Download A Brief Note on the Four Islamic Fiqahs

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The Birth of Four Islamic Fiqhas (Jurisprudence): A brief note
Faqir Hussain Shakir
At the dawn of Islam, in 610 AD, the known world in general and the Arabs in particular, were
living, as Quran says, in an Age of Ignorance. The Arab Society was strictly tribal in nature
that had known no central socio-political system or law and order for centuries. The
surrounding nations such as the Romans and Persians were fluttering under the yoke of
kings and emperors.
It is a miracle in the human history that Prophet Muhammad (pbuh) freed mankind within a
span of 23 years from the slavery of every description and exposed humanity to the real
Freedom by bringing her to the threshold of One True God for His Worship. Prophet
Muhammad (pbuh) established a true God-fearing society and system of government where
temporal and spiritual affairs found their best expression in the context of Justice.
Khilaft-e-Rashidah or the Rightly Guided Government of Hazrat Abu Bakar, Hazrat Umar,
Hazrat Uthmaan and Hazrat Ali (may Allah be pleased with them all) is a shining example of
Islam’s legacy of that early period. However, it lasted for only 30 years, even the last few
years were wrought with serious political disturbances from within from the opposing camp of
Hazrat Amir Muaawiyyah.
Hazrat Amir Muaawiyyah became the sole Khalifah of the Muslim Ummah when Imam
Hassan abdicated after the martyrdom of Hazrat Ali in the year 661 AD. This was a turning
point in the history of Islam that changed the nature of government from Khilafah to
Kingship. The only exception is of Hazrat Umar Ibn Abdul Aziz (ruled from 717 – 720 AD)
who attempted to re-establish the glorious Khilafah in the same manner as before but he was
poisoned for his bold step through internal intrigues by his own clan for their own ulterior
motives.
After a brief period of Hazrat Umar Ibn Abdul Aziz (may Allah be pleased with him), the
dynastic rule again returned and continued for centuries through Banu Ummaiyyah and Banu
Abbas and other families. The Muslim rulers were still addressed as Khalifas but, in reality,
they were kings who would go to any length to secure their thrones. Religious scholars were
bought or threatened or came willingly to strengthen the power of the Muslim kings. The
religious and state matters from grass-root to higher levels were still conducted according to
the Islamic Shariah but the Muslim Ummah at large neither trusted nor had confidence in the
religious matters that came from the “royal courts”. The public turned to those Islamic
scholars who had no ties with the royal courts. And this is where our brief note on the birth of
the Four Islamic Fiqhas begin in this historical context.
The expansion of Islam was dynamic. In less than a hundred years it had spread from North
Africa to Spain in the West and to Central Asia and South East Asia in the East. New nations
with all their cultural values and linguistic diversities were coming into the folds of Islam. New
political, social and economic issues were emerging and demanding solutions from the
Islamic Jurisprudence. The Quran and Sunnah had laid down all the golden principles but
the legal application of these principles to cover all the practical eventualities needed to be
continuously worked out in a cohesive manner at a collective level. The Islamic government
with all its institutions as well as the Muslim Ummah were feeling the urgent need of
guidance in this area from the Muslim scholars. The government employed a great number
of Ulemas for this purpose but the mainstream Muslim Ummah appeared to be reluctant to
accept the “royal rulings” for the fear of partiality. Public, in general, trusted only those
Ulemas who were independent and far removed from the shadow of royal courts.
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There were a great number of such Ulemas and among them Imam Abu Hanifah (699 – 767
AD), Imam Malik (714 – 798 AD), Imam Shafi (767 – 854 AD) and Imam Hanbal (780 – 855
AD) stand distinct.
Imam Abu Hanifah’s real name was Numan Ibn Thabit. He was born in Kufah, Iraq in the
year of 80 Hijrah (699 AD) during the Ummaiyyad rule. Imam Abu Hanifah had seen the
dynastic rule of both the Ummaiyyad and the Banu Abbas. He was 15 years old when Hajjaj
Ibn Yousuf died and during the brief Khilafat period of Hazrat Umar Ibn Abdul Aziz, he was a
young man of about 20 years. Imam Abu Hanifah had seen the fall of Banu Ummaiyyah and
the rise of Abbasi dynastic power with his own eyes. He died in 767 AD during the time of
Abbasi Khalifah Al-Mansur.
The contribution of the Four Imams is a vast body of Fiqh (Jurisprudence) that they have left
behind for the Muslim Ummah. The principle of Ijtehaad (interpretation) to derive legal
ruling/injunction may be summarised as such:
Nas:
Quranic Commandment/Injunction
Sunnah/
Hadith:
The words and actions of Prophet Muhammad (pbuh)
Precedents: Companions of the Prophet who decided/settled certain matters in the light of
Quran/Sunnah
Ijma’:
The Ulemas and Muslim Ummah agree upon certain legal solutions of an issue
Qiyas:
Finding analogical solution of a certain issue in the light of Quran and Sunnah
Istehsan:
This is applied when Quran and Sunnah are silent on a matter and no
precedent exists. It means Allah has given man freedom to legislate in this area
within the parameters of Islamic spirit.
The time of these Four Imams was the time of ascendancy of Islam. The expansion of Islam
in the then known world brought close interaction with the non-Muslim as well as with the
newly converted non-Arab Muslim nations. This raised a great number of issues that needed
guidelines and solutions from the Islamic perspective in every area of practical life such as
finance, commerce, trade, agriculture, land reform, industry, grey areas of Halal/Haram, civil
disputes, criminal law and punishment, courts, witnesses, marriage and divorce, inheritance,
taxes, custom & excise and other revenues, import and export, travels, peace and war,
international relations, army, management and administration, elections.....etc. Although
such issues were handled amicably by Ulemas and institutions, they were, however,
fragmentary in nature. The need of the time was to legislate the Islamic Law in a cohesive
and comprehensive manner at a collective level for the Muslim Ummah and for the Islamic
government to run its affairs effectively.
Imam Abu Hanifah stands apart in this job. He is also known to have studied with Imam
Muhammad Al-Baqir and Imam Ja’far Al-Sadiq. He collected around him a galaxy of Islamic
scholars and established a “Legislative Assembly”, as it were, on his own to accomplish this
uphill task. He spent about 30 years with his brilliant companions such as Imam Abu Yousuf,
in research, in discussion of real events and conjectural issues and came out with over
eighty thousand “Masaa’ils” (issues) with their legislative solutions and committed them to
writing. The entire work was accomplished within the parameters of Quran and Sunnah. The
Islamic principles of Ijtehaad (interpretation) were applied when dealing with matters through
Qiyas and Istehsan. It is reported that sometimes the “Legislative Assembly” would spend
weeks, even months to discuss all the possible legal aspects of a matter before committing it
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to writing. This outstanding work was carried out independently without the help and
support - even the opposition - of the government.
After 30 years’ continuous efforts, this monumental work came out into the public domain.
Within a short time, it was welcomed and adopted as an Islamic Law by a majority of Muslim
lands such as India & Pakistan, Central Asia, Afghanistan, Bangladesh, China, parts of Iraq,
Syria & Turkey, Albania, Bosnia, Kosova, Macedonia etc. Now it is known as the “Hanifi
School of Thought” or “Hanifi Madhab”. However, the work continued after Imam Abu
Hanifah for centuries and even today there is no end to it as new and complex issues and
problems keep on emerging and challenging Islam for solutions.
Similarly the other 3 Imams also invested their entire life in the study of Islamic
Jurisprudence with an outstanding contribution towards Fiqh. The followers of Imam Malik’s
School of Thought are considered to be about 15% in the world that are spread in parts of
North and West Africa in countries like Tunisia, Algeria, Libya, Sudan, Morocco etc.
According to some writers of the Wikipedia Encyclopaedia, the English Common Law
borrowed a great deal from the Maliki’s Jurisprudence in the Middle Ages and it is still part of
the English Law. Ibn Khuldun and Ibn Rushd belong to the Maliki School.
Imam Shafi’s influence extends to many countries of the world such as Kurdistan,
Kazakhstan, parts of Egypt, Somalia, Mauritania, Yemen, Hejaz, Palestine, Lebanon, Syria
and to a number of Far Eastern countries like Indonesia, Thai Land, Singapore, Philippines,
Vietnam, Cambodia, Maldives, Sri Lanka and Kerala. There are thought to be about 28%
followers of Shafi School of Thought in the world. Imam Bukhari, Imam Muslim, Imam Nisai,
Imam Tirmizi, Imam Majah, Imam Beqahi and Imam Daood are some of the famous names
of Shafi School.
Next comes Imam Hanbal whose followers are spread mainly in the Arabian peninsular and
are far less in number as compared to the other three schools of thought. However, there are
a great number of towering scholars that belong to this School. Among them are Shah Abdul
Qadir Jilani, Imam Ibn Taimiyah and Abdul Wahaab.
These Four Schools are, generally, known as Hanafi School, “Maliki School", “Shafi School”
and “Hanbali School” respectively. All these Four Schools (Madhaahibs) or Four Fiqhas
share the same common principles, like an umbilical cord, that are directly derived from
Quran and Sunnah. Their practical applications may differ slightly when dealing with practical
details. However, even these differences of interpretation cannot stand alone without the
seal of approval from the Quran and Sunnah. The same goes for the School of “Ahl-eHadith” that have existed since the beginning of Islam but without associating itself with any
defined “Leader” as it were.
Finally, the School of Fiqh Ja’faria is just as important that derives its rulings from the holy
Quran and the Sunnah of the Prophet Muhammad including the “Ahlul Bayat”. Its followers
cover about 10% of the Muslim world population.
Lastly, we must remember, the Islamic Jurisprudence will continue to face challenges that
would demand solutions to new issues for as long as human civilisations continue to develop
and progress creating diverse needs in new environments. No other religion except Islam
possesses not only the power, wisdom and capacity to face such challenges but also offers
solutions in a most satisfactory manner. This is how Islamic Sharia marches with time and
space and will continue to do so for all the time to come.
F.H. Shakir
Email:
[email protected]
28 September, 1999