The Evolution of Fiqh ((1;1.1)The First Stage: Foundation)

The first stage in the development of Fiqh covers the era of the Prophet Muhammad ibn ‘Abdillaah’s apostleship (s.a.w)(609-632 CE) during which the only source of Islamic law was divine revelation in the form of either the Qur’aan or the Sunnah [the saying and actions of the Prophet (SW.)].  

The Qur’aan represented the blueprint in his day-to-day life (i.e. the Sunnah)

acted as a detailed explanation of the general principles outlined in the Qur’aan as well as a practical demonstration of their application.Soorah al-Baqarah (2): 217.

 

 

Sections of the Qur’aan were continuously revealed to the Prophet Muhammad (s.w.) from the beginning of his prohethood in the year 609 CE until shortly before his death (623 CE), a period of approximately twenty-three years. 

The various sections of the Qur’aan were generally revealed to solve the problems which confronted the Prophet (SW.) and his followers in both Makkah and Madeenah. A number of Qur’anic verses are direct answers to questions raised by Muslims as well as non-Muslims during the era of prophet hood. Many of these verses actually begin with the phrase

“They ask you about.” For example,

“They ask you about fighting in the forbidden months. Say, ‘Fighting in them is a grave offense, but blocking Allaah’s path and denying Him is even graver in Allaah’s sight.’ “Soorah al-Baqarah (2): 219.
“They ask you about wine and gambling. Say, ‘There is great evil in them as well as benefit to man. But the evil is greater than the benefit.’Soorah al-Baqarah (2): 219. 

“They ask you about menses. Say, ‘It is harm, so stay away from (sexual relations with) women during their menses.’ ”Soorah al-Baqarah (2): 222.

A number of other verses were revealed due to particular incidents, which took place during the era of the Prophet (s.w.). An example can be found in the case of Hilaal ibn Umayyah who came before the Prophet (s.w.) and accused his wife of adultery with another of the Prophet’s companions.

 The Prophet s.w.) said, “Either you will receive the fixed punishment

 (of eighty lashes) on your back.” Hilaal said, “Oh Messenger of

Allaah! If any of us saw a man on top of his wife, would he go looking for witnesses?” However, the Prophet (s.w.) repeated his demand for proof. Then angel Gabriel came and revealed to the Prophet (s.w.) the verse: 
Soorah al-Baqarah (2): 222.

“As for those who accuse their wives and have no evidence but their own, their witness can be four declarations with oaths by Allaah

that they are truthful and a fifth invoking Allaah’s curse on themselves if they are lying. But the punishment will be averted from the wife if she bears witness four times with oaths by Allaah that he is lying, and a fifth oath invoking Allaah’s curse on herself if he is telling the truth.”
 Soorah an-Noor (24): 6-9.

The same was the case of Islamic legislation found in the Sunnah, much of which was either the result of answers to questions, or were pronouncements made at the time that incidents took place. For example, on one occasion, one of the Prophet’s companions asked him, “Oh Messenger of Allaah!

We sail the seas and if we make Wudoo (ablutions) with our fresh water we will go thirsty. Can we make Wudoo with sea water?” He replied, “Its water is pure and its dead (sea creatures) are Halaal (permissible to eat).
Sunan Abu Dawud

The reason for this method of legislation was to achieve gradation in the enactment of laws, as this approach was more easily acceptable by Arabs who were used to complete freedom. It also made it easier for them to learn and understand the laws since the reasons and context of the

legislation would b e known to them. 
This method of gradual legislation was not limited to the laws as a whole, but it also took place during the enactment of a number of individual laws. The legislation of Salaah (formal prayers) is a good example of gradation in the enactment of individual laws. 
 Inthe early Makkah period, Salaah was initially twice per day, once in the morning and once at night.al-Madkhal, p. 74-8.

 Shortly before the migration to Madeenah, five times daily Salaah was enjoined on the believers. However, Salaah at that time consisted of only two units per prayers, with the exception of Maghrib (sunset) prayers, which were three units. After the early Muslims had become accustomed to regular prayer, the number of units were increased to four for residents, exceptfor Fajr (early morning) prayer and that of Maghrib. 
Sahih Al-Bukhari (Arabic-English), vol.1,p.214, no. 346.