The Evolution of Fiqh(5.11 Section Summary)

1. The major Madh-habs were : the Hanafee Madh-hab, the

Maalikee Madh-hab, the Shaafi’ee Madh-hab, the Hambalee

Madh-hab, and the Zaydee Madh-hab. These survived largely

because of state support and a body of outstanding first

generation students.

2. The most important of the minor Madh-habs were: the Awzaa’ee

Madh-hab, the Laythee Madh-hab, the Thawree Madh-hab, the

DHaahiree Madh-hab and the Jareeree Madh-hab. These went

out of existence either because of political factors or because

their students failed to record the rulings of the founders for

posterity.

3. The principal sources of Islamic law agreed upon by all the

major Madh-habs were: the Qur’aan, the Sunnah, Ijmaa’ of the

Sahaabah and Qiyaas.

4. All of the major Madh-habs set conditions for the acceptance of

the Sunnah as a primary source of Islamic law:

(a) The Hanafee Madh-hab stipulated that the Hadeeth be

widely known (Mash-hoor).

(b) The Maalikee Madh-hab required that the Hadeeth not

contradict the Ijmaa’ of the Madeenites.

(c) The Shaafi’ee Madh-hab insisted that the Hadeeth be

authentic (Saheeh)

(d) The Hambalee Madh-hab only required that the Hadeeth be

attributed to the prophet (s.w.) and not fabricated. Thus,

Hadeeths of doubtful authenticity were considered a part of

the Sunnah.

5. The contoversial sources of Islamic were:

(a) Istihsaan and Ijmaa’ of scholars, held by the Hanafee Madhhab.

(b) Istislaah, Ijmaa’ of the Madeenites and their customs, held

by the Maalikee Madh-hab.

(c) ‘Urf, held by both the Hanafee and Maalikee Madh-hab.

(d) Weak Hadeeth held by the Hambaleee Madh-hab.

(e) Aqwaal ‘Alee (rulings and statements of the fourth righteous

caliph, ‘Alee), held by the Zaydee Madh-hab.