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    The Evolution of Fiqh - History of The Madhāhib (OP)


    السلام عليكم


    The Evolution of Fiqh - History of The Madhāhib



    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 them5. 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.
    Last edited by Caplets; 1 Week Ago at 10:24 PM.
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    The Evolution of Fiqh - History of The Madhāhib

    “Your soul is just like your enemy; if it finds you serious, it will obey you. But if it finds you weak, it will take you as a prisoner.”

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    Re: The Evolution of Fiqh - History of The Madhāhib

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    The Mālikī Madh-hab



    The Founder: Imām Mālik (717-801 CE)

    The founding scholar of this Madh-hab, Mālik ibn Anas ibn ‘Āmir, was born in Madīnah in the year 717 CE. His grandfather, ‘Āamir, was among the major Sahābah of Madīnah. Mālik studied Hadīth under az-Zuhrī who was the greatest Hadīth scholar of his time as well as under the great Hadīth narrator, [Nāfi’], the freed slave of the Sahābī ‘Abdullāh ibn ‘Umar. Mālik’s only journeys outside of Madīnah were for Hajj, and thus he largely limited himself to the knowledge available in Madīnah.

    He was severely beaten in the year 764 CE by the order of the Amīr of Madīnah, because he made a legal ruling that forced divorce was invalid. This ruling opposed the ‘Abbaasid rulers’ practice of adding in the oath of allegiance given to them by the masses the clause that whoever broke the oath was automatically divorced. Mālik was tied and beaten until his arms became severely damaged to such a degree that he became unable to clasp them on his chest in Salāh and thus he began the practice of praying with his hands at his sides according to some reports.

    Imām Mālik continued to teach Hadīth in Madīnah over a period of forty years and he managed to compile a book containing Hadīths of the Prophet (s.w.) and Āthārs of the Sahābah and their successors which he named al-Muwatta’ (the Beaten Path). He began his compilation of Hadīths at the request of the ‘Abbaasid caliph, Abū Ja’far al-Mansūr, (754-775 CE) who wanted a comprehensive code of law based on the Prophet’s (صلى الله عليه وسلم ) Sunnah which could be applied uniformly throughout his realm.

    But, on its completion, Mālik refused to have it forced on the people pointing out that the
    Sahābah had scattered throughout the Islamic empire and had taken with them other parts of the Sunnah which also had to be considered in any laws imposed throughout the state. Caliph Hārūn ar-Rashīd (768-809 CE) also made the same request of the Imām, but he was also turned down. Imām Mālik died in the city of his birth
    in the year 801 CE at the venerable age of 83.133

    Formation of the Mālikee Madh-hab

    Imām Mālik’s method of teaching was based on the narration of Hadīths and the discussion of their meanings in the context of problems of that day. He would either narrate to his students Hadīths and Āthārs (statements of the Sahābah) on various topics of Islamic law then discuss their implications, or he would inquire about problems which had arisen in the areas from whence his students came, then narrate appropriate Hadīths or Āthārs which could be used to solve them.

    After Mālik completed al-Muwatta’, he used to narrate it to his students as the sum total of his Madh-hab, but would add or subtract from it slightly, whenever new information reached him. He used to strictly avoid speculation and hypothetical Fiqh and thus his school and its followers were reffered to as the people of Hadīth (Ahl al-Hadīth).


    Sources of Law Used by the Mālikī Madh-hab

    Imām Mālik deduced Islamic law from the following sources which are listed in the order of their importance.

    1. The Qur’ān

    Like all the other Imāms, Mālik considered the Qur’ān to be the primary source of Islamic law and utlized it without laying any pre-conditions for its applications.

    2. The Sunnah

    The Sunnah was used by Imām Mālik as the second most important source of Islamic law, but, like Abū Hanīfah, he put some restrictions on its use. If a Hadīth were contradicted by the customary practice of the Madeenites, he rejected it. He did
    not, however, insist that a Hadīth be Mash-hūr (well-known) before it could be applied as Abū Hanīfah did. Instead he used any Hadīth that was narrated to him as long as none of the narrators were known liars or extremely weak memorizers.

    3. ‘Amal (practices) of the Madeenites

    Imām Mālik reasoned that since many of the Madeenites were direct descendants of the Sahābah and Madīnah was where the Prophet (صلى الله عليه وسلم ) spent the last ten years of his life, practices common to all Madeenites must have been allowed, if not
    encouraged by the Prophet (صلى الله عليه وسلم ) himself. Thus, Imām Mālik regarded common Madeenite practices as a form of highly authentic Sunnah narrated in deeds rather than words.134

    4. Ijmā’ of the Sahābah

    Mālik like Abū Hanīfah considered the Ijmā’ of the Sahābah, as well as that of later scholars, as the third most important source of Islamic law.

    5. Individual Opinion of the Sahābah

    Imām Mālik gave full weight to the opinions of the Sahābah, whether they were conflicting or in agreement, and included them in his book of Hadīth, al-Muwatta’. However, the consensus of the Sahābah was given precedence over individual
    opinions of the Sahābah. Where there was no consensus, their individual opinions were given precedence over his own opinion.

    6. Qiyās

    Mālik used to apply his own deductive reasoning on matters not covered by the previously mentioned sources. However, he was very cautious about doing so because of the subectivity of such forms of reasoning.

    7. Customs of the Madeenites

    Imām Mālik also gave some weight to isolated practices found among a few people of Madīnah so long as they were not in contradiction to known Hadīths. He reasoned that such customs, though occurring only in isolated instances, must also have been handed down from earlier generations and sanctioned by the Sahābah or even the prophet (صلى الله عليه وسلم ) himself.

    8. Istislāh (Welfare)

    The principle of Istihsān developed by Abū Hanīfah was also applied by Mālik and his students except that they called it by the name Istislāh which means seeking that which is more suitable. It deals with things which are for human welfare but
    have not been specifically considered by the Sharī’ah.

    An exaple of Istislāh is found in Caliph ‘Alī’s ruling that a whole group of people who took part in a murder were guilty even though only one of the group had actually committed the act of murder. Another example is the right of a Muslim leader to
    collect taxes from the rich other than Zakāh if the interest of the state demands it, whereas in Sharī’ah only Zakāh has been specified.

    Imām Mālik also applied the principle of Istislāh to deduce laws more in keeping with needs which arose from current situations than those deduced by Qiyās.

    9. ‘Urf (Custom)

    Like Abū Hanīfah, Mālik considered the various customs and social havits of people throughout the Muslim world as possible sources of secondary laws as long as they did not contradict either the letter or the spirit of the Sharī’ah .135

    According to custom in Syria, for example, the word Dābbah means a horse, whereas its general meaning in Arabic is four legged animal. Hence, a contract made in Syria requiring payment in the form of a Dābbah would legally mean a horse
    whereas elsewhere in the Arab world it would have to be more clearly defined as a horse.

    Main students of the Mālikī Madh-hab

    The most notable of Mālik’s students who did not later form their own Madh-habs were al-Qāsim and Ibn Wahb.

    Abū ‘Abdur-Rahmān ibn al-Qāsim (745-813 CE)
    Al-Qāsim was born in Egypt but travelled to Madīnah where he studied under his teacher and mentor for a period of more than twenty years. He wrote an extensive book on the Fiqh of the Madh-hab, eclipsing even al-Muwatta’ of Mālik himself and called
    it al-Mudawwanah.

    Abu ‘Abdillaah ibn Wahb (742-819 CE)
    Ibn Wahb also travelled from Egypt to Madīnah in order to study under Imām Mālik. He distinguished himself in th deduction of laws to such a degree that Mālik gave him the title of al-Muftī, which means the official expounderof Islamic law.

    Ibn Wahb was offered an appointment as judge of Egypt, but turned it down in order to maintain his integrity as an independent scholar.136

    Mālik had other famous students from other madh-habs.
    Some of them modified their own Madh-habs based on what they learnt from Maalik, for example, Muhammad ash-Shaybānī who was among the foremost students of Abū Hanīfah. There were others who developed their own Madh-habs by combining Mālik’s
    teachings with that of others, for example Muhammad ibn Idrīs ash-Shāfi’ī who studied for many years under Imām Mālik as well as under Abū Hanīfah’s student Muhammad as-Shaybānī.

    Followers of the Mālikī Madh-hab

    Today, the followers of this Madh-hab are found mostly in Upper Egypt, Sudan, North Africa (Tunisia, Algeria and Morocco), West Africa (Mali, Nigeria, Chad, etc) and the Arabian Gulf states (Kuwait, Qatar, and Bahrain).

    The Evolution of Fiqh - History of The Madhāhib

    “Your soul is just like your enemy; if it finds you serious, it will obey you. But if it finds you weak, it will take you as a prisoner.”

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    Re: The Evolution of Fiqh - History of The Madhāhib

    Assalamu Alaikum Warahmatullahi Wabarakatuh

    In addition to my previous link that debunks anti madhabism, here's another one, together they provide irrefutable evidence:

    Combating The Cancer Of Sectarianism : The Muslims Are One Party

    Read all my posts in above link, especially the last few

    Combating The Cancer Of Sectarianism : The Muslims Are One Party
    السلام عليكم From the words of the Shaykh Hamood bin 'Uqalā' Ash-Shu'aybī (May Allāh Have Mercy On Him): '...Question: What do you – may Allāh saf...

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    Re: The Evolution of Fiqh - History of The Madhāhib

    The Zaydī Madh-hab



    The Founder: Imām Zayd (700-740 CE)

    This Madh-hab traces its origin to one of ‘Alī ibn Abī Tālib’s great grandsons through his son al-Husayn. Imām Zayd’s father, ‘Alī Zayn al-‘Āabidīn, was well known for his great legal knowledge and his narration of Hadīths. Born in al-Madīnah in the year 700 CE, Zayd ibn ‘Alī soon became one of the foremost scholars of the ‘Ālawī family. He narrated Hadīths from all of his relatives including his older brother, Muhammad al-Bāqir.137 Zayd expanded his knowledge by travelling to the other major centers of
    learning in Irāq, Kūfah, Basrah and Wāsit, where he sat and exchanged views with his contemporaries like Abū Hanīfah and Sufyān ath-Thawrī.

    The Umayyad caliph, Hishām ibn ‘Abdul-Mālik (reign 724-743 CE) never missed an opportunity to degrade and humiliate the ‘Alawī family and Zayd ibn ‘Alī was often singled out for abuse. He was not allowed to leave the city of Madīnah without the
    permission of its governor and his repuests for permission were often turned down repeatedly. Eventually, Zayd became the first of ‘Alī’s descendants to try to wrest the caliphate from the Umayyads after the catstrophe at Karbalā. He travelled secretly to Kūfah where he was joined by the Shi’ites of Irāq, Wāsit and other places, and made
    preparation to do battle with the Umayyads. A number of his relatives warned him against depending on the Kufans, as it was their betrayal of Imām Husayn which led to his untimely death, but he did not heed their warnings.

    Before his preparations were complete, disputes arose among his new followers when they found out that he did not consider the first caliphs, Abū Bakr and ‘Umar, to be apostates who stole the caliphate from his grandfather. The majority of his followers broke away from him and declared his nephew, Ja’far as-Sādiq, to be the Imām of the time instead of Zayd.

    Hishām’s army took advantage of the confusion and made a surprise attack on Kūfah. Only a little more than four hundred followers rallied to Imām Zayd’s side and he was killed during the fighting which ensued.138


    Formation of the Zaydī Madh-hab

    Imām Zayd was a scholar concerned mainly with the narration of Hadīths and recitation of the Qur’ān. He taught in circles of learning in the cities of Madīnah, Basrah, Kūfah and Wāsit, and thus had a large number of students. The method used by Zayd was that of narrating Hadīths and teaching the art of Qur’ānic recitation. If legal questions were raised, he would solve them or choose an opinion of one of his contemporaries like the jurist ‘Abdur-Rahmān ibn Abī Laylā.

    The rulings of the Madh-hab were not dictated nor recorded by Zayd himself; but by his students.


    Sources of Law used by the Zaydī Madh-hab

    The jurists of the Madh-hab evolved the following Sources from Imām Zayd’s rulings as the basis from which they deduced Islamic laws.

    1. The Qur’ān

    The Qur’ān was considered the primary source of Islamic law. The existing copy of the Qur’ān was considered to be complete without any of the deletions claimed by many
    extremist Shi’ite sects.

    2. The Sunnah

    The sayings, actions and approvals of the Prophet (صلى الله عليه وسلم) were considered the second most important source of Islamic law. The Sunnah was not restricted to narrations of the ‘Alawī family or their followers, but included all reliable narration.

    3. Aqwāl ‘Alī

    Rulings and statements of ‘Alī ibn Abī Tālib which were not merely his personal opinions were considered by Imām Zayd to be a part of the Sunnah. That is, If ‘Alī did not say or imply that it was his opinion, then Zayd assumed that it was from the Prophet (صلى الله عليه وسلم). However, Zayd did not accept everything attributed to ‘Alī and somethimes made rulings contrary to what were claimed to be ‘Alī’s rulings. For example, it is reported that ‘Alī ruled that Zakāh could be collected from orphans while Zayd ruled that it could not.


    4. Ijmā’ of the Sahābah

    Zayd recognized the Ijmā’ of the Sahābah as a source of Islamic law. Hence, although he felt that his grandfather was better suited for leadership than Caliphs Abū Bakr, ‘Umar, and ‘Uthmān, the unanimous acceptance of their caliphate by the Sahābah made it, in his opinion, legally binding.

    5. Qiyās

    According to the jurists of this Madh-hab, both the principles of Istihsān and that of Istislāh involved a form of analogical deduction. Consequently, they considered them a part of what was known a [Qiyās] in the other Madh-hab

    6. ‘Aql

    Human intellect was considered as a source of Islamic law in [place] where none [of] the previous sources was applicable. As a youth, Imām Zayd had met and studied under Wāsil ibn ‘Atā, founder of the Mu’tazilite school of thought. The Mu’tazilites were the first to propound the principle of ‘Aql; whatever, the
    intellect considered good was good and whatever it considered bad was bad. However, according to the Mu’tazilah, ‘Aql came directly after the Qur’ān and Sunnah, and thus they rejected Qiyās, as well as the opinions of the Sahābah139 whereas Imām Zayd placed the principle of ‘Aql last and recognized Qiyās.


    Main Students of the Zaydī Madh-hab

    Imām Zayd’s students recorded the Madh-hab. However, they also included the rulings of others scholars form the ‘Alawī family as well as Zayd’s contemporaries.

    Abū Khālid, ‘Amr ibn Khālid Al-Wāsitī (d.889 CE)

    ‘Amr ibn Khālid was perhaps the most famous of Imām Zayd’s students. He spent a long time with him in Madīnah and accompanied him on most of his journeys. ‘Amr compiled Imām Zayd’s teaching in two major works entitled Majmū’ al-Hadīth and Majmū’ al-Fiqh. Together they are called al-Majmū’ al-Kabīr. Although all of the Hadīth narrations in Majmū’ al-Hadīth are from the ‘Alawī family they all have corresponding narrations in the famous six books of Hadīth.

    Al-Hādī Ilā al-Haqq, Yahyā ibn al-Husayn (860-911 CE)

    The Zaydīs did not restrict themselves to the rulings of the Husaynī side of the ‘Alawī family. Hence, the opinions of al-Qāsim ibn Ibrāhīm al-Hasanī (787-857 CE), who became renowned for his scholarship, were also included in the rulings of the Zaydī Madh-hab. However, al-Qāsim’s grandson, al-Hādī Ilā al-Haqq, who was made the Imām of Yemen, made an even greater impact on the Madh-hab. An Islamic state was set up in Yemen according to the Zaydī Madh-hab which gave it a firm footing and ensured its survival till today.

    Al-Hasan ibn ‘Alī al-Husaynī (845-917 CE)

    Al-Hasan, known as an-Nāsir al-Kabīr, was a contemporaryof al-Hādī. He taught the Zaydī Madh-hab in Dailam and Jīlan. He was a great scholar and its considered by his successors as the reviver of the Madh-hab.140

    Followers of the Zaydī Madh-hab

    Today, the followers of this Madh-hab are mostly found in Yemen where it is the Madh-hab of the Majority of its inhabitants.

    ---------------
    137 The fifth of the twelve Imāms odolized by the Shi’ite Twelver sect.
    138 Tārīkh al-Madhāhib al-Islāmīyah, vol. 2 pp. 749-793.
    139 Tarīkh al-Madhāhib al-Islāmīyah, vol. 2, p. 516.
    140 Tarīkh al-Madhāhib al-Islāmīyah, vol. 2, pp. 525.

    Last edited by Caplets; 6 Days Ago at 07:39 PM.
    The Evolution of Fiqh - History of The Madhāhib

    “Your soul is just like your enemy; if it finds you serious, it will obey you. But if it finds you weak, it will take you as a prisoner.”

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    Re: The Evolution of Fiqh - History of The Madhāhib

    The Laythī Madh-hab


    The founder: Imām al-Layth (716-791 CE)

    This Madh-hab was named after al-Layth ibn Sa’d who was born in Egypt of Persian parentage in the year 716 CE. After an extensive study of all the then known areas of Islamic learning, al-Layth became the major scholar of Egypt. He was contemporary of
    both Imām Abū Hanīfah and Imām Mālik. In fact he carried on a debate with Imām Mālik by mail on various points of Islamic law, one of which was Mālik’s inclusion of Madeenite custom as an independent source of Islamic law.

    Reasons for the Madh-hab’s Disappearance

    Imām al-Layth’s Madh-hab disappeared shortly after his death in 791 CE for the following reasons:
    (a) He neither, compiled, dictated, nor instructed his followers to record his legal opinions and their proofs according to his interpretations of the Qur’ān, Sunnah and legal positions of the Sahābah. Thus, very little remains of his Madh-hab beyond a few references in the early books of comparative Fiqh.
    (b) The number of students under al-Layth was small and since none of them became outstanding jurists, they were not in an influential position to popularize his Madh-hab.

    (c) Ash-Shāfi’ī, one of the most outstanding Fiqh scholars, settled in Egypt Immediately after al-Layth’s death and his Madh-hab quickly displaced [that] of al-Layth.

    It is interesting to note that Imām ash-Shāfi’ī who had studied extensively under Mālik and under al-Layth’s students was reported to have observed that al-Layth was a greater jurist than Mālik, but his students neglected him.141

    -----------------
    141 al-Madkhal, p. 205.

    Last edited by Caplets; 3 Days Ago at 03:42 AM.
    The Evolution of Fiqh - History of The Madhāhib

    “Your soul is just like your enemy; if it finds you serious, it will obey you. But if it finds you weak, it will take you as a prisoner.”

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    Re: The Evolution of Fiqh - History of The Madhāhib

    I think the whole ''I follow this madhahib'' is a misunderstanding and should not occur at all and people should stop doing it. The question one must ask is did the first 3 generations follow madhahibs the answer is no and they were the best of us. We should follow them because they simply followed the direct sources which you have access to also
    Last edited by Mountains; 1 Day Ago at 07:06 AM.
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    Re: The Evolution of Fiqh - History of The Madhāhib


    The Thawrī Madh-hab


    The founder: Imām ath-Thawrī (719-777 CE)

    Imām Sufyān ath-Thawrī was born in Kūfah in the year 719 CE, and after an extensive study of Hadīth and Fiqh became the main Fiqh scholar of the Hadīth school in Kūfah. He held similar views to those of his contemporary, Abu Hanīfah, however he opposed the latter’s use of Qiyās and Istihsān.

    There occurred between Imām Sufyān 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 Sharī’ah. Caliph al-Mansūr (rule 759-744 CE) Sent a letter to
    Imām ath-Thawrī requesting him to accept the post of Qādī of Kūfah on condition that he not make any judgement or ruling inopposition to the state policy. On receipt of the letter, Sufyān 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 Imām 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 Hadīths and their interpretations, he requested in his will that his main student, ‘Ammār ibn Sayf, erase all his writings and burn whatever could not be erased. ‘Ammār dutifully destroyed
    his teacher’s writings, but many of the Imām’s ideas were recorded by students of other Imāms, so they have survived till today but not in an organized form.142

    -----------------
    142 al-Madkhal, pp. 206-7.
    The Evolution of Fiqh - History of The Madhāhib

    “Your soul is just like your enemy; if it finds you serious, it will obey you. But if it finds you weak, it will take you as a prisoner.”


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