The Evolution of Fiqh(5.4 THE ZAYDEE MADHAB)

The Founder: Imaam Zayd (700-740 CE)

This Madh-hab traces its origin to one of ‘Alee ibn Abee

Taalib’s great grandsons through his son al-Husayn. Imaam Zayd’s

father, ‘Alee Zayn al-‘Aabideen, was well known for his great legal

knowledge and his narration of Hadeeths. Born in al-Madeenah in

the year 700 CE, Zayd ibn ‘Alee soon became one of the foremost

scholars of the ‘Alawee family. He narrated Hadeeths from all of his

relatives including his older brother, Muhammad al-Baaqir. The fifth of the twelve Imaams odolized by the Shi’ite Twelver sect.

 Zayd expanded his knowledge by travelling to the other major centers of

learning in Iraq, Kufah, Basrah and wasit, where he sat and

exchanged views with his contemporaries like Abu Haneefah and

Sufyaan ath-Thawree.

The Umayyad caliph, Hishaam ibn ‘Abdul-Malik (reign 724-

743 CE) never missed an opportunity to degrade and humiliate the

‘Alawee family and Zayd ibn ‘Alee was often singled out for abuse.

He was not allowed to leave the city of Madeenah without the

permission of its governor and his repuests for permission were often

turned down repeatedly. Eventually, Zayd became the first of ‘Alee’s

descendants to try to wrest the caliphate from the 
Umayyads after the catstrophe at Karbalaa. 

He travelled sectetly to Kufah where he was

joined by the Shi’ites of Iraq, Wasit 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 Imaam 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, Abu 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-Sadiq, to be the Imaam of the time instead 
of Zayd. Hishaam’s army took advantage of the confusion and
  made a surprise attack on Kufah. Only a little more than 
 four hundred followers rallied to Imaam Zayd’s side and he 
was killed during the fighting which ensued. 

Taareekh al-Madhaahib al-Islaameeyah, vol. 2 pp. 749-793.
 

Formation of the Zaydee Madh-hab

Imaam Zayd was a scholar concerned mainly with the

narration of Hadeeths and recitation of the Qur’aan. He taught in

circles of learning in the cities of Madeenah, Basrah, Kufah and

Wasit, and thus had a large number of students.
The method used by Zayd was that of narrating Hadeeths and
 teaching the art of Qur’anic

recitation. If legal questions were raised, he would solve them or

choose an opinion of one of his contemporaries like the jurist

‘Abdur-Rahman ibn Abee Laylaa. The rulings of the Madh-hab were

not dictated nor recorded by Zayd himself; but by his students.
 

Sources of Law used by the Zaydee Madh-hab

The jurists of the Madh-hab evolved the following Sources from

Imaam Zayd’s rulings as the basis from which they deduced Islamic

laws.

1. The Qur’aan

The Qur’aan was considered the primary source of Islamic law.

The existing cop0y of the Qur’aan 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 (s.w.) were

considered the second most important source of Islamic law. The

Sunnah was not restricted to narrations of the ‘Alawee family or

their followers, but included all reliable narration.

3. Aqwaal ‘Alee

Rulings and statements of ‘Alee ibn Abee Taalib which were not

merely his personal opinions were considered by Imaam Zayd to

be a part of the Sunnah. That is, If ‘Alee did not say or imply

that it was his opinion, then Zayd assumed that it 
was from the Prophet (s.w.).

 However, Zayd did not accept everything

attributed to ‘Alee and somethimes made rulings contrary to

what were claimed to be ‘Alee’s rulings. For example, it is

reported that ‘Alee ruled that Zakaah could be collected from

orphans while Zayd ruled that it could not.

4. Ijmaa’ of the Sahaabah

Zayd recognized the Ijmaa’ of the Sahaabah as a source of

Islamic law. Hence, although he felt that his grandfather was

better suited for leadership than Caliphs Abu Bakr, ‘Umar, and

‘Uthmaan, the unanimous acceptance of their caliphate by the

Sahaabah made it, in his opinion, legally binding.

5. Qiyaas

According to the jurists of this Madh-hab, both the principles of

Istihsaan and that of Istislaah involved a form of analogical

deduction. Consequently, they considered them a part of what

was known a Qiyaan in the other Madh-hab

6. ‘Aql

Human intellect was considered as a source of Islamic law in ce

where none o the previous sources was applicable. As a youth,

Imaan Zayd had met and studied under Waasil ibn ‘Ataa,

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 consedered bad was bad. However, according to the 
Mu’taziah, ‘Aql came directly after the Qur’aan and Sunnah,
 and thus they rejected Qiyaas, as well as the opinions of the Sahaabah,Tareekh al-Mdhaahib al-Islaameeyah, vol. 2, p. 516.

 whereas Imaam Zayd placed the principle 
of ‘Aql last and recognized Qiyaas.

Main Students of the Zaydee Madh-hab

Imaam Zayd’s students recorded the Madh-hab. However,

they also included the rulings of others scholars form the ‘Alawee

family as well as Zayd’s contemporaries.

Abu Khaalid, ‘Amr ibn Khaalid al-waasitee (d.889 CE)

‘Amr ibn hai was perhaps the most famous of Imaam Zayd’s

students. He spent a long time with him in Madeenah and

accompanied him on most of his journeys. ‘Amr compiled Imaam

Zayd’s teaching in two major works entitled Majmoo’ al-Hadeeth

and Mjmoo’ al-Fiqh. Together they are called al-Majmoo’ al-

Kabeer. Although all of the Hadeeth narrations in Majmoo’ al-

Hadeeth are from the ‘Alawee family they all have corresponding

narrations in the famous six books of Hadeeth.

Al-Haadee elaa al-Haqq, Yahyaa ibn al-Husayn (860-911 CE)

The Zaydees did not restrict themselves to the rulings of the

Husaynee side of the ‘Alawee family. Hence, the opinions of al-

Qaasim ibn Ibraaheem al-Hasanee (787-857 CE), who became

renowned for his scholarship, were also included in the rulings of the

Zaydee Madh-hab. However, al-Qaasim’s grandson, al-Haadee elaa

al-Haqq, who was made the Imaam of Yemen, made an even greater

impact on the Madh-hab. An Islamic state was set up in Yemen

according to the Zaydee Madh-hab which gave it a firm footing and

ensured its survival till today.

Al-Hasan ibn ‘Alee al-Husaynee (845-917 CE)

Al-Hasan, known as an-Naasir al-Kabeer, was a contemporaryof al-

Haadee. He taught the Zaydee Madh-hab in Dailam and Jeelan. He

was a great scholar and its considered by his successors as the

reviver of the Madh-hab. 
Taareekh al-Madhaahib al-Islaameeyah, vol. 2,pp. 525.

Followers of the Zaydee 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 inhabitans.