Based on 'The Evolution of Fiqh', Dr. Abū Amīnah Bilāl Philips, 3rd Edition, International Islamic Publishing House.
In the preface to the second edition, Dr.Abū Amīnah writes:
"...The overall purpose of this book is to acquaint the reader with the historical factors behind the formulation of Islamic law (FiqhC1), in order that he or she may better understand how and why the various schools of Islamic law (Madh-habs)1 came about. It is hoped that this understanding will in turn, provide a basis for overcoming the petty differences and divisions which occur when present-day followers of different schools [or] people without definite schools try to work together. [...]
The pressing need for this book can easily be seen in the dilemma of convert Muslims. In the course of being educated in the basic laws of Islaam, a convert Muslim is gradually presented with a body of laws based on one of the four canonical schools. At the same time he may be informed that there are three other canonical schools, and that all four schools are divinely ordained and infallible.
At first this presents no problem for the convert Muslim, since he merely follows the laws presented by his particular teacher, who of course follows one particular Madh-hab. When however, the new Muslim convert establishes contact with other Muslims from various parts of the Islamic world, he invariably becomes aware of certain differences in some of the Islamic laws as taught by one of another of the Madh-habs. His teacher, a Muslim born into the faith, will no doubt assure him that all four Madh-habs are correct in themselves and that so long as he follows one of them he is on the right path.
However, some of the differences from one school to another are perplexing for the new Muslim convert. For example, common sense tells him that one cannot be in a state of Wudū'2 while being out of it at the same time. But according to one Madh-hab, certain acts break Wudoo, while according to another Madh-hab those same acts do not. How can a given act be both allowable (Halāl) and forbidden (Harām) at the same time. This contradiction has also become apparent to thinking Muslims, young and old, who are concerned about the prevailing stagnation and decline in the Muslim world and who are advocating the revival of Islām in its original purity and unity.
Faced with several unresolved contradictions, some Muslims have chosen to reject the Madh-habs and their rulings, claiming that they will be guided only by the Qur’ān and the Sunnah4. Others take the position that despite these contradictions the Madh-habs are divinely ordained and therefore one need only [choose] one of them and follow it without question. Both of these outcomes are undesirable. The latter perpetuates that sectarianism which split the ranks of Muslims in the past and which continues to do so today. The former position of rejecting the Madh-habs in their entirety, and consequently the Fiqh of earlier generations, leads inevitably to extremism and deviation when those who rely exclusively on the Qur’ān and the Sunnah attempt to apply Sharī’ah law to new situations which were not specifically ruled on in eitheir the Qur’ān or the Sunnah.
Clearly, both of these outcomes are serious threats to the solidarity and purity of Islām. As the prophet ( صلى الله عليه وسلم) stated, “The best generation is my generation and then those who follow them”5. If we accept the divinely inspired wisdom of the Prophet ( صلى الله عليه وسلم), it follows that the farther we go from the Prophet ( صلى الله عليه وسلم) generation, the less likely we are to be able it interpret correctly and apply the real intentions implied in the Qur’ān and the Sunnah.
An equally obvious deduction is the fact that the rulings of older scholars of note are more likely to represent the true intentions deducible from the Qur’ān and the Sunnah. These older rulings – the basis of Fiqh - are therefore important links and guidelines which cannot wisely be ignored in out study and continued application of Allaah’s laws. It stands to reason that out knowledge and correct application of these laws depend upon a sound knowledge of the evolution of Fiqh over the ages. Similarly, a study of this development automatically embraces a study of the evolution of the Madh-habs and their important contributions to Fiqh, as well as the reasons for apparent contradictions in some of their rulings.
Armed with this background knowledge, the thinking Muslim, be he new convert of born into the faith, will be in a position to understand the source of those perplexing contradictions armed with this background knowledge, the thinking Muslim, be he new convert of born into the faith, will be in a position to understand the source of those perplexing contradictions and to place them in their new proper perspective.
Hopefully, he will then join the ranks of those who would work actively for the re establishment of unity (Tawhīd), not only as the mainspring of our belief in Allah, but also in relation to the Madh-habs and to the practical application of the laws which underlie and shape the way of life known as Islām..." - End Quote
In chapter 5 , Dr.Abu Amīnah examines the madh-āhib "...chronologically with respect to their founders, formation and fundamental principles..." They are the following madhāhib:
The Hanafī Madh-hab
Awzā‘ī Madh-hab
The Mālikī Madh-hab
The Zaydī Madh-hab
The Laythī Madh-hab
The Thawrī Madh-hab
The Shāfi‘ī Madh-hab
The Hanbalī Madh-hab
The Dhāhirī Madh-hab
The Jarīrī Madh-hab
This is then followed by a summary section.
And Allāh Knows Best
...................
Note: (1)Some formatting alterations have been made to the original, (2)C = 'Caplets' additions from e.g. other parts of book, other sources, Caplets.
C1 Dr.Bilāl states:1. Sharī’ah is the body of revealed laws found both in the Qur’ān and in the Sunnah, while Fiqh is a body of laws deduced from Sharī’ah to cover specific situations not directly treated in Sharī’ah law. 2. Sharī’ah ’ah is fixed and unchangeable, whereas Fiqh changes according to the circumstances under which it is applied. 3. The laws of Sharī’ah ’ah are, for the most part, general: they lay down basic principles. In contrast, the laws of Fiqh tend to be specific: they demonstrate how the basic principles of Sharī’ah should be applied in given circumstances.
Note
1. In this book on the evolution of Fiqh the term “Islamic Law” will be used to mean the laws of Sharee’ah and the laws of Fiqh combined. The terms Fiqh or Laws of Fiqh and Sharī’ah or Law of Sharī’ah will be used where a distinction seems necessary. - End Quote
1 Madh-hab is derived from the verb Dhahaba which means to go. Madh-
hab literally means a way of going or simply a path. The position of an
outstanding scholar on a particular point was also referred to as his Madh-
hab (the path of his ideas or his opinion). Eventually, it was used to refer to
the sum total of a scholar’s opinions, whether legal or philosophical. Later it
was used to denote, not only the scholar’s opinion, but also that of his
students and followers. 2 Usually translated as ablution it refers to a ritual state of purity stipulated
as a precondition for certain acts of worship. 4 The way of life of the Prophet (sw.). His sayings, actions and silent
approvals which were of legislative value. As a body they represent the
second most important source of Islamic law. 5 Narrated by ‘Imraān ibn Husain and collected by al-Bukhārī (Muhammed Muhsin Khan, Sahih Al-Bukhari, (Arabic-English), (Madeenah: Islamic University, 2nd ed., 1976), vol.5,p.2, no.3.
Re: The Evolution of Fiqh - History of The Madhāhib
Assalam o Alaikum rahamutullahi barakuthu.
While i am not against the 4 madhab, i do respect the great imams. But I don't follow any of them, nor i do put taqleed in any scholar.
I only follow Prophet Peace be upon him. nothing else, I am no blind follower of anyone, whether political leader or religious leader. the best leader among mankind is Prophet peace be upon him.. His message is always infalliable and will remain til Last Day.
I hope that all Muslims will also follow him peace be upon him, in sha Allah...
Quran and Sunnah is always succuesful path. I am thankful to Allah that I became naturally inclined to it, and will never seek other path ever.
I hope that Allah will also guide all of us to His path.
Let us spread Quran and Sunnah with love and mercy. If not, there would be troubles.
Spread with love and mercy for sake of Allah......
Re: The Evolution of Fiqh - History of The Madhāhib
There is no opposition between the accepted madhâhib and the Qur'ân and Sunna. It is an error to postulate a fundamental division between the revelation of Allâh Ta'âla, and how it was implemented by our Beloved Prophet (s.a.w.), and the corpus of knowledge that has been compiled and systematized by our pious predecessors over the centuries. Now, let me be clear on this: the madhâhib are not divinely ordained. They are not the divine revelation in themselves, they merely interpret the revelation for the benefit of the Umma at large.
For the vast majority of lay Muslims, following a madhhâb is the most straightforward and the safest way to learn their religion. However, they must do so with humility and intelligence, avoiding the spirit of sectarianism and intolerance. All madhâhib are valid interpretations of the Qur'ân and Sunna and the lay Muslim must understand that the differences of opinion in jurisprudence are not matters of unbelief. Rather, they matters where there is legitimately more than one possible answer. And that's fine: unity in essentials, liberty in non-essentials. For those very few Muslims who are advanced students of knowledge and who have mastered the religious sciences, they can weigh and evaluate the evidence for themselves regarding any particular issue of fiqh.
Re: The Evolution of Fiqh - History of The Madhāhib
Assalam o alaikum rahmatullahi wa Barakatuhu
Like I said I am not against the 4 madhab. Rather what I am against is blind following, it is not obligatory for muslims to follow any madhab.
Even the 4 great imams said dont follow them blindly
if there is an authentic hadith that is stronger than their opinion. It is better to follow that instead.
Islam is simple and forgiving religion. I dont think it is difficult to seek religious knowledge, maybe some muslims do. But in that case they can follow any of these madhab but they shouldn't be blind follower.
Alhamdulillah we have internet. There are good websites and YouTube channels to learn islam independently.
Re: The Evolution of Fiqh - History of The Madhāhib
Assalam O Alaikum Wa Rahmatullahi Wa Barakatuh,
You are doing the right thing. They will realize this one day hopefully. When converts can learn the religion in few years, born Muslims literally have no excuse. Arabic language in one of the easiest, it hardly takes more than 6 months to learn Quranic language but it needs dedication and sincerity. Those who never attempt, will always think its hard.
Four madhabs
Assalamualaikum, The four madhabs are great scholars of Islam. May Allah reward them for their dedication in helping the Islamic world. I was born a Mu...
Re: The Evolution of Fiqh - History of The Madhāhib
Assalam o Alaikum Rahamutullahi Barautuhku.
My dear brother, there is no need to go too extreme in forcing people to follow your madhab. It is not obligatory to follow madhab. You just need to know that the 4 imams told us to not follow them blindly, and that if there are hadith which is stronger than their opinion, follow that. It is very bad to go extreme. we should spread with peace and not force anyone.
Re: The Evolution of Fiqh - History of The Madhāhib
The Madh-āhib - Schools of Islāmic Legal Thought
The early period of the Umayyad dynasty saw the division of Fiqh scholars into two main Madh-habs with respect to Ijtihād: Ahl ar-Ra’i and Ahl al-Hadīth.
These two Madh-habs evolved into a number of new Madh-habs during the shift from Caliphate to monarchy when the Caliph/King was no longer the head of the Madh-hab. Since scholars and their students were dispersed throughout the Umayyad state, their personal Ijtihād increased in order to solve local issues. It should be noted, however, that during both the period of the Umayyads and that of the early ‘Abbaasids, students of Fiqh freely and frequently changed teachers and exchanged legal
opinions. In effect, therefore, the flexibility of the previous was maintained.
[...] During the latter part of the ‘Abbaasid dynasty, Fiqh was formalized and systematized. The number of Madh-habs decreased and the differences between them became emphasized due to the state’s preference for some Madh-habs over others and the rise of inter Madh-habs rivalry promoted by court debates. And after the destruction of the ‘Abbaasid Caliphate and the decline of Ijtihād culminating in its disappearance, the number of Madh-habs decreased to four which evolved into completely distinct and often times antagonistic entities.
The differences between them became insurmountable in the minds of their adherents and Madh-hab fanaticism and sectarianism was rife. Since the applicability of Sharī’ah to all times and places depended largely upon the principle of Ijtihād, the loss of this vital principle spelled the inevitable stagnation and decline of Fiqh.[...]
The Hanafī Madh-hab
The founder: Imām Abū Hanīfah (703-767 CE)
This Madh-hab is named after its founding scholar, Abū Hanīfah, whose actual name was Nu’mān ibn Thābit. He was born in the year 702 CE. Kūfah, (Irāq). His father was a silk merchant of Persian origin, who accepted Islām during the reign of the Khulafā Rāshidūn (the rightly guided Khulafā').
Abū Hanīfah began his earlier studies in the field of philosophy and dialectics known as ‘Ilm al-Kalām, but after mastering its various disciplines, he left it and went into an indepth study of Fiqh and Hadīth. He chose as his main teacher, Hammād ibn Zayd, who was among the greatest scholars of Hadīth of his time. Abū Hanīfah studied under him for eighteen years. During this time he became qualified to teach, but instead remained Hammād’s student until the latter died in the year 742 CE.
After Hammād’s death Abū Hanīfah took up the position of teacher at the age of forty and became the most outstanding scholar in Kūfah. As such, he appeared to be a valuable prize to the Umayyad caliphs of that time. They offered him the position of Qādī (judge) of Kūfah, but he refused the post in spite of being physically beaten for his refusal by the Amīr of Kūfah, Yazīd ibn ‘Umar. Similarly, during the rule of the ‘Abbaasids, he also refused royal appointment, and was consequently imprisoned in Baghdad by the Caliph Abū Ja’far al-Mansūr (754-775 CE). He remained imprisoned until his death in 767 CE. Abū Hanīfah was considered among the minor Tābi’ūn (students of the Sahābah), because he had met a few of the Sahābah and had related some Hadīths from them128
Formation of the Hanafī Madh-hab
Imām Abū Hanīfah base[d] his teaching method on the principle of Shūrah (group discussion). He would present a legal problem to his students for debate and discussion and tell them to record its solution whenever they arrived at a unified position. Because of this interactive approach to making legal rulings, we could say that the Hanafī Madh-hab was as much a product of Abū Hanīfah’s students’ efforts as it was a product of his own efforts.
They would also debate on hypothetical problems and work out solutions, based on the principle of preparing for a problem before its occurrence. Because of their leaning towards hypothetical Fiqh which often introduced an issue with the question, “what if so and so happened?”, they became known as the what-iffers or Ahl ar-Ra’i
(the opinion people).
Sources of Law used by the Hanafī Madh-hab
The early jurists of this Madh-hab deduced Islamic laws from the following sources, which are listed in the order of their importance:
1. The Qur’ān
They considered the Qur’ān to be the primary unquestionable source of Islamic law. In fact it was used to determine the accuracy of the other sources. Accordingly any other source that contradicted the Qur’ān was considered inaccurate.
2. The Sunnah
The Sunnah was consulted as the second most important source of Islamic law, but with some qualification as to its use. They stipulated that it was not suffcient that a Hadīth be accurate (Sahīh), but it had to be also widely known (Mash-hūr), if it was to be used as a legal proof. This condition was laid down as a safeguard against false Hadīth which were cropping up frequently in that region where only a few notable Sahābah had settled (‘Alī and Ibn Mas’ūd).
3. Ijmā’ of the Sahābah
Third in importance as a source of Islamic law was the unanimous opinion of the Sahābah on any point of law not specified in the Qur’ān or the Sunnah. That is, Ijmā’ of the Sahābah on any point of law not specified in the Qur’ān or the
Sunnah. That is, Ijmā’ of the Sahābah was given precedence over the personal opinions of Abū Hanīfah and his students in their deduction of Islamic law. The Hanafī Madh-hab also recognized the Ijmā’ of Muslim scholars in any age as valid and
binding on Muslims.
4. Individual opinion of the Sahābah
If there were different opinions among the Sahābah on a particular point of law and no Ijmā’ was subsequently formed, Abū Hanīfah would choose the opinion which appeared most appropriate to the case in question. In establishing this as a vital principle of his Madh-hab, Abū Hanīfah again gave more weight to the opinions of the Sahābah than to his own.129 However, he did apply his own reasoning in a limited sense by choosing one of their various opinions.
5. Qiyās (Analogical deduction)
Abū Hanīfah felt no obligation to accept the deductions of the students of the Sahābah (Tābi’ūn) in areas where no clear proof was available from any of the above mentioned sources. He considered himself the equal of the Tābi’ūn and would make his own Ijtihād based on the principles of Qiyās which he and his students established.
6. Istihsān (Preference) Istihsān, in short, is the preference of one proof over another proof because it appears more suitable, even though the preferred proof may be technically weaker than the one it is preferred to. This may involve the preference of a Hadīth which is specific over a general one, or it may even involve the preference of a more suitable law over the one deduced by Qiyās.
7. ‘Urf (Local Custom)
Local customs were given legal weight in areas where there were no binding Islamic customs available. It was through the application of this principle that various customs found in the multiplicity of cultures within the Islamic world entered the legal system and became mistakenly classified as Islamic.130
Main students of the Hanafī Madh-hab
The most famous of Abū Hanīfah’s students were Zufar ibn al-Hudhayl, Abū Yūsuf and Muhammad ibn al-Hasan.
Zufar ibn al-Hudhayl (732-774 CE)
Zufar was one of those who followed Abū Hanīfah’s example and refused to accept appointment as Qādī even though many attractive offers were made to him. He preferred to teach, which he did until he died at the early age of 42 in Basrah.
Abū Yūsuf Ya’qūb ibn Ibrāhīm (735-795 CE)
Abū Yūsuf was born into a poor family in Kūfah. He studied Hadīth extensively until he became a noteworthy Hadīth scholar then studied Fiqh in Kūfah for nine years under Imām Ibn Abī Lailā (died 765 CE) whose father was a famous Sahābī from Madīnah. Abū Yūsuf later studied under Abū Hanīfah for nine years, and when Abū Hanīfah died, he went to Madīnah and studied for a short period under Imām Mālik.
Abū Yūsuf was appointed chief judge of the state by the ‘Abbaasid caliphs, al-Mahdī (775-785 CE), al-Hādī (785-786 CE) and Harūn ar-Rashīd (786-809 CE). In his capacity as chief judge, he used to appoint judges for the various cities and all his appointees were followers of the Hanafī Madh-hab. Thus, he was instrumental in the spread of this school of thought throughout the Muslim empire.131
Muhammad ibn al-Hasan, ash-Shaybānī (749-805 CE)
Imām Muhammad was born in Wāsit, but grew up in Kūfah. Like Abū Yūsuf, his early studies were also in Hadīth. He studied briefly under Abū Yūsuf and later travelled to Madīnah where he studied under Imām Mālik for three years. During this period he became one of the main narrators of Mālik’s Hadīth book al-Muwatta’ Imām Shāfi’ī was among the many scholars who later studied uner Muhammad ibn al-Hasan in Baghdad. Muhammad ibn al-Hasan also accepted appointment as Qādī during the reign of Caliph Haroon ar-Rashīd, but soon gave it up because of the many compromises which it demanded, and returned to his teaching post in Baghdad.
Followers of the Hanafī Madh-hab
Those who now follow the Hanafī Madh-hab are found mostly in India, Afghanistan, Pakistan, Iraq, Syria, Turkey, Guyana, Trinidad, and Surinam and to some extent Egypt. When the ottoman rulers codified Islamic law according to the Hanafī Madh-hab in
the nineteenth century CE and made it state law, any scholar who aspired to be a judge was obliged to learn it. As a result, the Madh-hab spread throughout the Ottoman Islamic State during the last part of the nineteenth century.
-------------- 129 Muhammad Yūsuf Mūsā, Tārīkh al-Fiqh al-Islāmī, (Cairo: Dār
al-Kitāb al-Arabī, 1955), vol. 3, p. 62. 130al-Madkhal, pp. 175-186. 131 Walīallāh ad-Dahlawī, al-Insāf fee Bayān Asbāb al-Ikhtilāf,
(Beirut, Lebanon: Dār an-Nafāis, 2nd ed. 1978), p. 39.
Re: The Evolution of Fiqh - History of The Madhāhib
The Awzā'ī Madh-hab
The founder: Imām al-Awzā'ī (708-774 CE)
This Madh-hab is named after the Syrian scholar ‘Abdur-Rahmān ibn al-Awzā'ī who was born in Ba’labek in the year 708 CE. He became known as one of the major scholars of Hadīth of the eighth century CE and was opposed to the excessive use of Qiyās and other forms of reasoning in cases where clear texts from the Qur’ān and or Sunnah were available. Imām al-Awzā'ī spent most of his life in Beirut, eventually dying there in the year 774 CE, but his Madh-hab became widespread in Syria, Jordan, Palestine and Lebanon as well as in Spain.
Reasons For The Madh-hab’s Disappearance
His Madh-hab remained the main school of thought in Syria until the tenth century CE, when Abu Zar’ah Muhammad ibn ‘Uthmān of the Shāfi’ī Madh-hab was appointed [judge] of Damascus. Abu Zar’ah began the practice of giving a prize of one hundred dinars to any student who memorized the book, Mukhtasr al-Muzanī, (a basic book of Shāfi’ī Fiqh). Naturally, this practice caused the Shāfi’ī Madh-hab to spread rapidly in Syria and the number of al-Awzā'ī’s followers continued to dwindle until
the eleventh century when none were to be found.132 However, his contributions to the science of Fiqh were recorded and remain to this day in most of the books of comparative Fiqh.
--------------- 132al-Madkhal, p. 205-6. See also ‘Abdullāh Muhammad al-Jabūrī, Fiqh al-Imām al-Awzā’ī, (Irāq: Matba’ah al-Irshaad, 1977).
Re: The Evolution of Fiqh - History of The Madhāhib
The remaining four will soon disappear just as other madhabs disappeared and inshallah only madhab which will remain is the madhab of Prphet Muhammad (peace be upon him).
Re: The Evolution of Fiqh - History of The Madhāhib
format_quote Originally Posted by Caplets
Sources of Law used by the Hanafī Madh-hab
The early jurists of this Madh-hab deduced Islamic laws from the following sources, which are listed in the order of their importance:
1. The Qur’ān
They considered the Qur’ān to be the primary unquestionable source of Islamic law. In fact it was used to determine the accuracy of the other sources. Accordingly any other source that contradicted the Qur’ān was considered inaccurate.
2. The Sunnah
The Sunnah was consulted as the second most important source of Islamic law, but with some qualification as to its use. They stipulated that it was not suffcient that a Hadīth be accurate (Sahīh), but it had to be also widely known (Mash-hūr), if it was to be used as a legal proof. This condition was laid down as a safeguard against false Hadīth which were cropping up frequently in that region where only a few notable Sahābah had settled (‘Alī and Ibn Mas’ūd).
3. Ijmā’ of the Sahābah
Third in importance as a source of Islamic law was the unanimous opinion of the Sahābah on any point of law not specified in the Qur’ān or the Sunnah. That is, Ijmā’ of the Sahābah on any point of law not specified in the Qur’ān or the
Sunnah. That is, Ijmā’ of the Sahābah was given precedence over the personal opinions of Abū Hanīfah and his students in their deduction of Islamic law. The Hanafī Madh-hab also recognized the Ijmā’ of Muslim scholars in any age as valid and
binding on Muslims.
4. Individual opinion of the Sahābah
If there were different opinions among the Sahābah on a particular point of law and no Ijmā’ was subsequently formed, Abū Hanīfah would choose the opinion which appeared most appropriate to the case in question. In establishing this as a vital principle of his Madh-hab, Abū Hanīfah again gave more weight to the opinions of the Sahābah than to his own.129 However, he did apply his own reasoning in a limited sense by choosing one of their various opinions.
5. Qiyās (Analogical deduction)
Abū Hanīfah felt no obligation to accept the deductions of the students of the Sahābah (Tābi’ūn) in areas where no clear proof was available from any of the above mentioned sources. He considered himself the equal of the Tābi’ūn and would make his own Ijtihād based on the principles of Qiyās which he and his students established.
6. Istihsān (Preference) Istihsān, in short, is the preference of one proof over another proof because it appears more suitable, even though the preferred proof may be technically weaker than the one it is preferred to. This may involve the preference of a Hadīth which is specific over a general one, or it may even involve the preference of a more suitable law over the one deduced by Qiyās.
7. ‘Urf (Local Custom)
Local customs were given legal weight in areas where there were no binding Islamic customs available. It was through the application of this principle that various customs found in the multiplicity of cultures within the Islamic world entered the legal system and became mistakenly classified as Islamic.130
This is very important for the followers of Hanafi Madhab to know. Quran and Sunnah are the "main unquestionable sources of law." Yet, I have seen the followers of Hanafi madhab reject anything from Quran and Sunnah which goes against their ruling, thus they deny the very foundation of Hanafi asool al-fiq.
Re: The Evolution of Fiqh - History of The Madhāhib
Assalam o alaikum rahamutullahi barakuthu.
how did you know that they are going to disappear? it is Allah who knows, and whatever He wills, happens. I feel like this is matter of the Unseen which is known by Allah only. Though, the madhab of Prophet peace be upon him will remain forever. His message remains infalliable. Glory be to Allah the Glorious, Who protected the Holy Qur'an..
Re: The Evolution of Fiqh - History of The Madhāhib
format_quote Originally Posted by Caplets
When the ottoman rulers codified Islamic law according to the Hanafī Madh-hab in the nineteenth century CE and made it state law, any scholar who aspired to be a judge was obliged to learn it. As a result, the Madh-hab spread throughout the Ottoman Islamic State during the last part of the nineteenth century.
And don't forget Hanafi was also official madhab for most of Kings during Abbasid's rule. They oppressed and prisoned the followers of all other madhabs to make sure Hanafi madhab remain the main madhab of the Islamic state. Madinah governor during Abbasid Caliphate arrested and flogged Imam Malik publicly for issuing a Fatwa against ruling Caliph Mansur( probably King is more appropriate word, as true caliphs were just Khulfa Rashidoon and Umar bin abdual Aziz).
King Mansur is the same guy who imprisoned Imam Abu Hanifa because he refused to take the post of chief Qadi. Sadly his own students took that post after the death of Imam Abu Hanifa and issued fatwas which supported the view of Abbasid kings.
In one of my previous post I mentioned that Hanafi's are of the opinion that if someone forces you to divorce your wife then this divorce is valid. This was not the view of Imam Abu Hanifa but that's one of the disadvantage of being on the pay role of Kings. Those who accepted the position of Qazi now had to issue fatwas to please the king so this world. Such was the case for divorce by force, Qazi of Abbasid kings issued a fatwa that divorce is valid even if someone forces you to give divorce to your wife.
Whenever Abbasid kings liked someone who was married, they would force her husband to divorce her and then use this fatwa to legitimize the divorce. That's the history normally Muslims avoid to discuss...
Re: The Evolution of Fiqh - History of The Madhāhib
Assalam o alaikum rahmatullahi wa Barakatuhu
What about the people who made 4 madhab obligatory and calls these who dont follow them apostate? I read this on one of course module by islamic online university.
Re: The Evolution of Fiqh - History of The Madhāhib
format_quote Originally Posted by taha_
Assalam o alaikum rahamutullahi barakuthu.
how did you know that they are going to disappear? it is Allah who knows, and whatever He wills, happens. I feel like this is matter of the Unseen which is known by Allah only. Though, the madhab of Prophet peace be upon him will remain forever. His message remains infalliable. Glory be to Allah the Glorious, Who protected the Holy Qur'an..
jazakAllah khair
Was Prophet Muhammad (peace be upon him) Hanafi or Maliki, or Shafi? No He was not.
Which madhab Imam Mehdi will follow? Most likely whatever Prophet Muhammad (peace be upon him) preached and it was neither Hanafi, nor Maliki or Shafi or Hambali.
I believe that Islam will be revived to its original message when Imam Mehdi and Jesus (peace be upon him) will come and they will get rid of all madhabs.
And Allah knows the best!
Re: The Evolution of Fiqh - History of The Madhāhib
Assalam o Alaikum rahamutullahi barakuthu.
Hmmmm, I was not saying that I support the madhabs. I was saying that how did you know.. Anyways I know the infalliable madhab is Prophet's madhab, that's the Quran and Sunnah... In sha Allah, it will remain forever til Last Day.
Re: The Evolution of Fiqh - History of The Madhāhib
format_quote Originally Posted by taha_
Assalam o alaikum rahmatullahi wa Barakatuhu
What about the people who made 4 madhab obligatory and calls these who dont follow them apostate? I read this on one of course module by islamic online university.
JazakAllah khair
There is no proof from Quran and sunnah that following a madhab is obligatory. Only Imam mentioned in the Hadith is Imam Mahdi and all signs of Imam Mahdi are given. If following Imam Abu Hanifa, Imam Malik or Imam Shafi was obligatory, we would expect to have some hadiths and some signs of these Imams but there is none.
In fact the opposite is what we can prove from Quran and Sunnah and from the sayings of these Imams. Following Prophet Muhammad (peace be upon him) and all Imams said if you find an authentic hadith which is against my ruling then that hadith is my madhab.
Only reason we say that one can follow a particular madhab is because sometimes it is easy for a common person to stick to one madhab due to their little knowledge of Islam. But when a proof is presented to them from Quran and Sunnah which goes against the ruling of any madhab, then these common men/women have no excuse to follow a madhab blindly. So yes for the most part they can follow any madhab if this makes it easy for them to practice Islam. But when someone gives them an evidence from Quran and Sunnah then they should take this evidence seriously.
Re: The Evolution of Fiqh - History of The Madhāhib
format_quote Originally Posted by HabibUrrehman
There is no proof from Quran and sunnah that following a madhab is obligatory. Only Imam mentioned in the Hadith is Imam Mahdi and all signs of Imam Mahdi are given. If following Imam Abu Hanifa, Imam Malik or Imam Shafi was obligatory, we would expect to have some hadiths and some signs of these Imams but there is none.
In fact the opposite is what we can prove from Quran and Sunnah and from the sayings of these Imams. Following Prophet Muhammad (peace be upon him) and all Imams said if you find an authentic hadith which is against my ruling then that hadith is my madhab.
Only reason we say that one can follow a particular madhab is because sometimes it is easy for a common person to stick to one madhab due to their little knowledge of Islam. But when a proof is presented to them from Quran and Sunnah which goes against the ruling of any madhab, then these common men/women have no excuse to follow a madhab blindly. So yes for the most part they can follow any madhab if this makes it easy for them to practice Islam. But when someone gives them an evidence from Quran and Sunnah then they should take this evidence seriously.
Assalam o Alaikum Rahamutullahi barakuthu
I already know that it is not obligatory to follow. For now, lets focus on Quran and Sunnah. I don't want to waste time talking about madhab, when there's so much time to do more good acts.
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