The Evolution of Fiqh(5.6 THE THAWREE MADHAB)

The founder: Imaam ath-thawree (719-777 CE)

Imaam Sufyaan ath-Thawree was born in Kufah in the year

719 CE, and after an extensive study of Hadeeth and Fiqh became

the main Fiqh scholar of the Hadeeth school in Kufah. He held

similar views to those of his contemporary, Abu Haneefah, however

he opposed the latter’s use of Qiyaas and Istihsaan.

There occurred between Imaam Sufyaan and officials of the

‘Abbaasid state a series of confrontations due to his outspoken
 nature and his refusal to support state policies which 
contradicted the Sharee’ah. 

 Caliph al-Mansoor (rule 759-744 CE) Sent a letter to

Imaam ath-Thawree requesting him to accept the post of 
Qaadee of Kufah on condition that he not make any judgement 
or ruling in opposition to the state policy. 

 On receipt of the letter, Sufyaan tore it

up and threw it into the Tigris river in disgust, but, as a result, he was

forced to give up his teaching and flee for his life. He remained in

hiding until he died in the year 777 CE.
 

Reasons For The Madh-hab’s Disappearance

The two main factors are as follows:

(a) The Imaam spent the greater part of his life in hiding and thus

was unable to attract a large number of students who might

subsequently spread his opinions in the circles of learning.

(b) Although he did carry out some fairly extensive compilation of

Hadeeths and their interpretations, he requested in his will that

his main student, ‘Ammaar ibn Sayf, erase all his writings and

burn whatever could not be erased. ‘Ammaar dutifully destroyed

his teacher’s writings, but many of the Imaam’s ideas were

recorded by students of other Imaas, so they have survived till

today but not in an organized form.al-MaMadkhal, pp. 206-7.