What is Fiqh? Rulings and Regulations for etiquette on how to perform specific forms of worship. How did Prophet behave when he went to masjid? when he went to market? how did he eat?
What is Evolution of Fiqh? how the schools of thoughts and fuqahaa come to existence.
Primary Law = Quran + Sunnah
Secondary Law = Fuqahaa
Fiqh went into 4 Eras/Stages
What is Evolution of Fiqh? how the schools of thoughts and fuqahaa come to existence.
Primary Law = Quran + Sunnah
Secondary Law = Fuqahaa
Fiqh went into 4 Eras/Stages
- Time of Prophet (SAWS) - Foundation Era
- Divided into Meccan (13 years [3 years in secrecy]) and Medina period (10 years)
- Hijra is the milestone that divided the two period
- Prophet recieved revelation through: Direct Rulings/Inspiration (They ask you)/Correction from Allah
- Period of the Companions (Sahaba) (70 years) - Most prominent Fuqaha (jurists):Ali/Aisha/Zaid Ibn Thabit/Ibn Abas/Abudllah Ibn Masud/Abu Huraira/Abdullah ibn Umar ibn Alas/Abudllah bin Umar/Anas ibn Malik.
- New cultures and new questions came up
- Establish a system and procedures to seek fiqh on specific issues
- Quran > Sunnah > Opinions of Companions (ijma) > Ijtihad
- Each chose different answers to same questions
- Quran contains rules but requires effort of men to decide how to apply them to different situations.
- The Compilation of Fiqh
- Students of sahaba wrote down what the sahaba taught
- Writing down of fatawa for each sahaba and relating them to others
- In order to preserve the narrations
- Emergence of the Imams alMujtahidoon - Umar Ibn Abdel Azeez/Al Zuhri/Nafai/Shabee
- Debated with each other
- Two major schools of thought emerged:
- Madrast al Hadith (Rulings based on Hadith and little reasoning)
- Madrasat al Fuqaha (Rulings based on hadith and lots of reasoning)
- Abu Hanifa
- Maliki
- Shafi
- Hanbal
- Taqleed (Imitating Only One School of Thought)
- Politics - scholars judged according to specific mathhab
- People started to uncritically follow and look for answers from past fuqahaa
- Be on the safe side and ask for the daleel/ila or evidence in a polite manner
- "What is the evidence or proof for us saying this is right or wrong?"
- Quran + Sunnah > Ijma > Qiyas