The Evolution of Fiqh (Introduction)

Fiqh and Sharee’ah

For a proper understanding of the historical development of Islamic law, the terms Fiqh and Sharee’ah need to be defined. Fiqh has been loosely translated into English as “Islamic law” and so has Sharee’ah, but these terms are not synonymous either in the Arabic language of to the Muslim scholar.

Fiqh literally means, the true understanding of what is intended.An example of this usage can be found in the Prophet Muhammad’s  statement: “To whomsoever Allaah wishes good, He gives the Fiqh (true understanding) of the Religion” (Sahih Al-Bukhari)

Technically, however, Fiqh refers to the science of deducing Islamic laws from evidence found in the sources of Islamic law. By extension it also means the body of Islamic laws so deduced.

Sharee’ah, literally means, a waterhole where animals gather daily to drink, or the straight path as in the Qur’anic verse. “Then we put you on a straight path (Sharee’ah) in you affairs, so follow it and do not follow the desires of those who have no knowledge.”Soorah al-Jaathiyah (45): 18.

Islamically, however it refers to the sum total of  Islamic laws which were revealed to the Prophet Muhammad (SW.), and which are recorded in the Qur’aan as well as deducible  from the Prophet’s divinely-guided lifestyle (called the Sunnah).At-Ta’reef bil-fiqh al-Islaamee

 

     The distinction From the previous two definitions,  the following three differences may be deduced:

1. Sharee’ah is the body of revealed laws found both in the Qur’aan and in the Sunnah, while Fiqh is a body oflaws deduced from Sharee’ah to cover specific

situations not directly treated in Sharee’ah law.

2. Sharee’ah is fixed and unchangeable, whereas Fiqh changes according to the circumstances under which it is applied.

3. The laws of Sharee’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 Sharee’ah should be applied in given

circumstances.

 

The Development of Fiqh

The development of Fiqh falls traditionally into six major stages named as follows: Foundation, Establishment, Building, Flowering, Consolidation, and Stagnation and Decline.

These stages occur respectively in the following historical periods:

a) Foundation : the era of the Prophet (SW.) (609-632 CE)10

b) Establishment : the era of the Righteous Caliphs, from the death of the

Prophet (SW.) to the middle of the seventh century CE (632-661)

c) Building : from the founding of the Umayyad dynasty (661 CE) until its decline in the middle of the 8th century CE.

d) Flowering : from the rise of the ‘Abbaasid dynasty in the middle of the 8th century CE to the beginning of its decline around the middle of the

10th century CE.

e) Consolidation : the decline of the ‘Abbaasid dynasty from about 960 CE to the murder of the last ‘Abbaasid Caliph at the hands of the Mongols

in the middle of the 13th century CE.

f) Stagnation and Decline : from the sacking of Baghdad in 1258 CE to the present.

 

In this work the above mentioned stages in the development of Fiqh will be described with special reference to  the relevant social and political context of the respective periods. As the reader follows this development, he will be

given insight into the evolution of the Madh-habs (schools of Islamic legal thought) as well as their contributions to Fiqh.

Hopefully he will then be able to appreciate the fact that all the Madh-habs have contributed in different degrees to the Development of Fiqh, and that no single Madh-hab can properly be claimed to represent Islaam of Islamic law in its totality.

 In other words, any one school of thought acting alonedoes not determine
 Fiqh. All Madh-habs have been importantinstruments for the clarification and application of theSharee’ah.

 Together, Fiqh and Sharee’ah should be unifying forces that unite all Muslims regardless of place, time or cultural background. In fact, the only infallible Madh-hab that deserves to be followed without any questions asked is that of the Prophet Muhammad himself (SW.).

Only his interpretations of Sharee’ah can be considered divinely guided and meant to be followed until the last day of this world.  All other Madh-habs are the result of human effort, and thus are subject to human error. Or as Imaan ash-Shaafi’ee, founder of the Shaafi’ee Madh-hab, so wisely put it, “There isn’t any of us who hasn’t had a saying or action of Allaah’s messenger (SW.) elude him of slip his mind. So no matter what rulings I have

made or fundamental principles I have established, there will be in them things contrary to the way of Allaah’s messenger (SW.). However, the correct ruling is according to what the messenger of Allah (SW.) said, and that is my true ruling.” al-Madkhal, p. 50.1.

Collected by al-Haakim with a continuous chain of reliable 
narrators to ash-Shaari’ee