Lesson 4 - Development of Fiqh Part 1

The development of Fiqh can be divided in to five parts.

1. During the time of the Prophet (609 - 632)
2. During the time of the companions (632 - 661)
3. During the time of the Tab'iee (Successors) Umayd period (661 - 750)
4. During the time of the Abbasid dynasty (750 – 950)
5. From 950 – 1900 (Includes the Ottoman empire)

During the time of the Prophet:

• Period of revelation
• The companions would ask questions which would be answered through Wahi (revelation) as proven from the Qur'an, (2:189), (2:215), (2:217), (2:223).
• However, upon occasions the companions would understand the Qur'an or sayings of the Prophet to answer the question. Thereafter, the Prophet would confirm approved it or correct there mistake.
• Narrated Abu Saeed Al Abu Saeed Al—Khudri: Khudri: Two men set out on a journey and when the time for the Salat came they had no water. They performed Tayammum with clean earth and prayed. Later on they found water within the time of the prayer. One of them repeated the prayer and the other did not repeat. Then they came to to Allah's Messenger and related the matter to him. The Prophet said to the one who did not repeat: ³You followed the Sunnah and your prayer is enough for you´ and he said to the one who performed ablution and repeated: ³For you there is a double reward. Reported by Abu Dawood & Nasai
• Example of two companions praying Asr salah while the Prophet told them to come back before Magrib salah.
• Fiqh during the time of the Prophet.

During the time of the companions:

• How would Sayyiduna answer questions relating to Islamic laws? he would first, look in the book of Allah, then in the Sunnah of the Prophet which he knows and thereafter he would consult the companions and lastly if no answer then he would exercise his own judgement.
• Proof proving this point. 1) Giving khilafat to Sayyiduna Abu Bakr 2) Sayyiduna Abu Bakr against the those who refuse Zakah.
• Would all the companions agree with each other a sunnah of the Prophet? All companions had their own version of the sunnah of the Prophet. As each of them seen the Prophet do the act.
• Hence, many of the companions would follow the act which they seen the Prophet do themselves.
• This was the beginning of the diversity in the laws of Islam.
• Companions would teach their students (Ta'bee) the way they seen the Prophet do the act.
• How would the shift of Khilafat to Kufa have an impact on the development of Fiqh?.
• Migration of the companions. Cities for specific subjects.

During the time of the Ta'bee – beginning of the era for the Ummayd (founder Mu'awiyah ibn Sufyan)

• This period saw the rise and spread of the Islamic empire, hence the spread of Islamic knowledge.
• Two main schools: 1) Madinah school 2) Kufan School

From Madinah school:

Hence, From all the tabiun seven jurists of Madinah, well known and had the honourable title of Fuqaha Madianh.

They were, 1) Said ibn Musaib 2) Ubaydullah ibn Abduallah 3) Urwah ibn Zubair 4) Qasim ibn Muhammed 5) Abu Bakr ibn Abdur rahman 6) Sulayman ibn Yasar 7) Kharijah ibn zayd ibn Thabit

From the Kufan school;

• Thousand of companions migrated, 24 of whom participated in badr. Likes of Ali ibn Abi Talib, Saad bin abi Waqas and Ammar ibn Yasir.
• Abdullah ibn Masud, Abdullah Ibn Abi Awfa (D.87 A.H), Sahl Ibn Sa’ad (D.88), Saib Ibn Yazid (D. 91) Anas Ibn Malik (D. 93), Mahmud Ibn Al Rabi (D.99) Abu Tufayl Ibn Wathiullah (D. 102)
• Many prominent commentators and muhadithun were based in kufa such. Alqama and Aswad, Ibrahim Nakhai.

From the Basra school;

• Hasan Al Basri

From the Makkan School;

• Ata' ibn Rabah

In the next period schools of Fiqh were established in Greater Syria, Egypt, Gaza etc.

Next week we will cover the development of Fiqh during the period of the Abassid dynasty and the Ottoman empire.

Essential reading: The introduction of Dr Akram Nadwi's book, Abu Hanifah, his life, legal method & legacy. Page 2 – 20.  

Lesson Three - Meaning of Fiqh

Meaning of Fiqh

Literal Meaning of Fiqh.

'Understanding', 'discernment' and 'to be aware of.', the literal Arabic word of Fiqh have been used numerous times in the Quran.

(4:78) لهم قلوب لا يفقهون بها

(7:179)فمال هؤلاء القوم لا يكادون يغقهون حديثا

Earlier general meaning of fiqh: 

In the time of the Prophet, ilm (knowledge) and fiqh had the same literal meaning which meant understanding. However, ilm was narrowed down to the meaning of 'knowledge which came through reports and narrations. I.e Ahaadith and Athaar Shaba.¹ this separation came towards the end of first hijrah.² While the term fiqh was solely used for the knowledge of law. For this reason Imam Abu Hanifa defined fiqh as “A person's knowledge of his right and duties”.³ So the earlier general meaning was Islamic Law.

Later Shafi Meaning of Fiqh

The term was later defined by the Sha'fi jurits to:

It is the knowledge of legal rules, (Shari Ahkam) pertaining to conduct that has been derived from their specific evidences/ sources.⁴

Shari Ahkam are of two types:

1) Ahkam relatinng to belief, like the exictence of Allah, Imam Mujmal & Muffasal.

2) Aham relating to actions. Physical Islamic actions and spiritual Heart action.

Sarakshi defined fiqh with wisdom mentioning, “wisdom is the knowledge of the Ahkam with the halal distinguish with the haram.⁵

Al Ghazali had his own definition of fiqh

“An experssion for the knowledge of legal rules established specifaclly for human conduct”⁶

Al razi gave a detalied explanation to this matter

“the knowledge of the legal rules, pertaining to conduct with reference to their source when this knowledge is not obtained by the way of necessity.”⁷

Conclusion:

Fiqh is the knowledge of the Sharin Ahkam derived directly from the specific sources in the text or through general priciples laid down by the shariah in the light of its maqasid. (rules)

Analysis of definition of Fiqh

Translation of the word into english

Most common is Jurisprudence⁸ However, it cannot be assigned to that meaning because jurisprudence does not convey the entire meaning of fiqh. For instance, fiqh covers whether it is between human and god (Ibadaat) and issues concerning human and human. (Muammalat). Jursiprudence on the other hand is restricted to inter-human (muamalaat) and not issues between human and god.⁹

Topics in Fiqh

Ibaadat (Human & Allah – Purification, Prayer, Fasting, Zakah, Hajj, jumuah, inheritance

Muamlaat (Human & Human – social relationships, valid and invalid transactions, hire/lease, partnership, gifts, rules regarding slavery, shares

Uqubaat (Punishments) – For stealing, aduletry, homicides, drinking wine

Munakhat (Marriage affairs)¹⁰ suckling, divorce, iddah, nadaqat

Shariah & Fiqh

Shariah is Islamic law – covers all aspects of Muslim life in relation to individuals, societies and states. Only Allah has the right to form law. Shariah is the law itself, while fiqh is the knowledge and understanding of the law.

Shariah is quran and sunnah while fiqh is whatever is derived from there.

Difference between Shariah & Fiqh

Shariah	Fiqh
Fixed	Changeable
Found in Quran and sunnah	Derived and sometime Ijm'a and Qiyas are used
General principle	How to apply using shariah

1Imran Ahsan, pg 19

2Ahman Hasan, The Early development of Islamic Jurisprudence. He mentioned ilm means knowledge which is carried through authority from the very beginning. Prophet or Allah

3Al Tawdih fi Hall Jawamid Tanqih (Kharachi, 1979)

4Badr al din al zakashi, al nahr muhit fi usul fiqh, vol 1.

5Sarakshi, Al Mabsut vol 1.

6Ghazali, Al Mustafa min ilm usul fiqh vol 1, 3-4

7Al Razi, al mashil fi ilm usul al fiqh, vol 1, 78

8Imran Ahsan Khan & Ghaly

9Ghaly, Islam and disability pg 6.

10Ashqar, Umar Sulaiman, 1991 in Gahly 2010

11Akram Nadwi, his life, legal metod and legacy, pg 1

Lesson Two - Virtues of Seeking knowledge and Importance of writing

Seeking knowledge

Two types of Knowledge: National subjects + Islamic subjects

Some knowledge are incumbent - fardh ayan= those that will allow him to fullfil his basic religious actions. and some are Fardh Kifaya – meaning of Quran and hadith is communal obligation.

This community of the Prophet was a learned a spiritual community which then allowed people to defeat armies. Similar at the time of Salahudin, these people were spiritually strong, they were aware of their duty to Allah.

Learner for life.

“The Prophet said “Verily the world is cursed and cursed whatever is inside of it except the remembrance of Allah, that which he loves, and someone seeking knowledge or learning it. These people are not accursed. (Tirmddhi, ibn Majah)

Prophet sat with the group of those seeking knowledge. One group making dua, if Allah wills he will accept if he will he will deny, whereas the other studying the knowledge of deen and will teach it to the ignorant. Therefore they are superior, I have not been sent but as a teacher. (Darami)

Correct intention.

There are many reasons people seek knowledge:

1. To earn money 2) To gain a status 3) To argue and debate 4) To keep occupied 5) For forgiveness & Jannah (Both hadith) 6) To get close to Allah through learning the actions.

Consistency

“Allah loves those act which are little but done consistently”. (Bukhari) Be consistent through this course and make effort to read widely around the topic.

Knowledge comes through hardship. “Prophet said Knowledge does not come with the body at ease” meaning Allah will only accept your knowledge if the hardship is proven.

Examples of predecessors seeking knowledge, the like of Abu Huraira, ibn Abbass

Importance of writing

Capture knowledge. The first ayah refers to reading and writing. Zaid ibn Thabit. Battle of Badr. Abu Huraira would say From the companions of the Prophet Abduallah ibn Umar would know the most Ahdeeth, this was because he would write and we would not.

Habit of writing, Examples of Imam Nawawi, Mufti Taqi

Read this book: Sincere counsel to the seekers of sacred knowledge by Ibn Qayim.

This book will give you inspiration and motivation to seek knowledge.

Book by Ibn Jawzi: He had three sons one of the name was and the other was Yusuf Muhyi din Al Jawzi (Most intelligent, held high position, preacher) and Abu Bakr bin Abdul Aziz Al Jawzi (Held sermons and teacher) and Badrud Din Al Jawzi (30 years older than Yusuf) (This book is addressed to him)

This book is addressed Badrud in who was careless in seeking knowledge, therefore he wrote some words for encouragement to give the zeal to seek knowledge.

He would spend waste time with futile things.He would hang around in the wrong company. Ibn Dhabi says “He would also sell his fathers book at a higher price”.

But Allah granted Ibn Jazwzi another son Yusuf ud din who would love to seek knowledge.

Written in first person personally targeting his son as the audience by sayinf 'O my son'. Ibn Jawzi also talks about his experience growing up and how he got zeal for knowledge. How to benefit from time. Talks about his daily routine. Gave advice on which books to read.

Lesson 1 - Subject Overview

Teacher: Ebrahim Nadat
Course: Fiqh
Total Lessons During year: 58

Importance of Islamic Jurisprudence in a Muslims Life?

Since childhood, a person is told or often commanded to obey the orders of their parents when taught issues surrounding Fiqh. During these learning stages, a child’s brain has not yet developed to understand the reason and wisdom behind these commands. However, as the child grows up and the brain becomes mature to understand the commands of Allah, we see a lack of Muslims pursuing this path to comprehend the rulings of Islam. This leaves the person with the minute knowledge which was taught to them in their childhood. As a Muslim, we should always seek to develop and progress in life, especially Islamic knowledge. Therefore, to be sufficient with knowledge gained in childhood is a sign of total lack of effort and a Muslim ought to always seek knowledge to gain closeness to Allah.

Course Overview

This course will introduce students to Islamic Law. It is designed to give students an insight into the history, principles, rulings and terminology of Islamic Jurisprudence (Fiqh). Even in this era, Islamic law is considered one of the most significant and complex systems of law. The student will familiarize with the roots and development of Fiqh from the time of the Companions to contemporary issues of Fiqh. Moreover, the rise of the four main schools of thought will be reviewed. Contemporary debated issues will be analysed within the field of Fiqh and an explanation to the opinion of the prominent scholars. This course will allow the student to acknowledge and analyse the ideology of the previous classical scholars. Students will understand how Jurisprudence principles could be applied to issues in the contemporary age with special attention to those laws which a Muslim interacts with on a daily basis. Students will examine various sources and books of Islamic Law.

What will you learn in this subjects?

Review history, principles, rulings and terminology of Islamic Jurisprudence
Understand the wisdom behind the laws of Allah Learn the roots and development of Fiqh examine the rise of the four schools of thought Investigate contemporary issues of Fiqh
Analyse the efforts of previous classical scholars Understand the rulings of the four schools of thought in jurisprudence subjects.
Analyse books written in this field.
Thinking skills Understand the reason behind each command in Islam
Can differentiate between right and wrong acts.
Confidence in the Islamic action performed.
Appreciate the efforts by the previous classical scholars.
 Acknowledge the four schools of thought.

 Future Skills

Confidence when performing Islamic actions.
Advance to further studies in chosen field.
 Ability to spread knowledge to others.
Ability to perform actions according to the teaching of the Prophet (S.A.W)

What you will study when in 1 year:

Term 1 - 10th September to 25th October Introduction To Jurisprudence
Term 2 - 4th November to 20th December Book of Purification – Page 2 to 18
Term 3 - 6th January to 14th February Book of Salah – Page 28 to 50
Term 4 - 24th February to 4th April Prayer whilst travelling & Janaza Prayer
Term 5 - 21th April to 30rd May The Friday prayer

Term 1 - Weekly Topic Overview
Week 1 - 11th September 2013 - Introcution to the course, Importance of seeking knoweledge and importance of writing.
Week 2 - 18th September 2013 - Introduction to Fiqh, Meaning of Fiqh, Why learning Fiqh is important? Week 3 - 25th September 2013 - Developmement of Fiqh from the time of the Prophet
Week 4 - 2nd October 2013 - The emergence of the Four schools of thought, and their influence in this generation.
Week 5 - 9th October 2013 - Is Taqleed necessary?
 Week 6  - 16th October 2013 -  Where is Fiqh derived from? Brief introduction on Usul- Fiqh
 Week 7 -  23rd October 2013 - Introduction to Al Mukhtasr Ul Quduri