The
founder: Imaam al-Layth (716-791 CE)
This
Madh-hab was named after al-Layth ibn Sa’d who was
born in
Egypt of Persian parentage in the year 716 CE. After an
extensive
study of all the then known areas of Islamic learning, al-
Layth
became the major scholar of Egypt. He was contemporary of
both
Imaam Abu Haneeah and Imm Maalik. In fact he carried on a
debate
with Imaam Maalik by mail on various points of Islamic law,
one of
which was Maalik’s inclusion of Madeenite custom as an
independent
source of Islamic law.
Reasons
for the Madh-hab’s Disappearance
Imaam
al-Layth’s Madh-hab disappeared shortly after his
death in
791 CE for the following reasons:
(a) He
neither, compiled, dictated, nor instructed his followers to
record
his legal opinions and their proofs according to his
interpretations
of the Qur’aan, Sunnah and legal positions of the
Sahaabah.
Thus, very little remains of his Mdh-hab beyond a few
references
in the early books of comparative Fiqh.
(b) The
number of students under al-Layth was small and since
none of
them became outstanding jurists, they were not in an
influential
position to popularize his Madh-hab.
(c)
Ash-Shaafi’ee, one of the most outstanding Fiqh scholars, settled
in Egypt
Immediately after al-Layth’s death and his Madh-hab
quickly
displaced of al-Layth.
It is
interesting to note that Imaam ash-Shaafi’ee who had
studied
extensively under Maalik and under al-Layth’s students was
reported
to have observed that al-Layth was a greater jurist than
Maalik,
but his students neglected him.al-Madkhal, p. 205.
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