SHORT NOTES - DEVELOPMENT OF FIQH

PREPARED BY: M. A. Ahmad EVOLUTION OF FIQH BY BILAL PHILIPS E: opinionwithali@gmail.com

GENERAL PRINCIPLES

Fiqh Literally means true understanding of what is intended. Technically it means - The science of deducing Islamic Law
from the evidence found in sources of Islamic Law.
Shariah Its like a - Waterhole. Where animal s gather to drink therefore a Straight Path.

Differences in Fiqh 1). Shariah Law is Fixed whereas Fiqh can change as requiered by the circumstances.
And Shariah Law 2). Shariah is the Body of revealed Laws found in both Quran and Sunnah wheeras Fiqh is the Law deduced from
Quran and Sunnah to cover specific situation.
3). Shariah Law lays down the principles whereas Fiqh demonstrates how Shriah to be applied in circumstances.

Stages & Development of Fiqh

Foundation It’s the Era of the Prophet PBUH

Establishment It’s the Era of the Rightoues guided Khalifas (632-661) till middle of the 7th Centuary.
Building From Ummayad Dynasty till the decline by the middle of 8th Centuary.
Flowering From Abbsid Dynasty till the middle of 10th Centuary
Consolidation From Abbasid Caliph decline the murder of the last Abbasid caliph till the hands of Mongols by 13th Centuary.
Decline Stagnation From Sacking of Baghdad 1258 AD and till to date.

SECTION ONE : THE FIRST STAGE - FOUNDATION

The Method of Quran was continously being revealed and most of the principles were laid as many people asked questions
Legislation from the prophet to solve problems which confronted them from both cities Madinah and Makkah.
E.g Salah as initially it was 2 times per day during Makkah then 5 times per day in Madinah.

Makkan Period Revelation during this period were generally laying the principles of Islam E.g Tawheed, Allah Existance, The
Next Life, Previos People (Aad & Samoud), Salah and Challenges.

Madinah Period Many laws of Islam were revealed during this period E.g Prohibition Laws, Jihad, Hypocrites and People of The
Books.

Legal Content of 1). Dealings Between Allah & Man : Some dealings is purely Worship form like Prayers, Fasting & Hajj.
Quran While other actions are of socio-economic content like Zakat, Sadaqah & Fitrah.

2). Dealings Amongst Men : These Laws dealt with other areas as mentioned below :

2a). Laws of Jihad : Laws deal with armed and unarmed struggle.
2b). Family Laws : Laws for development and protection of Family Structure E.g Marriage, Divorce & Inheritance
2c). Trade Laws : Governing business transactions and contracting Laws
2d). Criminal Laws : Covering various crimes.

Basis of Quranic The basis of Legislation is to eradicate corruption, cancelling custom which harms society, forbidding exploitation
Legislation of women and destruction of family structure. Forming trade practices and dis-allowing corrupt business
transactions and trade. Legislation is for structuring moral and human welfare.

Realizating Public 1). Abrogation : These laws concerned to the welfare of the society for a limited period. So these laws would
Welfare later disappear and as of now the cease to exist and can not be practiced.
2). Waseeyah : These laws pertained to Inheritance and Allah confirmed it to teach muslims the importance
family rights with regards to wealth.
3). Mourning Period : The widows mourning period was previsly an year but Allah reduced to 4 Months and
10 Days.
4). Fornication : Originally offence of sex related crime was confinement to home until the person repents. This
law was abrogated and Allah determined new laws of flogging the married man and woman of they committed
fornication and lashes to unmarried man and woman.
Universality of Law Islam is for all the people in general. E.g a woman was brought from a powerful tribe who had accepted that she
committed theft. To this the prophet asked for amputation of hands though there were request to lessen her
verdict as she belonged to a powerful tribe. This made Prophet unhappy and declared even if his own daughter
Hazrat Fatimah RA did the same thing he would given the same verdict.

Sources of Islamic The basic source is Quran and other is the Sunnah. Sunnah is both the verbal declaration of Prophet or his actions.
Law E.g Quran mentiones to Establish Salah but Sunnah shows the way how to perform Salah and establish it.

Some of the actions which are permissible but are not alllowed are to protect other moral values E.g A person
should not marry a daughter and mother at the same time or woman and her aunt though he can marry them both
at same time but its not allowed so as to protect family values.

Ijtihad It’s the processof arriving at reasoned decisions to suit current circumstances those decisions are called Ijtihad.
These decisions are made and deduced under the light of Principles laid by Quran and Sunnah.

SECTION TWO : THE SECOND STAGE - ESTABLISHMENT

Problem Solving 1). To be first searched for the ruling in Quran.

Procedures of the 2). Then to be searched in the Sunnah of the Prophet or his sayings.
Caliphs 3). If the ruling is not in Quran or Sunnah then Caliph would do Ijtihad by calling a meeting of major Sahabaas to
come to a unanimous decision on a solution of the problem.
4). If unanimous decision could not be taken the Caliph would take the position of the majority.
5). If the differences were so great and its difficult to ascertain majority then the Caliph would do his own
reasoning and rule a solution for the problem.

Approach of Caliph 1). Sahabaas made it clear that their Ijtihad were their own reasons and its not necessarily tobe from Allah. If the
to Ijtihad decision is clear then its from Allah or else its from Satan if wrong.
2). If the ruling was from within their capacities and later if the correct ruling was found from Sunnah then Sahaba
ruling would be dropped and correct Sunnah was to be adopted dropping all differences.

Absence of Factions Khalifas did not had too many differences between them previosly due to these reasons as below :
1). Mutual discussion and unanimous decision making.
2). Ease to call on meeting as Sahabas were not allowed to be away from Madinah.
3). General reluctance of Sahaba to rule out instead they redirected puzzling questions to other more qualified
sahabaas.
4). Fact Khalifa Umar RA asked not to frequently quote Hadith but rather study Quran deeply and deduce rulings
from it. And Sahabas feared to quote Hadith as they could make a mistake in the Hadith.

Fiqh in Sahabas 1). Fiqh did not had any standard procedures which were followed by Sahabas. Sahabas recommended other to
Era read and follow Quran.
2). Sahabas avoided giving personnal opinions on matters but sticked to the literal meaning of Quran. However
there were sahabas who favored wide use of personal opinions when not defined by Quran or Sunnah.
3). Fiqh changed as per the conditions of the environment during sahabas. As Hazrat Umer prohibited to give cash
to newly converted muslims as Islam did not need any supporters.
4). Rulings of the chosen Caliph was not openly opposed however once new Caliph was chosen then his new rulings
overtook previos caliph rulings as per his madhab.
 SECTION THREE : THE THIRD STAGE - BUILDING

Prologue This stage is regarded after the death of Hazrat Ali RA and Ummayad were in Caliphate for a centuary. This stage
saw social unrest and corruption in Ummayyad Dynasty. Scholars ran away as curropt practices were common and
new practices were introduced in Islam which were Haram. E.g. Magic, Astronomy became common and was
presented in the Rulers court and were rewarded.

Calipahte was converted in Kingship and Bait ul Maal was considered as personnal treasury. And no taxes were
paid by the rulers.

Major Observations There were 3 Major observations in this period :

1). Ijtihad was performed regularly as scholars secluded themselves from corruptions.
2). Narrations of Hadeeth was widespread and theer was possibility of narrating fabricated Hadeeths.
3). It was this time when the compilation of Fiqh started preserving Ijtihad of Sahabas.

Factors Effecting 1). Division of Ummah : During this era various factions arose most prominently Shias and Khawarij. Later Shias
Fiqh sect later developed into their own Fiqh and Jurisdictions.
2). Deviation of Ummayyad Caliphs : Music, Dancing Girls, Magic and Astronomy was common and Bait ul Maal
became a personnal property of the Caliph. Government became a dictator like dynasty.
3). Dsipersion of Ulama : Many Ulamas fled to avoid conflicts and confusion from major cities. Whenever an
outstanding scholar appeared people gathered around to learn and this led to the beginning of various Madhabs.
4). Fabrication of Hadith : Narration so fHadeeth grew as need for information grew. New phenomenon developed
that is fabricators said a few authentics hadeeths and fabricated many in order to be trusted. This also led to the
beginning of collecting Hadeeths and science of Hadeeths.

Reasons for 1). There were 2 Groups of Hadeeth Ahlul Raye and Ahle Hadeeths. Ahlul Raye gave the rulings by interpreting by
Differences own decision making. Whereas, Ahlul Hadeeths sticked to literal meaning of the Hadeeth.
2). Cultural differences appeared together with different customsdue to regional expansions of Islamic teachings.
Therefore different rulings came in to being as per the cultural and customs of the particular regions.

Compilation of Fiqh It was in this era when the students who have studied under Sahabaas observed that If the compilation of Rulings
and Ijtihads is not preserved then later generation of Muslims will be benefitted by the rulings of Sahabaas.

SECTION FOUR : THE FOURTH STAGE - THE FLOWERING

Prologue This stage saw Fiqh as an Independent Islamic Science. Scholars were supported by Rulers. Discussion and debates
on controversial topics became widespread. By the end of this period Fiqh was divided into 2 categories Asool Al
Fiqh and Furro Al Fiqh. Asool Al Fiqh means Fundamental Principles of Fiqh and Furoo Al Fiqh theological, scientific
and philosophical aspect of Fiqh.

Period of The Great During this period early Caliphs of Abbasid Caliphate supported scholars of their time and also sent their children
Imams to learn Fiqh and Hadeeths E.g Khalifa Haroon Rasheed.
Khalifa Al Mansoor commissioned Imam Malik to compile an authoritive book of Sunnah. On its compilation Caliph
consulted Imam Malik to allow it to make the Constitution of the Caliphate. Though it was denied as Imam Malik
mentioned that some Hadeeths may have been omitted due to the fact many scholars were also living elsewhere.

Increase in Centres Scholars and students journeyed back and forth in order to seek knowledge more E.g Imam Mohammad Ibn Hasan
of Learning student of Imam Abu Haneefah went from Iraq to Madeenah to learn from Imam Malik who was in Hijaz to
memorize his book of Hadeeths.
Spread of Debate Debates and discussion were widespread on various different issues and scholards weeded out wrong rulings and
and Discussions new rules through Ijtihad were being made. E.g Three student of Imam Abu Hanifah rejected the ruling of their
teacher Imam Abu Haneefah who ruled out that only Khamr from Date is Haram but from other sources is not. It
is due the fact Imam Abu Hanifa strictly followed the literal meaning of Hadeeths whereas when his students
found other authentic Hadeeth from other sources they rejected their teachers ruling.

Types of Fiqh 1). Some nooks were a mixture of legal rulings, hadiths and opinion of Sahabas and student of Sahabas.
Compilations 2). Some books were written to compile priciples of Fiqh and Hadith being mentioned inorder to vaidates authors
deduced ruling.
3). These books discussed the application of Fiqh with littl Hadiths mentioned. These books were in chapters
which were on certain issues.

Court Debates During this time court debates were common and scholars defended their Madhabs and those who lost against the
other scholars not only lost monetary award but also prestige. Therefore this led to further division of Madhabs
between the scholars.

The Sources of Fiqh 1). The Quran 2). The Sunnah 3). Opinion of The Sahaba 4). Qiyas 5). Istihan 6). Urf

Qiyas - Qiyas is Ijtihad therefore a Unified Judgement of Scholars.

Istihsan - It’s the circumstancial need which overcomes the decision of Ijtihad.
Urf - It’s the social customs which are accepted as Law E.g Dowry / Mahr should be decided as per Shariah. But in
Egypt some of Dowry is given soon after marriage and some after the death or incase of Divorce.

SECTION FIVE : THE MADHABS - SCHOOL OF ISLAMIC LEGAL THOUGHTS

Prologue In early period during Ummayad and Abbasid dynasties theer were differences in the aspect of Ijtihad in 2 groups
Alul Raye and Ahle Hadeeths. These two groups evolved into various Madhabs and as since scholars and their
students were dispersed throughout the region therefore Ijtihad was done to solve local issues. Usually many
students travelled to learn under different teachers so flexibility was maintained between for Ijtihad.

Hanafi Madhab It was founded by Imam Abu Haneefah actual name Numan Ibn Thabit. Period (703 - 767). His teacher was Hammad
Ibn Zaid. Abu Haneefah became most renouned scholar of Khufah. Abu Haneefah declined of the offer to become
Judge on request of Umayyad dynasty. During Abbasid dynasty rule he was imprisoned as he again turned down an
offer. And he remained imprisoned till his death in Baghdad till 767 AD. He is considered to be a minor Tabiyon
as he met a few Sahabas.

Methodology Abu Haneefah used group discussion for his decision making. He would give a problem to his students and then
meet in group to discuss and come out on a solution. And then he would ask his student to record the decision.
Abu Haneefah with his students worked on hypothetical situations as well. They were Ahlu Rai or the What Iffers.

Sources of Decision 1). Quran 2). Sunnah 3). Ijmah of Sahabah 4). Individual Opinion of Sahaba 5). Qiyas 6). Istihsan 7). Urf

Abu Haneefah 1). Zafar Ibn Al Hudhayl 2). Abu Yoosuf Yaqoob 3). Mohammad Ibn Al Hasan
Main Students

Followers of His India, Afghanistan, Pakistan, Iraq, Syria, Turkey, Guiana, Trinidad and to some extent in Egypt too.
Madhab

Awzai Madhab This madhab was named after Syrian scholar Abdur Rehman Ibn Al Awzai. Born in Balbek in 708 AD. He was known
as major scholar of 8th Centuary. Awzai opposed excessive use if Qiyas but concentrated on Quran and its literal
meaning. He died in Beirut in 774 AD.

Disappearance Imam Awzai Madhab was followed in Syria but when Abu Zarah of Shafi Madhab became Judge he gave monetary
reward to those who learned Mukhtasar Al Muzani a book on Shafi Madhab. This way Imam Awzai Madhab
diminished slowly but his teaching are recorded and are still used in comparative Fiqh.

Maliki Madhab Madhab was founded by Imam Malik Ibn Anas Ibn Amir. Born in 717 AD in Madinah. His Grandfather was amongst
major Sahaba of Madinah. Imam Malik studied under Az-Zuhri and Naffi. Imam Malik was severely beaten on ruling
that forced divorces are invalid. Imam compiled his book Al Muwatta with Prophets sunnah on order of Abbasid
caliph Abu Jaafar. He died in Madinah 801 AD at the age of 83.

Methodology Imam Malik method was to discuss the Hadeeth and its narration to solve problem of the time. He would also
narrate Athars (Statements of Sahabas) in context of the problem. He also inquiered the problem of the areas from
where his students came and narrate appropriate Hadeeths and Athars which could solve the problem. He strictly
avoided hypothetical and speculative Fiqh thus he was Ahlul Hadeeths.

Sources of Decision 1). Quran 2). Sunnah 3). Practice of People of Madinah 4). Individual Opinion of Sahaba 5). Ijma 6). Istislah
Imam Malik Main 1). Adur Rehman Ibn Al Qasim 2). Abu Abdillah Ibn Wahb
Students

Followers of His Egypt, Sudan. North Africa, West Africa and Kuwait, Qatar & Bahrain.
Madhab

Zaidi Madhab Madhab was found by Zayd Ibn Ali whose lineage went to Hazrat Ali RA. He was born in Madinah in 700 AD. Zaid
went to Iraq, Kufah, Basrah to learn from various scholars. Zaid Ibn Ali was insulted by the caliph of Ummayad
Dynasty ultimately Zaid decided to fight agains the caliph. Zaid left to Kufah where he was joined by Shias of Iraq.
But was decieved by the Shias and died in the battle in 740 AD.

Methodology Zaid was a scholar concerning to narration of Hadeeth and recitation of Quran. If legal questions were raised he
would solve them by the opinions of Jurist Abdul Rehman Abi Layla. The rulings of Madhab were not dictated nor
they were recoded by Zaid himself.

Sources of Decision 1). Quran 2). Sunnah 3). Aqwal Hazrat Ali 4). Ijma of Sahaba 5). Qiyas 6). Aql

Zaid Ibn Ali Main 1). Abu Khalid Amr Ibn Khalid 2). Al Hadi ela Al Haqq
Students

Followers of His His followesr are mostly in Yemen currently.

Madhab

Al Laythi Madhab Madhab was founded by Al Laith Ibn Saad. He was born in Egypt in 716 AD. He was contemporary of both Imam Abu
Haneefah and Imam Malik. He exchanged ideas and ruling in mails with both these Imams.

Disappearance Imam Al Laith never recorded any rulings, his narrations or legal opinion on matters and neither instructed his
student to compile his teachings. His students were small and none became outstanding Jurists therefore his
Madhab did not gained prominance. Imam shafi settled in Egypt after his death therefore Imam Shafees madhab
took over Al Laythi teachings.

Al Thawri Madhab Madhab was found by Imam Sufyan At Thawri. He was born in 719 AD in Kufa. He studied extensivly Hadith and Fiqh
and he held views of Imam Abu Haneefah though he opposed his view on Qiyas and Istihsan. He tore the letter of
caliph Al Mansoor which mentioned that he should not oppose the ruling of Caliph which goes against Shariah. Later
Imam spent his life hiding until he died in 777 AD.

Disappearance Imam spent greater part of his life hiding therefore he was not able to attract large number of students who could
carry on his teachings. He said to his close student o destroy and burn his teaching or any compilations of his rulings
on this request the student did so. But his teachings and ruling till to date survived as they were recorded by other
students of different scholars and Imam.

Ash Shafi Madhab Madhab was found by Mohammad Ibn Idrees Ash Shafi. He was gorn in 769 AD in Ghazzah in Sham. He studied Imam
Malik and learned his book Al Muwatta in Madinah. He was taught Hadith and Fiqh. He later moved to Yemen to
teach but was accused of teaching Shias principles he was then brought to Haroon Al Rasheed where he was not
proven guilty and later left for Iraq. And he studied under Imam Mohammad Ibn Al Hassan. Then he left to learn
under Imam Al Lathi in Egypt but before he reached Egypt Imam Laythi passed away. Imam Shafi settled and died
in Egypt in 820 AD.

Methodology Imam Shafi combined the Maliki Text and Hanafi Text and called it Al Hujjah (The Evidence). This later came to
know as the Madhab al Qadeem (Old Madhab). This compilation happened in 810 AD. Then later Imam Shafi went
to Egypt and studied under the students of Imam Al Laythi. He then dictated his new Madhab to his new group of
students. Due to new Hadiths and new teachings in Fiqh he reversed his rulings and his legal positions which he
held in Iraq. He recorded principles of Fiqh in his book called Ar Risalah.

Sources of Decision 1). Quran 2). Sunnah 3). Individual Opinion of Sahaba 4). Ijma of Sahaba 5). Qiyas 6). Istishab

Imam Shafi Main 1). Al Muzani 2). Ar Rabee Al Maradi 3). Yousuf Ibn Yahya
Students

Hanbali Madhab Madhab was found by Ahmad Bin Hanbal Ash Shaybani. He was born in Baghdad in 778 AD. He studied Fiqh and
Hadith sciences and became greatest scholars of his time. His teacher were Imam As Shafee himself and Imam Abu
Yousuf famous student of Imam Abu Haneefah. He was jailed and persecuted for 2 years as he opposed the idea of
that Quran was created. But later was freed by caliph Al Mutawakkil. Imam Ahmad bin Hanbal died in Baghdad in
 855 AD.

Methodology Imam Hanbal concerns was collection, narration and interpretation of Hadiths. He dictated Hadiths from his vast
collection of over 30,000.00 hadiths it was called Al Musnad. It also contained various opinions of Sahabas as per
their understanding. He applied Sahabas opinion to various problems but when he did not get any solution then
he solved by his opinion and forbid his student to record his rulings.

Sources of Decision 1). Quran 2). Sunnah 3). Ijma of Sahaba 4). Individual opinion of Sahaba 5). Hadith Daeef 6). Qiyas

Imam Hanbal Main 1). Salih son of Imam Hanbal 2). Abdullah son of Imam Hanbal.
Students

Followers of His Saudi Arabia and Palestine.

Madhab

Dhahiri Madhab Madhab was found by Dawood Ibn Ali. He was born in Kufa in 815 AD. He was a student of Imam Shafee students
but later started studying Hadith undet Imam Ahmad bin Hanbal. He was expelled as he opinioned that Quran was
created. Later he took his own path of reasoning and took literal menaing of Quran which was obvios therefore it
became to be known as Dhahiri. He also referred to literal meaning of Sunnah. He died in 883 AD.

Sources of Decision 1). Quran 2). Sunnah 3). Ijma of Sahaba 4). Qiyas

Imam Dhahiri Main 1). Ali Ibn Ahmad Al Andaloosi

Students

SECTION SIX : MAIN REASONS FOR CONFLICTING RULINGS

Prologue Differences appeared due to the following aspect : Interpretation of Words Meanings, Grammatical Constructions,
Hadith Narrations ( Authencity, Avalibility of Hadiths, Textual Conflicts and Acceptance Criteria ). Other factors were
admissibility of Ijma, customs of Madinites, methods of Qiyas. All these factors were considered for the rulings
and this led to differences in various Madhabs.

Word Meanings There are some words which come in Quran and Sunnah with different meanings. E.g Qur which means menses or
time of purity between menses. Therefore Fiqh was divided in interpreting Quran and Hadith verses. Therefore
Imam Malik, Imam Shafee and Imam Hanbal took the meaning as purity period between two menses whereas Imam
Haneefah took as menses.

An other example Lams means sexual intercourse or literally it means touching by hands or to come in between of
something. There were 3 opinions of Jurists : Imam Abu Haneefah ruled sexual intercourse therefore on touching
a woman a person does not needs to perform Wudoo again. Imam Hanbal and Malik ruled out touching means by
hand and one only needs to perform Wudoo if the touch gave pleasure. Imam Shafi ruled out it means touch by
hand and also wether the touch is intentional or unintentional Wudoo had to be performed.

Narrations of Hadith 1). Availibility of Hadeeths : There were Hadiths which did not reached the scholars as Sahabas settled to various
places. E.g Salah for Rain (Istisqa) Imam Abu Haneefah ruled that Salah Istisqa not to be prayed in confregation
but other Imams and his students ruled that Salah Istisqa to be prayed in congregation. Both of these rulings were
based on different Hadeeths from different Sahabi who witnessed two diferent ways the Prophet performed.
2). Weak Narrations of Hadiths : There were cases when Imams took the position of Hadiths which were infact
Daeef and they mentioned that its still better then their Qiyas.

Condition of Hadith Imam Abu Haneefah took this conditio nthat a Hadeeth should be Mashoor wellknown before it could be accepted.
to be Accepted Imam Malik accepted Hadith which did not contradicted the practices and customs of Madinites
Imam Ahmad accepted Hadiths as Mursals which means from the student of a Sahabi who did not mentioned Sahabi
name. Imam Shafee only accepted Mursal Hadeeth from Saeed Ibn Mussayb which most Hadith scholars felt were
highly authentic.
Textual Conflicts There are authentic Hadiths which forbids any Salah after Fajr until the Sun has risen but in another authentic hadith
in Hadeeths Prophet mentioned to pray 2 units of rakah whenever someone enters a mosque before he sits down.

Imam Abu Haneefah took the first ruling therefore forbid any Salah after Fajr till the sun rises. Whereas Imam Malik
Imam Ahmad and Imam Shafee ruled first Hadith to be general and in context of second hadith they ruled 2 units
of Nafl prayers.

Method of Qiyas The major source of differences were in the methodology of Qiyas which is Analogical Deduction of Islamic Laws.
Some follow strict principles of Qiyas while other broaden the scope of Qiyas theerfore wide range of differences
developed.

SECTION SEVEN : THE FIFTH STAGE - CONSOLIDATION

Compilation of During Abbasid rule a format of compilation of Fiqh was evolved. The format was a scholar would divide his book
Fiqh into 4 Basic Pillars of Islam, then main heading and then divide into chapters which contained principles of that
particular topic as per Quran and Sunnah. Scholar would also mention proofs from other Madhabs and then end
methodically proving the correctness of his madhab. This method is still followed till to date.

Epilogue During compilation period only 4 Main madhabs remained. Madhabs reached their finalised and organized
rulings as per Quran and Sunnah of 4 major Imams. Ijtihad beyond madhabs was overtaken by Madhabi Ijtihad
therefore Ijtihad only to be done within the same Madhab and within the parameters laid by their own Madhabs.
Comaprative Fiqh rose which was used to essentially advance sectarian ideas.

SECTION EIGHT : THE SIXTH STAGE - STAGNATION AND DECLINE

Prologue This age happened in the 1st Quarter of 20th Centuary. Islam evolved into 4 Major School of Laws and scholar of this
time closed the gates of Ijtihad and mentioned all issues have now been resolved to its maximum. During this
period in Makkah Haram people use to offer Salah behind different scholars of Madhab E.g Hanbali would offer
Salah for Dhur then Shafee would separately offer Salah Dhur. Marriage between the Madhabs was also restricted.
At this point some of the English Laws were also incorporated in Islamic Law where there was silence in Islamic Law
in certain matters.

Taqleed which is called - Blind Following also became widespread in this era. People followed the scholars of their
Madhabs blindly. And this led to Madhabs factionalism.

Reasons of Taqleed 1). Schools of Fiqh were minutely formed indepth and in great details. Rulings were given through speculative Fiqh
2). Abbsid dynasty was broken into mini-states. And new Wazeers struggeled for power
3). Each mini- state started to follow Madhab of their choices. So scholars who wante dto become Judges had to
follow the state madhab.
4). Some people started calling to make Ijtihad to twist Madhabs in their favor. Consequently many incompetent
scholars started to preach the masses and mis guided them. This led famous and genuine scolars to close the gate of
Ijtihad to protect the religion.

Compilation of Fiqh Fiqh books of earlier scholars were shortened and condensed so that they could be learned. Summaries, footnotes
commentaries were added in later scholar Fiqh works. During this time books on Usool Al Fiqh were written.
However when the spread of European colonalism was fast and many area of Ottomon Empire fall in hands with
Europeans Territories and finally Ottomon Empire was dissolved during the First World War and many English Laws
took over Islamic Laws in result.

Reformers There have been various reformers E.g Ibn Tayymiah, Jamal Uddin Afghani, Sahg Waliullah Dehalvi, Moulana Moudi
Nasir Uddin Albani etc.
All the above scholars had mastered the Science of Fiqh of various Madhabs and called for unification of all Fiqh of
different Madhabs and called to open the doors of Ijtihad.
Currently colleges and universties teach Madhabs of the state so that Jurists rule as per the civil law of the state
accordingly to that Madhab. Jamia Al Azhar is however the only university which teaches all 4 Madhabs but asks for
students Madhab upon registration so that only that Madhab is taught throughout the period.
If a conflicting issue arises during these studies the teacher would superficially examine this conflict and the would
later support it with Hadiths that gives edge to his Madhab. Sometimes ofetn weak Hadith are mentioned to edge
Madhab being taught and this way students are convinced on the correctness of their Madhab.
 SECTION NINE : THE IMAMS AND THE TAQLEED

Imam Abu Hanifah 1). Used to mention to his students not to record his rulings based on Qiyas. Until the ruling has been throughly
debated between his students and unified ruling was accepted.
2). Imam mentioned to one of his student that " Do not make rulings who does not knows my proof, as we humans
may say something to day and reject it tomorrow".

Imam Malik 1). Imam Malik never hesitated to change his ruling E.g He mentioned that its not necessary to wash between toes
during Wudhoo based on his knowledge of Hadiths. He was later mentioned hadith which mentioned to wash
between toeas therefore he then changed his ruling as said, he had never heard of this hadith before.
2). Imam Malik said " I am a man and make errors and be sometimes correct, so throughly investigate what I mention
and anything which contradicts Quran and Sunnah reject it ".

Imam Shafee 1). He once mentioned " Its not allowed one to disregards an authentic Hadith in favor of someone else's opinion ".
2). He also said " Ifa Hadith is found to be Sahih then its my Madhab ".

Imam Ahmad Bin 1). During his time people started to follow blindly to their Imam and he took a strict stand on this issue.
Hanbal 2). He mentioned " Do not blindly follow my rulings, those of Malik, As Shafee, Al Awzai, Al Thawri - Take your
rulings from where they took theirs ".
3). He also mentioned " The opinioins of Al Awzai, Al Malik and Abu Haneefah are simply opinions to me but the
real criteria for right and worng is in Hadiths ".

Students of Imam On various of ocassions many students of all 4 Major Imams had different rulings against their teachers as all 4
Imams strictly mentioned not to blindly follow their rulings.

SECTION TEN : DIFFERENCES AMONGST THE UMMAH

Difference in The 1). The position in majority of Muslim is the 4 Madhabs are infallible. Everyone must follow one madhab and the
Ummah should not pick the ruling of other Madhab.
2). One who ascribe to no Madhab is mistakenly and commonly known as Wahabi or Ahl ul Hadiths.
3). Hadiths being used to defend a Madhab is either mis-interpretted or is not authentic.
4). Quran explicitly rejects conflicts and siputes amongst muslims.

Difference Within 1). Sahabas differences were due the ability of how they interpreted Hadiths and their differences were not clung
The Sahabas on the face of the contrary.
2). Early scholars empahsized that only true rulings of Sahabas which were proven to be correct should be followed
as correct.
3). Disagreement of Sahabas did not led to disunity and division amongst them. Whereas amongst later scholars of
Madhab differences evolved into disunity of the muslims.