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.