The Evolution of Fiqh(7. THE FIFTH STAGE : CONSOLIDATION)

This stage covers the period between the year 950 CE and

the sacking of Baghdad (1259 CE) and represents the decline of the

‘Abbaasid dynasty until its eventual collapse. Competitive debates

called MunaadHaraat continued to flourish under the patronage of

the ‘Abbaasid caliphs and some of these debates were actually

recorded in books. 
In time, the spirit of rivalry largely generated by

these debates spread to the masses, and Madh-hab factionalism

became widespread. There was a drastic reduction in the number of

Madh-habs, and the structure and operatin of the four that survived

became highly systematized. Scholars within a Madh-hab were

obliged to base their Ijtihaads solely on the fundamental principles

(Usool) of their particular Madh-hab. 
During this period the compilation of Fiqh was further 
fomalized and used to further Madhhab rivalry.

 

During this stage, the number of major Madh-habs (schools

of Islamic law) dwindled to four; three major and one minor. In order

words , the Madh-habs of great Imaams like al-Awzaa’ee, Sufyaan

ath-Thawree, Ibn Abee Laylaa, Abu Thawr and al-Layth ibn Sa’d

had all disappeared leaving only the Madh-habs of Abu Haneefah,

Maalik, ash-Shaafi’ee and Ahmad ibn Hambal. In time, these schools

of Islamic legal thought became so predominant that the common

people soon forgot that any other schools, even existed. Each of

these schools soon took on a dynamism of its own and their

followers started the practice of naming themselves after their

respective Madh-habs. For example, al-Husayn ibn Mas’oud al-

Baghawee, author of the Fiqh classic, Sharh as-Sunnah, was

Shaafi’ee after the Shaafi’ee Madh-hab.

During this stage the scholars of each Madh-hab analysed all

the rulings of their Madh-habs’ founding scholars, deduced the

fundamental principles behind their rulings and codified them. They

also made limited Ijtihaads on issues which the founders had not

come across. However, this area soon became exhausted due to the

widespread use of hypothetical Fiqh, in and outside of court debates.

Ultimately independent Ijtihaad was discarded in favor of Ijtihaad

based upon the established principles of a particular Madh-hab.

Ijtihaad Madh-habee, as this new form of reasoning came to be

known, was based on the deduction of laws for new issues according

to the scholars of this period sometimes differed with the founders of

their Madh-habs with respect to the Furoo’ (secondary principles),

but rarely with regard to the Usool (fundamental principles).

The scholars of the Madh-habs also made use of the

principle of Tarjeeh which involved the favoring of certain opinions

held by scholars within a given Madh-hab over other opinions of that

Madh-hab on the same topic: Difference of opinion on one issue

within a school had arisen when the founding scholars, as well as

their students, changed their earlier opinions. Both versions (the

previous and the altered) were recorded and passed on to later

generations as different opinions of the Madh-hab. Differences of

opinion had also arised from differen interpretations of statements

made by earlier scholars of the Madh-hab. 
 In each Madh-hab, the scholars during this period 
of consolidation sifted out weak and fabricated
 statements which had been attributed to the founders of

their respective Madh-hab. They also classified the narrations of

opinions of the founders according to their accuracy. This process of

authentication and classification was referred to as Tas-heeh.

This detailed systematic treatment of Fiqh within each of the

Madh-habs greatly facilitated the process of arriving at legal rulings

within a Madh-hab. However, as in the case of the systematic

treatment of the sources of Islamic law in the previous stage, the very

fine distinctions elaborated on by the scholars of this period further

contributed to Madh-hab factionalism.

 

During this segment of the ‘Abbaasid rule, a format for

writing Fiqh books evolved. This format became a standard, which

has remained in practice until today. The various issues were

grouped under main headings and the main headings under chapters,

each of which represented a major topic from Sharee’ah. Even thr

door of the chapters became standardised. 
The authors would begin with the four pillars after 
Eemaan (faith), since Eemaan was dealt

with in books of Islamic theology. After treating the laws and issues

concerning Tahaarah (hygiene) and Salaah (prayer), Sawm (fasting),

Zakaah (poor tax) and Hajj (pilgrimage), they would proceed on to

Nikaah (marriage) and Talaaq (divorce), then Bay’ (business

transactions) and then Aadaab (etiquette). In dealing with any of

these issues, and author from any one Madh-hab would mention the

different proofs used by all of the Madh-hab’s position, while

refuting the arguments of the other Madh-habs.

 

1. The majority of the Madh-habs, which flourished during the

earlier periods, disappeared and only four remained.

2. The Madh-habs reached their final form of systemization and

organization.

3. Ijtihaad beyond the structure of the Madh-hab was dropped and

Ijtihaad Madh-habee took its place.

4. Comparative Fiqh arose, but was used essentially to advance

sectarian ideas.