During the second stage of the evolution of fiqh, the Sahabah approached issues by following the general course of action from the Quran and Sunnah. Their rulings were based on actual problems rather than hypothetical scenarios. If their ruling contradicted an authentic hadith, they would drop it. They did not force other Sahabah to agree but respected different opinions. Fiqh during this period was characterized by focusing on real issues, not prescribing rulings for all, not recording rulings, respecting freedom of opinion, carefully studying the Quran without distraction, and modifying some laws due to changes in reasons or social conditions. The madhab was of the Caliph since he had the final say.

1. Evolution of Fiqh
Part IV
The Second Stage:
Foundation

2. Peculiarity of this phase
-Dr. Mayeser Peerzada 2

3. Problem solving procedure of
Righteous Caliphs
-Dr. Mayeser Peerzada 3

4. The Approach of individual
Sahabah to Ijtihaad
Major Sahabah asked to make decision on
many day to day situations which aroused
Followed the general
course of action
• Their deduction not
necessarily from Allah
• Eg: Ibn Masud – asked rights
of inheritance of a women
who was married without a
defined Mahr- he said if
correct opinion from Allah and
if incorrect then from me and
Satan
If discovered that their
ruling contradicted the
authentic hadith –
dropped it
• Eg: Where should the dead
body of the Prophet (pbuh) be
buried ?
If there was no
unanimity, then would
not force other Sahabah
to follow but respected
each other
• Only exception for later
prohibition
• Eg: Mutah practiced until the
first half of Umar’s Caliphate
-Dr. Mayeser Peerzada 4

5. The Absence of Factionalism
The difference in Sahabah rarely
reached disunity
Caliphs’ reliance on Shuraa
Caliphs didn’t allow Sahabah to move
General reluctance of individual
Sahabah and re-direct puzzling
questions to better qualified Sahabah
Infrequent quotation of Hadith
• a) Fear of misquoting
• b) Umar forbade excessive quotation and
ordered to concentrate on the narration and
study of the Quran
-Dr. Mayeser Peerzada 5

6. Characteristics of Fiqh during this
period
Based on actual problems rather than hypothetical or imaginary ones ( Fiqh al- Waqee)
They did not prescribed it for the complete Ummah
Did not record their rulings
•Respect for freedom of Opinion
•Careful study of Quran without distraction to legal rulings
Majority stuck to the literal meaning of the text of the Quran and Sunnah. Avoid giving personal
interpretation
Modification of some laws of Shariah due to –
•A) disappearance of the reason for the laws existence
•Or b) change in social conditions
•Eg: a) Cash gift from Baitul maal to newly convert
•B) influx of wealth lead to increase in divorce therefore three time as complete
-Dr. Mayeser Peerzada 6

7. Madhab during this Era
Madhab of the Caliph because he had the final
say – their opinion never openly opposed
-Dr. Mayeser Peerzada 7

8. JAZAKALLAHUKHAIR
-Dr. Mayeser Peerzada 8