8. 3. Umayyid Period 41 A.H – 132 A.H
(661 C.E. – 749 C.E.)
Increase transmission in Hadeeth
Dispersion of scholars throughout the extended Islamic
empire.
Increase of centres to Islamic learning
Emergence of deviant sects;
‐ Khawarij (Lead by Abdullah ibn Wahb al‐Rasibi)
‐ Shi’ah (a faction of Rawāfidh founded by Abdullah ibn Saba)
‐ Zaidiyyah (a cult of the mainstream Shi’ah sect)
‐ Mu’tazilah (founded by Wāsil ibn Atā)
Influx reversion of non‐Arabs to Islām
Emergence of two major schools; Ahl al‐Hadeeth & Ahl ar‐
Ra’i
8
9. Ahl al‐Hadeeth (Traditionalist)
Major centre was Madeenah and Makkah
More adherent to the apparent meaning of
the Hadeeth
Less prone to interference of foreign culture
No deviant sects resided in these regions.
Accessibility to Hadeeth was not difficult
9
11. 3. Represented Scholars in each of these Provinces
11
• Ummul Mu’mineen A’isha (ra)
• The three caliphs
• Abdullah ibn Umar (ra)
• Abu Hurairah (ra)
• The seven jurists of Madeenah: Sa’eed ibn Musayyib, Urwah ibn al‐Zubair, Abu Bakr ibn Abdur
Rahman, Qasim ibn Muhammad, Ubaydullah ibn Abdullah, Sulayman ibn Yasār and Khārijah ibn
Zaid.
Madeenah
• Abdullah Ibn Abbas
• Mujāhid ibn Jubair
• Ikrimah
• Ata ibn Abi Rabah
Makkah
• Abdullah ibn Mas’ood
• Ali ibn Abi Tālib
• Alqamah
• Qadhi Shuraih
• Ibrahim al‐Nakhai
Kufā
13. 5. Cultivation
The Abbasid period 133 A.H – 338 A.H (750 C.E. – 950 C.E.)
Continuation from the Umayyid Period (3rd Era)
Each science evolved into an independent Islamic
discipline
Inauguration of the science of Jarh (authentication) and
Ta’deel (authentication).
No strict adherence to any school in the first hundred years
Increase of Islamic centres e.g. Baghdad, Shām and Egypt,
Spain
Organization of Fiqh
13
16. 2. Methodological approaches to Usool al‐Fiqh
‐ Deductive approach
‐ Inductive approach
3. Elaboration on Juristic principles with details
evidences
4. Harmonizing between juristic principles with detailed
case studies
5. Arrangement of juristic chapters such as purity, Salāh,
Zakāt, Hajj and so on.
6. Debates and discussions between scholars
16
17. Some Compilation of Fiqh during this Period
Kitābul Kharrāj – Imām Abu Yusuf
‐ dealing with political affairs
Al‐Umm – Muhammad ibn Idrees al‐Shāfi’ee
‐ detailed principles and juristic cases based on Shāfi’ee madh‐hab
Al‐Risālah ‐ Muhammad ibn Idrees al‐Shāfi’ee
‐ compilation of Usool ul‐Fiqh
Ta’see al‐Nadhr (fundamentals of analysis)
– Abu Zaid al‐Daboosi
17
20. 1. Madh‐hab
Literal = To go (.)ذﻫﺐ
Technical – A particular opinion of a Jurist. There are various implication to this;
A legal doctrine concerning a group of cases e.g. Differences of
opinions between the two or more schools.
A principle underlying a group of derivative cases.
Subsequently when an opinion was characterised as ‘Al‐madh‐hab’
it signified an opinion to be the standard normative of that school.
Strict loyalty of jurists (as well as non‐jurists) to a collective legal
doctrine attributed to the eponym of that school.
20
22. Distinction
Personal School Doctrinal School
Was limited to the individual Jurist A collective Entity
Methodological awareness was non‐
existent
Methodological awareness existed and
legal principles took shape
No well‐defined boundaries Well‐defined boundaries
Departure from the tutor’s principles
was not considered abandoning his
circle
Departure from the legal principles
altogether was considered departure
from the school
The Imām’s legal school represented a
collective contribution of the principles
of that region.
22
23. 3. Reasons for Defunct and Survival of
Schools
Defunct Survival
Limited to personal school Developed to the doctrinal stage
No codification of their works after
their demise
Works compiled, refined, elaborated
and transmitted to the subsequent
generations
No Political support Received political support e.g. assumed
high posts
Minimal and non‐influential students Attracted high calibre of jurists.
Due to similar principles, one school
became absorbed into the other and
eventually displaced.
Codified principles to find solutions to
unsolved matters.
23
30. 2. Narrations of Hadeeth
Conditions of accepting Hadeeth
‐ Imām Mālik would only accept a Hadeeth if it
conformed to the practice of the people of Madinah
‐ Imām Abu Haneefah would accept a Hadeeth if the
narrator reported it as verbatim from his teacher
‐ Imām Ahmad would accept mursal Hadeeth
‐ Imām Shāfi’ee would accept the report of the
majority whilst Imām Abu Haneefah would at times
accept the last of the Prophet’s (saw) action even if the
number of reports are less.
30
32. Conclusion
The 3rd era (Umayyid) set the foundation for the
evolvement of Usool‐ul fiqh in the subsequent
generation.
In each province of the Islamic world you had
represented scholars.
The major centres to Islamic learning were initially
Makkah, Madeenah and kufā.
Only the four schools survived whilst the other Madh‐
habs became defunct.
Differences amongst scholars were based on valid
reasons.
32
33. Recommended Reading
Hasan, F. Fa Usool Fiqh Ki Tareekh, (Urdu), Pakistan, Dārul‐
Ishāt.
Amīni , M.T. Ijtihād, (Urdu) Karachi, Qadeem Kutub Khana
Amīni, M.T (1991) Fiqh Islam ka Tāreekhi Pass Manzar, Karachi,
Qadeem Kutub Khana
Hallāq, W. (2007) A History of Islamic Legal Theory, Cambridge,
University Press
Hallāq, W. (2007) Origins of Evolution of Islamic Law,
Cambridge, University Press
Khandelvi, M.Z. Differences of the Imams, London, Azhar
Academy.
33
35. Life of Imām Abu Haneefah and his works
His knowledge on Fiqh and Hadeeth
His legal theory and methodological framework.
Contributors to the development of his school
His students
Testimony of scholars about Imām Abu Haneefah
Analysis of some criticisms against him and
detailed responses.
35