Download The History of Islamic Law

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THE ESTABLISHMENT,
DEVELOPMENT AND
COMPILATION PERIOD (VII M
– X M CENTURY)
of The History of Islamic Law
Origins of Fiqh
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The formative period of fiqh stretches back to the time of the
early Muslim communities. In this period, jurists were more
concerned with pragmatic issues of authority and teaching
than with theory.
Fiqh Islamic Law as one of the cultural aspects of Islam
reached its peak of development in the Khalifah Abbasiyah
period that governed for approximately 500 years.
In this time:
 Were born the Islamic Law experts that founded and
formulated the Islamic Fiqh foundations
 Emerged multiple legal theories that are still used by the
Islamic population until today
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Development of Fiqh
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The development of Islamic Law is made in the governing of Khalifah
Umayyah and Khalifah Abbasiyah (750-1258). This period is known as
the Islamic Golden Age. A number of important legal concepts and
institutions were developed by Islamic jurists during this classical period
of Islam.
Progress in theory happened with the coming of the early Muslim jurist
Muhammad ibn Idris ash-Shafi'i (767-820), who laid down the basic
principles of Islamic jurisprudence in his book Al-Risala.
Al Risala details four roots of law:
 Qur'an
 Sunnah
 Ijma
 qiyas
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The Fiqh Classification
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Fiqh classifies behavior into the following types or
grades:
 fard
(obligatory)
 mustahabb (recommended)
 mubah (neutral)
 makruh (discouraged)
 haraam (forbidden).
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Every human action belongs in one of these five
categories.
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Explanation to the Classification
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Actions in the fard category are those required of all Muslims. They include the five
daily prayers, fasting, articles of faith, obligatory charity, and the hajj pilgrimage
to Mecca.
The mustahabb category includes proper behavior in matters such as marriage,
funeral rites and family life. As such, it covers many of the same areas as civil law in
the West. Sharia courts attempt to reconcile parties to disputes in this area using the
recommended behavior as their guide. A person whose behavior is not mustahabb
can be ruled against by the judge.[
All behavior which is neither discouraged nor recommended, neither forbidden nor
required is of the Mubah; it is permissible.
Makruh behavior, while it is not sinful of itself, is considered undesirable among
Muslims. It may also make a Muslim liable to criminal penalties under certain
circumstances.[
Haraam behavior is explicitly forbidden. It is both sinful and criminal. It includes all
actions expressly forbidden in both the Old Testament and the Qur'an. Violating
any of the Ten Commandments is considered haraam. Certain Muslim dietary and
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clothing restrictions also fall into this category.
Fiqh
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The recommended, permissible and discouraged
categories are drawn largely from accounts of the
life of the Islamic Prophet Muhammad. To say a
behavior is sunnah is to say it is recommended as an
example from the life and sayings of Muhammad.
These categories form the basis for proper behavior
in matters such as courtesy and manners,
interpersonal relations, generosity, personal habits
and hygiene.
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Ijtihad Movement
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The Ijtihad Movement is the movement to utilize all
the thinking skills in understanding Islamic Law that is
stated in the legal articles in the Quran.
The Sunnah of Prophet Muhammad (SAW)
formulated them to become legal foundations that
governed all aspects of life and human lives by the
people that fulfill the criteria from everywhere.
Mujtahid are people who adhere to this.
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Classifications of the Mujtahid
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Absolute Mujtahid who are the ulama that first pushed the formation of the Islamic Fiqh law
based on their ijtihad about the articles in the Quran and the Sunnah of Prophet Muhammad
(SAW). The Absolute mujtahid (Abu Hanifah, Malik Bin Anas, As-Syafi'i, Ahamad bin Hambal)
with their expansive knowledge could determine the legal foundations through the ijtihad.
Mujtahid mazhab are the people that pass on the teaching foundations that has been given by
the absolute mujtahid. With the effort of the mujtahid mazhab the legal foundation became
more clear to be applied to a specific problem and with their wide knowledge the mujtahid
mazhab could establish the law that has not been established by the absolute mujtahid.
Mujtahid Fatwa who are the people that continue the work of the mujtahid mazhab to decide
the legalities of a problem through a fatwa or a council.
Tarjih expert: are people with knowledge that can compare which opinions are superior and
also to give explanation or comment about the opinions that has been founded by the
mujtahid. In Indonesia today in the NU circle and the Muhammadiyah is a new specific group
that develops Islamic law.
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Factors to Development
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Islam territory is already wide spread throughout India, to China
and the East until Spain in the West. In this wide territory lies a
multitude of nations with cultures lifestyles and values that are
different to combine them all into one legal lifestyle, where clear
guidance is needed. This pushes the legal experts to study the
sources of Islamic Law to understand the foundations of law from it,
also to determine the norm for an action to solve problems that arise
from society.
There has been written work about law that can be used as material
to build and develop the Islamic Fiqh Law.
There are also experts who are able to ijtihad and solve multitudes
of legal problems in society.
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Notable Mujtahid and Imams
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Abu Hanifah (al-Nukman ibn Tsabit): 700-767 M.
Malik bin Anas: 713-795 M
Muhammad Idris As-Syafi'i: 767-820 M.
Ahmad bin Hambal (Hanbal): 781-855 M.
 People
mostly become imitators of these four experts. in
the sense of ittiba (which is to follow their opinions and
understand their basic foundations) or taqlid (or to
follow).
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