The Evolution of Fiqh(5.9 THE DHAAHIREE MADHAB)

The Founder: Imaam Daawood (815-883 CE)

The founder of this school of thought, Daawood ibn ‘Alee,

was born in Kufah in the year 815 CE. His early Fiqh studies were

under Imaam ash-Shaafi’ee’s students, but he later inclined towards

the study of Hadeeth and joined the Hadeeth circle of Imaam Ahmad

ibn Hambal. He continued to study under Ahmad until he was

expelled from Ahmad’s classes because he voiced the opinion that

the Quraan was Muhdath (newly existent) and therefore created.

After his expulsion, he took and independent path of reasoning based

on the obvious and literal meanings (DHaahir) of the texts of the

Qur’aan and the Sunnah. Because of this approach, his Madh-hab

was called the DHaahiree Madh-hab and he became known as

Daawood adH-DHaahiree.Taareekh at-Tashree’ al-Islaamee, pp. 181, 182.
 

The Qur’aan and the Sunnah

Like all of the other Imaams, Daawood considered the

Qur’aan to be the foremost source of Islamic law follwed by the

Sunnah. However, only literal interpretations of their texts were

insidered by him to be valid . that is, they were only to be applied in

the particular circumstances which they described.

Ijmaa’ of the Sunnah

Imaam Daawood gave credence to the Ijmaa’ of the

Sahaabah, He reasoned that their unanimity would only have been on

points of law revealed to the Prophet (s.w.) and known to the

Sahaabah, but not narrated as Hadeeths for some reason or other.

There fore, the Ijmaa’ of the Sahaabah were not considered by himas

resulting from reasoning (Qiyaas).

Qiyaas

Since Imaam Daawood limited the application of the

Qur’aan and the Sunnah to their literal meaning, he automatically

denied the validity of rulings based on any form of reasoned opinion,

including Qiyaas. al-Madkhal, p. 206.

 However, the principle of Mafhoom (understood

meaning) which he applied to the Qur’aan and Sunnah in place of

Qiyaas turned out to be virtually indistinguishable from Qiyaas

(analogical deduction)J.H. Kramers and H.A.R. Gibb, Shorter
 Encycopedia of Islam
 

Main Students of the DHaahiree Madh-hab

Due to the limited scope of the DHaahiree Madh-hab and the absense

of outstanding scholars to pass on its principles and rulings, it did not

last very long. In fact, it did not get a foothold in any area of the

Muslim empire during Imaam Daawood’s lifetime, nor in the century

and a half which followed his death.

In later times, all scholars who denied the validity of Qiyaas

were labelled as DHaahirees, even though they had not actually

studied under Daawood or his students, or even read their works.

The most noted student of the DHaahiree Madh-hab was a

brilliant 11th century CE Spanish scholar named ‘Alee ibn Ahmad

ibn Hazm al-Andaloosee (died 1070 CE). Ibn Hazm revived this

Madh-hab and defended it in the numerous outstanding works which

he wrote in various fields of Islamic study; for example, Ihkaam al-

Ahkaam in the field of Usool al-Fiqh, al-Fisal in theology and al-

Muhallaa in Fiqh. 
 Due to Ibn Hazm’s tireless efforts, the Madh-hab

took hold in Islamic Spain where it flourished, and from there it

spread to some areas of North Africa and elsewhere. It remained

prevalent in Spain until the Islamic State began to crumble there in

the early 1400’s. Whith the disappearance of the Muslim state of

Andalus, the Madh-hab also disappeared, leaving behind only a

number of scholarly writings, most of which were done by Ibn Hazm

himself.Taareekh al-Madhaahib al-Islaameeyah, vol. 2, pp. 375-409.