Beruflich Dokumente
Kultur Dokumente
HISTORY OF ISLAM
THE CODIFICATION OF JURISPRUDENCE
INTROUDUCTION TO ISLAMIC LAW
HANABALI SCHOOL OF LAW
HANAFI SCHOOL OF LAW
SHAFII SCHOOL OF LAW
MALIKI SCHOOL OF LAW
CONCLUSION
BIBLIOGRAPHY
History of Islam
History is a Sign from the heavens. The Quran declares: I will show you My
Signs on the horizon and within your own souls until you have certainty of faith.
On the horizon means history and nature. Thus history and science take on a
sacred character in as much as they are Signs from God. This guiding principle
separates this encyclopedia from other works of similar nature.
In the fascinating panorama of the struggle of man on earth, faith has played a
pivotal role. Each of the major religions of man imbues its followers with a
particular vision of the transcendent and the relationship of the human to the
transcendent. That particular vision governs to a large extent the relationship of
each faith with the world at large. As the globe shrinks under the incessant impact
of technology, men and women of different faiths need to come together to
understand one another and shape a common human destiny.
Islam made its appearance on the world stage more than fourteen hundred years
ago and immediately came into contact with the Persian and Byzantine worlds. As
the Islamic world expanded it had to come to terms not just with the rationalism of
the Greeks but with the belief systems of the Persians, the Hindus, the Buddhists
and the Chinese. The Muslims learned, absorbed, amalgamated the ideas of the
east and the west and gave to the world the empirical-scientific method, algebra,
chemistry, arabesque, Tasawwuf and the Taj Mahal.
in time and space. It is the rigorous and detailed application of the Shariah to issues
that confront humankind as it participates in the unfolding drama of history. As
such it embraces the approach, the process, the methodology as well as the
practical application of the Shariah. It defines the interface of an individual with
himself, his family, his society, his community, as well as the civilizational
interface between Islam and other faiths and ideologies. Fiqh is Islamic
jurisprudence. It is an evolving, dynamic process. There are multiple schools of
Fiqh.
The amalgamation of different nationalities, tribes and people who had previously
followed other faiths required the codification of Fiqh. Islamic scholarship rose to
the challenge in the eighth century and successfully evolved the schools of
jurisprudence. The codification of Fiqh solidified the foundation of Islamic
civilization and was the cement for its stability through the turmoil of centuries.
The price that was paid for this process was the emergence of different schools of
Fiqh. Stated below are the major schools of Fiqh that are historically valid because
they have survived the test of time for more than thirteen centuries:
Sunnah Schools of Fiqh:
Hanafi
Maliki
Shafii
Hanbali
Ithna Ashari
Ismaili
Zaidi
Ibadi
All of these schools claim their origin from the Quran and the Sunnah of the
Prophet. They differ in their emphasis on historical sources. Some were influenced
by political events in the succeeding centuries. In addition, there exist various
jamaats (groups) that emphasize one or the other aspects of Fiqh, leading to further
fragmentation.
The Hanbali School is named after Ahmad Ibn Hanbal (d. 855)
The Hanafi School is named after Abu Hanifa (d. 767)
The Shafi'i is named after al-Shafi'I (d. 819)
The Maliki is named after Anas bin Malik (d. 795)
Shi'a schools:
The Zaydi School is named after Zayd Ibn Ali (d. 740)
The Ja'fari School is named after Ja'far al-Sadiq (d. 765)
There was a sweeping range of opinion in the first three centuries of Islamic
history, and at one point, there were over 100 different schools of thought.
undaunted by the attitude of the Khalifa or the people around.[16] He even narrated
more Hadiths of the Prophet (pbuh) on behalf of Ahlul Bayt than most of the
Sihaah Al-Sittah, for such were his courage, virtue and nobility. And despite the
fact that Al-Mutawak'kil was supporting him with 4,000 dirham every month and
the auspicious attention he was giving him, Ibn Hanbal was uncomfortable of the
association with the Khalifa, to the extent that he evaded and refrained from the
bond.[17] Ibn Hanbal would accept the gifts from the Khalifa but would distribute
them secretly to the poor.
case was similar to that of Imam al-Malik, whose ideas were also propagated by
the Abbasid caliphate, and the Abbasid promoted both of their schools of thought.
Hanbali at present
Since the creation of the Kingdom of Saudi Arabia on 23rd September 1932 it has
been the governments express policy that the country is governed by Islamic Law
(Sharia). This was confirmed by the Basic Law of Rule, Royal Order No. A/90 of
27th Shaban 1412 Hejra corresponding to 1st March 1992 Gregorian, which is,
effectively, the countrys constitution.
Although Islamic Law continues to evolve, its fundamental principles were
developed between the 7th and 10th centuries of the Gregorian calendar. There is
no codification of these rules, nor is there a system of judicial precedent. To
ascertain the rules of Islamic Law which govern a given issue one must refer to
texts written by jurists whose writings are regarded as authoritative by those who
interpret and apply Islamic Law in a given jurisdiction.
There are several schools of Islamic Law, whose opinions can differ regarding
specific issues of law. As far as Saudi Arabia is concerned, traditionally the
dominant school of Islamic Law has been the Hanbali school. This was confirmed
by a Royal edict of 1928, which laid down that judges had to apply the principles
set out in specified Islamic Law texts of the Hanbali school. However, this position
was diluted somewhat by the enactment of the Basic Law of Rule in 1992, because
this states that the Saudi Arabian courts must issue rulings in accordance with the
Quran and the Sunna, the basic sources of Islamic Law, without specifying a
particular school of law whose rules are binding. In practice the Saudi Arabian
courts still tend to apply Hanbali law, although they have some discretion in this
respect.
Under Islamic Law, and, therefore, Saudi Arabian law, a government may issue
regulations, provided that these do not conflict with established principles of
Islamic Law. There is a considerable body of regulations in force in Saudi Arabia,
particularly in areas of administrative and business law. In theory, Islamic Law is
meant to be all-embracing, and, therefore, all legislation is intended to supplement
Islamic Law. In practice, there are numerous areas of law where Islamic Law
offers few or no guidelines, and where government-made legislation is, therefore,
the only law
Hanafism
Imam Abu Hanifah al-Numan b. Thabit (80 - 148 AH),
The Hanafiyyah School is the first of the four orthodox Sunni schools of law. It is
distinguished from the other schools through its placing less reliance on mass oral
traditions as a source of legal knowledge. It developed the exegesis of the Qur'an
through a method of analogical reasoning known as Qiyas. It also established the
principle that the universal concurrence of the Ummah (community) of Islam on a
point of law, as represented by legal and religious scholars, constituted evidence of
the will of God. This process is called ijma', which means the consensus of the
scholars. Thus, the school definitively established the Qur'an, the Traditions of the
Prophet, ijma' and qiyas as the basis of Islamic law. In addition to these, Hanafi
accepted local customs as a secondary source of the law.
History:
The Hanafi School of law was founded by Nu'man Abu Hanifah (d.767) in Kufa
in Iraq. It derived from the bulk of the ancient school of Kufa and absorbed the
ancient school of Basra. Abu Hanifah belonged to the period of the successors
(tabi'in) of the Sahabah (the companions of the Prophet). He was a Tabi'i since he
had the good fortune to have lived during the period when some of the Sahabah
were still alive. Having originated in Iraq, the Hanafi School was favoured by the
first 'Abbasid caliphs in spite of the school's opposition to the power of the
caliphs.The privileged position which the school enjoyed under the 'Abbasid
caliphate was lost with the decline of the 'Abbasid caliphate. However, the rise of
the Ottoman Empire led to the revival of Hanafi fortunes. Under the Ottomans the
judgment-seats were occupied by Hanafites sent from Istanbul, even in countries
where the population followed another madhhab.Consequently, the Hanafi
madhhab became the only authoritative code of law in the public life and official
administration of justice in all the provinces of the Ottoman Empire. Even today
the Hanafi code prevails in the former Ottoman countries. It is also dominant in
Central Asia and India. There are no official figures for the number of followers of
the Hanafi School of law. It is followed by the vast majority of people in the
Muslim world. Main Centre: The school has no headquarters as such. It is followed
by the majority of the Muslim population Of Turkey, Albania, the Balkans, Central
Asia, Afghanistan, Pakistan, China, India and Iraq.
Al-Madh'hab Al-Hanafi
Al-Madh'hab Al-Hanafi was the product of the Fiqh rules and regulations as taught
by Abu Hanifa. As in other Islamic Schools of Thought Abu Hanifa's Fiqh deals
with tawhid, elements of faith, elements of worship(pillars of Islam),
the halal and haram, ethics, dealing with other people (Mu'aamalat).
FEATURES of Al-Madh'hab Al-Hanafi
The Al-Hanafi School of Thought tends to put more emphasis on
Qiyas ( Analogy) and Raa'y ( personal opinion) than an emphasis on
Hadith choices, and the deductions there from. It does not acknowledge the
Imamah of Ahlul Bayt. The Hanafi School of Thought began its popularity in the
last quarter of the second century Hijrah.
ABU HANIFA:
Head of Al-Madh'hab Al-Hanafi: 80H-150H
Abu Hanifa was born in 80H, grew up to be brilliant and inquisitive; he was a
good business man, in charge of an enterprise dealing in the silk industry. He was
the employer of many men, managing his enterprise in Kufa well. Abu Hanifa's
keen interest in researching Islamic sciences led him to Basrah many times.[6] At
first both Al-Hasan Al-Basri and Abu Hanifa were associated with Murji'ah
philosophy but later on Abu Hanifa dissociated himself from the
movement. During his youth Abu Hanifa visited Hijaz to have a dialog with
Imam Muhammad Al-Baaqir (the father of Al-Saadiq).
The brother of Al-Baaqir, Zaid Ibn Ali, was revered for his Islamic
learning. Zaid Ibn Ali revolted against the oppression of Benu Umayya
government in 121H, and Abu Hanifa encouraged people to join and support
Zaids revolt. Once the revolt was put down, the 41 year old Abu Hanifa was put
in jail because of his support of Zaid. Shortly after, Abu Hanifa escaped from jail
and left for Medina to join Al-Saadiq's discourses and teachings at the Institute of
Ahlul Bayt.
Shafi'i School
Imam Muhammad b. Idris al-Shafii (150- 206 AH)
Shafi'iyyah was the third school of Islamic jurisprudence. According to the Shafi'i
school the paramount sources of legal authority are the Qur'an and the Sunnah. Of
less authority are the Ijma' of the community and thought of scholars (Ijitihad)
exercised through qiyas. The scholar must interpret the ambiguous passages of the
Qur'an according to the consensus of the Muslims, and if there is no consensus,
according to qiyas.
History:
The Shafi'iyyah school of Islamic law was named after Muhammad ibn Idris alShafi'i (767-819). He belonged originally to the school of Medina and was also a
pupil of Malik ibn Anas (d.795), the founder of Malikiyyah. However, he came to
believe in the overriding authority of the traditions from the Prophet and identified
them with the Sunnah.
Baghdad and Cairo were the chief centres of the Shafi'iyyah. From these two cities
Shafi'i teaching spread into various parts of the Islamic world. In the tenth century
Mecca and Medina came to be regarded as the school's chief centres outside of
Egypt. In the centuries preceding the emergence of the Ottoman Empire the
Shafi'is had acquired supremacy in the central lands of Islam. It was only under the
Ottoman sultans at the beginning of the sixteenth century that the Shafi'i were
replaced by the Hanafites, who were given judicial authority in Constantinople,
while Central Asia passed to the Shi'a as a result of the rise of the Safawids in
1501. In spite of these developments, the people in Egypt, Syria and the Hidjaz
continued to follow the Shafi'i madhhab. Today it remains predominant in
Southern Arabia, Bahrain, the Malay Archipelago, East Africa and several parts of
Central Asia.
AL-MADH'HAB AL-SHAFI'I
Al-Madh'hab Al-Shafi'i was the product of the Fiqh (rules and regulations) as
taught by Ibn Idrees Al-Shafi'i. As in other Islamic Schools of Thought Al-Shafi'i's
Fiqh deals with tawhid, elements of faith, elements of worship(pillars of
Islam), halal and haram, ethics, dealing with other people (Mu'aamalat).
thought. In 199 AH, Imam al-Shafii moved to Egypt along with Ibn Abdullah alAbbas, the governor of Egypt. There, his school slowly began to spread.
Unfortunately, because he differed on some points with Imam Malik, Imam alShafii incurred the anger of many of the adherents of the Maliki school in Egypt,
and they eventually rioted and killed him.
It is worth noting that al-Bukhari and al-Muslim did not narrate any hadith from alShafii - not because he was inferior in knowledge, but because he had inclinations
towards the school of Ahlul Bayt. He said that Ali b. Ali Talib had the right to
leadership at the time over Muawiyah and his companions,37 who were the group
that began the assault on Islam. He displayed love for Ahlul Bayt and the family of
the Prophet and proclaimed, If anyone who loves the Ahlul Bayt is a rafidi (a
rejecter of the three caliphates) then let the whole world witness that I am the first
rafidi. Such statements not only led to his arrest as mentioned before, but also
resulted in silencing his books of hadith.
Maliki School
Imam Malik b. Anas (93 - 179 AH)
Malikiyyah is the second of the Islamic schools of jurisprudence. The sources of
Maliki doctrine are the Qur'an, the Prophet's traditions (hadith), consensus (ijma'),
and analogy (qiyas). The Malikis' concept of ijma' differed from that of the Hanafis
in that they understood it to mean the consensus of the community represented by
the people of Medina. (Overtime, however, the school came to understand
consensus to be that of the doctors of law, known as 'ulama.)
Imam Malik's major contribution to Islamic law is his book al-Muwatta (The
Beaten Path). The Muwatta is a code of law based on the legal practices that were
operating in Medina. It covers various areas ranging from prescribed rituals of
prayer and fasting to the correct conduct of business relations. The legal code is
supported by some 2,000 traditions attributed to the Prophet.
History:
Malikiyyah was founded by Malik ibn Anas (c.713-c.795), a legal expert in the
city of Medina. Such was his stature that it is said three 'Abbasid caliphs visited
him while they were on Pilgrimage to Medina. The second 'Abbasid caliph, alMansur (d.775), approached the Medinan jurist with the proposal to establish a
judicial system that would unite the different judicial methods that were operating
at that time throughout the Islamic world.
The school spread westwards through Malik's disciples, becoming dominant in
North Africa and Spain. In North Africa Malikiyyah gave rise to an important Sufi
order, Shadhiliyyah, which was founded by Abu al-Hasan, a jurist in the Malikite
School, in Tunisia in the thirteenth century.
During the Ottoman period Hanafite Turks were given the most important judicial
in the Ottoman Empire. North Africa, however, remained faithful to its Malikite
heritage. Such was the strength of the local tradition that qadis (judges) from both
the Hanafite and Malikite traditions worked with the local ruler. Following the fall
of the Ottoman Empire, Malikiyyah regained its position of ascendancy in the
region. Today Malikite doctrine and practice remains widespread throughout North
Africa, the Sudan and regions of West and Central Africa.
AL-MADH'HAB AL-MAALIKI:
Al-Madh'hab Al-Maaliki was the product of the Fiqh (rules and regulations) as
taught by Malik Ibn Anas. As in other Islamic Schools of Thought Maalik's Fiqh
At the same time however, Khalifa Al-Mansoor was ever anxious to build
forces to counteract the profound influence of the school of Ahlul Bayt. In 153H
Al-Mansoor approached the 60 year old Malik Ibn Anas offering him a position to
be Supreme Justice over Medina and Hijaz, but with a request for Malik to write a
book in Fiqh, so that Al-Mansoor would enforce it over the whole
Ummah. Al-Mansoor had one more request, however, that the book not mention
even once the name of Imam Ali.[11]
Malik Ibn Anas agreed, sensing that his book, as supported by the government,
would have immediate success. However, the down-side to this was not
mentioning Ali, but that would be the price to be paid against the advantage of
spreading his Islamic knowledge.
The result was the book called Al-Mu'watta'. The Fiqh in Mu'watta' was later
known as Fiqh of Malik Ibn Anas. It was spread and patronized by many rulers of
Benu Abbas, and especially in Andalusia (Spain), North Africa, and some parts of
Middle East. Malik Ibn Anas became the official high powered Supreme Judge for
a long time. He was sponsored and patronized by Khalifa Al-Mansoor, then
Khalifa Al-Mahdi, then Khalifa Al-Haadi, then (and especially so) by
Khalifa Al-Rasheed. This support was done not due to what this Fiqh deserved but
mainly as a counterweight against Ahlul Bayt and their enormous influence in the
society.
Conclusion
The Hanbali school of thought was headed by Imam Ahmad ibn Hanbal who lived
from 164H to 241H. He was born and died in Baghdad. He only gained popularity
in Najd (a region of the Arabian Peninsula) due to the ideas of Muhammad ibn
'Abd al-Wahhab, the founder of Wahabism. The Hanbali madhhab spread in Najd
primarily due to the teachings of Ahmad ibn 'Abd al-Halim al-Dimishqi ibn
Taymiyyah (661H-728H) and his student ibn al-Qayyim al-Jawziyya.
The Shafi'i School also has a wide influence in Egypt, Indonesia, the Philippines,
Brunei, Singapore, Thailand, Sri Lanka and the Maldives.
This school of thought is named after Muhammad ibn Idris al-Shafii, a precocious
student, who is described by historians as the master architect of Islamic law.
The Maliki School has its main following in Egypt, as well as having smaller
groups of followers in Algeria, Tunis, Morocco, Mauritania, Libya, Kuwait,
Bahrain, Dubai and Abu Dhabi, although it originated in Saudi Arabia in the city
of Medina. When the Maliki School was formed the word Sunnah did not yet mean
the traditions' or practice' of the Prophet (pbuh) specifically but also referred to
the actions of the people of Medina at the time.
The Hanbali school derives its rulings almost solely from the Quran and Sunnah,
which proves to be popular with groups of people wishing to return to a purer'
Islam (the Wahabi movement, for instance, emerged out of the Hanbali school).
Other influential figures in the school were al-Kiraqi (d. 946), Ibn Qudama (d.
,./1223).[3], Ibn Taymiyya (d. 1328) and al-Qayyim al-Jawziyya (d. 1350).
Bibliography
Books:
1. Syed Khalid Rashid, Muslim Law, fifth edition 2012
2. Aqil Ahmad, Mohammedan Law, Twenty fourth edition, 2013
Website:
1. www.islamic-law.com
2. www.alislam.org
3. www.historyofislam.com