various implication to this; A legal doctrine concerning a group of cases e.g. Differences of
opinions between the two or more schools.
A principle underlying a group of derivative cases.
Subsequently when an opinion was characterised as ‘Al‐madh‐hab’ it signified an opinion to be the standard normative of that school.
Strict loyalty of jurists (as well as non‐jurists) to a collective legal doctrine attributed to the eponym of that school.
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2. Progressive Stages
Doctrinal SchoolLoyalty to the legal doctrines (principles) of the jurist, application and further refinement
of those legal doctrines. The emergence of the four legal schools.
Personal SchoolStudents collated juristic principles from their teacher, however the juristic principles were limited to the
tutor, debated on legal issues and issued verdicts but no compilation at this stage
Scholarly Circles
Students would gather around a jurist to learn from him, however no strict loyalty to one jurist existed
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Distinction Personal School Doctrinal School
Was limited to the individual Jurist A collective Entity
Methodological awareness was non‐existent
Methodological awareness existed and legal principles took shape
No well‐defined boundaries Well‐defined boundaries
Departure from the tutor’s principles was not considered abandoning his circle
Departure from the legal principles altogether was considered departure from the school
The Imām’s legal school represented a collective contribution of the principles of that region.
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3. Reasons for Defunct and Survival of Schools
Defunct Survival
Limited to personal school Developed to the doctrinal stage
No codification of their works after their demise
Works compiled, refined, elaborated and transmitted to the subsequent generations
No Political support Received political support e.g. assumed high posts
Minimal and non‐influential students Attracted high calibre of jurists.
Due to similar principles, one school became absorbed into the other and eventually displaced.
Codified principles to find solutions to unsolved matters.
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Defunct and Surviving SchoolsDefunct Surviving
Awza’ee School (Syria & Spain)Jareeri School (Tabaristan & Egypt)Laythee School (Egypt)Thawree School (Kufā)Dhahiree School (Kufā & Baghdad)
Hanafi SchoolMālikee SchoolShāfi’ee SchoolHanbali School
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1. Semantics of wordsShared Meaning
“And divorced women will observe a waiting period of three Quroo.” [Q:2:228]
(1) Imām Shāfi’ee – Quroo means period of purity(2) ImāmAbu Haneefah ‐ Quroo means menses
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Primary (Haqeeqat) usage or secondary (Majāz) usage
“…or you touched women and cannot find water.” [Q 4:43]
(1) Imām Shafi’ee – touching implies mere touching with hands. Haqeeqat
(2) ImāmAbu Hanifah – touching implies intimate relationship. Majāz
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Grammatical implications of a word or letter
“O Believers! When you stand for Salāh the wash your hands and your feet to your elbows and (perform) masah over your heads and (wash) your feet.” [Q 5:6]
The implication of ‘waw’ and;
(1) Imām Shāfi’ee – the waw implies for sequential (tarteeb), hence performing wudhu in the correct sequence is Fardh.
(2)Imām Abu Haneefah – the waw implies unrestricted order (mutlaqJam’a). Thus to wash the bodily limbs in the correct order is not Fardh.
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2. Narrations of HadeethConditions of accepting Hadeeth
‐ ImāmMālik would only accept a Hadeeth if it conformed to the practice of the people of Madinah‐ ImāmAbu Haneefah would accept a Hadeeth if the narrator reported it as verbatim from his teacher ‐ ImāmAhmad would accept mursal Hadeeth‐ Imām Shāfi’ee would accept the report of the majority whilst ImāmAbu Haneefah would at times accept the last of the Prophet’s (saw) action even if the number of reports are less.
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3. Other Reasons for DifferencesThe companions approach to HadeethAccessibility of HadeethResolution of textual conflictIdentification of the legal ratio (illah)Preferring the view of one’s teachers over another jurist’s viewApplication of HadeethPrinciples of Ijtihād
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ConclusionThe 3rd era (Umayyid) set the foundation for the evolvement of Usool‐ul fiqh in the subsequent generation.In each province of the Islamic world you had represented scholars.The major centres to Islamic learning were initially Makkah, Madeenah and kufā.Only the four schools survived whilst the other Madh‐habs became defunct.Differences amongst scholars were based on valid reasons.
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Recommended ReadingHasan, F. Fa Usool Fiqh Ki Tareekh, (Urdu), Pakistan, Dārul‐
Ishāt. Amīni , M.T. Ijtihād, (Urdu) Karachi, Qadeem Kutub Khana Amīni, M.T (1991) Fiqh Islam ka Tāreekhi Pass Manzar, Karachi,
Qadeem Kutub KhanaHallāq, W. (2007) A History of Islamic Legal Theory, Cambridge,
University PressHallāq, W. (2007) Origins of Evolution of Islamic Law,
Cambridge, University Press Khandelvi, M.Z. Differences of the Imams, London, Azhar
Academy.
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History of Usool ul‐Fiqh SeriesLet us take you on a journey to the Truth
ImāmAbu Haneefah and his Legal School
Date:12/10/14www.goldenera.eventbrite.co.uk
Not to be missed!
ByMufti Abdul Waheed
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Life of ImāmAbu Haneefah and his worksHis knowledge on Fiqh and HadeethHis legal theory and methodological framework.Contributors to the development of his schoolHis studentsTestimony of scholars about ImāmAbu HaneefahAnalysis of some criticisms against him and detailed responses.
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Forthcoming Titles in the SeriesThe School of Imām MalikThe School of Imām Shāfi’eeThe School of Imām Ahmad ibn HanbalCritical Discussion on Taqleed
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