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1. What is fiqh?
- Among the many sciences that appeared in Islamic history, fiqh is the foremost; it is the first of the Islamic sciences to appear.
- "Fiqh" (الفقه) = understanding.
- The laws of the Shari'ah derived on the basis of the Quran, the Sunnah and ijtihad are contained in fiqh.
2. The origin and growth of the science of fiqh
| Time | Event |
|---|---|
| The time of the Tabi'un | Fiqh began to grow as a separate science; famous mujtahids held classes explaining fiqh in the main cities of the Islamic state; rulings were given on new problems through ijtihad |
| The time of the Tabi' al-Tabi'in | The golden age of fiqh; rulings on many new problems → these were collected into books of fiqh law → the madhhabs appeared |
- Although many madhhabs appeared in history, for various reasons four madhhabs remained; they are named after the imams who founded them.
- Their efforts made it easy for ordinary people, the muqallids, to live according to Islam.
Muqallid (مقلّد) = an ordinary person who follows the rulings of the mujtahids. Mujtahid = a scholar qualified to make ijtihad.
3. The four imams
(1) Imam Abu Hanifah (RH) – 80–150 AH
| Point | Fact |
|---|---|
| Own name | Nu'man ibn Thabit |
| Birthplace | Kufah |
| Title | Al-Imam al-A'zam (the Greatest Imam) |
| Occupation | A trader; yet keen to study the religious sciences |
| Teacher | Hammad ibn Abi Sulayman, the famous scholar of Kufah; he also learned from the scholars of Makkah and Madinah on his hajj journeys; after Hammad's death he took over the class |
| Book | His rulings were recorded and published under the name "al-Fiqh al-Akbar"* |
| Way of thinking | In his time the reliability of hadiths was unclear, so he judged by ijtihad, using as evidence the hadiths he found to be sound → "madrasat ar-ra'y" (the school of reasoned opinion) |
| Students | Imam Abu Yusuf, Zufar, al-Hasan ash-Shaybani – they refined their teacher's views by linking them with hadiths |
| Madhhab | The Hanafi madhhab; because Imam Abu Yusuf served as chief judge in the time of Caliph Harun, it was declared the state madhhab in Caliph Harun's time |
*"Al-Fiqh al-Akbar" is generally known as a short work on aqeedah attributed to Abu Hanifah; the student usually named alongside Abu Yusuf and Zufar is Muhammad ibn al-Hasan ash-Shaybani – confirm with the teacher.
(2) Imam Malik (RH) – 93–179 AH
| Point | Fact |
|---|---|
| Own name | Malik ibn Anas |
| Birthplace | Madinah |
| Title | Imam al-Madinah (the Imam of Madinah) |
| Time | A contemporary of Imam Abu Hanifah; he learned hadith and fiqh from the Tabi'i scholars of Madinah |
| Teaching | In Madinah; students, the public and sometimes even caliphs attended |
| Way of thinking | Living in Madinah, hadiths were easy to obtain → solutions based on the Quran and the Sunnah → "madrasat al-athar" (the school of hadith-based tradition) |
| Book | Al-Muwatta' |
| Madhhab | The Maliki madhhab; introduced into Spain by his student Yahya al-Andalusi; it became the state madhhab there in the time of Caliph al-Hakam II |
| Influence | Notable influence in North and West African countries |
(3) Imam ash-Shafi'i (RH) – 150–204 AH
| Point | Fact |
|---|---|
| Own name | Muhammad ibn Idris |
| Birthplace | Gaza, Palestine |
| Lineage | Quraysh |
| Title | 'Alim Quraysh (the scholar of the Quraysh) |
| Education | Makkah and Madinah; taught in Baghdad; served the state in Yemen; worked as mufti and teacher in Baghdad; when the interference of the Mu'tazilah increased he went to Egypt |
| Talents | Besides the Sunnah and fiqh, Arabic literature and medicine; also famous as a poet |
| Books | Musnad al-Imam ash-Shafi'i, Kitab al-Umm, ar-Risalah (on usul) |
| Teachers | Imam Malik, and Imam Abu Yusuf* of the Hanafi madhhab |
| Way of thinking | He took in both madrasat al-athar and madrasat ar-ra'y, so his approach was progressive (balanced) |
| Rulings | Those given in Baghdad = qadim (old); those given in Egypt = jadid (new) |
| Madhhab | The Shafi'i madhhab; the state madhhab in Egypt in the time of Sultan Salah ad-Din |
| Followers | Most Muslims in countries such as Sri Lanka, Indonesia, Malaysia and Egypt |
*Biographies usually name Muhammad ibn al-Hasan ash-Shaybani as the Hanafi scholar ash-Shafi'i studied with – confirm with the teacher.
(4) Imam Ahmad ibn Hanbal (RH) – 164–241 AH
| Point | Fact |
|---|---|
| Own name | Ahmad ibn Muhammad ibn Hanbal |
| Birthplace | Baghdad (he grew up there) |
| Teachers | Imam ash-Shafi'i, Imam Abu Yusuf |
| Fields | Contributed in both hadith and fiqh |
| Book | Musnad Ahmad |
| Background | At a time when the views of the Mu'tazilah, who arose under the influence of Greek thought, had spread, he put forward ideas based on the Quran and the Sunnah |
| Way of thinking | "Madrasat al-athar" |
| Madhhab | The Hanbali madhhab; the state madhhab in the time of the Abbasid Caliph al-Mutawakkil |
| Influence | Officially recognised in Saudi Arabia; influential in the Arabian Peninsula |
- Besides these four, many other scholars contributed to fiqh; their views are also considered when seeking solutions to legal problems.
4. Comparison table
| Imam | Dates (AH) | Birthplace | Title | Way of thinking | Made state madhhab by |
|---|---|---|---|---|---|
| Abu Hanifah | 80–150 | Kufah | al-Imam al-A'zam | Ra'y | Caliph Harun |
| Malik | 93–179 | Madinah | Imam al-Madinah | Athar | Caliph al-Hakam II (Spain) |
| Ash-Shafi'i | 150–204 | Gaza (Palestine) | 'Alim Quraysh | Athar + ra'y | Sultan Salah ad-Din (Egypt) |
| Ahmad ibn Hanbal | 164–241 | Baghdad | — | Athar | Caliph al-Mutawakkil |
5. Madrasat al-athar vs madrasat ar-ra'y
| Madrasat al-athar (مدرسة الأثر) | Madrasat ar-ra'y (مدرسة الرأي) | |
|---|---|---|
| Basis | Solutions based on the Quran and the Sunnah (hadith) | Solutions through ijtihad / reasoned opinion, together with the hadiths found to be sound |
| Imams | Malik, Ahmad | Abu Hanifah |
| Combined by | Ash-Shafi'i – took in both |
Mujtahid vs muqallid
| Mujtahid | Muqallid |
|---|---|
| One who derives rulings from the Quran and Sunnah through ijtihad | An ordinary person who follows the rulings of the mujtahids |
6. Key Arabic terms
| Arabic | Meaning |
|---|---|
| الفقه | Fiqh – understanding; the science of Islamic law |
| التفسير | Tafsir – commentary on the Quran |
| المعروفات / المنكرات | Good things / evil things |
| مسألة فقهية | A question of fiqh |
| مذهب | Madhhab – a school of legal thought |
| الإجماع / القياس | Ijma' / qiyas |
| مدرسة الأثر / مدرسة الرأي | The school of athar (hadith) / the school of ra'y (reasoned opinion) |
Quick revision
- Fiqh = understanding; the first Islamic science to appear.
- Time of the Tabi'un – grew as a separate science; time of the Tabi' al-Tabi'in – the golden age, the madhhabs appeared.
- Abu Hanifah: Nu'man ibn Thabit, Kufah, al-Imam al-A'zam, Hammad, al-Fiqh al-Akbar, ra'y, Harun.
- Malik: Malik ibn Anas, Madinah, Imam al-Madinah, al-Muwatta', athar, Yahya al-Andalusi – Spain – al-Hakam II.
- Ash-Shafi'i: Muhammad ibn Idris, Gaza, 'Alim Quraysh, al-Umm, ar-Risalah, qadim/jadid, Salah ad-Din, the majority in Sri Lanka.
- Ibn Hanbal: Ahmad ibn Muhammad ibn Hanbal, Baghdad, al-Musnad, athar, al-Mutawakkil, Saudi Arabia.