The Evolution of Fiqh(5.7 THE SHAAFI’EE MADHAB)

The founder: Imaam Ash-Shaafi’ee (769-820 CE)

The full name of the scholar after whom this school of legal

thought has been named was Muhammad ibn Idrees ash-Shaafi’ee.

He was born in the town Ghazzah on the Mediterranean coast of

what was then known as Shaam in the year 796 CE, but travelled to

Madeenah in his youth to study Fiqh and Hadeeth under Imaam

Maalik. He succeeded in memorizing the whole of Maalik’s book,

al-Muwatta’, and recited it to him from memory, word perfect.

Ash-Shaafi’ee remained under Maalik until the latter died in

801 CE. Then he went to Yemen and taught there. He remained there

until he was accused of Shi’ite leanings in the year 805 CE and

brought as a prisoner before the ‘Abbaasid Caliph, Haroon ar-

Rasheed (rule 786-809 CE) in Iraq. Fortunately, he was able to prove

the correctnes of his beliefs and was subsequently released.
Ash-Shaafi’ee remained in Iraq and studied for a while under Imaam

Muhammad ibn al-Hasan, the famous student of Abu Haneefah.

Later he traveled to Egypt in order to study under Imaam

Muhammad ibn al-Hasan, the famous student of Abu Haneefah.

Later he travelled to Egypt in order to study under Imaam al-Layth,

but by the time he reached there the Imaam had passed away.

However, he was able to study the Madh-hab of al-Layth from
 al- Layth’s students. Ash-Shaafi’ee remained in Egypt until
 his death in the year 820 CE during the rule of the 
Caliph al-Mamoon (rule 813- 832 CE).

Among these students were Ahmed ibn Hambal, founder of the

Hambalee Madh-hab and Abu Thawr founder of the Abu Thawr Madh-hab.

Formation of the Shaafi’ee Madh-hab

Imaam ash-Shaafi’ee combined the Fiqh of Hijaaz (Maalikee

thought) with that of Iraq, (Hanafee thought) and created a new

Madh-hab which he dictated to his students in the form of a book

called al-Hujjah (The Evidence). This dictation took place in Iraq in

the year 810 CE and a number of his students memorised his book

and narrated it to others. This book and period of his scholarship are

usually referred to as al-Madh-hab al-Qadeem (the old school of

thought) to differentiate it from the second period to his scholarship

which occurred after he reached Egypt.
In Egypt he absorbed the Fiqh of Imaam al-Layth ibn Sa’d 
and dictated al-Madh-hab al- Jadeed (the new school of thought)
 to his students in the form of another book
 which he named al-Umm (he Essence). Because of his

exposure to a completely new set of Hadeeths and legal reasoning, in

al-Madh-hab al-Jadeed, he reversed many of the legal positions

which he had held while in Iraq. Imaam ash-Shafi’ee holds the

distinction of being the first Imaam to systematize the fundamental

principles of Fiqh which he recorded in his book called ar-Risaalah.
 

Sources of Law Used by the Shaafi’ee Madh-hab

1. The Qur’aan

Ash-Shaafi’ee did not differ from the previously mentione

Imaams, in their uncompromising stand in relation to the

primacy of the Qur’aan among the sources of Islamic law. He

frlied on it as heavily as those before him adding only the new

insights which he gained from a deep study of its meaning.

2. The Sunnah

Imaam ash-Shaafi’ee laid down only one condition for the

acceptance of Hadeeths, namely that they be authentic (Saheeh).

He rejected all the other conditions set by Imaams Abu Haneefah

and Maalik. He was also noted for his great contributions to the

science of Hadeeth criticism.

3. Ijmaa’

Although ash-Shaari’ee had serious doubts about the possibility

of the Ijmaa’ in a number of cases, he conceded that in the few

cases where it was known to have occurred, it should be

regarded as the third most important source of Islamic law.

4. Individual Opinions of the Sahaabah

Credence was given by Imaam ash-Shaafi’ee to the individual

opinions of the Sahaabah on condition that they were not at

variace with each other. If there were conflicting opinions among

the Sahaabah on a legal point, he like Abu Haneefah, would

choose whichever opinion was the closest to the source and leave

the rest.

5. Qiyaas

Qiyaas was, in the Imaam’s opinion, a valid method for deducing

further laws from the previous sources. However, he placed it

last in order of importance, considering his personal opinions

inferior to proofs based on the opinions of the companions.

6. Istis-haab (Linking)

Both the principle Istihsaan used by Abu Haneefah and Istislaah

used by Maalik were rejected by ash-Shaafi’ee and considered a

form of Bid’ah (innovation), since, in his opinion, they were

based nostly on human reasoning in areas where revealed laws

already existed. 
However, in dealing with similar issues ash-

Shaafi’ee was obliged to use a principle similar to Istihsaan and

Istislaah which he called istis-haab.Al-Madkhal, pp

 Istis-haab literally means seeking a link, but legally it refers 
to the process of deducing Fiqh laws by linking a later 
set of circumstances with an earlierset.
  It is based on the assumption that the Fiqh laws applicable to

certain conditions remain valid so long as it is not certain that

these conditions have altered. If, for example, on account of the

long absence of someone, it is doubtful whether he is alive or

dead, then by Istis-haab all rules must remain in force that would

hold if one knew for certain that he was still alive.
 

Main students of Shaafi’ee Madh-hab

The most important of Imaam ash-Shaafi’ee’s students who

contunued to follow his school of thought were: al-Muzanee, ar-

Rabee’ and Yoosuf ibn Yahyaa.

Al-Muzanee (791-876 CE)

Al-Muzanee’s full name was Imaa’eel ibn Yahyaa al-

Muzanee. He was the constant companion of Imaam ash-Shaafi’ee

throughtout his stay in Egypt. Al-Muzanee was noted for writning a

book which comprehensively gathered the Fiqh of ash-Shaafi’ee.

Later condensed under the title Mukhtasal al-Muzanee, it became

the most widely read Fiqh book of the Shaafi’ee Madh-hab.

Ar-Rabee’ Al-Maraadee (790-873 CE)

Ar-Rabee’ was noted as the main narrator of ash-Shaafi’ee’s

book al-Umm. He wrote it down during Imaam ash-Shaafi’ee’s

lifetime along with ar-Rasaalah and other books.

Yoosuf ibn Yahyaa al-Buwaytee

Yoosuf ibn Yahyaa succeeded ash-Shaafi’ee as the main

teacher of the Madh-hab. He was imprisoned and tortured to death in

Baghdad because he rejected the officially sanctioned Mu’tazilite

philosophy on the creation of the Qur’aan.Taareekh at-Tashree’ al-Islaamee
 

Followers of the Shafafi’ee Madh-hab

The majority of the followers of the Shaafi’ee Madh-hab are

now to be found in Egypt, Southern Arabia, (Yemen, Hadramout),

Sri Lanka, Indonesia, Malaysia, and East Africa (Kenya, Tanzania)

and Surinam in South America.