The Evolution of Fiqh(5.THE MADH-HABS: SCHOOLS OF ISLAMIC LEGAL THOUGHT)

In the previous chapters we have seen the evolution of the
 Madh-hab [The sum total of the scholars legal rulings as well 
as the rulings of his students and that of all the scholars who 
adhered to their approach.] within the historical context
 of the overall development of Fiqh. 

During the era of prophethood, the foundations of Fiqh 
were laid down in the Prophet Mohammed’s Ijtihaads 
(reasoned rulings) as well as those of his Sahaabah (followers).
 During that stage, divine revelation in the form of the
 Qur’aan and the Sunnah (the life style of the Prophet (s.w.)
 constituted the only source of Islamic law.

In other words, there was only one school of thought
 (Madh-hab):that of the Prophet (s.w.).

In the following stage, that of the Righteous Caliphs, the

Fiqh principle of Ijmaa’ (decisions by unanimity) evolved and

Ijtihaad became an independent principle of Fiqh under the name

Qiyaas. The Madh-hab during theis period was, in rality, that of each

of the Righteous Caliphs, since the final say in legal matters rested

with them. However, all legal decisions were subject to alteration on

the basis of recorded statements or practices of the Prophet (s.w.):

that is, Hadeeth. Therefore there was no room for rigidity of

factionalism.

The early period of the Umayyad dynasty saw the division of

Fiqh scholars into two main Madh-habs with respect to Ijtihaad:
 Ahl ar-Ra’i and Ahl al-Hadeeth. These two Madh-habs evolved
 into a number of new Madh-habs during the shift from caliphate
 to monarchy when the caliph/King was no longer the head of 
the Madhhab. Since scholars and their students were dispersed 
throughout the Umayyad state, their personal Ijtihaad
 increased  in order to solve local issues. 
It should be noted, however,
 that during both the period of the Umayyads and that of 
the early ‘Abbaasids, students of Fiqh freely and
 frequently changed teachers and exchanged legal

opinions. In effect, therefore, the flexibility of the previous was

maintained.

As will be shown in chapters seven and eight, during the

latter part of the ‘Abbaasid dynasty, Fiqh was formalized and

systematized. The number of Madh-habs decreased and the

differences between them became emphasized due to the state’s

preference for some Madh-habs over others and the rise of inter

Madh-habs rivalry promoted by court debates.  
And after the destruction of the ‘Abbaasid Caliphate 
and the decline of Ijtihaad

culminating in its disappearance, the number of Madh-habs

decreased to four which evolved into completely distinct and often

times antagonistic entities.
 
The differences between them became

insurmountable in the minds of their adherents and Madh-hab

fanaticism and sectarianism was rife. Since the applicability of

Sharee’ah to all times and places depended largely upon the principle

of Ijtihaad, the loss of this vital principle spelled the inevitable

stagnation and decline of Fiqh

In the following two chapters we will examine more closely

the madhabs chronologically with respect to their founders,

formation and fundamental principles. Then we will have a look at

the main reasons for the differences which arose between them.