FIRST PERIOD: LEGAL GUIDANCE DURING THE TIME OF THE APOSTLE OF ALLAH S.A.W.

AL QUR’AN AND AS SUNNAH.

Al Kitab or Qur’an is a well known book, revealed to Muhammad s.a.w. in groups since the night of the 17th of Ramadan in the 41st year of his birth. He was given the revelation while he was staying in the cave of Hira’. The first verse that was revealed was :

Meaning: By (mentioning) the name of Allah, the Most Gracious, the Most Merciful. Recite in the name of your Lord who created. He has created man from a clot of blood. Read, and your Lord is the most Gracious. Who teaches man by the medium of the kalam. He taught man what he did not know.

until the 9th of Dhul Hijjah on the day of Akbar in the 10th year of Hijri and the 63rd year of his birth with the revelation (verse) that was revealed:

Meaning: On this day I have perfected for you your religion, and I have fulfilled for you My blessings, and I have made Islam your religion.

The period between the beginning of the Qur’an and its end is 22 years, 2 months and 22 days.

The night on which the Qur’an was revealed is the night of Qadr (Lailatul Qadr), in which Allah says :

Meaning: Verily, We have revealed it (the Qur’an) on the night of glory. And do you know what the night of glory is? The Night of Glory is better than a thousand months. On that night the angels descend with the permission of their Lord to manage all affairs. That night is full of prosperity until dawn breaks.

And Allah says again:

Meaning: Indeed, We sent it down on a blessed night, and indeed We are the warners. On that night were explained all matters of wisdom. (That is) a great matter from Our side: surely We are the ones who sent the messengers.

And there is no contradiction that this night is in the month of Ramadan. Allah ta’ala says:

Meaning: Ramadan, the month in which is revealed (the beginning) of the Qur’an as a guidance for mankind and explanations of that guidance and a distinction (between the right and the wrong).

It is the month in which Muhammad (peace be upon him) used to do tikaf and fast in the cave of Hira’. Ibn Isaac narrated from Wahab bin Kisan from Abid bin Umar bin Qatadah Al Laitsi said:

Meaning: The Messenger of Allah (s.a.w.) used to stay in the cave of Hira” for one month in every year. That was the worship performed by the people of Quraysh during the Jahiliyyah. That worship is to do good. Then he said: So that month of the year in which Allah willed to honor him with the sending by Him s.w.t. he went out to Hira” as he always went out to stay there with his family…… .. until the end of the hadith.

As for the night of the revelation, there is much dispute. ibnu Ishak is inclined to believe that it was the 17th of the month of Rumadhan, and the Qur’an has indicated this in the words of Allah ta’ala :

Meaning: If you believe in Allah and in what We revealed to Our servant (Muhammad) on the day of Furqan, the day when two armies meet.

What is meant by the day when the two armies met is the day when the Muslims met the polytheists at Badr, which was Friday the 17th of Ramadan in the second year of the Hijri. The Day of the Furgan is the day when the Qur’an was revealed. Both are united in nature and both coincide with Friday the 17th of Ramadan, although they are not in the same year. Ath Thabari in his tafseer narrated that Hasan ibn ‘Ali said: “The Night of Furgan (distinguishing between the true and the false) is the day when the two armies meet on the 19th of Ramadan. “Al Qasthalani in his commentary on the hadeeth of Bukhari has narrated the difference of opinion among the scholars in determining that night. Some of them are of the opinion favored by Ibn Isaac, and he said that it was narrated by Ibn Abi Shaiba and Thabrani from the hadeeth of Zayd ibn Arqam. I am inclined to this view, because it is a night of great status and importance, so it is not possible for the Qur’an to forget to specify it, even by means of a hint. And the Qur’an has hinted at the best event, which is when it talks about the spoils of Badr, which is the day on which Allah honored the Muslims and revealed to them the wonders of His help, namely something that contains the glory of religion and elevates their status. It was the day when Allah honored Muhammad (s.a.w.) with his martyrdom. The Qur’an beautifully hints at this with the words of Allah:

Meaning: And to what We revealed to Our servant (Muhammad) on the day of Furgan, the day when two armies met.

As for the last day of the revelation of the Qur’an, Ath Thabari said in interpreting the words of Allah ta’ala ‘

Meaning: Today I have perfected for you your religion.

They said that it was the day of Arafat, the year of the farewell hajj.” After this verse, nothing was revealed to the Prophet about obligations, nor did he make anything lawful or unlawful. And he (s.a.w.) lived only eighty-one days after the revelation of this verse. This was narrated from Ibn ‘Abbas, As-Sudi, and Ibn Juraij. An Naisaburi in his tafsir narrated:

Ibn Abbas reported that he recited this verse and there was a Jew by his side, so the Jew said. “If it had been revealed to us on one day, would I have taken that day as a feast day? “Ibn Abbas said: “Verily, this verse was revealed on two feasts that coincided in one day, namely Friday, which falls on the day of ‘Arafah”.

The Qur’an was revealed in groups of polytheists. The Qur’an has mentioned that and answered it. In Surah Al Furqan Allah says:

Meaning: The disbelievers said: “Why was not the Qur’an revealed to him in a single descent?” “Thus, that We may strengthen your hearts with it and that We may recite it group by group.

In Surah Al Isra” Allah says:

Meaning: And the Qur’an We have revealed gradually so that you may recite it slowly to the people and We have revealed it part by part.

The period of the revelation of the Qur’an is divided into two different parts, namely :

1. The period of his stay in Makkah was 12 years, 15 months and 3 days, from the 18th of Ramadan in the year 41 to the beginning of the month of Rabi’ul Awwal in the year 54 of his birth. The verses of the Qur’an that were revealed during this period are called Makkiyah.

2. The period after his hijrah, which was 9 years, 9 months and 9 days, from the beginning of the month of Rabi’ul Awwal in the year 54 to the 9th Dhul Hijjah in the year 63 of his birth, or the year 10 Hijriyyah. The verses of the Qur’an that were revealed during that time are called Madaniyyah. The Makkiyah Qur’anic verses are about 19/30 of the Qur’an, and the Madaniyyah ones are about 11/30 of the Qur’an.

The Madaniyyah surahs are:

1. Al Bagarah.
2. Ali Imran.
3. An Nisa”.
4. Al Maidah.
5. Al Anfal.
6. At Taubah.
7. Al Hajj.
8. An Nur,

9, Al Ahzab.

10. Al Qital.
11. Al Fath.

12: Al Hujurat.

13. Al Hadid.
14. Al Mujadalah.
15. Al Hashr.
16. Al Mumtahanah.
17. Ash Shat.
18. Al Jum’ah.
19. Al Munafiqun.
20. At Taghabun.
21. Ath. Thalaq.
22. At Tahrim.
23. An Nashr (Idzaa jaa-a nashrullahi wal fath).

In addition to the 114 surahs of the Qur’an, the first surah is Al Fatihah and the last surah is An Nas.

Surat is a level of levels An Nabighah said:

Meaning: Do you not see that Allah has given you a level (degree), you see every king pacing under it.

He meant that God has given you a level of glory that no other king could reach. . “

Some of them have memorized surahs of the Qur’an (. ) and its meaning according to the language is a piece of the Qur’an that is an excess of something else, so the meaning of su’rah from something is something that is taken out and is the remainder that is taken. Hence, the excess that a person drinks, which is taken out and stored in a place, is called su’rah. From this understanding, the words of A’sha Tsalabah in describing a divorced woman, she is taking out the residue of her feelings:

Meaning: He has been divorced and left a broken heart over the distance.

And Tsa’labah said that too:

Meaning: He has divorced and left the need for her in the soul after making out, and the best of love is something that is useful.

Each of these surahs has a specific name. Some of them are named after their beginnings and this is the most common name for the surahs of the Qur’an such as Surah Al Anfal (The spoils of war) which begins : :

Meaning: They ask you about the spoils of war.

Surah Al Isra” (Running in the night) whose Beginning :

Meaning: Glory be to Allah who made His servant travel one night.

Surah Thaha which begins :

Meaning: Thaha, We have not sent down this Qur’an to you so that you may be distressed.

Surah Al Mu’minun (The believers) whose beginning :

Meaning: Indeed, fortunate are those who believe.

Surah Al Furqan (The Distinguisher) whose beginning is :

Meaning: Glory be to Allah who has sent down Al Furqan (the Qur’an) to His servants.

Surah Ar Rum (Roman Nation) whose beginning is :

Meaning: Alif Laam Miim. The Roman nation has been defeated. In the nearest land: And they will be victorious after they are defeated.

Surah Fathir (The Creator) whose beginning is :

Meaning: All praise is due to Allah, the Creator of the heavens and the earth, and so on.

In the Qur’an there are 35 surahs that are named after something that is not mentioned at the beginning of the surah, for example Surah Al Bagarah (The cow) where the story of the cow is only mentioned in the surah after the 65th verse. The story of Imran’s family is mentioned in the surah (Ali Imran = Imran’s family) after the 32nd verse. In Surah An Nisa” (Women) it is only mentioned about women after a few verses from the beginning. And the story of the maidah (dish) is mentioned in Surah Al Maidah (Dish) after the 120th verse, which is near the end of the surah. And so on.

This discussion of the reasons for choosing the names of the surahs is repeated, but it is the beginning of the surah that is favored, whether it is the recitation or the descent, based on looking at most of the surahs. This is because the revelation of the Qur’an was not in the order of the surahs or verses, as will be discussed later.

The Qur’an was revealed to the Prophet (s.a.w.) in five verses, ten verses and sometimes more or less than that. It is true that the verses of the false story were revealed ten verses at a time, and the beginning of Surah Mu’minum was revealed ten verses at a time. It is also true that the :

Meaning: Those who have no excuse.

from the word of God:

Meaning: Not equal are those mu’min who sit (who do not fight) who have no excuse with those who strive in the cause of Allah with their wealth and their souls.

This is also what Allah ta’alah says:

Meaning: And if you fear poverty, then Allah will give you wealth from Him, if He wills. Verily, Allah is All-Knowing and Wise.

after the words of Allah ta’ala :

Meaning: Verily, the polytheists are unclean, so let them not approach the Sacred Mosque after this year.

The state of the Prophet s.a.w. was ummi, unable to read and unable to write. This is indicated by the word of Allah in Surah Al “Ankabut :

Meaning: And you have not read before (the Qur’an) nor written any book nor have you ever had a book with your right hand. If (you had read and written), surely those who deny (you) would doubt.

He received the Qur’an from the angels by rote, as indicated by the words of Allah ta’ala in Surah al-Qiyamah :

Meaning: Do not move your tongue to (read) the Qur’an for the sake of speeding it up. Indeed it is on Us to gather it (in your bosom) and (make you good at) reading it. When We have finished reciting it then follow its recitation. Then it is on Us to explain it.

Allah says in Surah Thaha:

Meaning: And do not hasten to read the Qur’an before it has been revealed to you in perfection. And say: “O my Lord, increase me in knowledge”.

Allah says in Surah Al A’la:

Meaning: We will recite (the Qur’an) to you (Muhammad) and you will not forget, unless Allah wills. Verily, He knows the obvious and the hidden.

And Allah says in Surah Al Hijr. :

Meaning: Verily, it is We who have revealed the Qur’an and verily, it is We who maintain it.

When he had understood and memorized the verses, they were conveyed to the people and he ordered one of the scribes (kuttabul wahyi) to write them down in his presence on palm fronds, sometimes on thin stones or on paper. He had well-known scribes who wrote for him. Some historians say that there were twenty-six of them. Al Halabi quoted Al Iraqi’s account that there were forty of them. Some of them were with the Prophet throughout the entire period of his rule of law, and some of them wrote for him occasionally, either a little or a lot. The famous scribes are the four caliphs (Abu Bakr, Umar, Uthman, and Ali), Amir bin Fuhairah who wrote letters to kings and others, Ubaiy bin Ka’ab the first scribe from among the Ansar in Madinah and he used to write down revelations and he was one of the fuqaha’ who always wrote during the Prophet’s time, Tsabit b. Shammas, Zaid b. Tsabit, Mu’awiyah b. Abu Sufyan and his brother Yazid, Mu’awiyah and Zaid b. Tsabit were the ones who used to write down revelations and other things in the presence of the Prophet (peace be upon him). and that was the job of those two men, Mughirah b. Shu’bah, Zubair b. Awwan, Khalid b. Walid, Ala” b. Al Hadhrami, Amr b. Asii, Abdullah b. Al Hadnrami, Muhammad b. Maslamal and Abdullah b. Ubaiy b. Salul,

The writing of the Qur’an was always in the residence of the Prophet (peace be upon him) while the authors of the revelation were also writing for themselves. In writing it the Prophet always indicated the place of each verse in a letter. So that the memorization of the ummi (people who cannot read and cannot write), the sheets (notes) of the authors of revelation, and the writings of the Qur’an that are in the residence of the Prophet s.a.w. all of them help each other (help each other) in -maintenance of revelation revealed by God. And there is no difference of opinion among the scholars about the order of verses in a Surah which is tauqifi, with the Prophet’s command. |

This period has passed but the Qur’an has not been collected in one mush-haf. Some of the Qurra’ (reciters of the Qur’an) had memorized the entire Qur’an by heart, such as Abdullah bin Mas’ud who was among the first to enter Islam and accompanied the Prophet throughout the prophetic period, Salim bin Ma’gil maula Abu Hudzaifalr who was like Abdullah bin Mas’ud (Ibn Mas’ud) in his conversion to Islam and in accompanying the Prophet, Mu’adz bin Jabal, Ubaiy bin Ka’ab bin Tsabit, Abu Zaid of which four were from Ansnar, Abu Darda” and others. And most of the companions memorized parts of the Qur’an.

HOW DID THE QUR’AN DESCEND?

The verses of legal guidance are the verses of law that were revealed to the Messenger of Allah (s.a.w.). The verses are generally answers to events in the Islamic society. These events are known by Asba. bun Nuzul (the causes of the revelation of the Qur’anic verse). A number of exegetes have taken pains to discuss it by compiling books on the subject and have made the Asbabun Nuzul a basis for understanding the Qur’an, and we will deal with it in detail in the periods to come.

Sometimes they are revealed in response to questions asked by some of the mu’min. And a few legal verses were revealed as beginners. We have given examples for each of them:

1. The Messenger of Allah s.a.w. sent Martsad Al Ghanawi to expel the weak Muslims: from Mecca. When he arrived in Mecca a rich and beautiful polytheist woman offered herself to him but he (Martsad) turned away from her out of fear of Allah. Then she consulted him as to where she wanted to marry him, to which he replied that it depended on the permission of the Messenger of Allah (s.a.w.). When he (Martsad) arrived in Medina, he brought the matter to the Prophet’s attention and asked him to allow him to marry her. So the words of Allah ta’ala were revealed in Surah al-Baqarah:

Meaning:

Do not marry polytheist women before they believe; indeed, a mu’min slave woman is better than a polytheist woman, even if she attracts you. And do not marry polytheists (to mu’min women) before they believe; surely a mu’min slave is better than a polytheist, even if she attracts you. They invite to paradise and forgiveness with His permission. And Allah explains His verses (His commands) to men that they may learn.

2. There are many rulings in the Qur’aan that come after problems that arise between the mu’min and others. Some of these are the words of Allah, may He be exalted, in Surah al-Baqarah:

Meaning:

They ask you about alcohol and gambling. Say: “In both there is great sin and some benefit to man, but the sin of both is greater than the benefit. “And they ask you about what they spend. Say: “That which is more than is necessary”. Thus Allah explains His verses to you so that you may think (about the world and the Hereafter). And they ask you about orphans, say: “To deal with them properly is good, and if you have intercourse with them, then they are your brothers, and Allan knows those who make mischief from those who make amends,

And if Allah wills, He can make it difficult for you. Indeed, He is the All-Powerful, the All-Wise. Do not marry polytheist women before they believe: surely a slave woman who is a mu’min is better than a polytheist woman, even if she attracts you. And do not marry polytheists (to polytheist women) before they believe: surely a mu’min slave is better than a polytheist even if he attracts you, they invite to hell while Aliah invites to paradise and forgiveness with His permission. And Allah explains His verses (His commands) to men that they may learn. They ask you about menstruation, Say: ‘Menstruation is an impurity. Therefore abstain from women during their menses: do not approach them until they are pure. When they are pure, then mix with them where Allah has commanded you. Surely Allah loves those who purify themselves?

God says:

Meaning:

They ask you about fighting in the Haram month. Say: Fighting in that month is a grave sin but to obstruct (people) from the way of Allah, to disbelieve in Allah (to block the entrance to) the Sacred Mosque and to expel its inhabitants from its surroundings, is greater (sin) in the sight of Allah. And slander is a greater sin than killing.

In Surah An Nisa: . 

Meaning: “They ask you for a fatwa (about kalalah). Say: ” Allah gives you a fatwa on kalalah” and other verses. As for the rulings that were revealed without any event or question, they are few and far between. Rarely do we find a ruling that the commentators do not mention the event that led to its revelation. ,

DIFFERENCES – DIFFERENCES BETWEEN MAKKI AND MADANI.

We have already stated that there are two periods of the Qur’an’s revelation: the period before the Hijrah and the period after the Hijrah. There are differences between Makki and Madani, which, if the student knows them, will enable him to distinguish between them. Some of these differences are:

1. Globally, the Makkiyah verses are short, unlike the Madaniyah verses. This is evident from the fact that the Madaniyah surahs, which are more than 11/30 of the Qur’an, have a total of only 1456 verses, which is less than a quarter of all the verses in the Qur’an. Some examples that show this are Juz Qad Sami’a, which is entirely Madani with 137 verses. Juz Tabarak is Makki with 631 verses, Juz ‘Amma is Makki with 57 verses. Surahs Al Anfal and Ash Shu’ara are each half a juz, where the former is “Madaniyah with 75 verses, while the latter is Makkiyah with 227 verses.

This difference is according to the general rule, where there are sometimes long verses in some of the Makkiyah verses and mostly in the long surahs.

2. The khithab (address) to the people in the Madaniyah verses is usually with the words of Allah Ta’ala :

    O you who believe) and a few of His words    (O people). The khithab in the Makkiyah verses is the opposite. We do not see in the Makkiyah surahs, while in the Madaniyah surahs there are             seven times, namely :

1. Meaning: O People, worship your Lord.

1. Meaning: O mankind, eat what is lawful and good from what is found on the earth. Both in Surah Al-Baqarah.

1. Meaning: O mankind, fear your Lord.

1. Meaning: If Allah had willed, He would have destroyed you, O people.

1. Meaning: O mankind, surely the Messenger (Muhammad) has come to you with a right from your Lord.

1. Meaning: O people, verily there has come to you proof of the truth from your Lord (Muhammad with his mu’jizat).

1. Meaning: O mankind, indeed We created you from a male and a female.

3. In the Makki verses there is no detailed legal guidance at all. But most of what comes in these verses goes back to the first goal of religion, which is to glorify Allah.

The Prophet (s.a.w.) was sent to perfect it, then the examples that have befallen the nations of the past when they deviated from what (religion) their prophets called for.

As for the detailed legal guidance, most of it comes in the Madaniyah verses. The Qur’an governs three matters:

1. Something that relates to faith in Allah, His angels, His books, His messengers and the Last Day. This is the subject of kalam or ushuluddin.

2. Something that relates to the actions of the heart and abilities, namely the encouragement of noble morals. This is the discussion of the science of morals.

3. That which relates to the actions of the members of the body, namely commands, prohibitions and instructions to vote. This is the discussion of the fuqaha’.

PRINCIPLES OF ISLAMIC LAW DEVELOPMENT IN – AL QUR’AN

The Qur’an makes it clear that it was revealed only to improve human affairs. Hence came the commandments and prohibitions:

Meaning:

The Prophet enjoined them to do what is right and forbade them from doing what is wrong, and permitted them all that is good and forbade them all that is evil.

In the development of Islamic law has been maintained three basic (principle):

1. Doesn’t make it difficult.
2. Minimize the load.
3. Gradual in building the law.

NOT Narrow Haraj in Arabic means narrow. The proofs that this Shari’ah is based on eliminating narrowness are many. Such as the words of Allah Ta’ala which characterize the Messenger s.a.w. -:

 Meaning:

And remove from them the burdens and shackles that are upon them.

God’s word teaches us to pray with :

Meaning:

O our Lord, do not lay upon us a heavy burden as you laid upon those who were before us. O our Lord, do not impose on us what we cannot bear. 

In Al Hadith.

Meaning: Allah Ta’ala says: I have indeed done.

Allah’s Word:

Meaning:

Aliah does not burden a person but according to his ability.

God’s Word: 

Meaning:

Allah wills leniency for you and does not want narrowness for you.

God’s Word:

Meaning:

He has not made for you a hardship in religion.

God’s Word:

“Meaning: Allah wants to give you relief, because man is made weak.

And the word of Allah:

Meaning: Allah does not want to make things difficult for you.

In

Meaning: I was sent with a light religion.

And the attributes of the Prophet a.s.: : “He was not told to choose between two things unless he chose the easiest of the two while not sinning”.

As for other verses and ahaadeeth, the fuqaha have counted them as one of the points that are taken into account by sharee’ah and from which they derive many rulings, and they are among the points that can be ascertained.

For this reason, rukhshah (concessions) are prescribed, such as breaking the fast for the traveler, permitting something that is haraam in cases of necessity, and the practice of ta’amum.

MINIMIZE THE LOAD

Minimizing burdens is a necessary result (logical consequence) for the absence of hardship, because in many burdens it results in constriction.

The one who devotes himself to the Qur’an and looks at the commands and prohibitions in it will surely accept this basic truth, because looking at it makes it possible to know it at a glance and it is easy to put it into practice, and there are not many details, so that the number of details does not cause difficulties for those who want to hold on to the strong book of Allah. Some of the verses that indicate this are the words of Allaah in Surah al-Maidah :

Meaning:

O you who believe, do not ask (of your Prophet) those things which are explained to you, lest they trouble you; and if you had asked at the time the Qur’an was being revealed, it would have been explained to you. Allah forgives (you) of those things. Allah is Oft-Forgiving, Most Merciful.

Indeed, a group of people before karmnu had asked such things (of their Prophet), then they became disbelievers because of it,

These forbidden things are things that Allah has forgiven them, i.e., He has kept quiet about them. If they had not asked about them, they would have been forgiven for not doing them. They may choose to do it or leave it, part of which is what the Prophet (peace and blessings of Allaah be upon him) said when asked about Hajj: Is it every year? So he said:

Meaning: Had I said yes, Hajj would have been obligatory. Let me leave out something that I have left out of you. Indeed, the corruption of those before you was due to their questioning and disbelief in their prophets.

The words of the Prophet (peace and blessings of Allah be upon him) point to this ta’wil:

Meaning:

The greatest sin a Muslim can commit against another Muslim is if he asks about something that is not forbidden to him, then that thing is forbidden because of his question.

And he said:

Meaning:

Verily, Allah has enjoined some fard, so do not neglect them. He has set limits, so do not exceed them. He has forbidden something, so do not transgress it, and He has withheld something as a mercy for you, not because of forgetfulness, so do not seek it.

There will be more detail on this in the chapter on the Sunnah and its relationship to the Qur’an.

There will be more detail on this in the chapter on the Sunnah and its relationship to the Qur’an.

GRADUALLY IN BUILDING THE LAW

When the Prophet (s.a.w.) came, the Arabs had established their customs, some of which were good (appropriate) to preserve and did not harm the formation of the nation. Some of them were so harmful that Shari’ah (the creator of Shari’ah) wanted to keep them away from them. The wisdom of Shari’ah in dealing with this is to gradually, little by little, explain His laws and to perfect His religion. Those who reflect will not see that the end of something cancels out its beginning. This will become clear from the following example.

The Prophet was asked about alcohol and gambling, both of which were established customs among them. So he answered them with the Qur’anic verse in Surah Al-Baqarah :

Meaning:

There is great sin in both of them and some benefit to people, but their sin is greater than their benefit.

And the verse does not explain the demand for its death, although someone with a deep soul who knows the secrets of tashri’ will understand from this verse, because something that has many sins is forbidden to be done because it contains only evils, while the place of prohibition and prohibition is the victory of good over evil. Then the Qur’an explains to them about praying while drunk so that they do not know what they are saying. Allah says in Surah An-Nisa’ :

Meaning:

O you who believe, do not pray while you are drunk, so that you understand what you are saying.

This prohibition does not invalidate the first one, rather it reinforces it.

Then the Qur’an explains the prohibition as a firm decision to a law, with the words of Aliah in Surah Al Maidah:

Meaning:

O you who believe, verily (drinking alcohol, gambling, (sacrificing) to idols, casting lots with arrows, are abominable deeds among the deeds of Satan. Therefore, avoid them so that you may have good fortune (success).

Verily, the shaytaan intends to stir up enmity and hatred among you by reason of drinking and gambling, and to prevent you from the remembrance of God and prayer. So will you cease (from doing that work)?

On the basis of gradually building the law, another point is found, namely global and then detailed. This will become clear when comparing the legal development according to Makki and Madani. Legal development according to Makki is global (outline) only a little bit of the Qur’an expresses the laws in detail (detailed). As for the legal development according to Madani, the Qur’an has set forth in it many legal details compared to Makki, especially those related to property. Hence we see that most of the verses from which rulings are derived are Madaniyah, while the Makkiyah verses are only (explaining) rulings that preserve the creed, such as the prohibition of sacrifices on which the name of Allah is not mentioned.

THE VALIDITY OF THE QUR’AN

The Qur’an is the foundation of religion, it is the strong rope of Allah that we are commanded to hold on to.

Meaning: And hold fast all of you to the rope (religion) of Allah, and do not be divided.

This definition is almost a religious necessity (dharuriyah) for which there is no need to establish information on it, but here is a matter that must be considered and carefully written so that the information reaches its final point, namely: do any of the verses of the Qur’an cancel the burden because the place is occupied by another burden? Or in other words, are any of the verses of the Qur’an abrogated, so it is not obligatory to apply them?

This is a major issue, and it is obligatory for the one who speaks about it to provide a definite proof. Once it has been established that the Qur’an is a sure proof, it is obligatory for the speaker to adhere to its texts, so I would like to add to the clarity of this matter, and I hope that Allah will help me to do so.

Definition of nasakh.

According to fuqaha’ terminology, the matter is defined by two meanings:

1. Nullifying the ruling derived from an earlier text with a text that comes later. An example is what comes in the hadith :

Meaning: I used to forbid you from visiting the graves, so visit the graves. The first text demands the prohibition of visiting graves, while the second text removes the prohibition and takes the position of permitting (ibahah) or requiring (thalab).

2. Eliminating the generality of the previous text – or limiting its absoluteness, such as the words of Allah Ta’ala in Surah al-Baqarah :

Meaning:

Women who are divorced should refrain (wait) three times for teachers”.

Then Allah says in Surah Al Ahzab:

Meaning:

O you who believe, if you marry believing women, and then divorce them before you have intercourse with them, then by no means is ‘idah (waiting period) obligatory for you if you ask them to complete it.

The first text is ‘am (general) and refers to a woman who has had intercourse and so on, while the second text specifies the ruling for a woman who has not had intercourse. This is also what Allah, may He be exalted, says in Surah An-Nur:

Meaning:

And those who accuse good women (of adultery) and they do not bring four witnesses, then they (the accusers) shall be flogged eighty times.

Then Allah said something along those lines:

Meaning: And those who accuse their wives (of adultery), and they have no witnesses but themselves, then the testimony of that man shall be four times sworn by the name of Allah, that indeed he is of the truthful.

The first text is general and applies to all those who exchange wives and non-wives, while the second text makes a specific ruling for husbands, in which taking five oaths takes the place of four witnesses, and makes the witnesses exempt from adultery by taking five oaths. An example of absolute restriction is what Allah, may He be exalted, says in Surah al-Maidah :

Meaning:

It is forbidden for you to eat carrion and blood.

And Allah says in another verse, in Surah Al An’am :

Meaning:

Say: I have not found in the revelation revealed to me anything that is forbidden to the one who wants to eat it, unless it is carrion, or flowing blood,

The first text is absolute for forbidden blood and the second text limits it to spilled blood.

This second type is found in the Qur’an without any contradiction, whether we know from the history of the verse that ‘am and absolutes came earlier in the verse than khas and mugayyad, or whether they came later in the verse, or whether we go along with some of the fuqaha who decided that the intervening khas and muqayyad supersede ‘am and absolutes, or we go along with those who call them takhsis and taqyid, Because these names are not important to us after the agreement on the existence of the thing we are naming, and it is sufficient to say that ‘am and absolute are not subject to annulment, because what is ‘am is always a proof in cases other than those indicated by the khas for its departure from the scope of the khas: This goes back to the point that we have established in the development of Islamic law, which is the gradual development of rulings and the revelation of verses, and when the religion is perfect, then we take the ‘am and the unique as if a single text that is ‘am is like mustatsna minhu (something that is excluded from it) and the unique is like mustatsna (something that is excluded). Hence it is something that the Qur’an does not claim to indicate the earlier and later of the two texts, and it is something that the Sahaabah did not claim to know, because the entire book (of the Qur’an), as we have stated, is one thing.

With regard to the first type, there is a text in the Qur’an that annuls the ruling, or according to the good word, the scope of the ruling ends and what remains is only the nature of the warning that is recited and occupies the mind.

The invalidation of the later text over the earlier text is dependent on two things:

1. That the later text implies that it abrogates the earlier one.

2. There is a contradiction between the two texts that makes it impossible to reconcile them. Is there anything of this kind in the texts of the Qur’an? With regard to the first type, there is nothing of this kind in the Qur’an at all, except for three places where, before the verses are discussed, it is possible that they corroborate the view of the majority who say that there are mansukh in the Qur’an.

Allah says in Surah Al Anfal:

Meaning:

O Prophet: Encourage the mu’min to fight. If there are twenty patient men among you they can surely defeat two hundred enemies. And if there are a hundred patient men among you they can defeat a thousand of the disbelievers, because the disbelievers are a people who do not understand.

Then Allah says in the next verse:

Meaning:

Now Allah has made it easy for you and He has known that there is weakness in you, so if there are a hundred patient men among you, they will overcome two hundred, and if there are a thousand patient men among you, they will overcome two thousand with the permission of Allah. And Allah is with those who are patient.

The noun in these two verses is choice, while the purpose is to make. In this Surah Allah says:

Meaning:

O you who believe, when you meet the enemy, then be steadfast.

Allah has willed to place a limit on this absolute matter. Indeed, Allah requires steadfastness in all circumstances regardless of the number of Muslims and the number of those who fight against them. The first verse limits the obligation to be steadfast (when) there are tenfold before it, in that it does not come with a clear command as it came before, namely :  Rather, the command comes in the form of a message, for the purpose of encouraging them and igniting passion in their chests.

Then comes the second verse, which is stated with a sign of relief, because Allah knows the weakness in them. What is meant by knowing here is revealing, i.e., that there is a weakness among them that did not exist in the past, because if it had existed in the past, Allah would not have made a place for the previous ruling. It is this new weakness that calls for leniency. If we say that we attribute the second text to the first text, then the text is alleviated because of the new situation, and the ruling of the first text remains when the new situation disappears. If there is no weakness mentioned by Allah as a reason for leniency in a group, then it is obligatory for him to stand firm tenfold.

The corroboration for this view is that the twenty people mentioned in the first text are characterized by patience, and the one hundred people are also characterized by patience. If the attribute of patience is present, then the first ruling remains, because patience is one of the requirements of the first group, and patience is material and spiritual strength. If we say that the first text is ‘am in all cases, then the first text is null and void, and this is far off. Similar to these two verses are the words of Allaah in Surah al-Muzammil:

Meaning:

O you who are covered (Muhammad). Rise (for prayer) at night, except for a little (of it). (That is) one-half of it or a little less than one-half of it. Or more than half. And recite the Qur’an slowly. Verily We have revealed to you a heavy word (the Qur’an). Indeed, to rise at night is more appropriate, and the recitation at that time is more effective. Verily, you have a long day of business.

Then Allah says at the end of the letter:

Meaning:

Verily your Lord knows that you stand up (for prayer) less than two-thirds of the night, or one-half of the night, or one-third of it, and (so do) some of those who are with you. And Allah established the measure of the night and the day. Allah knows that some of you will not be able to determine the limits of time, so He has given you relief, so read what is easy (for you) from the Qur’an, knowing that there will be among you those who are sick and those who walk the earth seeking some of the bounty of Allah: and others who fight in the way of Allah. So recite what is easy (for you) of the Qur’an and establish worship, pay the zakat.

The first verse is a clear text in requiring getting up in the part of the night that is close to half the night and it explains the reason for this obligation, while the discussion in the verse is addressed to the Prophet. The second verse shows that the Prophet always carried this burden, as did the group that was with him. Then Allah knew that there were three groups among those mentioned. Hence the obligation was limited to the recitation of the easy Qur’an.

If the first text is specific to the Prophet (peace and blessings of Allaah be upon him) and his Companions, who kept watch at night because they were following him, and the concession is specific to them for that reason, then the first text is not abrogated, but its ruling is permanent, and it is attributed to the Prophet (peace and blessings of Allaah be upon him). The first text is not abrogated, but its ruling is eternal, and it is attributed to the Prophet (peace and blessings of Allaah be upon him). If we say that the first text is ‘am then the first text is mansukh, and that is far off.

The third is the words of Allah Ta’ala in Surah Al Mujadalah :

Meaning:

O you who believe, when you hold a special conference with the Messenger, give alms (to the poor) before the conference. That is better for you and cleaner. 5 If you cannot find anything to give in charity, then surely Allah is Oft-Forgiving, Most Merciful.

Then Allah says in the letter itself:

Meaning:

Do you fear that you will become poor because you gave charity before your conversation with the Messenger? So if you have not done so, and Allah has granted you repentance, then pray, give alms, and obey Allah and His Messenger.

The first verse confirms the giving of charity before the talk, and the second removes the confirms without explaining the abrogation, which allows it to be applied to the first, which is telling us that the text that comes later nullifies the previous text. You know that the three texts are not decisive.

As for the second way, it is to rely on the nasakh because there are two contradictory texts and there is no room for interpreting one of them. It is difficult to see anything like that in the Book of Allah. We have given our opinion on the verses that are said to be mansukh, in response to what the scholars have said in our book entitled: “Ushul fiqh”. Check it out if you wish.

One of the scholars who prevented the existence of mansukh in the Qur’an was Abu Muslim al Ashfahani, a great exegete. And we have reviewed his opinions in the tafseer of Ar Razi, from the gaps in the words of Ar Razi it appears that he is inclined to the opinion of Abu Muslim in this matter.

THE LANGUAGE STYLE OF THE QUR’AN IN DEMANDING

(THALAB) AND TOLD TO CHOOSE

(TAKHYIR)

The Qur’an does not stick to one style of language in demanding and enjoining choice. We think it is useful that we bring before you the different styles of language after our research.

Order.

The Qur’an in demanding deeds (amal) has a number of language styles, namely :

1. A clear command, such as the words of Allah Ta’ala in Surah An Nahl :

Meaning:

Verily, Allah enjoins (you) to be righteous and just, and to do good, and to give to your relatives.

In Surah An Nisa’:

Meaning: Verily, Allah enjoins you to deliver the mandate to those who are entitled to it, and (enjoins you) when determining the law among the people that you determine it justly.

2. The announcement that the action is obligatory upon the person being spoken to, as Allah says in Surah al-Baqarah :

Meaning:

The gishash is obligatory on you with regard to those who are killed.

Meaning:

It is obligatory upon you, when death comes to one of you, if he leaves behind a large estate, to make a will.

Meaning:

It is obligatory upon you to fast.

Meaning:

And they invented the rahbaniyyah. We did not make it obligatory upon them.

Meaning:

Allah has established the law as His decree upon you.

Meaning:

Verily, prayer is a fard that has a fixed time.

3. Notification that the work is obligatory upon people in general or upon a specific group, such as :

Meaning:

Performing the Hajj is a duty incumbent upon mankind towards Allah: that is, upon those who are able to travel.

Meaning:

And it is the duty of the father to feed and clothe the mothers in a manner that is just.

Meaning:

And the heirs are obligated to do so as well.

Meaning:

To the divorced women (should be given by their husbands) mut’ah according to ma’ruf, as an obligation for the pious.

4 – Imposing the required action on the person from whom it is required, as Allah, may He be exalted, says (interpretation of the meaning):

Meaning:

Women who are divorced should refrain (wait) three times for teachers”.

Meaning:

Those who die among you leaving wives (let the wives) suspend themselves (in iddah) four months and ten days.

This style follows something that reinforces the claim and something that shows the absence of certainty, such as :

Meaning:

Mothers should breastfeed their children – for two full years for those who wish to complete breastfeeding.

5. Demanding with the form of demand, which is fi’il amr or mudlari’ accompanied by a lam, such as :

Meaning:

Keep all your prayers and keep the wustha prayer. Stand up for Allah (in your prayers) with solemnity.

Meaning:

Then (after slaughtering), let them remove the impurities from their bodies, and let them fulfill their vows, and let them circumambulate the old house.

6. Expressing with fardlu, such as :

Meaning:

Indeed We have known what We have obliged them with regard to their wives and the slaves they have.

7. Mentioning the action as an answer to the ‘sharath, and this is not ‘am like :

Meaning: If you are besieged (blocked by enemies or because of illness), then (slaughter) a sacrifice that is easily available.

Meaning:

If any of you is sick or has a problem with his head (and he shaves), then he is obliged to make up for it by fasting or giving charity or making a sacrifice.

Meaning:

And if (the debtor) is in difficulty, then give him a respite until he is able.

8. Mentioning an action accompanied by a good deed, such as :

Meaning:

And they ask you about orphans, say: It is good to deal with them in a proper manner.

9, Mentioning actions accompanied by promises, such as:

Meaning:

Whoever lends to Allah a good loan (interpreting his wealth in the way of Allah), then Allah will multiply the payment to him with a large double.

10. Describing an action as good or associated with goodness, such as :

Meaning: But the good is to believe in Allah.

Meaning:

But that service is the service of the pious.

Meaning:

You have not attained to (perfect) devotion until you spend some of the wealth you love.

‘Likewise, in preventing actions, the Qur’an has several styles of language, namely :

1. A clear prohibition, such as :

Meaning:

And forbidding evil deeds, wrongdoing and hostility.

Meaning:

Verily, Allah only forbids you to take as your friends those who fight you for religion and drive you out of your land and help (others) to drive you out.

2. Forbidding such as:

Meaning:

My Lord has only forbidden abominable deeds, both apparent and hidden, and sins, and violating the rights of men without just cause, (forbidding) you to associate partners with Allah for which Allah has not revealed a proof, and (forbidding) you to invent against Allah what you do not know.

Meaning:

 Say: Let me recite to you that which your Lord has enjoined upon you.

Meaning:

That is forbidden to those who are mu’min.

3. Not halal, such as :

Meaning: It is not lawful for you to use women by force.

Meaning:

It is not lawful for you to take back what you have given them, unless you fear that they will not be able to fulfill the laws of Allah.

Meaning:

They should not conceal what Allah has made in the womb.

4. The prohibition form, which is fi’il mudlari’ preceded by la nahi, or fi’il amar which indicates the demand to prevent, such as :

Meaning:

And do not approach the property of orphans, except in a way that is more beneficial.

Meaning:

And leave behind sins that are visible and hidden.

Meaning:

Do not pay attention to their harassment.

5. Negating the goodness of an action, such as :

Meaning:

It is not good to turn your face towards the east and west.

Meaning:

And it is not a service to enter houses from behind them.

6. To negate an action, such as:

Meaning:

If they cease, then there is no hostility except against the wrongdoers.

Meaning:

So whoever sets his intention during that month to perform Hajj, it is not permissible to make rafats, commit immoral acts, and argue during the period of performing Hajj.

Meaning:

Let not a mother suffer misery for her child, nor a father for his child.

7. Mentioning actions accompanied by sin, such as :

Meaning:

So whoever changes the will,

He has heard it, then the sin is on those who change it.

8. Mentioning actions accompanied by threats, such as:

Meaning:

And those who store up gold and silver and do not spend it in the cause of Allah, then tell them of a painful punishment.

Meaning:

Those who eat (take) usury cannot stand but as one who is possessed by a demon because of insanity.

9. Characterizing an action as bad, such as :

Meaning:

Let not those who are stingy with the wealth that Allah has given them from His bounty think that stinginess is good for them. But it is bad for them.

In terms of what a person can do or not do, the Qur’an has several styles of language, namely :

1. Halal phrases that are attached or connected to an action, such as :

Meaning:

Cattle are forbidden to you. –

Meaning:

They ask you: “What is permissible for them?” Say: “Allowed to you is that which is good and that which is caught by wild beasts which you have trained to hunt.

Meaning:

On this day is lawful for you that which is good. The food of those who are given the Book is lawful for you, and your food is lawful for them.

2. Nullifying sins, such as :

Meaning:

But whoever is in necessity and does not desire it nor does he transgress, there is no sin on him. ,

Meaning:

qThen whoever hastens to depart (from Mina) on two days, there is no sin on him. And whoever wishes to delay (departure from Mina), there is no sin on him for the pious.

Meaning:

 (But whoever fears that the testator may be partial or sinful, and reconciles between them, there is no sin on him.

3. Eliminating blame (not blaming), such as :

Meaning:

There is no sin on those who believe and do righteous deeds for eating the food they used to eat, if they fear and believe and do righteous deeds, then they continue to fear and believe, then they (also) fear and do righteous deeds.

Meaning:

There is no sin on you nor on them apart from these (three times).

Meaning: Verily, Shafa and Marwa are some of the shrines of Allah. So whoever makes Hajj to the House of Allah or performs ‘Umrah, there is no sin on him for doing sa’i between them. .

The number of rulings in the Qur’an.

The Qur’an contains various actions that are imposed on the mukallaf :

1. The interaction between Allah and the slave, which is worship that is not valid except with the intention. Some are acts of worship, such as prayer and fasting, some are acts of wealth and social worship, such as zakat, and some are acts of bodily and social worship, such as hajj. These four acts of worship, after faith, are considered the foundation of Islam.

2. The association between fellow human beings and it is customary to have several parts, namely:

1. The work to secure da’wah is jihad.
2. Work to build a household, i.e. something related to arranged marriages, divorce, offspring and inheritance.
3. Work for the association between people, whether buying and selling, renting and so on. That is what is known as mu’amalat. ‘
4. The work of explaining the punishments for criminal offenses, namely gishash and had. And the details will come later.

AS SUNNAH

We mean by the sunnah of the Messenger of Allah (s.a.w.) the collection of words, deeds or decrees that came out of him, and there is no doubt that the Messenger of Allah (s.a.w.) was a messenger from Allah:

Meaning:

O Messenger, convey what has been sent down to you from your Lord.

And an explanation from Allah of what He wills:

Meaning:

We have revealed to you the Qur’an, that you may explain to mankind what they have been taught and that they may think.

The Messenger of Allah (s.a.w) always explained what the Qur’an intended, sometimes by word alone, sometimes by deed alone and sometimes by both together, as he prayed and said:

Meaning:

Pray as you see me pray.

He performed hajj and said:

Meaning:

Take from me the practices of your hajj.

If so, then the sunnah is the clarifier of the Qur’an, explaining its globals, limiting its absolutes, and interpreting its ambiguities. In the Sunnah there is nothing except that the Qur’an has indicated its meaning by a global (ijmaliyah) or detailed (tafsiliyah) designation (dilalah). Some of these indications are very general, such as the obligation to follow the Prophet (peace and blessings of Allaah be upon him), which comes in the Qur’an, as Allah, may He be exalted, says (interpretation of the meaning):

Meaning:

What the Messenger gives you then accept him 5 and what he forbids you then leave it.

His word:

Meaning:

So by your Lord, they (in fact) do not believe until they make you judges of the cases they dispute, then they do not feel in their hearts any objection to the decision you give, and they accept it fully.

and His word:

Meaning:

Say: If you (truly) love Allah follow me, surely Allah will love you and forgive your sins, Allah is Forgiving, Merciful. Say: Obey Allah and His Messenger; if you turn away, then surely Allah dislikes the disbelievers.

Some of them are aspects that are well known among the scholars, such as the hadeeths in explaining rulings that are mentioned globally, sometimes indicating their conditions, or barriers, or supplements, or the like, such as the hadeeths about prayer, zakat, and so on, from what is found in the Sunnah as an explanation of the Qur’an. In part, the field of ijtihaad is that which lies between two clear ends, and the field of qiyas, which lies between the principle and the branch.

Including the first one is :

1. Allah has permitted good things and forbidden bad things. Between them there are things that are vague (musytabihat). The Prophet (may Allah’s peace and blessings be upon him) made clear that every wild animal with fangs and birds with hooves is forbidden, and he forbade eating the meat of tame animals. This is a return to the notion of equating bad things.

2. Allah has permitted non-intoxicating drinks, and He has forbidden intoxicating drinks, and between these two is something that is not essentially intoxicating but is close to it, namely nabidz (sap) made in dried gourds, barrels, vessels smeared with tir, etc., which is equated with drinks that are essentially intoxicating in order to close the way. Then it goes back to making something permissible in principle, such as water and honey.

So he a.s. said:

Meaning: I used to forbid you all from drinking nira so drink nira and every intoxicant is forbidden.

3. Allah permits game caught by wild animals that are taught. From this it is known that if a wild animal is not taught, its game is forbidden. If the beast catches it only for itself, then it is between these two points. A wild animal that is taught, however, eats the game that it catches, and its teaching implies that it catches only for the one who releases it, while eating the game implies that it is hunting for itself and not for the one who releases it, so these two points are contradictory, and the Sunnah clarifies them:

He s.a.w said:

Meaning:

When the chased animal eats (game) then do not eat it, for I fear that he catches it only for himself.

4. It is absolutely forbidden for the one who is in ihram to kill game, and it is obligatory to compensate the one who kills it intentionally, and it is absolutely permissible for the one who is not in ihram to kill game. The killing of game by one who is in ihram by mistake remains a matter of concern. So the Sunnah came along and equated intentionally and mistakenly in terms of the obligation to compensate. The examples of this are many, and we will cite many of them.

As for the field of qiyas, then indeed in the Qur’an there are basics (points) that point towards it:

1. Allah has forbidden usury, and the usury of the Jaahiliyyah is the payment of a debt for a debt. The creditor said that sometimes usury is paid and sometimes it is increased. So the Prophet (may Allah’s peace and blessings be upon him) said:

Meaning:

The usury of the Jaahiliyyah was abandoned. If this is the case, then the prohibition is only because the debt is increased without compensation, so the Sunnah equates with usury any addition that is equivalent to it.

He s.a.w. said.

Meaning:

Gold for gold, silver for silver, wheat for wheat, palm for palm and salt for salt, like for like, equal for equal, cash for cash. Whoever adds or exaggerates has committed robbery. If these are of different kinds, then sell them as you wish, if it is cash. 

Moreover, if a woman buys and sells different kinds of things, it is considered usury, because the woman wants more in one of her substitutions. And this sale and purchase comes under the ruling of the previous definition of taking advantage of something. This is because this kind of sale and purchase of the same kind is a substitute for something itself, because of the proximity of the benefits that are sought from it, so giving more than that is a substitute without any reward, and that is prohibited. There is usually no tempo in the exchange of goods except when they are given in return for an additional price, because giving up something that is available in exchange for something that is not available is just seeking a higher price, or in other words, seeking more. The question arises as to whether this is permissible with anything other than gold, silver and food, and not permissible with them. This is something that the mujtahids were uncertain about. Hence the Sunnah clarifies it, because if the Sunnah had not clarified it, it would have been left to the mujtahids, just as it was left to them to think about ijtihaad.

2. Allah forbids the joining together of a mother and her child and of two women sisters. The Qur’an explains:

And it is lawful for you to do other than that.

The Prophet (peace and blessings of Allaah be upon him) forbade the bringing together of a woman and her paternal aunt and maternal aunt on the basis of qiyas, because it implies what he intended, namely that he disapproved of bringing women together. A hadeeth has been narrated in this regard:

Meaning:

For surely when you do that you cut off your relatives.

The reason (illat) implies qiyas.

3. Allah mentions the diyat of the soul and does not mention the diyat of the limbs, and that is something that is difficult for the intellect to relate to. So the Hadith explaining the diyat is an explanation of that, as if he is walking on a path where the matter is difficult, and so on, the discussion of which will come.

In part, it is thinking about the Qur’anic propositions that are scattered but in a collective sense, because sometimes they are in different terms but contain a sense similar to maslahah mursalah and istihsan. If the Sunnah comes to apply this meaning, then it is known or assumed that it is derived from this collection of units, based on the evidence that shows that the Sunnah came to explain the Book (of the Qur’an).

This makes it possible to understand the position of the Sunnah in relation to the Book (Qur’an), which was received by the Companions when they were gathered together or when they were dispersed. Some of the Sunnah was received by a large group of people, and this is generally the case with the Sunnah of practice, which describes prayer, zakaah and Hajj. Some of the Sunnah was received by one or two people. Most of them memorized what they heard from the Prophet and did not write it down because of the inability to read and write (ummi) that was common among them. A few of them wrote down the narrated sayings like Abdullah bin Amr bin Ash, Ahmad in his musnad narrated from Abdullah bin Amr said: “I always wrote down everything I heard from the Messenger of Allah (s.a.w.) that I wanted to ‘memorize’. So the Quraysh forbade me and they said: You write down everything that we hear from the Messenger of Allah (s.a.w.) and the Messenger of Allah (s.a.w.) is a man who speaks in anger.

and pleased. So I curbed (stopped) from writing that and I mentioned it to the Messenger of Allah (s.a.w.) and he said:

Meaning:

Write for the sake of the One in whose power my soul is, nothing but the truth will come out of me.

The principle of legal development in this period:

1. The Qur’an that the Messenger of Allah (s.a.w.) conveyed to the people, which they memorized and wrote down. The number of ahkam verses is hardly more than 200 verses, most of which: you will find.

2. The information given by the Prophet s.a.w. is known as the Sunnah. His Sahabah received it directly and at that period it was not written down in the same way as the Qur’an.

We will present the rulings of the Qur’an in a global manner, along with information from the Sunnah, whose narration and practice are agreed upon by the majority of Muslims.

Here we will explain the rulings that come in the Qur’an because the Qur’an is the basis.

WELCOME

This word prayer is not of Islamic origin, as it was used by the Arabs before Islam came with the meaning of prayer and asking for forgiveness. Al A’sha said in describing khamer:

Meaning:

He surrounds the intoxicating amber, takes it out and there is a lid on it. The odor in the barrel compares with it, he prays and does not step from the barrel.

The definition of prayer is a supplication for khamr so that it does not sour and is not corrupted. Al A’sha said:

Meaning:

May it be upon you as I have prayed for then sleep, for for every man’s stomach has a bed.

This means that he tells her to pray for him as he prays for her, i.e. that she should repeat her prayers for him. And narrated,

Meaning:

May it be upon you as I pray for you, i.e. he (the man) prays for her (a woman).

The basis for taking the word prayer is of two kinds, namely :

1. From the word prayer with the meaning of fixed. It says:

Meaning:

He prays and performs prayer when he is fixed (on something).

And this understanding exists (sentence )

Meaning:

The one who is cast into Hell is when he remains (in Hell).

This is what Al Azhari agrees with, because prayer is keeping what Allah Ta’ala has enjoined, and prayer is the greatest of the fardlums that we are commanded to keep performing.

2. From Shalawain, the two devices that encircle the tail of the camel and its Jain. And in humans is the beginning of the meeting of the two pupils as if the two tools flanked the cowbone,

3. The third opinion states that the origin of the word prayer is mu’arrab (Arabicized foreign language) from shaluta which in Hebrew means the place of prayer. And the Qur’an has used this meaning. Allah Ta’ala says:

Meaning:

If Allah had not repelled some people from others, the monasteries of the Christians, the churches, the synagogues of the Jews and the mosques in which the name of Allah is mentioned would have been demolished.

And he recites the salawat as if he is praying in jamaa’. And the Arabs have taken these words and used them in the sense of prayer and asking for forgiveness, including chapters using the names of places and situations, and this is well known and popular among them.

These words have been used in the Qur’an with the meaning of the Arabs. Allah Ta’ala says:

Meaning: And pray for them: for your prayers will give them peace of mind.

And Allah says:

Meaning:

Verily, Allah and His angels make peace upon the Prophet: O you who believe, invoke peace upon the Prophet and greet him with respect.

The Arabs only recognized prayer by what they always recited to pray in the talbiyah of Hajj, and what the Qur’an tells us in its words:

Meaning:

Their worship around the temple is nothing but whistling and clapping.

       : whistling. : clapping. Ibn Abbas said: The Quraysh used to circumambulate the House of Allah naked, whistling and clapping their hands. Mujahid said: They opposed and laughed at the Prophet’s tawaaf, they whistled and interfered with his tawaaf and prayer. Al Qatil said, when the Prophet prayed in the mosque they stood to his right and left whistling and clapping their hands to interfere with his prayer. According to the opinion of Ibn Abbas whistling and clapping is a kind of their worship, and according to the opinion of Mujahid and Mugatil it is to “hurt the Prophet s.a.w.. And the first opinion is closer to the words of Allah :

The commentators narrate that this verse was revealed in educating the Muslims with something other than what was available to the Arab polytheists.

Meaning:

O son of Adam, put on your beautiful garments whenever you enter the mosque. They (commentators) said that the Arab polytheists used to circumambulate the Ka’bah naked because they did not want to address Allah in their clothes, in which they committed sins. And this opinion corroborates the opinion of Ibn ‘Abbas.

The prayer prescribed in the beginning, according to them, “was limited to two rak’ahs in the morning and two rak’ahs in the evening.

Meaning: And praise your Lord in the evening and in the morning. And night worship was limited to reciting the Qur’an – as in the beginning of Surah Al Muzammil. It was only a little before the hijrah that the five daily prayers were made compulsory.

There is no commandment that the Qur’an has enjoined like enjoining prayer, where the Qur’an has explained the fardness of prayer in a number of different ways. Once with a clear command, once by praising those who perform it and censuring those who neglect it so that people who follow these places come to understand that prayer is the pillar of Islam, and the Qur’an censures those who neglect or forget or are hypocritical towards prayer.

The Qur’an does not specify the number of prayers and the number of raka’ats, it only mentions the times globally.

Meaning:

So glorify Allah when you are in the evening and when you are at dawn. And to Him belongs all praise in the heavens and the earth, and when you are in the evening and when you are at dawn.

Meaning:

 pray from after the sun has set until the darkness of the night and (also) pray the Fajr prayer. Verily, the morning prayer is witnessed by angels.

Meaning:

And pray on both sides of the day (morning and evening) and in the first part of the night.

Meaning:

Keep all your prayers, and keep the wustha prayer.

The Qur’an indicates how to pray and say :

Meaning:

Stand for Allah (in your prayers) with solemnity.

Meaning:

O you who believe, bow down and prostrate yourselves.

The Sunnah explains how to pray by practice. The Messenger of Allah (s.a.w) used to pray Jima with the Muslims and the Muslims behind him in congregation and he would say to them :

Meaning:

Pray as you see me pray.

The Qur’an is explicit about Jumu’ah prayer:

Meaning:

O you who believe, when the call to prayer is given on Friday, hasten to the remembrance of Allah and give up buying and selling.

And the Sunnah has explained the Jumu’ah prayer with practice.

The Qur’an describes the Muslim prayer when afraid of the enemy:

Meaning:

And when you travel on the earth, there is nothing wrong with you cutting off your prayers if you fear attack by the disbelievers. Indeed, the disbelievers are your real enemies. And when you are among them (your companions) and you wish to pray with them, then let a group of them stand up (to pray) with you and bear arms, then when they (who pray with you) have prostrated (having completed the seraka’at) then let them go behind you (to face the enemy) and let the second go|longan who have not prayed, then pray with you, and let them be ready and bear arms.

Then the Qur’an explains:

Meaning:

Then when you feel secure, offer the prayer (as usual). Verily, the prayer is a fard that is prescribed for those who believe.

The Qur’an requires purity to enter the prayer and the Qur’an says :

Meaning:

O you who believe, when you go to prayer, wash your faces and your hands up to the elbows, and wash your heads and your feet up to the ankles, and if you are junub, then bathe, and if you are sick or on a journey or returning from an outhouse or touching a woman and you do not find water, then wash with good (clean) earth and wash your faces and hands with it.

Meaning:

O you who have believed, do not pray while you are drunk, so that you understand what you are saying, (nor go to the mosque) while you are junub, except as a passing thing, until you take a bath (first) And if you are sick or on a journey or coming from a place of defecation or you have touched a woman, then you do not find water, then you should wash with good (clean) earth: wash your face and your hands.

And the Qur’an states:

Meaning:

And you should clean your clothes. And the Sunnah has explained purification of both kinds in practice and in words.

The Qur’an requires adornment for prayer:

Meaning:

O son of Adam, put on your beautiful clothes whenever you enter the mosque.

And the Sunnah explains the obligatory measure of this adornment.

The Qur’an makes it obligatory upon every praying person to turn his face towards the Masjid Al Haram when he prays. The Prophet (s.a.w) initially faced Baitul Maqdis, then the Qur’an tells him to face the Masjid al Haram which was the first house that was built by man, it was the house of Abraham and his son Isma’il who became the ancestors of the Arabs.

Meaning:

So turn your face towards the Sacred Mosque, and wherever you are, turn your face towards it.

The Sunnah explains in practice those prayers that are not mentioned in the Qur’an, and they are regarded as Sunnah. Some of them are prayers that come before and after the fard prayers. Some of them are prayers that do not coincide with the fard prayers, and these include the prayers offered in congregation on the two days of Eid: Fithrah and Adh-ha.

PRAYER

The meaning of fasting according to Arabic is to curb and abandon something. From this arises the known meaning of curbing two desires (namely stomach lust and sex lust pent).

Fasting was already known among the Arabs before Islam. Al-Bukhari narrated from ‘Aisha r.a. that the people of Quraysh in the pre-Islamic period used to fast on the day of ‘Ashura’. Then the Messenger of Allah (peace be upon him) ordered them to fast on that day, until Ramadlan was made compulsory and the Messenger of Allah (peace be upon him) said:

Meaning:

 Whoever wants to fast on the day of ‘Ashura’ should fast and whoever wants to break the fast should break it.

Ibn Ishaq narrated in a hadith about the beginning of revelation :

Meaning:

He always approached (stayed) in the cave of Hira for one month in each year. Such was some of the worship of the Quraysh during the Jahiliyyah. Worship is doing good. He used to approach that month every year by feeding the poor who came to him. ……,, end of hadith.

That month is the month of Ramadan, in which the Qur’an was revealed. From this it is understood that fasting was a part of the worship of the Ouraisy during the Jahiliyyah.

Allah, the Most Holy, has chosen this month, which the Prophet (peace and blessings of Allah be upon him) used to visit every year, and in which he was honored by Allah with a message, Allah says in Surah al-Baqarah:

Meaning: O you who believe, it is obligatory upon you to fast as it was obligatory upon those who were before you, that you may fear. (i.e.) in certain days. So if any of you is sick or traveling (and he breaks his fast), then (he must fast) the number of days he missed on other days. And it is obligatory for those who find it difficult to observe it (if they do not fast) to pay the fidyah, (which is) to feed a poor person. So whoever willingly does good deeds, that is better for him. And fasting is better for you if you know. (The prescribed days are the month of Ramadlan, the month in which the Qur’an was revealed as a guidance for mankind and an explanation of that guidance and a distinction between the right and the wrong. Therefore, whosoever of you is present (in his country) in that month, let him fast in that month; and whosoever is sick or traveling (and breaks his fast), then (he must fast) the number of days he missed on other days. Allah wills respite for you, and does not intend hardship for you. And let your numbers be complete, and let you praise Allah for His guidance given to you, that you may be thankful.

And the Sunnah, according to our supposition, had forbidden them to approach women on the nights of fasting, so the Qur’an relieved them of this hardship, and the Qur’an said :

Meaning:

It is lawful for you on the night of the fasting day to have intercourse with your wives: they are clothing for you, and you are clothing for them. Allah knows that you cannot restrain your lusts, so He forgives you and gives you relief. So now mix with them and seek that which Allah has ordained for you, : and eat and drink until the white thread of the black thread, which is dawn, becomes clear to you. Then complete the fast until night, but do not mix with them while you are in the mosque.

And the Prophet (peace and blessings of Allaah be upon him) determined the number of days of voluntary fasting outside of Ramadlan and made them obligatory in the second year of the hijrah.

HAJJ AND ‘UMRAH

All cultured nations have certain places to gather and worship Allah and get closer to Him. Allah says:

Meaning:

And for each people We have prescribed sacrifice, that they may mention the name of Allah with regard to the cattle which We have sacrificed for them.

God says:

Meaning:

For each nation We have ordained certain laws which they observe. Thus, the Arabs have a place of worship, Baitul Haram, which their forefathers and their father Ibrahim built for them.

God says:

Meaning:

And (remember) when Abraham raised the foundations of the House of Allah with Isma’il (while praying): O our Lord, accept from us (our deeds), surely You are the All-Hearing and All-Knowing. O our Lord, make us both submissive to You and show us the ways and places of our pilgrimage, and accept our repentance. Indeed, You are the Most Receptive to repentance, the Most Merciful.

God says:

Meaning:

Verily, the first house built for mankind is the House of Allah in .Bakkah (Mecca) which is blessed and a guide for all mankind. In it are clear signs (among them) the charter of Abraham: whoever enters it (the House of Allah) is safe.

Allah said:

And (remember) when We gave Abraham a place in the temple (saying): Associate nothing with Me, and sanctify My house for those who circumambulate, and those who worship, and those who bow and prostrate themselves. And call upon the people to perform the Hajj, and they will come to you on foot, and riding on lean camels, coming from all parts of the world. That they may witness some benefit to them and that they may mention the name of Allah on the appointed days for the provision which Allah has given them in the form of livestock. So eat some of it and give some to the poor and needy. Then (after slaughtering) let them remove the filth from their bodies, and let them fulfill their vows, and let them circumambulate the old house (the House of Allah).

This was the course of the Arabs from Abraham and Isma’il until Allah sent Muhammad (peace be upon him). But they have changed much of what Abraham and Isma’il practiced, and they ascribed statues and idols to Allah, and they placed idols in the House of Allah, and beside it, Shafa and Marwah. They drew near to Allah with idols, changed the places where they performed the pilgrimage, and called names other than Allah for the animals that were given to them.

When Muhammad was sent as a reformer of the true Abrahamic Shari’ah and surrendered (to Allah) and the polytheists did not make the Temple Mount a place of worship for mankind, then Allah commanded to perform Hajj and ‘Umrah.

Meaning:

Performing the Hajj is an obligation of mankind towards Allah: that is (for) those who are able to travel to it: Whoever disbelieves (in the obligation of Hajj), then Allah is rich (in need of nothing) of the worlds.

Allah says:

Meaning:

And complete the Hajj and ‘Umrah for the sake of Allah.

Allah enjoins the sincerity of monotheism and the abandonment of that which is found among the people of Jahiliyyah.

Meaning:

So shun the uncleanness of idols and shun by you the words of falsehood. Be sincere to Allah, not associating anything with Him. Whoever associates anything with Allah, then it is as if he fell from the sky and was snatched up by a bird, or blown by the wind to a distant place.

Allah explains the timing and propriety of Hajj, saying :

Meaning:

(The seasons of) Hajj are a number of months that are understood: so whoever sets his intention in that month to perform Hajj, it is not permissible to breathe, to act unlawfully, to quarrel during the period of performing Hajj.

And Allah explained the matters of performing Hajj and the places of worship of Hajj, with his words :

Meaning:

Verily, Shafa and Marwa are some of the shrines of Allah. So whoever makes Hajj to the House of Allah or performs ‘Umrah, there is no sin for him in doing sa’i between them. And whoever does a good deed (of his own free will), then surely Allah is Most Grateful for good, Most Knowing.

God says:

Meaning:

So when you have departed from ‘Arafat, remember Allah in Masy’arilharam. And remember Allah as He has shown you: and indeed you were before that of those who went astray. Then depart from the place of the people’s departure (Arafat) and seek forgiveness from Allah, surely Allah is Oft-Forgiving, Most Merciful,

God says:

Meaning:

And remember (takbir) Allah for many days. So whoever is in haste: to depart (from Mina) on two days, there is no sin on him. And whoever wishes to delay his departure from Mina by two days, there is no sin on him, for those who fear Allah.

God says:

Meaning:

This is the commandment of Allah, and whoever honors the symbols of Allah, it is out of piety of heart. There are benefits for you in the animals until the appointed time, then the place where it is obligatory to slaughter them is around the old house (Baitullah).

God says:

And We have made for you the camels as (one of) the signs of Allah. You will find much good in them. So call upon the name of Allah when you slaughter them while they are standing (and tied). Then when it falls down (dead), then eat from it and feed those who are content with what they have (who do not ask) and those who ask.

God says:

Meaning:

O you who believe, do not violate the shrines of Allah, and do not violate the honor of the sacred months, do not disturb the animals of the hadyan and the animals of the galid, and do not disturb those who are visiting the House of Allah while they seek the bounty and pleasure of their Lord.

Allah says:

Meaning:

Allah has made the Ka’bah, the sacred house the center (of worship and world affairs) for people, and (likewise) the month of Haram, the hadya galaid.

Allah says in reference to Hajj under siege and Hajj tamatu’: ” .

Meaning:

If you are besieged, then slaughter a sacrifice that is easily available, and do not shave your heads until the sacrifice has reached the place where it is to be slaughtered. If any of you is sick or has a problem with his head (and shaves), then he is obliged to make a compensatory sacrifice, which is fasting or giving alms or making a sacrifice. So when you are secure, then whoever wants to perform ‘Umrah before Hajj (during the month of Hajj), he must offer a sacrifice that is easily available. But if he does not find (a sacrifice or is not able to), then it is obligatory to fast three days during the pilgrimage and seven more days when you return. These are the ten perfect days. Such is the case for those whose families are not in the vicinity of the Sacred Mosque (those who are not residents of Makkah).

Allah has made Makkah noble and safe:

Meaning:

And do they not see that We have made (their land) a secure holy land, while the people around it are robbers.

Meaning:

And did We not establish them in a secure haram (forbidden area), from which fruits of all kinds (of vegetation) are brought to you as a provision (for you) from Us?

Allah has forbidden hunting to those who are in ihram, and has prescribed a substitute for it:

Meaning:

O you who have believed, do not kill game while you are in ihram. Whoever of you kills it intentionally, the penalty is to replace it with livestock equal to the game he killed, according to the decision of two just men among you as a hadya brought to the Ka’bah, or (the penalty is) to pay expiation by feeding the poor equal to the food that was expelled.

The Hajj was made compulsory in the sixth year of the hijrah, and in that year he had gone out for ‘umrah but was prevented from going to the House of Allah and ‘umrah was made in the seventh year, in the ninth year Abu Bakr r.a, and in the tenth year the Prophet made Hajj with most of the Muslims, namely the farewell Hajj, and in that Hajj he explained the way of Hajj and he said to them :

Meaning:

Take the work of hajj from me.

The rules of Hajj have many rules for Muslims, namely:

1. Faidah that returns to the people of Makkah from the pilgrims and “unirah., because Makkah is not a valley with crops. It is the fulfillment of the prayer of Ibrahim a.s. the lover of Allah:

Meaning:

O our Lord, indeed I have placed some of my descendants in a valley with no crops near your honored house. O our Lord (so) that they may establish prayer. So make the hearts of some of the people inclined towards them and provide for them from fruits, that they may be grateful.

2. The faidah that goes back to the Arabs, in that they gain benefit and can exchange merchandise and the necessities of life, because the pilgrims in that season bring their wealth so that those who need it can buy it. Each of them is secure in his person and property because it is in a noble month and a noble country.

Allah says

 Meaning:

That they may witness various benefits for them.

3. A benefit that goes back to all Muslims because they can gather, get to know each other, and the only worship and Qiblah. Thus Mecca became a gathering place for the inhabitants of the East and the West, they penetrated there from every path in the deep crevices of the hills, and every human being could take the needs of knowledge, religion and the world.

It is no wonder that the Day of the Great Hajj is a feast day for all Muslims, because it is a reminder of that unity. Just as the Feast of Fithrah commemorates the revelation of the Qur’an, so the feast of Hajj concludes the revelation of the Qur’an. The month of Ramadan begins the revelation of the Qur’an and the great hajj concludes the revelation of the Qur’an.

ZAKAT

The definition of zakat according to language is purity, growth, blessing, and praise. All of these are used in the Qur’an and Hadith. It has also been used to refer to the amount of money given in charity by a rich person because it is zakaah on his wealth, which purifies and grows it. As the Qur’an uses this definition, it uses it in conjunction with charity. The Qur’an pays as much attention to zakat as it does to prayer. Often the two are mentioned together. Sometimes it is mentioned alone with the words zakat or shadaqah.

Meaning:

Great is the misfortune of those who associate partners with Him, (i.e.) those who do not pay the zakat.

Meaning:

Take charity from some of their wealth with which you purify and cleanse.

Meaning.

Eat of its fruits (of various kinds) when it bears fruit, and fulfill its right on the day of plucking.

Meaning:

And whatever riba (usury) you give that it may add to the wealth of men, it does not add to the wealth of Allah. And what you give in the form of zakaah that you intend to achieve the pleasure of Allah, then those (who do so) are the ones who multiply (their reward).

The Qur’an does not specify the assets that are subject to zakaah, nor the amount that must be paid. The Sunnah has explained this in a letter written by the Messenger of Allah (s.a.w.) to the person in charge of zakaah and the Qur’an describes the person who receives zakaah in the words of Allah:

Description:

The Zakahs are for the poor, the administrators of the Zakahs, the slaves, the debtors, those who are in debt, those who are in the way of Allah, and those who are on a journey, as a statute ordained by Allah, and Allah is All-Knowing and All-Wise.

The rule of zakat is one of the great rules that repels the rich from the malice of the poor, removes misfortune by providing for those who cannot fulfill their needs by strength, and it helps the door of goodness in improving the association of nations so that there are people who carry it out more especially what the Qur’an expresses by sabilillah. And the Arabs had a rule in the produce of their crops and livestock, part of which they gave to Allah and part of which they gave to their idols. We will mention this in the description of what the Arabs have permitted and forbidden.

What equates to worship as described by the Qur’an is :

1. The rule of oaths, Allah says in Surah Al-Baqarah:

Meaning:

Do not make (the name of) Allah in your oaths a hindrance to doing good among people. And Allah is All-hearing, All-knowing. Allah does not punish you for your oaths which you did not mean to swear. And Allah is Forgiving, Merciful.

Allah ta’ala says in Surah Al Maidah:

Meaning:

Allah does not punish you for your oaths which you did not intend to swear, but He punishes you for the oaths which you did intend to swear, so the expiation for breaking that oath is to feed ten poor persons from the food which you used to feed your family, or to clothe them, or to free a slave. If you are unable to do this, then fast for three days, and this is the expiation for your oaths when you swear an oath (and break it). And keep your oaths. Thus Allah explains to you His laws so that you may be grateful (to Him),

Allah says in Surah At Tahrim:

Meaning:

Verily, Allah has made it obligatory upon you all to free yourselves from your oaths.

2. The description of halal and haram food, and the Qur’an has thoroughly detailed it: Allah Ta’ala says in characterizing the Prophet S.a.W. in Surah Al A’taf :

Meaning:

And made lawful for them the good and forbidden for them the evil.

Allah says in Surah An Nahl:

Meaning:

So eat that which is lawful and good from the provision which Allah has given you, and give thanks for the blessings of Allah, if indeed you worship Him alone.

Verily, Allah has only forbidden you (to eat) carrion, blood, pork and that which is slaughtered in the name of other than – Allah, but whoever is compelled to eat it and does not abuse nor transgress, then surely Allah is Forgiving, Merciful.

Allah says in Surah Al Maidah:

Meaning:

Forbidden to you (are) carrion, blood, pork, (the flesh of animals) slaughtered in the name of other than Allah, the strangled, the beaten, the fallen, the gored and the devoured by wild animals except that which you are able to slaughter, and forbidden to you is that which is slaughtered in the name of idols.

Allah says in Surah Al Maidah as well:

Meaning:

They ask you: What is forbidden to them? Say: What is forbidden to you is that which is good and that which is caught by the wild beast which you have taught to hunt: you have taught it according to what Allah has taught you. So eat of what it catches for you, and call the name of Allah upon the beast (when releasing it). And fear Allah, surely Allah is swift in His reckoning. This day is lawful for you that which is good. The food of those who are given the Book is lawful for you, and your food is lawful for them.

Allah says:

Meaning:

It is lawful for you to eat the game of the sea and the food of the sea, as it is delicious for you and for those on a journey.

Allah says in Surah Al An’am:

Meaning:

So eat of those (lawful) animals of which the name of Allah is mentioned when slaughtering them, if you believe in His verses. Why do you not eat of the lawful animals of which the name of Allah is mentioned when slaughtering them, when Allah has made clear to you what He has forbidden to you, except what you are compelled to eat?

Allah says:

Meaning:

And eat not of those things which the name of Allah is not mentioned when slaughtering them. Verily such an act is an unrighteousness.

And Allah has forbidden khamer from the drinks. Allah reproaches the polytheists for forbidding the kinds of food they make for their gods.

Allah says in Surah Al An’an:

Meaning:

And they allotted to Allah a portion of the crops and livestock which Allah had created, then they said according to their imaginations: “This is for Allah and this is for our idols”, so the offerings destined for their idols do not reach Allah and the offerings destined for Allah reach their idols. Very bad is their decree.

Allah says:

Meaning:

And they say that these are livestock and crops that are forbidden, that none may eat of them except those whom We will according to their opinion, and (these are) livestock on which it is forbidden to ride, and (there are) livestock on which they do not mention the name of Aliah when slaughtering them, but only make a lie against Allah. Later Allah will repay them for what they have invented.

And they say that what is in the stomachs of these animals is for our men and forbidden to our women, but if it is born dead, then men and women alike may eat it. Later Allah will repay them for their decree. Verily, Allah is Wise and All-Knowing. Indeed, it is a loss to those who kill their children out of ignorance and ignorance, and they forbid what Allah has provided for them, but they invent against Allah. Verily, they have gone astray, and they will not be guided.

Then Allah said:

Meaning:

And among the livestock are some for transportation and some for slaughter. Eat of the provision which Allah has given you, and do not follow the steps of the shaytan, for surely the shaytan is a manifest enemy to you. (Those are) eight animals in pairs, a pair of sheep and a pair of goats. Say:” Is it the two males which Allah has forbidden, or the two females, or what is in the womb of the two females? Explain to me on the basis of knowledge if you are indeed the truthful ones.

And a pair of camels and a pair of oxen. Say: “Is it the two males that are forbidden, or the two females, or what is in the womb of the two females?”.

Allah says in Surah Al Maidah:

Meaning:

Allah never ordained bahirah, saibah, washilah and haam. But the disbelievers make up lies against Allah, and most of them do not understand.

According to the text, the pre-Islamic Arab polytheists had an arrangement with regard to the produce of crops and livestock, part of which they gave to Allah by giving it to the poor and needy, and part of which they gave to the guardians of the idols and those who administered their affairs. And their earnestness in caring for the gifts to idols is stronger, and their care is more perfect, but it only reaches what is intended for them. As for the portion that is for Aliah, it does not reach him, and perhaps it reaches the guardians of the idols. And the Qur’an has made it clear in the second verse that livestock and crops that are for other than

There are three kinds of God in golbal

1. A mare that is not fed except by those who are willing.
2. Livestock whose backs are forbidden.
3. Animals on which the name of Allah is not mentioned.

These are the three types mentioned in Surah Al Maidah: bahirah, saibah and ham: a she-camel that has given birth to five litters and the fifth litter is a male, so the she-camel’s ears are cut off and she is released, and she cannot be ridden or milked; saibah: a she-camel that is allowed to go anywhere because of a vow, such as if a Jahiliyyah Arab was going to do something or travel hard, then he used to vow to make his camel saibah if his intention or travel was successful and safe: washilah : a female sheep gives birth to twins consisting of a male and a female, so the male is called washilah, not slaughtered and given to idols: haam : a male camel that is inviolable, because it can breed a female camel ten times.

Then in the third verse Allah explains what they have decreed for these animals, namely the contents of their bellies. They are reserved for men to drink and benefit from their milk, and are forbidden to their wives and they have no right over them. When the animal dies, they eat it together. Allah, the Exalted, rebuked them for the distortions they made up of their own accord, and they attributed lies to Allah : .

Meaning:

Or were you watching when Allah decreed this for you? 

This form of narration by Allah, the Most Holy, explains that the Arabs already had a rule in the charity they gave to the needy, but this rule contained a bad aspect, namely associating partners with Allah and considering some livestock haram and some halal.

The Qur’an abrogates this entirely and lays down the rule of zakat, the basis of which is laid down by the words of Allah in Surah Al An’am :

Meaning:

And give him his due on the day of harvest.

And He has permitted livestock other than those mentioned in the text:

Meaning:

Say: I did not find in the revelation revealed to me anything that is forbidden to those who wish to eat it, unless it be carrion, or flowing blood, or pork, for verily all are filthy, or animals slaughtered in the name of other than Allah; but whoever is in necessity and does not desire nor transgress, then verily your Lord is Forgiving, Merciful.

The tool that exhausts it is the word of Allah Ta’ala in Surah Al Maidah :

Meaning:

There is no sin on those who believe and do righteous deeds for eating the food they used to eat, if they fear and believe, and do righteous deeds, then they continue to fear and believe, then they (also) fear and do righteous deeds. And Allah loves those who do good.

The Sunnah has prohibited this as an application of Allah’s words:

Meaning:

And forbade for them that which is bad. Just as the Sunnah forbids every wild animal with fangs, every bird with hooves, and the meat of tame animals.

WAR

About thirteen years passed upon the Prophet (peace be upon him) in Mecca and he carried out the da’wah of his religion. He had encountered many painful things and many trials. Some of them he experienced himself and some were experienced by his Companions. They (the polytheists) prevented people from listening to the Qur’an and accepting his invitation by the lies they told, as mentioned and rejected by the Qur’an. The Makkiyah suras collect this information, and the Meccans (who converted to Islam) were forced to leave Mecca for Habsyi by fleeing for the sake of religion, because they had no strength to defend themselves from hostility for which there was no justifiable cause.

Allah willed the Arabs of Yathrib from the tribes of Aus and Khazraj to accept the invitation to Islam and he, peace be upon him, had pledged them to defend him as they would defend themselves and their children. So he moved to them after the people of Mecca had agreed to kill him in secret. It was at the beginning of his arrival in Madinah that war was prescribed. In several places the Book (Qur’an) explains the reasons for which the mu’min are permitted to fight.

1. Defend yourself when attacked.
2. Maintaining da’wah because of the slander of the believer, i.e., testing him with various trials, so that he abandons the faith that he has chosen for himself, or prevents someone from entering Islam, or prevents a da’i from conveying his da’wah.

These are the places where the Qur’an describes :

1.In Surah Al Hajj, the first verse revealed on the subject of war, Allah says :

Meaning:

It is permissible for those who are being fought against, for indeed they have been wronged. And verily Allah is mighty to help those who have been driven out of their homes without just cause, except that they said: “Our Lord is Allah.” If Allah had not repelled the violence of some people with that of others, the monasteries of the Christians, the churches, the synagogues of the Jews, and the mosques in which the name of Allah was mentioned would have been demolished. And indeed, Allah will surely help (His religion), that. indeed, Allah is the Strongest and the Mightiest. (Those) who, if We establish their position on the earth, will establish worship, pay the alms, enjoin good and forbid evil: and to Allah is the return of all things.

This occupies the interpretation of the verse of Shura which belongs to the Makkiyah.

Meaning:

And indeed those who defend themselves after being wronged, there is no sin upon them. Verily, the sin is upon those who wrong people and transgress in the earth without right. They shall have a grievous punishment.

2. Allah Ta’ala says in Surah Al-Baqarah which is a Madaniyah :

Meaning:

And fight in the cause of Allah those who fight you, (but) do not exceed the limits, for surely Allah does not love those who exceed the limits. And slay them wherever you find them. And expel them from the place from which they have expelled you (Mecca), and fitnah is more dangerous than murder, and do not fight them in the Sacred Mosque, unless they fight you (in that place), then kill them. Such is the recompense of the disbelievers. But if they cease (from fighting you), then surely Allah is Forgiving and Merciful. And fight them, so that there may be no more fitnah and (so that) religion may be for Allah alone. If they cease (from hostility towards you), then there is no hostility except against the wrongdoers. A forbidden month for a forbidden month, and something that is worthy of honor, the law of gishash applies. Therefore, whoever attacks you, attack him in proportion to his attack on you. Fear Allah and know that Allah is with those who fear.

Allah says in Surah Al Anfal which includes

Meaning:

And fight them, that there may be no fitnah and that religion may be for Allah alone. If they cease (from disbelief), then surely Allah is All-Seeing of what they do. And if they turn away, know that Allah is your Protector. He is the best of protectors and the best of helpers.

3. Allah says in Surah An Nisa’ which is Madaniyah:

Meaning: “Why do you not want to fight in the cause of Allah and (defend) the weak, men, women and children, who all pray : “O our Lord, take us out of this land (Mecca) whose inhabitants are oppressive and give us a protector from Your side, and give us a helper from Your side!”

4, Allah says in this surah (an Nisa) about the polytheists who do not like to fight their people and do not fight the Muslims, so avoid fitnah from one aspect:

Meaning: But if they tolerate you, and do not fight you and propose peace to you, then Allah has not made a way for you (to take them captive and kill them).

On the condition that they love peace truly and do not hesitate at all. If so then Allah explains their situation with His words:

Meaning:

Later you will find others, who intend to be safe from you and safe from their people. Whenever they are invited back to the fitnah (shirk), they plunge into it. So if they will not leave you alone, and (will not) make peace with you, and (will not) restrain their hands (from fighting you), then take them captive and kill them wherever you find them, and they are the ones for whom We have given you a clear reason (to arrest and kill) them.

5. Allah says about the state of peace in Surah Al Anfal :

Meaning:

And if they incline to peace, let you incline to it, and put your trust in Allah. Verily He is the All-Hearing, the All-Knowing. And if they intend to deceive you, then surely Allah is your protector. It is He .who strengthens you with His help and with the mu’min.

And who unites their hearts (the believers).

6. Allah says in Surah At Taubah:

Meaning:

If they break their oaths after they have sworn, and they revile your religion, then fight the leaders of the disbelievers, for indeed they are men whose word cannot be kept, that they may cease. Why do you not fight those who break their oaths, when they are determined to drive out the Messenger and they were the first to start fighting you? Do you fear them when it is Allah whom you have the right to fear, if you are truly believers.

All of these texts point to the understanding that we have mentioned, which is that war is only for the purpose of repelling the enemy and warding off slander against the religion.

The Jews of Medina had inclined to the Quraysh and hypocrites rather than to the Muslims in the battle of Al Ahzab so that it greatly shook the Muslims, after a written promise between the Jews and the Prophet s.a.w. but they broke the promise, so Allah told the Muslims to fight them as mentioned in Surah At Taubah :

Meaning: Fight those who believe neither in Allah nor in the Last Day, and do not forbid what Allah and His Messenger have forbidden, and do not follow the true religion. Those (Jews and Christians) to whom the Book was given, until they pay the jizyah obediently in submission.

The order of war was initially limited to the Quraysh and those who were inclined to them, namely the Jews of Medina. When the tribes of the Arabian Peninsula united with them, Allah said in His book in Surah At-Taubah:

Meaning: And fight the polytheists all as your fathers fought you all, and know that Allah is with those who fear.

Some of the verses in the Qur’an that corroborate and explain the spirit (soul) of peace are the verses in Surah Al Mumtahanah -:

Meaning:

Allah does not forbid you to be kind and just to those who do not fight you for religion nor drive you out of your country. Verily, Allah loves those who are just. Indeed, Allah only forbids you to take as your friends those who fight you for religion and help (others) to expel you. And whoever takes them as friends, then they are the wrongdoers. ‘

AGREEMENT – AGREEMENT

One of the things that the Qur’an pays great attention to is the matter of covenants and the abhorrence of record-keeping. Some of these texts are ‘am (general), while others are specific. Among those that are ‘am are the words of Allah, may He be glorified and exalted, at the beginning of Surah al-Maidah:

Meaning:

O you who have believed, fulfill the religion.

And Allah says in Surah An Nahl:

Meaning:

And keep your covenant with Allah, when you make a promise, and do not break your oaths after confirming them, while you have made Allah your witness.’ Verily, Allah knows what you do. And do not be like a woman who breaks her firmly spun thread into pieces again, making your oaths a means of deceit among yourselves, because one group is more numerous than the other.

And the words of Allah Ta’ala in Surah Al Isra”

Meaning:

And fulfill your promises, for they will be held accountable.

Typical are the words of Allah in Surah Bara’ah :

Meaning:

Except those polytheists with whom you have made a covenant, and they do not diminish anything from your covenant, nor do they help anyone against you, so fulfill your covenant with them until the time limit. Verily, Allah loves those who fear.

After that Allah says in the same Surah:

Meaning:

Except those with whom you have made a covenant near the Sacred Mosque? So as long as they are upright with you, you should be upright with them. Verily, Allah loves the righteous.

This indicates that the departure is only from the polytheists who break their promises and show evidence of betrayal because the beginning of the letter reads :

Meaning: (This is the declaration) of the severance of relations from Allah and His Messenger (which is faced) to the polytheists with whom you (the Muslims) have made a covenant (with them).

Then Allah excludes from those whom he mentions, and this is the implementation of the verse found in Surah Al Anfal :

Meaning:

And if you learn of treachery on the part of any group, then restore the covenant to them in an honest way, for surely Allah does not love those who betray.

And fear is not realized except after the appearance of hostile actions that indicate it, because those who do not break their promises, do not show hostility and keep their promises, there is no way (to fight) against them on the basis of the text.

Part of this is when in Surah An-Nisa’ Allah encourages them to keep away from the hypocrites whose hearts are always against them, so Allah says :

Meaning:

Except those who seek refuge with a people, between whom you have made a covenant (of peace).

This is a text that indicates that it is obligatory to honor the land of those who have a covenant, and the verse protects those who keep the covenant.

Partly in Surah An-Nisa’ Allah makes the wrongful killing of a male of the covenant people obligatory by imposing what is obligatory for the wrongful killing of a Muslim. Allah says:

Meaning: And if he (the slain) is of a people (disbelievers) with whom you have a treaty (of peace), then (let the slayer) pay blood money to the family (of the slain) and free a believing slave.

Partly in Surah Al Anfal Allah says about the mu’min who live in enemy territory and they do not move away from it:

Meaning:

(But) if they ask you for help in the defense of religion, then you are obliged to help them except against those with whom you have made a covenant.

Allah made the right of the covenant above every right.

Allah does not stipulate a period of time for peace, rather Allah mentions it absolutely in the word

Allah Ta’ala in Surah Al Anfal :

Meaning:

And if they incline to peace, let you also incline to it and put your trust in Allah.

Indeed, He is the All-Hearing, the All-Knowing.

WAR OFFICER

The Qur’an explains the law of prisoners of war clearly in Allah’s words in Surah Muhammad.

Meaning:

So when you have defeated them, take them captive, and after that you may release them or accept ransom until the war is over.

It is permissible for the rulers to choose grace, which is to forgive and let go without payment, or ransom, which is to take compensation, but this is conditional on the enemy being disabled on the ground, which means going too far in fighting an enemy who is not strong on the ground. That is why Allah, may He be glorified and exalted, reproaches the Muslims for taking ransom before the enemy has been disabled:

Meaning:

It is not befitting for a Prophet to have a captive before ja can disable his enemy on earth. You desire worldly possessions while Allah desires (the reward of) the hereafter (for you). And Allah is the Mighty, the Wise.

And the Messenger of Allah has ordered the killing of some captives for special reasons, as he ordered the killing of ‘Ugbah ibn Abi Mi’yath in Badr and the killing of Abu ‘Izzah Al Jamhi in Uhud, who had promised him in the battle of Badr not to help him (the enemy) but he did not keep it, and as he killed eight Meccans after the conquest of Mecca because of the crimes they committed.

Discussion of servants and servitude.

When Islam came, there were already slaves among the Arabs, so Islam recognized what already existed among them. Allah says in Surah Al Mu’minun which is a Makkiyah:

Meaning:

And those who guard their private parts. Except with respect to their wives or the slaves they own: then indeed they are not blameworthy in this.

Allah says so in Surah al-Ma’arij, which is also Makkiyah, i.e. before any warfare for the Muslims. And Allah says in Surah An Nisa” which is Madaniyah:

Meaning:

Then if you fear that you will not be able to do justice, then (marry) a slave, or slaves that you own.

Then Allah strongly encouraged them to liberate slaves and eliminate slavery in several ways:

1. In the Makkiyah Surah, Allah makes it the first duty of mankind to thank Him for His blessings, saying after bestowing His bounty:

Meaning:

But he did not take the difficult path. Do you know what the difficult path is? (It is) to release a slave from slavery. Or feeding on the day of famine, (to) a related orphan, or a desperately poor person. And he is not one of those who believe and admonish one another to have compassion. They (those who believe and advise each other) are the righteous.

Allah puts the release of slaves at the forefront of the behaviors that people perform in gratitude to Him.

2. Allah has made freeing a slave one of the expiations for the crime committed. Allah says about the expiation for manslaughter in Surah An-Nisa”

Meaning:

And whoever kills a believer by mistake (let) him free a believing slave.

Allah says about the expiation for zhihar in Surah Al Mujadalah :

Meaning:

Those who pronounce tihihar on their wives, and then wish to retract what they have said, must free a slave before the two have mixed.

Allah says about the expiation of an oath in Surah Al Maidah:

Meaning:

The expiation for breaking the oath is to feed ten poor persons with the food you usually feed your family, or to clothe them, or to free a slave.

3. When Allah described the places where zakaah is to be given, He made one-eighth for the servant, i.e. the imam who collects zakaah from the Muslims should give one-eighth of the price of zakaah to free the servant.

4. It is commanded to grant those who demand the promise of freedom of the slave by returning the money (price) and it is commanded to help them in fulfilling what is demanded. Allah says in Surah An Nur:

Meaning:

And those slaves whom you own who desire a covenant, make a covenant with them, if you know good in them, and give them a portion of what Allah has given you.

All of this, in addition to the Prophet’s numerous encouragements to free slaves, and repeated messages to love the slaves in their possession. And in the Qur’an there is only one text about making slaves, which is making slaves of prisoners of war.

SPOILS OF WAR

The Arabs took the spoils of war and distributed them over the fighting men, and gave a large share to the leader (of the war). One of their poets pointed out by saying :

Meaning: For you a quarter of the spoils, the choice of what was obtained before the war, the excess in your division and decision (which is usedz pent.).

    : A quarter of the spoils of war.

     : Something that a war leader chooses for himself from things that are considered good.

      : Something acquired before the war.

      : Something that is left over after division (remainder).

When Islam came, the first booty was the booty that the Muslims gained in the battle of Badr: and they wanted to know how it was divided. Allah s.w.t. says in Surah Al Anfal :

Meaning:

 They ask you about (the division of) the spoils of war. Say: The spoils of war belong to Allah and the Messenger.

Then Allah explained the division with His words:

Meaning:

Know that whatever you gain as spoils of war, one-fifth shall be for Allah, the Messenger, the relatives of the Messenger, the orphans, the poor and the ibnussabil.

So the Prophet took one-fifth of the booty then he divided it among the people mentioned by Allah as he said:

Meaning:

For me only one-fifth of your booty, and the other one-fifth is returned to you.

This is because he made a large portion of it for the public good (i.e. three-fifths of it – pent).

In Surah Hashr, Allah speaks of fai’ (wealth acquired from the disbelievers without fighting), which is the wealth that the Muslims acquire without laboring with horses and vehicles:

Meaning:

The booty (fa-i) which Allah gives to His Apostle from the inhabitants of the cities is for Allah, for the Apostle, his relatives, the orphans, the poor and those on the way, lest it should circulate only among the rich among you.

Then Allah said:

Meaning:

(That is) for the poor who migrate, who are driven from their homes and from their possessions (for) seeking the bounty of Allah and His pleasure: and they help Allah and His Messenger. These are the righteous ones. And as for those who had settled in Madinah and had believed (Anshar) before (the arrival of) them (Muhajirin), they loved those who migrated to them. And they had no desire in their hearts for what was given to them (the Muhajireen): And they preferred (the Muhajireen) over themselves, even though they were in distress. And those who are preserved from selfishness, they are the fortunate ones. And (also) for those who came after them (Muhajirin and Anshar). They prayed: “O our Lord, forgive us and our brothers who have believed before us. And do not allow envy in our hearts against those who believe: O our Lord, surely You are most merciful, most compassionate”.

The Sunnah explains by practicing the laws of the Qur’an in the wars carried out by the Messenger of Allah (s.a.w.), some of which are narrated by Allah, some of which are not narrated by Allah. And the Prophet released some captives in accordance with the laws of the Qur’an.

The wars whose stories are told are as follows:

1. The Battle of Badr that took place in the second year of Hijrah, which is mentioned in Surah Al Anfal in the words of Allah:

Meaning:

As your Lord sent you forth from your house in truth, though some of the believers disliked it.

It is also mentioned in Surah Ali ‘Imran where Allah says:

Meaning:

Indeed Allah helped you in the battle of Badr, while you were (then) weak.

2. The Battle of Uhud that took place in the third year of hijrah, which is mentioned in Surah Ali ‘Imran from the beginning of Allah’s words:

Meaning: Do not be weak and do not grieve, but you are the highest of people if you are believers.

3. The battle of Hamra ul Asad in the same year (III AH). Its narration is found in Surah Al ‘Imran as well with the words of Allah Ta’ala:

Meaning:

(Those) who obeyed the command of Allah and His Messenger after they had been wounded (in the battle of Uhud).

4, Another battle of Badr that took place in the fourth year of hijrah. The Qur’an refers to it in Surah Ali ‘Imran where Allah says:

Meaning:

(Those (who obey Allah and the Messenger) to whom someone says: “The people have gathered an army to attack you, so fear them”. (They did not flinch) rather it increased their faith and they said: “Sufficient is Allah to be our Helper and Allah is the best of protectors”. So they returned with great blessings and bounties.

5. The battle of Banu Nadhir that took place in the fourth year of A.H., which the Qur’an has mentioned in Surah Al Hashr :

Meaning: It was He who expelled the disbelievers among the People of the Book from their villages at the time of the first expulsion.

6. The battle of Al Ahzab that took place in the fifth year, which Allah has mentioned in the surah whose name is mentioned by this name from the words of Allah Ta’ala:

Meaning: O you who believe, remember the favor of Allah (which We bestowed) upon you armies, then We sent upon them hurricanes and armies which you could not see.

7. The battle of Banu Quraizhah that took place in the same year (IV AH), which is mentioned in Surah al-Fath in the words of Allah:

Meaning:

And He sent down the People of the Book (Banu Quraidzah) who helped the allied groups from their fortresses. And He put fear into their hearts. And He bequeathed to you lands: their lands, houses and possessions and (likewise) lands which you have not trodden. And Allah is mighty over all things,

8. The Battle of Hudaibiyah, which took place in the sixth year of AH, is mentioned in Surah al-Fath in the words of Allah:

Meaning:

Indeed, those who pledge allegiance to you pledge allegiance to Allah, the Hand of Allah upon their hands.

9. The Battle of Khaibar that took place in the seventh year of A.H., and Allah refers to it in His word :

Meaning: Indeed. Allah was pleased with the Mu’min when they pledged allegiance to you under the tree, so Allah knew what was in their hearts and sent down tranquility upon them and rewarded them with a near victory: (the time), and much booty which they may take. And Allan is the Mighty, the Wise.

10. The conquest of Mecca that took place in the eighth year of A.H., and Allah has referred to it with His word :

Meaning:

Not equal among you are those who spent and fought before the conquest (of Mecca); they are higher in rank than those who spent and fought afterward; Allah promises to each of them a better reward.

And His words:

Meaning: When the help of Allah and victory have come.

11. The Battle of Hunain which took place in the same year (8th A.H.) and Allah showed with His words

Meaning:

Verily, Allah has helped you (O mu’minin) in many battles. But in the battle of Hunain, when you became arrogant because of your great numbers, that great number did not benefit you in the least. And the wide earth seemed narrow to you, so you fled backward in a scattered manner. Then Allah sends down tranquility upon His Messenger and upon the believers, and Allah sends down armies which you have not seen, and Allah inflicts calamity upon the disbelievers. Such is the vengeance of the disbelievers.

12. The Battle of Tabuk, which was a difficult battle fought in the ninth year of A.H. and has been detailed at greater length than what is mentioned in Surah At-Taubah. It is the longest of all the battles narrated in the Qur’an than any other battle.

Meaning:

O you who believe, why is it that when it is said to you: “Depart (to fight) in the cause of Allah”, do you find it hard and wish to stay where you are? Are you satisfied with the life of this world in exchange for the life of the Hereafter, when the enjoyment of this life is but a little in comparison with the life of the Hereafter?

These wars have all passed away as a result of the application of the Qur’anic principles that we have mentioned, namely defending oneself from the enemy, securing the da’wah, and tending to save the peaceful. The life of the Prophet (s.a.w.) came to an end after the entire Arabian peninsula had converged upon Islam.

HOUSEHOLD RULES

Some of the things detailed by the Qur’an are household rules, and take what it has prescribed:

MATCHMAKING (MARRIAGE)

The Qur’an prescribes marriage, and the contract is called a solemn promise. Allah says in Surah An Nisa’

Meaning: And they (your wives) have taken from you a strong promise.

And Allah gives grace to humans by making love and affection between husband and wife. Allah says in Surah Ar Rum:

Meaning:

And among the signs of His power is that He created for you wives of your own kind, that you may tend to Him and be at ease with Him: and He made love between you. Surely in that there are signs for those who know. And Allah made each husband and wife a garment for the other.

Allah says in Surah Al-Baqarah:

Meaning:

They are clothing for you, and you are clothing for them. The meaning is that your heart is at ease with them and their hearts are at ease with you, as Allah says :

Meaning:

Making for you the night (as) a garment. That is, you are at peace during the night.

And the Sunnah really encourages marriage and the idea of multiplying the ummah needs to be considered, because in the Hadith:

Meaning:

Marry, so that you may have offspring, for indeed I will boast about you to the people on the Day of Judgment.

And the Qur’an encourages marriage as Allah says in Surah An Nur:

Meaning:

And marry those who are alone among you, and those who are worthy of marriage of your female servants. If they are poor, Allah will enable them by His grace. And Allah is All-encompassing, All-knowing.

Among the Arabs there was no fixed limit on the number of wives, perhaps one of them had ten. So the Qur’an gave a middle limit. The Qur’an allows multiple wives for the one who is not worried about mistreating his wives. i Allah Ta’ala says :

Meaning: So marry any (other) women you please: two, three, or four. Then if you fear that you will not do justice, then (marry) one only, or the slaves you own. That is closer to not doing wrong.

The permissibility of having more than one wife is due to the twofold maintenance involved:

1. A human instinctual need where experience has proven that sometimes a husband is not enough with one woman.
2. Many offspring, but that is conditional on there being no fear of persecution, which is a harm that develops over two interests in the view of sharee’ah.

The multiplicity of wives is not something that is obligatory according to Islamic sharee’ah, rather it is something that is permissible, and it is up to the believer to do it or leave it, so long as he does not exceed the limits set by Allah.

The Qur’an has forbidden marital relations between a Muslim and the wives of his children and women who are related by marriage, breastfeeding or begetting.

Allah says in Surah An Nisa’:

Meaning:

And do not marry women whom your fathers have married, except in the past. Verily, that is abominable and hateful to Allah and the worst of paths. Forbidden to you (to marry) your mothers: your daughters, your brothers, your father’s sisters: your mother’s sisters: the daughters of your brothers: your nursing mothers: your sisters-in-law: your wife’s mothers (in-laws): your wife’s children in your care from a wife with whom you have had intercourse, but if you have not mixed with her (and you have divorced her), then there is no sin on you to marry her: (and forbidden to you) are the wives of your natural children (sons-in-law): and the joining together (in marriage) of two women who are sisters, except as was formerly the case: surely Allah is Forgiving, Merciful. And (it is also forbidden for you to marry) women who have husbands, except for the slaves you own. (Allah has decreed this law) as His decree upon you.

The Sunnah forbids bringing together a woman and her paternal aunt, or a woman and her maternal aunt, and the Sunnah forbids women who are related by descent.

The Qur’an prohibits a Muslim from marrying a polytheist woman or a polytheist from marrying a Muslim woman.

Allah Ta’ala says in Surah Al-Baqarah:

Meaning:

Do not marry polytheist women until they believe: surely a slave woman who is a believer is better than a polytheist, even if she attracts you. And do not marry polytheists (to mu’min women) before they believe: surely a mu’min slave is better than a polytheist even if he attracts you. They invite to hell, while Allah invites to paradise and forgiveness with his permission.

The Qur’an permits the women of the People of the Book as Allah says in Surah Al Maidah :

Meaning:

(And it is permissible to marry) the chaste women among those who were given the Book before you, when you have paid their dowries with the intention of marrying them, not for the purpose of fornication nor to keep them as concubines.

And the Qur’an forbids marrying a mukhshanah woman to an adulterous man or a mukhshanah man to an adulterous woman. Allah says in Surah An Nur:

Meaning: A man who commits adultery shall not marry except a woman who commits adultery, or a woman who is a polytheist: and a woman who commits adultery shall not marry except a man who commits adultery or a man who is a polytheist, and such are forbidden to the believers.

And the Qur’an allows those who are unable to marry a free woman to marry a slave woman, Allah says in Surah An Nisa’.

Meaning:

And whoever among you (free men) does not have sufficient means to marry a free woman, chaste and a believer, he may marry a believing woman from among your slaves: Allah knows your faith, as some of you are of others, so marry them with the permission of their masters, and give them dowries according to what is proper, and they are chaste women, not adulterers, nor women who take other men as their mules.

The Sunnah has laid down some conditions for the marriage contract. The Qur’an makes it obligatory for a man to give a woman a dowry, as Allah says in Surah An-Nisa’.

Meaning:

And. it is lawful for you to seek wives with your wealth to marry, not to commit adultery. So those wives among whom you have married, give them their dowries (in full), as an obligation: and there is no blame on you for what you have mutually consented to, after determining the dowry. Verily, Allah is All-Knowing, All-Wise.

The Qur’an explains the position of a man towards his wife. Allah says in Surah Al-Baqarah:

Meaning: And women have rights that are equal to their obligations in a ma’ruf manner. But husbands have one degree of advantage over their wives.

Allah says in Surah An Nisa” :

Meaning:

Men are rulers over women, because Allah has preferred some of them (men) over others (women), and because they (men) have spent their wealth. Therefore, the virtuous women are those who obey Allah and keep themselves behind their husbands’ backs because Allah has taken care of them. Those women whom you fear may be unfaithful, then counsel them, separate them from their beds, and beat them. Then if they obey you, then do not seek to trouble them. Verily, Allah is Most High, Most Great.

And Allah says:

Meaning:

And if a woman fears that her husband may be unfaithful or indifferent, there is nothing wrong with them making a true peace, and peace is better for them, though man is by nature miserly. And if you treat your wives well and preserve yourselves (from nusyuz and indifference), then surely Allah is All-Knowing of what you do. And you will never be able to do justice between your wives, even though you desire to do so, so do not be too inclined (to the one you love), so that you leave the other hanging. And if you make amends and refrain from cheating, then surely Allah is Forgiving, Merciful.

As the Qur’an laid down the principles of equal rights between men and women, it placed the leadership of the household in the hands of the husband, and he is also the one who is commanded to be kind in his dealings, just as the Sunnah increases the number of commandments in his dealings.

DIVORCE (THALAK)

Allah ordained the rules of divorce, just as He ordained the rules of society. Allah did not make divorce something irregular, rather divorce sews the marriage contract by preserving it from the actions that occur at any time, and take this information from the following:

1. Allah has doubts about a person’s feelings when he encounters something he hates. Allah says in Surah An Nisa’

Meaning:

And associate with them properly. Then if you do not like them, (then be patient) for perhaps you dislike something, but Allah has made of it much good. This is the meaning of the hadith:

Meaning:

Let not a mu’min man rub (divorce – pen) against a mu’min woman if he hates one of her deeds (mu’min woman) and loves another. Likewise, Allah encourages women to seek peace, Allah says in Surah An Nisa’ :

Meaning:

And if a woman fears that her husband may be unfaithful or neglectful, there is nothing wrong with them making a true peace, and peace is better (for them).

2. Allah enjoins the appointment of a hakam when there is a fear of dispute (shigag). Allah says by addressing the Muslims in Surah An-Nisa :

Meaning: And if you fear a dispute between them, then send a hakam from the man’s family and a hakam from the woman’s family. If the two hakam intend to make amends, surely Allah will help the husband and wife. Indeed, Allah knows best.

These words are addressed to all believers, whose successors (naib), namely ulul amri (government), carry them out.

3. After the implementation of the commandment, if divorce is unavoidable, the divorce should be granted at the beginning of the ‘iddah (waiting period), which is chastity without sexual intercourse. Allah the Great says in Surah Ath Thalaq :

Meaning:

O Prophet, when you divorce your wives, divorce them so that they may observe their (reasonable) iddah (waiting period), and reckon the time of the iddah (waiting period), and fear Allah your Lord.

The Messenger of Allah (peace and blessings of Allaah be upon him) reproached Ibn ‘Umar when he divorced her contrary to this, and he told him to reconcile with her and divorce her if he wanted to, in accordance with the Qur’anic injunction,

4, In Surah Ath Thalaq Allah instructs the wife to remain in her husband’s house during the ‘iddah period, so long as there is nothing to warrant her leaving:

Meaning: Do not expel them from their homes and do not let them go out unless they have committed an obvious abomination. That is the law of Allah, so indeed he has wronged himself. You do not know whether Allah may create something new thereafter.

The latter clause describes the cause for which the wife was commanded to stay at home.

5. When the woman has reached the period for which she is ordered to wait, the husband is to choose either to return or to divorce her, and each is to be witnessed by a witness. Allah says in Surah Ath Thalag :

Meaning:

When they have come to the end of their iddah, then either reconcile them kindly or release them kindly, and bear witness with two witnesses who are just among you, and establish your testimony for the sake of Allah. –

And Allah makes the husband more entitled to the woman while her iddah has not expired. Allah says in Surah Al-Baqarah:

Meaning:

And her husbands have the right to refer to her during the waiting period, if they (the husbands) want ishlah.

6. Allah commands the iddah, and it varies. A woman who has menstruation has three ‘iddahs’ – chastity, Allah says in Surah al-Baqarah :

Meaning:

Divorced women should refrain (wait) three chastity periods.

For women who have stopped menstruating and those who have not, the ‘iddah is three months. Allah says in Surah Ath Thalaq:

Meaning: And the women who have ceased to menstruate among your women, if you are in doubt (about their ‘iddah), their ‘iddah is three months: and so are the women who do not menstruate. And for those women who are pregnant, their ‘iddah is until she gives birth.

Allah forgives a woman who is unmarried by her husband during the iddah period, so Allah says in Surah Al Ahzab :

Meaning: When you marry believing women, then you divorce them before you have mixed with them, then by no means is ‘iddah obligatory for them for you to complete it.

And Allah tells men to be gentle with their wives during the iddah period. Allah says in Surah Ath Thalaq:

Meaning: Settle them (wives) where you are able, and do not trouble them to constrain them: and if they (wives who have been divorced) are pregnant women, then give them their maintenance until they give birth, then if they suckle (your children) for you then give them their wages and negotiate between you (everything) well, but if you encounter difficulties then another woman may suckle (the child) for her. The one who is able should spend according to his ability: and the one who is constrained in his means should spend from the wealth that Allah has given him: Allah does not impose a burden on anyone except what He gives him. And Allah will give ease after hardship.

1. Allah enjoins the giving of pleasure to a woman when she is divorced with something that comforts her, and this is an obligatory right for a woman who is divorced before having sexual intercourse, and it is not called a dowry. Allah says in Surah al-Baqarah: :

Meaning:

There is nothing (of dowry or sin) upon you, if you divorce your wives before you have fixed their dowries. And you shall give them Mut’ah (gifts), the well-to-do according to their means, and the poor according to their means (also), that is, according to what is proper. This is a provision for those who do good.

Then Allah mentioned it with the lafazh ‘am with His words:

Meaning: To the divorced women (let their husbands give) mut’ah according to what is reasonable, as an obligation for the pious.

Allah says about women who are divorced before having intercourse, in Surah Al Ahzab :

Meaning:

So give them mut’ah and release them in the best way possible.

Allah makes half of the dowry for a woman who is divorced before she has had sexual intercourse and the dowry has been determined. Allah says in Surah Al-Baqarah:

Meaning:

If you divorce your wives before you have mixed with them and you have determined the dowry, then pay half of the dowry that you have determined, unless your wives forgive or are forgiven by the one who holds the marriage bond, and your forgiveness is closer to piety. And do not forget the virtue between you. Verily, Allah is All-Seeing of all that you do.

8. Allah forbids a man to take something that he has been given, Allah says in Surah An Nisa :

Meaning:

And if you want to change your wife for another, and you have given to one of them a large sum of money, then do not take back anything from her. Will you take it back by way of false accusation and by way of (bearing) manifest sin?

Allah is lenient with the taking if both of them fear that the other will not fulfill Allah’s stipulations, as He says in Surah al-Baqarah:

Meaning:

 It is not lawful for you to take back what you have given them, unless you fear that they will not be able to fulfill the laws of Allah. If you fear that they will not be able to fulfill the laws of Allah, then there is no sin on either of them with regard to the payment made by the wife to redeem herself. These are the laws of Allah, so do not transgress them. Whoever breaks the laws of Allah are the wrongdoers.

9. Allah made an attempt at divorce twice, Allah says in Surah Al-Baqarah :

Meaning: Talak (which can be reconciled) twice. After that it is permissible to reconcile in a manner that is fair or to divorce in a good way.

If the husband has divorced her three times, then she is forbidden to him until the end, and it is obligatory for each of them to look for another marriage.

Meaning: Then if the husband divorces her (after the second divorce), then she is no longer lawful for him, until she marries another husband.

After she has tried another husband and divorced him, it is permissible for the first husband to marry her a second time,

Meaning:

Then if the other husband divorces her, there is no sin on either of them (the first ex-husband and the wife) to remarry if they both think that they will be able to fulfill the laws of Allah, He explains – to those who want to know.

Muslim narrated from Ibn ‘Abbas (r.a.) that three divorces were one divorce during the time of the Messenger of Allah (s.a.w.). This is something that Allah knows best, because allowing the husband to forbid his wife forever in one divorce would be a waste of the privileges that are understood from the Qur’anic texts in making a divorce in which there is reconciliation twice and forbidding a third time. The Qur’an mentions the kinds of divorce that were considered divorce in the time of the Jahiliyyah, and the Qur’an has stated the rules:

1. Ila’, in which the husband swears not to come near his wife, Allah says in Surah Al-Baqarah :

Meaning:

To those who sue their wives, four months’ respite is given. Then if they return (to their wives) then surely Allah is Forgiving, Merciful. And if they make up their minds to divorce, then surely Allah is All-Hearing, All-Knowing.

The apparent meaning of the verse is that Shari’ah has given the husband a period of time during which he can keep his vow until it has expired. If he returns during that period, Allah will forgive his vow, as indicated by the previous verse:

Meaning:

Do not make (the name of) Allah in your oaths a hindrance to doing good, fearing Allah and making reconciliation among people. And Allah is All-Hearing, All-Knowing. Allah does not punish you for your oaths which you did not intend to swear, but Allah punishes you for those which your hearts intended to swear. And Allah is Oft-Forgiving, Most Merciful.

1. Zhihar is a kind of forbidding among the Arabs, in which a man forbids his wife by saying to her: “You are to me as my mother’s back”. And Allah revealed this at the beginning of Surah al-Mujadalah:

Meaning: Verily, Allah has heard the words of the woman who sued you about her husband, and referred the matter to Allah. And Allah is All-Hearing, All-Seeing.

Those who divorce their wives among you, (their action is not right, for) their wives are not their mothers. Their mothers are nothing but the women who gave birth to them. And indeed they have uttered a false and deceitful word. And indeed Allah is Forgiving, Forgiving. Those who pronounce adultery against their wives, and then wish to retract what they have said, then they must free a slave before the two mix. This is what you have been taught, and Allah knows best what you do.

Whoever cannot find a slave, it is obligatory for him to fast for two consecutive months before they mix. And whoever cannot, it is obligatory upon him to feed sixty poor persons. So that you may believe in Allah and His Messenger. And these are the laws of Allah.

Thus it is clear that the ruling on divorce is a good one, and if it had been followed it would have been good, because divorce does not require the husband to stay with his wife if there is something that is hated between them, such as moral differences. And Allah has not made the matter of divorce easy without a guarantee.

And Shariah obliges the wife when her husband dies to leave her adornment, Allah says in Surah al-Baqarah :

Meaning: Those who die among you leaving wives (let the wives) suspend themselves (in ‘iddah) four months and ten days. Then when the ‘iddah has expired, there is no sin on you (the guardians) to let them do with themselves as they see fit. Allah knows what you do.

And the Shari’ah makes it permissible for the woman to stay in the marital home for one year and be provided with her husband’s maintenance, if she wishes,

Allah says in Surah Al-Baqarah:

Meaning: And those who will die among you and leave wives, let them make a will for their wives, (namely) to be provided for up to a year, without being asked to move (from their homes). But if they move out (on their own), then there is no sin on you (the guardians or heirs of the deceased) to let them do what is right for them. And Allah is the Mighty, the Wise.

Reflect on these two verses for a while and it becomes clear that you are not negating between them, because the first verse talks about the obligations of the wife and the second verse talks about the rights of the wife.

Allah forbids openly proposing to a woman who is in ‘iddah (waiting period) because of the death of her husband, and allows it by innuendo, Allah says in Surah Al Bagarah :

Meaning:

And there is no sin on you to propose to these women with good insinuations, or to conceal (your desire to marry them) in your hearts. Allah knows that you mention them; therefore, do not make marriage vows with them in secret, except to speak to them a fair word. And do not make up your minds to marry before the expiration of the ‘iddah. And know that Allah knows what is in your hearts: so fear Him, and know that Allah is Forgiving, and Merciful.

The Qur’an demands that divorced mothers breastfeed their children, Allah says in Surah Al-Baqarah :

Meaning:

Mothers should nurse their children for two full years, for those who wish to complete breastfeeding. And it is the duty of the fathers to feed and clothe the mothers in a reasonable manner, and no one is burdened except according to his ability. Let not a mother suffer hardship on account of her child, nor a father on account of his child, nor shall the inheritance be obliged to do likewise. If they wish to wean (before two years) with mutual consent and consultation, there is no sin on either of them. And if you want your children to be nursed by others, there is no sin on you if you provide payment according to what is appropriate. Fear Allah and know that Allah is All-Seeing of what you do.

Some of the things mentioned in the Qur’an that are related to household rules are :

1. What is required of the guardians of orphans. Allah the Great says in Surah al-Baqarah:

Meaning:

And they ask you about the “orphans, say: : It is better to deal with them decently, and if you treat them kindly, then they are your brothers.”

Allah says in Surah An Nisa” :

Meaning:

And give to the orphans (who have reached puberty) their property, and do not exchange good for bad, and do not eat of their property (by mixing it) with your own. Indeed, these acts (of exchanging and eating) are grave sins.

Allah says in the same letter:

Meaning: And test the orphans until they are old enough to marry, Then if you think they are intelligent (good at keeping property), then hand over to them their property, And do not eat the orphans’ property more than is reasonable and (do not) be hasty (to spend it) before they are grown up, Whoever (among the custodians) is mam. If he is poor, then he may eat of the orphan’s property as he sees fit. Then when you dispose of the property to them, you shall appoint witnesses for them. And Allah is sufficient as the Overseer (of the testimony).

Then Allah said:

Meaning:

And let them fear Allah for those who leave behind them weak children, whom they fear for their welfare. So let them fear Allah and let them speak the truth. Verily, those who devour the property of orphans unjustly are swallowing fire in their bellies, and they shall enter into a flaming fire (Hell).

And Allah, the Most Holy, speaks in matters that are commanded in connection with it:

Meaning: And (Allah enjoins you) that you take care of the orphans justly.

2. Wasiyat. Allah says in Surah Al-Baqarah:

Meaning: It is obligatory upon you, when death comes to one of you, if he leaves behind much wealth, to make a bequest to his parents and relatives in a fair manner (this is an obligation upon the pious).

So whoever alters the will after he has heard it, the sin is on those who altered it. Verily, Allah is All-Hearing, All-Knowing,

(But whoever fears that the testator may be partial or sinful and reconciles between them, there is no sin on him. Verily, Allah is Oft-Forgiving, Most Merciful.

The Sunnah corroborates this understanding and the Prophet (peace and blessings of Allah be upon him) said:

Meaning:

The right of a Muslim who has something to bequeath in a situation where he stays overnight is only to write his will by his side.

3, The courtesy of asking for permission.

Allah the Great says in Surah An Nur:

Meaning:

O you who believe, do not enter a house that is not your own until you have asked permission and greeted the occupants. That is better for you, that you may remember. If you find no one in it, then do not enter until you have received permission. And if it is said to you: Return”, then return. That is cleaner for you and Allah knows best what you do. There is no sin upon you in entering a house prepared for you to live in, in which you have a need, and Allah knows what you reveal and what you conceal.

Allah says in the same letter:

Meaning:

O you who have believed, let your male and female slaves and those who have not reached puberty among you ask your permission three times a day: before the Fajr prayer, when you take off your outer garments in the middle of the day, and after the ‘Isha prayer! (These are) the three kinds of aurat for you. There is no sin on you nor on them apart from these three times. They serve you, and some of you have need of others. Thus Allah explains the verses to you, and Allah is All-Knowing, All-Wise. And when your children reach the age of puberty, then let them ask permission, as those before them asked permission. Thus Allah explains His verses, and Allah is All-Knowing, All-Wise.

God says:

Meaning:

So when you enter (any of) these houses, greet (the occupants, which is the same as greeting) yourselves, a greeting from the side of Allah, blessed and good.

And Allah says specifically about the Prophet’s house in Surah Al Ahzab :

Meaning: O you who have believed, do not enter the houses of the Prophet except when you are permitted to eat, and do not wait for the meal to be cooked: but if you are invited, enter, and when you have eaten, go out without prolonging the conversation: for that would annoy the Prophet, and he would be ashamed of you (to send you out). But Allah is not ashamed of the truth,

4. Modesty of the veil.

There are two kinds of veil, namely :

1. That which relates to women in their dress, adornment and the way they look at men and the way men look at them,
2. That which relates to a woman when she leaves her home, and her association with men in her work.

About the first one Allah says in Surah An Nur:

Meaning: Say to the believing men: Let them restrain their gaze, and keep their private parts: that is purer for them, surely Allah knows best what they do.

Say to the believing women: Let them restrain their gaze, and keep their private parts, except what is (ordinarily) apparent from them. And let them draw their veils over their breasts, and not reveal their adornment, except to their husbands, or their fathers, or their husbands’ fathers, or their sons, or their husbands’ sons, or their brothers, or the sons of their sisters, or the women of the faithful. or their fathers, or their husbands’ fathers, or their husbands’ sons, or their husbands’ sons, or their brothers, or their brothers’ sons, or their sisters’ sons, or the sons of their brothers, or the sons of their sisters, or the Muslim women, or the slaves they own, or the male servants who have no desire (for women), or the children who do not yet understand about women’s private parts; and let them not strike their feet to make known the ornaments they conceal. And repent ye all unto Allah, O ye who believe, that ye may prosper.

Allah says in Surah Al Ahzab:

Meaning:

O Prophet, say to your wives, your daughters and the wives of the mu’min: “Let them spread their veils over their whole bodies”. That is so that they may be more easily recognized, so that they may not be harassed. And Allah is Forgiving, Merciful.

Allah says in Surah An Nur:

Meaning: And the old women who have ceased (from menstruation and childbearing) who do not wish to marry (again), there is no sin on them in taking off their garments without (intending) to show their adornment, and modesty is better for them. And Allah is All-Hearing, All-Knowing.

Regarding the latter, Allah says by addressing the Prophet’s wives in Surah Al Ahzab :

Meaning:

And you shall remain in your houses, and shall not adorn yourselves and act like the former Jahiliyyah.

And Allah says about them:

RULES OF INHERITANCE

Mempusakai (receiving inheritance) was already known among the Arabs, and the guideline was guardianship. The person who succeeds to the estate of a deceased person is the one who is closest to him in guardianship, namely his son who helps him. That is why inheritance is limited to sons because they are the ones who will defend and defend him: other than sons, there is no share. The people closest in guardianship after the son are the father, brother, uncle (on the father’s side) and so on in the place of the son.

When Islam came, it retained the rules of guardianship, except that Islam made the basis of guardianship Islam and hijrah, because Islam aims to form an ummah whose members are bound by a strong bond. Allah says in Surah Al Anfal:

Meaning:

Indeed, those who believe and emigrate and strive with their wealth and souls in the cause of Allah and those who give shelter and help (to the Muhajirin), they are protectors of one another. And as for those who believe but have not emigrated, you have no obligation to protect them until they emigrate. (But) if they ask you for help in the defense of your religion, then you are obliged to help them, except against those with whom you have made a covenant, and Allah is All-Seeing of what you do. If you had not done what Allah has commanded, there would have been chaos on earth and great destruction. And those who believe and migrate and strive in the cause of Allah, (as well as) those who give aid (to the Muhajirin), they are the true believers. They will have forgiveness and a glorious blessing (n”mat). As for those who believe thereafter, then migrate and strive with you, then they are among you (too).

With this law, the bond of guardianship is broken between a mu’min who migrates and another who does not believe, or one who believes but does not migrate.

Islam makes guardianship for the closest person, then the closest person after him (under him). Allah says:

Meaning:

Those who are related are some of them more entitled to each other than those who are not related in the Book of Allah. Indeed, Allah knows all things:

Allah says in Surah Al Ahzab:

Meaning: And those who are related to one another by blood have more right (to inherit) in the Book of Allah than the mu’min and the Muhajirin, unless you do good to your brothers. That is what has been written in the Book.

Allah Ta’ala says in Surah An Nisa’ :

Meaning:

For each of the inheritances of the property left behind by the parents and relatives, We have made heirs. And (if there are) those to whom you .have sworn allegiance, then give them their share. Verily, Allah is witness to all things.

This contractual guardianship is known as muwalah guardianship, which is something that the deceased leaves to his brothers and sisters after the children of the parents, relatives and those who are bound by oath. In the pre-Islamic period, a man would establish guardianship between himself and another man for mutual help and inheritance, and Islam did not abolish this guardianship.

Islam overthrew the Jahiliyyah rule that limited the ownership of inheritance (tirkah) to men. Allah says in Surah An Nisa’

Meaning:

For men there is a right of inheritance from their parents and relatives, and for women there is a right of inheritance from their parents and relatives, either a little or a lot according to a predetermined share.

These are general rules, in which the share of each heir is not specified. They are all based on the rules that have gradually developed in the development of the ruling, which we have described to you.

Allah s.w.t. ordered the owner of the property to explain the property that he wants to give to his parents and relatives. So Allah sent down the verse of wasiyat that we have mentioned, then for him to explain what each of the heirs must take from the children and other than them. In addition, he preserved the principle of giving preference to men over women when they are related to the deceased in the same way, except in the case of brothers and sisters, because the text of the Qur’an suggests that they should be equal, even if there is no text to that effect. Allah, the Exalted, speaks about the inheritance of children in Surah An-Nisa’: ,

Meaning:

Allah has prescribed for you the division of inheritance for your children, viz: The share of a son is equal to the share of two daughters. If there are more than two daughters, then they share two-thirds of the property left behind: if there is only one daughter, then she gets half the property.

Allah says about inheritance for both parents:

Meaning:

And for two parents, for each of them a sixth of the property left behind, if the deceased has children. If the deceased has no children and he is inherited by his parents (only) then his mother gets a third. If the deceased has brothers, his mother gets one-sixth.

Allah says about the inheritance of husband and wife:

Meaning:

And for you (husbands) one-half of the property left by your wives, if they have no children. If your wives have children, then you get a quarter of the property they leave behind after fulfilling their wills or (and) after paying their debts. The wives get a quarter of the property you leave if you have no children, If you have children, then the Wives get an eighth of the property you leave,

Allah says about the inheritance of the mother’s children:

Meaning:

If someone dies, male or female, leaving no father and no children, but has a brother (a mother only) or a sister (a mother only), then for each of the two types of brothers a sixth of the property. But if the brothers are more than one, then they are partners in the third.

Allah says about the inheritance of brothers as ‘ashabah :

Meaning:

They ask you for a fatwa (on kalalah). Say: Allah gives you a fatwa on kalalah (namely): if a man dies, and he has no children, and he has sisters, then his sister shall have one-twelfth of the property he leaves behind, and his brother shall possess (all the property of the sister), if he has no children: but if the sisters are two, then they shall share two-thirds of the property left behind by the deceased. And if they (the heirs consist of) brothers and sisters, then the share of a brother is as much as the share of two sisters.

Allah made it so that inheritance takes precedence over wills and debts (wills and debts are paid first – pent). The Messenger of Allah s.a.w. said:

Meaning: Give the shares to the experts and the remainder to the nearest male. With this, the inheritance of people who are not mentioned in the Qur’an, namely paternal uncles and the children of paternal uncles, is known.

MU’AMALAT

What is meant by mu’amalah is all the contracts by which people exchange their needs. The Qur’an has expressed it in general terms, leaving the details to the mujtahids of this ummah (Islam). Some of the general rules (kulliyah rules) are as follows:

1. Allah enjoins in general terms the fulfillment of promises. Allah says in Surah Al Maidah:

Meaning:

O you who believe, fulfill those contracts. . This verse is an all-encompassing statement of the obligations owed (fulfilled – pent) by man to man.

2. Allah forbids eating people’s wealth illegally and giving it to judges. Allah says in Surah Al-Baqarah:

Meaning: And let not some of you eat of the wealth of others among yourselves by unlawful means, and let not your wealth be brought before judges, that you may eat of the wealth of others by way of sin, when you know.

Allah permits profit from trade, as He says in Surah An Nisa” :

Meaning:

O you who have believed, do not eat your neighbor’s wealth by unlawful means, except by way of a consensual trade between you.

When this nashah becomes the presumptive place of the prohibition of man eating any property belonging to another, even if it is his relative, Allah, the Great, says in Surah An Nur :

Meaning:

There is no prohibition for the blind, nor for the lame, nor for the sick, nor for yourselves, to eat in your own houses (while they are eating with you, nor) in the houses of your brothers, nor in the houses of your fathers, nor in the houses of your sisters, nor in the houses of your fathers’ brothers, nor in the houses of your mothers, nor in the houses of your mothers’ sisters, nor in the houses of those to whom you have keys, nor in the houses of your friends. There is no prohibition for you to eat together or alone.

3. The Qur’an points out the special nature of buying and selling, which is one of the most important types of exchange, by mentioning the permissibility of buying and selling and the prohibition of riba. Allah says in Surah Al-Baqarah:

Meaning: Those who eat (take) usury cannot stand but as one who is possessed by a demon because of insanity. That is because they say that buying and selling is the same as usury, whereas Allah has made buying and selling lawful and usury unlawful.

Then God said:

Meaning:

Allah destroys usury and nourishes charity. And Allah dislikes those who persist in their disbelief and continue in sin.

God says:

Meaning:

O you who believe, fear Allah and leave behind the remnants of usury (which have not been collected) if you are believers. If you do not do so, then know that Allah and His Messenger will fight you. And if you repent (from taking usury), then to you shall be the substance of your wealth: you shall not wrong nor be wronged. And if (the debtor) is in difficulty, then give him a respite until he is able. And if you give in charity (some or all of the debt), it is better for you if you understand.

Allah says in Surah Al ‘Imran:

Meaning:

O you who believe, do not eat usury with double.

The Qur’an does not explain what buying and selling is and what usury is. It is sufficient for the listeners to know what they are familiar with, because they are always buying and selling and taking debts until a certain time. When that time comes, the creditor says to the debtor: “Pay up or give it away”. If he fails to do so, the debt is doubled. If the debt is a camel that is one year old, then he should return it with a camel that is two years old. If the debt is a bushel of food, two bushels of food shall be returned.

The Qur’an has explained that usury is against the principle of tolerance that is reinforced by Islamic law. Allah says in Surah Ar Rum:

Meaning:

And whatever usury (extra) you give that it may add to the wealth of men, it does not add to the wealth of Allah. And what you give in the form of zakaah that you intend to achieve the pleasure of Allah, then those who do so are those who multiply (their reward).

It is understood from Arab customs and some hadiths that usury is an addition in return for delaying a debt for someone who is unable to fulfill it.

Some of the most important rules brought by the Qur’an are those concerning the recording of debts, for which the longest verse in the Qur’an has been revealed and which is among the last to be revealed.

Meaning:

O you who believe, when you do business, not in cash for a fixed time, you should write it down. And let a scribe among you write it down correctly. And let not the writer be reluctant to write as Allah has taught him, so let him write, and let the debtor estimate (what he will write). And let him fear Allah his Lord, and let him not diminish any of his debts. But if the debtor is of weak mind or incapable of estimating, then let his guardian estimate honestly. And witness it with two witnesses from among your men. If there are not two men, then (it is permissible) a man and two women, of witnesses whom you approve, so that if one forgets, the other reminds him. And do not let the witnesses be reluctant to give evidence when they are called upon, and do not be weary of writing down debts, small or great, until the time for paying them is reached. (Write down your dealings), unless it is cash trade which you carry on between you, then there is no sin on you if you do not write it down. And testify when you buy and sell, and do not make it difficult for the writer and the witness. If you do (so) then surely it is disobedience on your part. And fear Allah, Allah teaches you, and Allah knows all things. If you are on a journey (and do business not in cash) and you do not have a scribe, then let there be a bond held by the creditor. But if some of you trust others, then let the trustee fulfill his trust and fear Allah his Lord, and do not conceal your testimony. And whoever conceals it, then indeed he is a sinner at heart, and Allah knows best what you do.

After that, the Sunnah explains much of the mu’amalah about the Prophet’s rulings, and all of them are applications of the Qur’anic commands that are ‘am, or details for the mujmals, or gavids for the absolutes. And we will mention a few of them when describing the Muslims’ ijtihad in deriving rulings.

PUNISHMENT

Most of the punishments inflicted on people who commit sins are the punishments of the Hereafter. The Qur’an mentions many criminal acts and then describes them.

As for worldly punishments, Allah has specified in His Book five kinds, namely:

1. Qishash.

It is well known that the Arabs had a customary rule that the entire tribe was responsible for the crimes of its members, unless the tribe announced a public ransom. Therefore, it was rare for the guardian of the offender to accept the gishash from the offender, especially if the offender was a noble or a lord of his tribe, rather they extended their demands to an extent that sometimes led to war between two tribes. And most of the tribe of the offender protected him, so this led to vices and wars which were sometimes settled in a protracted manner, so the Qur’an came to limit the person liable in gishash where the Qur’an only limited it to the offender himself.

Allah says in Surah Al-Baqarah:

Meaning: O you who have believed, it is obligatory upon you in respect of those who are killed: free man for free man, slave for slave and woman for woman.

The Qur’an makes it clear that the person who commits the crime is himself charged with the crime.

Then the Qur’an explains the importance of the rule of qishash in this life in clear, concise and subtle terms. Allah says:

Meaning:

And in the qishash there is life for you, O people of understanding, that you may fear.

This definition is understood globally from the words of Allah Ta’ala in Surah Al Isra ! Makkiyah:

Meaning: And whoever is unjustly killed, We have indeed given power to his heirs, but let not the heirs exceed the limit in killing, for surely he is one who has help.

This is the Arabian rule that is perpetuated by the Qur’an which gives power in the prosecution of qishash to the guardian of the murdered person.

 And the rule of diyat (ransom) was implemented among the Arabs, so the Qur’an perpetuates it and shows it with the words of Allah in Surah Al-Baqarah :

Meaning:

So whoever is forgiven by his brother, let him (the one who forgives) follow in kind, and let him (the one who is forgiven) repay the one who forgives in kind. Such is a concession from your Lord and a mercy. Whoever transgresses after that, then for him is a painful punishment.

Allah says in Surah An Nisa’:

Meaning:

And whoever kills a mu’min by mistake (unintentionally), let him free a believing slave and pay blood money to his family, unless they give alms. If he (the slain) is of a people who are enemies to you, and he is a mu’min, then (let the slayer) free a believing slave. And if he (the slain) is of a (disbelieving) people with whom you have a treaty (of peace), then (let the slayer) pay blood money to his (the slain’s) family and free a believing slave. And whosoever cannot find it, let him (the killer) fast for two consecutive months in acceptance of repentance from Allah. And Allah is the All-Knowing, the All-Wise.

The Sunnah has explained the ruling on diat (blood money) and restored part of the diyat to the person who was subjected to it, i.e. the remainder of the accountability. The Qur’an informs us of the Torah’s ruling on the qishash of the limbs. Allah says in Surah Al Maidah:

Meaning:

And We have ordained for them therein (the Torah) that the soul is to be avenged with the soul, the eye with the eye, the nose with the nose, the ear with the ear, the tooth with the tooth, and wounds have their punishment. ‘Whoever waives (the right of kisas), then waiving that right (becomes) a penance for him.

2, Had adulterers. In the Qur’an Allah has determined the had of adultery, which is one hundred lashes without separation. Allah says in Surah An Nur:

Meaning:

The woman who commits adultery and the man who commits adultery, inflict on each of them one hundred lashes, and let not mercy on either of them prevent you from (practicing) the religion of Allah, if you believe in Allah and the Last Day. And let their punishment be witnessed by a group of the believers.

The Qur’an has made the hadd for the adulteress half of what is due to her.

Allah says in Surah An Nisa’

Meaning:

So if they have guarded themselves by marriage, then they commit adultery, then upon them is half the punishment of the married women.

And the Sunnah has come with the stoning of adulterers who are muhshan. In the Sahih Muslim it is stated that Abu Ishag Ash Shibani asked Abdul Lah bin Abi Aufa: “Was the Messenger of Allah stoned?” He replied: “Yes”. He asked: “After the revelation of Surah An Nur or before?” He replied: “I do not know”,

3. Had on the hukas (accusers of adultery). In the Qur’an, Allah prescribes a hadd for the one who hacks at a woman who has a muhshan, eighty lashes. Allah says in Surah An Nur:

Meaning:

And those who accuse good women (of adultery) and they do not bring four witnesses, then punish them (the accusers) eighty lashes, and you shall not accept their testimony forever. And these are the wicked. Except those who repent thereafter, and amend (themselves), then surely Allah is Forgiving, Merciful.

Allah made a special rule for husbands, when quoting their wives.

Allah says in that same Surah (An Nur) –

Meaning:

And those who accuse their wives of adultery, and they have no witnesses but themselves, then the testimony of the man is four oaths in the name of Allah, that he is of the truthful. And the fifth is that Allah’s la’nat will be upon him if he is of those who lie.

When his oath in the name of Allah takes the place of four witnesses, the Qur’an provides a way for the wife to purify herself. After that Allah says:

Meaning:

The wife was saved from punishment by swearing four times in the name of Allah that her husband was indeed one of those who lie. And the fifth oath that the wrath of Allah will be upon her if her husband is among the truthful.

A glance at these two noble verses shows that the issue is to establish the punishment for adultery on the part of the husband, and to deny it to the wife, and this does not include issues related to marriage and children.

4, Had a thief.

Allah prescribes cutting off the hands of thieves. Allah says in Surah Al Maidah:

Meaning: The man who steals and the woman who steals, cut off the hands of both (as) retribution for what they have done and as a punishment from Allah. And Allah is the Mighty, the Wise.

So whoever repents (among the thieves) after committing the crime and reforms himself, then surely Allah accepts his repentance. Indeed, Allah is Oft-Forgiving, Most Merciful.

5. Had rogues.

Allah Ta’ala determines the reward of the thieves. Allah says in Surah Al Maidah:

Meaning: Verily, the recompense of those who fight against Allah and His Messenger and cause mischief in the earth, is only that they should be killed or crucified or their hands and feet should be cut off in recompense, or they should be banished from their country. That is a humiliation for them in this world, and a great torment for them in the Hereafter, except for those who repent (among themselves) before you can seize them: then know that Allah is Forgiving, Merciful.

In the Qur’an there is no punishment other than what we have mentioned.

And the Sunnah has explained the sixth hadith, which is the hadith for drinking alcohol, which the Prophet (peace and blessings of Allah be upon him) had faced.

The principles that the Qur’an upholds in had are :

1. For the good of the people, Allah has said about qishash:

Meaning:

And in the gishash there is life for you, O men of understanding, that you may fear.

2, To restrain the offender from repeating the crime. Allah says about the punishment of male thieves and female thieves:

Meaning:

(As) retribution for what they have done and as a punishment from Allah. Dash Allah says about the thieves:

Meaning:

That is (a) humiliation for them in the world.

The Sunnah has enjoined caution in imposing these punishments so that the deterrence is confirmed by the existence of the hadd, and the mitigation by being careful in imposing them. This is found in the hadeeth narrated by ‘Aa’ishah, and transmitted by al-Turmudzi:

Meaning:

Refute these hadiths from the Muslims to the best of your ability. If he has a “way out” then take it. For indeed the imam, if he errs in forgiving is better than erring in punishing.

This is what Allah revealed to Muhan. mad s.a.w., and he was commanded to Convey and explain it to the people. So he conveyed the message as he was commanded and he explained by sunnah amaliyyah (practices) and gauliyyah (sayings) to the people what was revealed to them,

SECOND PERIOD: LEGAL DEVELOPMENT IN THE TIME OF THE GREAT SHAHABATS 11 to 40 AH.

An overview of the global political situation.

The Prophet s.a.w. passed away and Abu Bakr r.a. became the Caliph. At that time he found most of the Arabs turning away from Islam. Abu Bakr’s steady aspirations and the strength of faith in the hearts of the Muhajirin and Anshar were the most useful medicine to strengthen the pillars of Islam. So he prepared several armies that established the region and restored Arab unity. Abu Bakr sent these armies to Iraq and the Levant, to spread the word of Islam to the Persian and Roman empires, and Abu Bakr died before this was realized and it was not yet known who would continue it.

Then came ‘Umar, and under his hand the conquests were completed, and the Muslims ruled from the east over most of Persia up to the river Jihon (Amudariya), from the north over Suriyah and the land of Armenia. From the west over Egypt. In his time, great Islamic cities such as Fusthath, Kufa and Bashrah were built. Most of the Muslims lived there, and among them were many Sahabah. Many people who were not Arabs entered Islam…

At the time of Uthman the conquests extended to the east and west, but the high building was hardly completed, because it was hit by a great battle, namely the furor against amirul mu’minin Uthman “bin Affan r.a. which began with the conspiracy of those who hated him and ended with the action of the gathering of three major countries to Medina where they finished his life (Uthman). It became a schism in the opinion of the Muslims, namely one group that was vengeful for Uthman and they were the ones who pledged allegiance to Ali bin Abu Talib r.a., and one group that was vengeful for the killing of Uthman and they were the ones who followed Mu’awiyah bin Abu Sofyan r.a. The residence of the first group was Kufa the capital of Iraq and the residence of the second group was Damascus the capital of the Levant. The two groups hated each other and one cursed the other and eventually the matter, led to a great war between the two groups in the field of Shifin. The fighting men of the two groups were the chosen ones of the Muslims in the Islamic world, and the war did not end with a decisive victory for either of the two groups, because the people of the Levant asked for negotiations with: the book of Allah and most of the people of Iraq granted it. This negotiation was a strength for the first group, Mu’awiyah’s group, and a weakness for the second group, Ali’s group, because there were those in his army who denounced the negotiation and cursed those who agreed to it, so Ali was busy fighting them who were getting stronger. And it ended with Ali being killed by a stolen murder by one of the Khawarij. With the killing of Ali most of the Muslims gathered under Mu’awiyah b. Abu Sufyan.

That period ended and the Muslims were politically divided into three groups:

1. The majority of the Muslims, they were the ones who were pleased with Mu’awiyah and his rule.
2. The Shi’ah were those who continued to love Ali and his family.
3. Khawarij, those who had a grudge against Uthman,

Ali and Mu’awiyah throughout. Each of these three factions had a particular influence on the development of Islamic law, which would become apparent in the following period.

AL QUR’AN AND AS SUNNAH IN THE SECOND PERIOD

We have explained above that the Qur’an was revealed in groups. Whenever verses of the Qur’an were revealed, the Messenger of Allah conveyed them to the majority of the Muslims and he ordered the scribes of the revelation to write them down. Some of them contented themselves with memorizing what they got and some wrote it down. The Apostle determined the verses and suras. He died and the Qur’an had not yet been collected in one mushhaf, but the Qur’an had been preserved in the chests of the memorizers of the Qur’an (huffazh), in the sheets of the scribes of revelation and other sheets that were in the hands of the writers. The number of people who memorized the Qur’an at the time of the Prophet was large and some of them memorized the entire Qur’an.

At the beginning of the time of Abu Bakr r.a. events occurred that brought attention to the necessity of collecting the entire Qur’an in one mushhaf, thus at the battle of Yamamah a large number of memorizers of the Qur’an were martyred, thus Abu Bakr became concerned about the Qur’an.

Al Bukhari narrated in his Sahih from Zaid bin Tsabit said: Abu Bakr summoned me at the battle of Yamamah, suddenly Umar bin Khathab was by his side, so Abu Bakr said: “Verily Umar came to me: I said to Umar: “Umar came to me and said that in the battle of Yamamah many of the readers of the Qur’an were killed and I fear that the wars in other countries will take their toll on the readers of the Qur’an so that much of the Qur’an will be lost and I think that you should order the collection of the Qur’an”. I said to Umar: “We are doing what the Messenger of Allah (s.a.w.) did not do”. He said: “By Allah, it is good”. Umar kept returning to me so that Allah opened my chest for him, and in this case I am of the opinion of Umar”. Zaid said: Abu Bakr said to me: “You are a reasonable young man, I like you very much, and you used to write down revelations for the Messenger of Allah (s.a.w.), so check the Qur’an and collect it”. By Allah, if they had charged me with moving a mountain, it would not have been as heavy as collecting the Qur’an.” I said: “How can you do something “that the Messenger of Allah (s.a.w.) did not do?” He said: “How can you do something? ?” He said: “it is good”, and Abu Bakr kept returning to me so that Allah opened my chest to something opened to the chest of Abu Bakr Umar r.a. So I examined the Qur’an. and collected it from palm fronds or thin stones and people’s memorization until I found the end of Surah At-Taubat in Abu Khuzayman Al Anshari where I did not find that verse in anyone other than him.

until the end of Surah Bara’ah. The sheets were in Abu Bakr’s place until Allah recorded them, then in Umar’s place during his lifetime, then in Afshah bint Umar’s place.

In Al Itqan, As Suyuthi narrated, he said : Harith Al Muhasibi said in his book Fahmus Sunan: “The writing down of the Qur’an was not new, for the Prophet (s.a.w.) always ordered it to be written down, but it was scattered on writing paper, shoulder blades and palm fronds. Ash Shiddiq only ordered to copy it from one place to another so that it would be collected. And it occupied the papers that were scattered in the house of the Messenger of Allah (s.a.w.), in which the Qur’an was scattered, so someone collected them and tied them with thread so that not a bit was lost.

Zaid bin Tsabit was among the memorizers of the Qur’an and the scribes. In that he did not suffice with his memorization and writing, but he sought help from the hearts of the huffazh, the sheets of the scribes and the writings found in the house of the Messenger of Allah s.a.w. He completed the collection in the presence of a large crowd of Muhajirin and Anshar and with the work of Abu Bakr and Umar r.a., so Allah s.w.t. completed what was contained in his words.

Meaning:

Indeed, it is We who have sent down the Qur’an, and it is We who have preserved it.

These sheets as stated earlier were in the custody of Abu Bakr, then Umar and Hafshah bint Umar the mother of the mu’min. At the time of the third caliph, Uthman bin Affan r.a. he felt obliged to transmit this mushhaf to the major Islamic countries.

What makes him feel this way is that the memorizers have scattered in large countries reciting the Qur’an, but among them there are slight differences in some of the letters of the Qur’an because they follow their language. This led to some reciters favoring their recitation over others. This reached ‘Uthman, who said that it was a source of great danger and must be avoided. Al-Bukhari narrated from Aus that Hudhayfah bin Yaman came to Uthman, and he fought the people of Sham in the conquest of Armenia and Adzarbijan with the people of Iraq. Hudhayfah was surprised at their differences in recitation (of the Qur’an – pent), and he said to Uthman : “Give understanding to the people, before they dispute like the Jews and Christians dispute”. So Uthman sent a messenger to Hafshah: “Send the sheets to us (Uthman), we will copy them into mushhaf-mushhaf then we will return them to you”. So Hafshah sent it to Uthman and he sent Zaid bin Tsabit, Abdullah bin Zubair, Sa’id bin Ash and Abdur Rahman bin Harith bin Hisham, then they copied it in several mushhatf. Uthman said to the third group of Quraysh: “When you and Zayd bin Tsabit dispute about something from the Qur’an, then write it in the tongue of the Quraysh for indeed the Qur’an was revealed in their tongue”. So they did so, when they had finished copying the sheets into several mushhafs, Uthman returned them to Hafshah. Everywhere he sent a mushhaf that they had copied and ordered to burn the Qur’an that was in every other sheet of the mushhaf. This was in the year 25 A.H. The mushaf copied from him (the one at Hafshah’s place) was sent to Kufa, Bashrah, Damascus, Mecca and Medina. And the mushaf for his guidance is known as the Imam’s mushaf. The mushaf was placed in the major countries where it became the guide of the Qurra and the huffazh. With this deed of Uthman r.a. the security of the Book of Allah from differences in its letters was completed.

As for the sunnah qauliyah (sayings of the Prophet – pent) then it does not receive this kind of attention in collecting it, and there may even be negative work to reduce its narration, as shown in the following example:

1. Al Hafizh Adz Dzahabi narrated in Tadzkiratul Hutfazh he said: Marasil ibn Abu Mulaikah reported that Ash Shiddiq gathered the people after the death of their Prophet and he said: Verily you narrate from the Messenger of Allah (s.a.w.) hadiths in which you differ and people after you will differ even more. So do not narrate anything from the Messenger of Allah (s.a.w.) and say: “Between us and you there is the Book of Allah, and what it permits, it forbids, and what it forbids”.

2. Al-Hafizh said: Shu’bah and others narrated from Bayan that Qirzhah ibn Ka’b said: “Do you all know why I am accompanying you?”‘ They said: “Yes, as our honor”. He said: In that case, because you have come to the villagers, they are buzzing the Qur’an like the buzzing of bees. So do not confuse them with hadiths that make them busy. Purify the Qur’an and publish the narrations of the Messenger of Allah and I am your ally.” When he reached Qurzhah they said: “Give a hadith”. He said: “Umar forbade us”.

3. It was narrated from Darawardi from Muhammad ibn Amr ibn Abu Salman from Abu Hurayrah that I said to him: “Did you narrate the hadith at the time of ‘Umar like this?” So he said: “If I had narrated a hadith at the time of ‘Umar like what I am telling you, ‘Umar would have beaten me with a bat.

4. It was narrated from Ma’nin ibn Isa said: Malik narrated to me from Abdullah bin Idris from Shu’bah from Sa’id bin Ibrahim from his father that Umar detained three men namely Ibn Mas’ud, Abu Darda’ and Abu Mas’ud Al Anshari, so Umar said: “Indeed, you have multiplied the hadith of the Messenger of Allah (s.a.w).”

5. It was narrated from Ibn ‘Aliyah from Raja’ ibn Abu Salmah who said to me that Mu’awiyah said: “You should be like what you were at the time of ‘Umar, because ‘Umar frightened people with the hadiths of the Messenger of Allah (s.a.w.).”

6. As Sayuthi said in Tanwirul Hawalik, the commentary on Imam Malik’s Muwatha, Al Harawi quoted from Az Zuhri saying: “Urwah bin Zubair told me that ‘Umar bin Khathab wanted to write down the Sunnahs. He consulted with the companions of the Messenger of Allah and they generally agreed to write them down. He remained silent for one month while seeking refuge with Allah about it because he was undecided. Then on the morning of one day, when Allah had made up his mind, he said: “Verily, I have always reminded you to write down the sunnahs as you all know them. Then I remember when the people of the Book who were before you wrote down the Book of Allah along with other writings, so they relied on them and left the Book of Allah. And I, by Allah, do not mix the Book of Allah with anything else”. So he abandoned writing down the sunnahs.

Ibn Sa’d said in Ath Thabagat, Qubaishah bin ‘Uqbah told us, Sufyan told us from Ma’mar from Az Zuhri said: ‘Umar wished to write down the Sunnahs, so he made istikharah to Allah for one month, then he entered the morning prayer and Allah had made up his mind, so he said: “I remember the people who wrote writings and they accepted them and left the Book of Allah”. That concludes this noble commentary on Imam Muhammad’s Muwatha’.

7. Al Bukhari narrated from Al A’masy from Ibrahim At Taimi from his father from Ali saying: We have no writing to read except the Book of Allah and what is on this sheet. So he spread it out, and suddenly there was the age of a camel on it, and in Madinah he forbade those who criticized it. So whoever relies on something new in it (the sheet) then upon him is the curse of Allah, the angels and all mankind. Allah does not accept sincerity and justice from him. And in it is the security of the Muslims, which is sought by the closest of them. Whoever breaks a promise to another Muslim will be cursed by Allah, the angels and all people. Allah does not accept sincerity and justice from him. And he who works for a people without the permission of his master, upon him is the curse of Allah, the angels and all mankind. Allah does not accept sincerity and justice from him.

8. It is mentioned in the narration of ‘Abdullāh ibn Mas’ūd that he minimized the narration of hadith and guarded himself against the sin of words (then this is from the atsar of ‘Umar). And it was narrated from Abu Umar Ash-Shaibani who said: I sat with Ibn Mas’ud for one year, he did not say: The Messenger of Allah s.a.w. said so: When he said that the Messenger of Allah (s.a.w.) said this, he was troubled by trembling. And he said: “‘Thus or like this or close to this or like this or or”. A glance at this narration from them, and they are the imams of the fatwa and the leaders of the Muslims, may leave an impression in the mind of their lack of sincerity in holding and considering the Sunnah in perfecting the legal guidance according to the Qur’an. When we think about what is narrated from them, we realize that what they are aiming for in their claims against the Sahaabah is to minimize the narrations from the Messenger of Allah (s.a.w). As an example, we can give the following:

1. Ibn Shihab said from Qubaishah bin Dhuaib that his grandmother came to Abu Bakr demanding inheritance, so he replied: “In the Book of Allah I do not find any share for you, and I do not know that the Messenger of Allah (peace and blessings be upon him) gave you any”. Then he asked the people and Al Mughirah stood up and said: I heard that the Messenger of Allah (s.a.w) gave one-sixth”. Then he said: “Is there anyone with you?” And Muhammad bin Maslamah testified like that. So Abu Bakr conveyed the sixth to him.

2.He said, AlJariri narrated from Abu Nadhrah from Sa’id that Abu Musa greeted Umar from behind the door three times, He was not allowed, so he went home. Umar caught up with him and asked: “Why did you return?” He replied: I heard the Messenger of Allah s.a.w. say:

Meaning: When one of you gives the greeting three times and is not answered, then go back.

He (Umar) said: Indeed you bring a witness, over it or indeed I take action against you. So Abu Musa came to us with a changed appearance and we were sitting, so we said: “What is your need?” So he told us and he said: “Did any of you hear it?” We said: “Yes, each of us heard it”. So they sent one of their men with Abu Musa, so that he reached Umar and told him.

3. He said, Hisham narrated from his father Al Mughirah ibn Shu’bah that Umar deliberated about aborting a woman i.e. causing her pregnancy to fall, so Al Mughirah said: The Messenger of Allah (s.a.w) decided with me. So Umar said to him: If you are right then bring someone who knows about it. He said: “So Muhammad bin Maslamah testified that the Messenger of Allah decided with him”.

4 – He mentioned that ‘Umar said to my father and he narrated a hadith to him: “You have brought witnesses to what you say”. So he went out, and suddenly there were Ansar, so he told them. They said: “I have heard this from the Messenger of Allah s.a.w.” So Umar said: “As for me, I am not accusing you, but I like not to be hasty”.

5: It was narrated from ‘Uthman ibn Mughirah Ats Tsaqafi from ‘Ali ibn Rabi’ah from Asma” ibn Hakam Al Firari that he heard ‘Ali say: My situation is that when I hear a hadith from the Messenger of Allah (s.a.w.), Allah benefits me with what He wants to benefit me. If someone other than him narrates (a hadith) to me then I ask for his sum pah. If he swears then I confirm it. My father Bakar “narrated it to me and Abu Bakr confirmed it. He said: I heard the Messenger of Allah s.a.w. say:

Meaning:

There is no Muslim who, having committed a sin, performs ablution and prays two raka’ats and asks Allah for forgiveness, unless Allah forgives him.

These ahaadeeth show that the Imams and leaders of the Muslims of that period always tried to minimize narrations for fear of the spread of falsehood and misrepresentation of the Messenger of Allah (s.a.w). Hence they disbelieved what was narrated to them. Abu Bakr and Umar accepted only those hadiths that were witnessed by two people who heard them from the Messenger of Allah (s.a.w.) so Abu Bakr asked for corroboration of Al Mughirah bin Shu’bah in his narration, and Umar asked for corroboration of Al Mughirah, Abu Musa and Ubay. They did not waver in their trust in them because of their high position and rank. And Ali took an oath on the one who narrated. And ‘Ali swore on those who narrated, when they practiced what was narrated to them from the Messenger of Allah (s.a.w.) and they did not deviate from it,

This work of theirs calls for minimizing the narration of the Sunnah during this period, and scrutinizing the hadiths that are sound with the testimony of witnesses when events call for the mention of the Hadith.

IJTIHAD IN THIS PERIOD

Ijtihad is the exertion of effort in extracting the Sharīʿah’s rulings from what the Sharīʿah considers to be evidence, namely the Book of Allah and the Sunnah of His Prophet:

1. Taking the ruling from the plain meaning of the texts when the ruling is derived from them.
2. Taking the ruling from the meaning of the text because the text contains an ‘illat that explains it, or the ‘illat is known and the scene in which it occurs contains the ‘illat, but the text does not contain the ruling. This is what is known as kiyas.

The issuance of rulings (istimbat) at that time was limited to fatwas that were quoted by the person who was asked about an event. They did not expand in determining issues and answering them, rather (they disliked it) and they did not express an opinion about something before it happened. If something happens then they make ijtihad to derive the ruling. Hence the fatwas quoted from the great Sahaabah are few. In their fatwas they always adhered to :

1. The Qur’an, for it is the foundation and pillar of the religion. They have always understood it clearly and distinctly because the Qur’an was revealed in their tongue and they were privileged to know the reasons for its revelation, and no one other than Arabs had entered their midst at that time.

2, The Sunnah of the Messenger of Allah (s.a.w.), and they have agreed to follow it whenever they find it and believe in the one who is truthful in his narration. Abu Bakr, when an incident came to him, looked at the Book of Allah. If he found the ruling, he decided with it. If he did not find it in the Book of Allah, he looked at the aunnah of the Messenger of Allah (s.a.w). If he finds therein what he needs to decide, he decides with it. If he is tired, he asks the people: “Do you know that the Messenger of Allah (peace and blessings of Allah be upon him) ruled on this matter?”, Then often the people stand up to him and say: “He ruled this way and that way ,

Umar always did this when he could not find anything in the Book (Qur’an) and the Sunnah so he asked: “Did Abu Bakr decide that with a ruling?” If Abu Bakr had a ruling, then he ruled with it if there was no apparent difference. The same applies to Ustman and ‘Ali r.a., all of whom were cautious in accepting it, as we have already stated.

And decisions came to the Sahaabah for which they did not see a text from the Qur’an or Sunnah. At that time they took refuge in qiyas and they considered it an opinion. This is what Abu Bakr r.a. did when he could not find a text in the Qur’an or the Sunnah among the people. Indeed, Abu Bakr gathered the people and consulted with them. When they agreed on something, he decided with them. This is what Umar did. When he appointed Shuraih as the gadli of Kufa he said to him: “Look at what is clear to you in the book of Allah and do not ask anyone what is not clear to you, then follow the sunnah of the Messenger of Allah (s.a.w) in that regard. What is not clear to you in the Sunnah, then make ijtihad with your own opinion.” He wrote to Abu Musa Al Ash’ari. “The ruling is the ruling that has been established or the sunnah that is followed”. Then he said: “Understanding, understanding in the case of doubt in your heart about things that are not found in the Qur’an and Sunnah. Know the things that are similar and comparable. At that time, analyze those things? Abdullah ibn Mas’ud was asked about mufawadhah. He said: “In that case I answer with my opinion. If it is correct then it is from Allah, if it is wrong then it is from me and from the Shaytan, Allah and His Messenger are independent of it.” Abdullah bin Abbas asked Zaid bin Tsabit: “Is there a third of something in the Book of Allah?” He replied: “I say what I think and you say what you think”. And it was narrated from Umar that he met a man, and Umar said: “What did you do?” He said: “Ali ruled thus, and Zayd ruled thus”. Umar said: “Had I been asked for a fatwa, I would have decided thus.” The man said: “What prevented you from doing so?” Umar replied: “If I had found it in the Book of Allah or the Sunnah of His Prophet (s.a.w.), I would have done so. But I am answering you with my opinion, and that opinion is polytarak, so what ‘Ali and Zayd have said is not corrupted.”

In their case, they accepted the opinion, but they did not like to adhere to it, so that people would not dare to speak about religion without knowledge and would not put into religion that which is not religion. That is why most of them criticize ra’yu (opinion). What is clear is that the ra’yu (opinion) that they criticize is not what they have done; rather what is criticized is following one’s passions in issuing a ruling without relying on the basis of the religion to which one can turn. What is commendable is what ‘Umar explained by saying to his judge: “Find out the similarities and the equivalents, and then describe the sequence”. Indeed, to act in this manner is to act in accordance with the meaning of the text. In every case, the fatwas of those who rely on opinion are very few.

When the two shaykhs (Abu Bakr and ‘Umar) consulted with the congregation about a ruling, they came up with an opinion (ra’yu) that people had come up with, and it was not good for anyone to disagree with it. Issuing an opinion in this way is called ijma’. The number of mujtahids among the Sahaabah at that time was limited, which made it possible to hold consultations and review the results of their opinions, so it was easy to reach ijma’.

Thus, at that time there were four sources of law, namely :

1. The Qur’an as a guide (foundation).

2, As Sunnah.

3.” Qiyas or ra’yu (opinion) as a branch of the Qur’an and Sunnah. –

4. ljma’, and their ijma’ must rely on the Qur’an or the Sunnah or Qiyas. |

The result of the policy of the two shaikhs was that there was little disagreement in the rulings, because the rulings were sometimes issued after deliberation with no disagreement, and sometimes they were issued from the Qur’an which is muhkam (verses whose meaning is clear and unequivocal and can be understood easily) or the Sunnah which is followed and is well known, so the only reason for disagreement was the emergence of fatwas based on opinion. And we know that they had little reliance on ra’yu (opinion) and that ‘Umar’s authority was over all their heads, so fatwas were not considered easy for them, rather some of them left it to others.

They were of the opinion that the ra’yu that arose among them was attributed to them, not to the Shari’ah, so practicing it was not preserved. The proof of this is that when Abu Bakr made ijtihad with his opinion, he always said: “This is my opinion, if it is right then it is from Allah. If it is wrong then it is from me and I ask forgiveness from Allah”. A writer wrote to Umar: “This is a view of Allah and the opinion of Umar”. So Umar said to him: “The worst of words is what you say”. Say: “This is the opinion of Umar. If it is right, it is from Allah. If it is wrong, it is from ‘Umar.” Umar said: “The Sunnah is that which Allah and His Messenger have prescribed, so do not make the wrong opinion a Sunnah for the Ummah”.

It was narrated that Muhammad ibn Hasan said, Abu Hanifah reported to us from Hammad from Ibrahim An Nakha’i that a man married a woman and did not specify the dowry, then he died before having intercourse with her, so Abdullah ibn Mas’ud said: “He should give her a dowry equal to that of other women, neither less nor more”. When he decided, ja said: “If the verdict is right, it is from Allah, and if the verdict is wrong, it is from me and the Shaytan, and Allah and His Messenger are independent of it”. Then a man among those sitting said: “It has reached us that Ma’ail bin Sinan Al Ashja’i and ja were among the companions of the Messenger of Allah (s.a.w.): “You decided-by the One Who swears by the Messenger of Allah’s verdict against Baru’ bint Wasyig Al Ashja’i.” He said: “So Abdullah rejoiced with unprecedented joy because his opinion was in accordance with the words of the Messenger of Allah (s.a.w). And Ali r.a. dissented in this decision, he said: “The woman gets the inheritance, she has the tongue and does not get a dowry”. He said: “The word of the Ashja’ hillbilly is not accepted over the Book of Allah”. That is because if the wife is divorced, she does not receive any dowry.

Allah Ta’ala says:

Meaning:

There is nothing (of dowry or sin) upon you – if you divorce your wives before you have mixed with them and before you have determined the dowry.

‘Ali was of the view that death is like divorce, and he did not accept this hadeeth because he was firmly of that opinion, whereas Ibn Mas’ood did not regard death as divorce, which is confirmed by the report of Mugaffal. Here we would like to mention a few of the issues on which there were differences of opinion among the major muftis, so as to show the reasons for their differences of opinion:

1. At the time of ‘Umar, a divorced wife who was in ‘iddah was married (this is prohibited by the Qur’an). So ‘Umar hit the husband with a bat several times and he divorced the couple, saying: “Any woman who is married during her ‘iddah (waiting period), if the husband who married her has not had intercourse with her, then he divorces them both and she has the remainder of her ‘iddah from the first husband, then he proposes to her like any other suitor”. If he has had intercourse with her, then they are both divorced, then she has ‘iddah with the remainder of her ‘iddah from the first husband, then she has ‘iddah with the iddah from the second husband, then he may not marry her forever.” ‘Ali said: “If the wife has completed her ‘iddah from the first husband, then another man may marry her if he wishes.

They differed in their views on the prohibition of marriage for the second husband after he has had intercourse with a woman who is in a state of abstinence. There is no Qur’anic text to support either of them. In this case, ‘Umar adopted the principle of prevention and instruction, while ‘Ali adopted the general principle.

2. ‘Uthman ibn Affan and Zayd ibn Tsabit said that if a free woman becomes the wife of a slave, she is haraam forever with two thalaks. ‘Ali disagreed with them and said: She is only forbidden with three talaqs. As for the amat (female slave) who becomes the wife of a free man, the amat is forbidden with two thalaks. The muttis agreed on half the rights of the servant, but they differed as to whether the divorce should be attributed to the husband or to the wife. ‘Uthman and Zayd were of the view that the divorce is from the husband, because it is the husband who pronounces the talaaq. ‘Ali was of the view that the divorce is from the wife, because it is she who is subject to divorce.

3. Abdur Rahman ibn Auf divorced his wife while she was sick, so Uthman gave her inheritance from Abdur Rahman ibn Auf after the expiration of her iddah. It is narrated that Shuraih wrote to Umar bin Khathab about a man who divorced his wife three times while the man was ill, so Umar replied that the woman inherited from him while she was still in her iddah. If she exhausts her ‘iddah then she does not inherit. Both of them agreed that divorce from a sick person does not eliminate marriage by its nature as a cause for inheritance. In this case ‘Umar set a limit of ‘iddah and ‘Uthman did not set a limit. In this matter there is no text to fall back on.

4. ‘Umar ibn Khathab said that if a pregnant woman dies, her ‘iddah is to give birth to her baby. ‘Ali said that her ‘iddah is the length of the two periods, which is the length of the womb, and the length of four months and ten days. The reason for this difference of opinion is that Allah has made the ‘iddah of a pregnant woman who is divorced the delivery of the womb, and He has made the ‘iddah of a woman who is deceased four months and ten days, without specifying. ‘Ali in his fatwa on the woman who is left behind by death relied on these two verses in their entirety, while ‘Umar took the verse on divorce as the ruling on the verse on death, which is specific. In this regard, they looked at the hadith that Sabi’an bint Harith Al Aslamiyah died, and she gave birth to her baby after two months and five days from the day of her husband’s death, so the Prophet (peace and blessings of Allaah be upon him) gave a fatwa on the expiration of the ‘iddah. And we are aware of the opinion of ‘Ali, who maintained the acceptance of narration.

5. Muslim and Ahmad narrated that Mrs. Abbas said: “The state of divorce during the time of the Messenger of Allah (s.a.w.), Abu Bakr and the two years of Umar’s error, the three divorces were one.Umar said : Verily, the people have rushed into a matter in which there is a necessity, and if we had left it to them, it would have continued. The Companions did not agree on this, and it was narrated that Ali and Abu Musa disagreed. ‘Umar did it as if it were a punishment, and those who disagreed with him adhered to the letter of the text.

6. Ibn Mas’ood and others gave the fatwa that if a man does not return to his wife after four months have passed, then she has been divorced with talaaq bain, and he is one of the suitors. Others have stated that when the four months have passed, the husband is given a respite, sometimes he will return and sometimes he will divorce her. The expiry of the four months does not constitute thalak. The structure of the verse implies both of these things:

Meaning: To those who marry their wives, four months’ respite is given. Then if they return (to their wives). then surely Allah is Forgiving, Merciful.

7. Ibn Mas’ud issued a fatwa and ‘Umar ibn Khathab agreed with him that a divorced woman does not enter her ‘iddah unless she has washed from her third menstrual cycle. Zayd ibn Tsabit issued a fatwa saying that a divorced woman does not enter her ‘iddah until she has had her third menstrual cycle. The fourth reason for the difference is that they differed on whether “guru” means purity, as Zayd ibn Tsabit understood it, and whether “guru” means menses, as Ibn Mas’ud understood it.

8. ‘Umar ibn al-Khattab issued a ruling that if a woman who is still menstruating is divorced and her menses have stopped, then she should wait nine months. If it turns out that she is pregnant, then that is her ‘iddah. If not, then she has ‘iddah for three months after the nine months. Others have ruled that she should wait until she no longer menstruates, then she should observe ‘iddah for several months. ‘Umar’s fatwa refers to the meaning of ‘iddah, which is to be completely free from pregnancy, and after the general period has passed, so that there is no doubt about it, the woman should observe ‘iddah for a number of months.

9. ‘Umar ibn Khathab ruled that a woman who is divorced (thalak bain) is entitled to maintenance and housing. When the hadeeth of Fatimah bint Qais came to him that the Messenger of Allah (peace and blessings be upon him) did not provide her with maintenance and housing after the third divorce, he said: We do not abandon the Book of God and the Sunnah of our Prophet because of the words of a woman who may or may not have memorized them. The Book of Allah is His word:

Meaning:

You shall not put them out of their houses, nor shall you let them go out except when they have committed an obvious abomination.

Others have ruled that she does not receive maintenance and shelter, citing the hadeeth of Fatimah bint Qais as evidence, and because the concluding verse of iddah is what He said:

Meaning:

You do not know whether Allah may create something new thereafter. This is a woman who has been divorced three times, so what will Allah do for her while she is forbidden to the one who divorced her? Others have ruled that the woman should not be provided with maintenance and housing. They negate the obligation of maintenance by interpreting the words of Allah, may He be glorified and exalted:

Meaning: And if they (the divorced wives) are pregnant women, then provide for them until they give birth.

And they said that other than a pregnant woman, there is no maintenance.

10. Abu Bakr did not give inheritance to the brothers with the grandfather, while ‘Umar gave them their share with him (the grandfather). Abu Bakr made the grandfather the father and the brothers do not inherit with the father, based on the text and Umar did not make it so, and Zayd ibn Tsabit agreed with this. |

11. Malik narrated in Muwatha’ that a grandmother came to Abu Bakr asking for her share of inheritance. Abu Bakr said: “You have no share according to the Book of Allah, and the Sunnah of the Messenger of Allah (peace and blessings of Allah be upon him), so go home so that I may ask the people.” He said: ? Abu Bakr asked the people, then Al Mughirah bin Shu’bah said: A woman came to the Messenger of Allah and he gave her one-sixth”. . Abu Bakr said: “Is there anyone else with you?”. Muhammad bin Maslamah stood up and said: “It is like that”. So Abu Bakr did so (passed it on) to him (the grandmother). Then another grandmother came to Umar bin Khathab asking him about her share of inheritance. Umar said: “According to the Book of Allah, you will not get anything”. The verdict is for someone other than you, and I do not add anything to what is determined, but he is one-sixth. If the two of you are together in it, then it is between the two of you, and whichever of you is alone, then the share (one-sixth) is for him.

12. Malik narrated in Muwatha’ that Dhahak bin Khalifah made a water channel up to a small river, he wanted to pass through the land of Muhammad bin Maslamah, but Muhammad bin Maslamah was reluctant. Why do you prevent me when it is beneficial to you, you drink from it, both at the beginning and the end and does not harm you? He remained reluctant, so Adh Dhahak spoke to Umar bin Khathab, then Umar bin Khathab called Muhammad bin Maslamah, and told him to give up his intention, but he remained reluctant. Umar said: “Why do you refuse your brother something that is beneficial to him and useful to you, you drink with him at the beginning and the end, and there is no harm to you?” Muhammad bin Maslamah said: “No, by Allah”. Umar said: By Allah, let it pass through your stomach.” So Umar told Dhahak to do his boat.

13. Malik narrated from Ibn Shihab that the camels that went astray during the time of ‘Umar r.a. were released to breed and were not touched by anyone until during the time of ‘Uthman bin Affan he ordered to find out about it, proclaim it, then the camels were sold. When the owner came, he was given the price.

14. This is one of the most important issues after Allah opened up Iraq and the Levant to them (the Muslims). How did they treat the lands conquered by force? If they had taken the texts at face value, they would have regarded it as a booty. Four-fifths they would have given to those who fought, and one-fifth to the public good as mentioned in the book of Allah. But when Umar saw them demanding such a thing he said : How will the mu’min who are to come, get the land and the disbelievers have been divided and inherited from their fathers? This is not a correct opinion. Abdur Rahman bin Auf said to him: What is the correct opinion? Isn’t the land and the disbelievers only something that Allah has granted them? Umar said: That opinion is only what you say, and I am not of that opinion. By Allah, no land will be conquered after me, so that it gains a great people, and it may even become a weakness for the Muslims. If I divide the land of Iraq with its disbelievers and the land of the Levant with its disbelievers, then what will be left to defend against enemy attacks, what will be left for the descendants, widows and others of the inhabitants of the Levant and Iraq? They multiplied (the arguments) over Umar and said: You are withholding what Allah has granted us with our swords for a people who did not attend and did not witness (the war), for the children of a people and their grandchildren who were not present. Umar did not add to what he said: “This is my opinion” They said: “Deliberate!” So he consulted with the first Muhajirs and they differed. Abdur Rahman bin Auf was of the opinion to divide it as their rights. Uthman, Ali, Talhah and Ibn Umar were of the same opinion. So Umar asked ten Ansar to be brought in consisting of five prominent men from Aus and five from Khazraj. When they had assembled Umar said: “Indeed, I have surprised you only to be with me in the ummah which I have been charged with, for I am only like one of you. It is you all today who are rightly determined. Feel free to disagree with me and feel free to agree with me. I do not want you to follow my wishes. With you there is a book from Allah that speaks truthfully. By Allah, if I speak of something that I want, I only want the truth. They said: “Say it, and we will listen, O Amirul mu’minin”. He said: “You have heard the words of those who thought that I wronged their rights, and indeed I seek refuge in Allah from committing a sin. If I mistreated their rights even a little and I gave them to someone else I would be in trouble. But I was of the opinion that there were no more conquests after the land of Kisra and that Allah had bestowed wealth on us, the land and the disbelievers, so I distributed their wealth that had been taken as ghanimah, and I took out a fifth and I distributed it according to its segments, and I directed it. I have been of the opinion to restrain the land and its disbelievers, and I charge the tribute and head tax that they pay until it becomes fai’ for the mus-jimin who fought, their descendants, and those who come after them. What do you think of the attacks of the enemy, there must be men who remain on duty, and what do you think of the great cities of Sham, Jazirah, Kufa, Bashrah and Egypt, which must be filled with soldiers and require constant funding, so where will that funding come from when the lands and the disbelievers have been distributed?” So all of them said: “The correct opinion is yours. The best are your words and opinions. If there is an enemy attack and you do not fill these cities with people and you do something that the enemy fears then the disbelievers will regain control of these cities”. So he said: “The matter is clear to me” and he decreed that tribute should be left on them. The opinion of the Prophet (may Allah’s peace and blessings be upon him) was correct, and those who disagreed with him were silenced because they were following the general opinion.

15. Abu Bakr divided the wealth among the people equally, so that one person did not have more than the other, so it was said to him: “O Caliph of the Messenger of Allah, you have divided this wealth equally among the people, some of the people are those who have excellence, the former people, and the old people.

Suppose you had favored the former, the old, and the great”. He said: “As for the early ones, the old ones and the great ones, what does that tell me? It is only something for which Allah has a reward and this is life, and equality in this life is better than favoring one over another.” When the time of ‘Umar and the conquests came, he exaggerated, saying: “I. do not make those who fight against the Messenger of Allah like those who fight with him”, On this basis he built the administration of the army.

It is not our aim to summarize the fatwas of the muftis of this period and I have not mentioned all that they disputed. We have only given examples that explain their method of reasoning and the causes of their disagreement at a time close to the time of the Messenger of Allah (s.a.w.). From what we have mentioned, it is clear that the causes of the differences are threefold:

1. Differences in fatwas are due to differences in understanding the Qur’an. This is because of several aspects:

1. The presence of a word that has two meanings, such as their disagreement over the word ‘guru’ in the Qur’an:

Meaning:

Women who are divorced should refrain (wait) three quru’.

‘Umar and Ibn Mas’ud understood quru’ to be menstruation, and Zaid ibn Tsabit understood it to be chastity. Each of them has a supporting proof.

As in the verse “ila”, Allah gives the husband a time limit to wait four months, then He ends it with His words:

Meaning:

Then if they return (to their wives): then surely Allah is Forgiving, Merciful. And if they make up their minds to divorce, then surely Allah is All-Hearing, All-Knowing.

The text implies that what is required is a return or divorce, after the specified period has elapsed: and it implies that the return is only within the specified period, in which case the husband cannot return and the divorce falls due to the lapse of the period.

1. The existence of two different rulings on two issues, one of which is suspected of covering a part of which there is a contradiction. An example of this is the verse about a woman who has died. The verse stipulates a waiting period of four months and ten days, and it is suspected that this includes a pregnant woman. The verse on divorce states that the ‘iddah of a pregnant woman is until she gives birth to her baby, so the ‘iddah of a woman who is deceased and pregnant is undecided between what is contained in the first verse, so that she must wait four months and ten days even if she gives birth to her baby before that (four months and ten days) in accordance with the verse on divorce. He said that each of these opinions is supported by some of the major Sahabah.

2. Different fatwas because of different sunnahs.

We have explained in the previous section that the Sunnah of the Messenger of Allah (peace and blessings of Allaah be upon him) is not evident and open by being done or said in the presence of the Companions, who are very numerous in their prayers, methods and number of Rak’ahs, such as Hajj and other acts of worship. Some sunnahs are done or narrated in the presence of one or two people, so the one who carries them is limited to those who are present. This is most of the sunnah gauliyah (sayings of the Prophet – pent), and it is the place where differences of opinion arise. In this period the transmission of the sunnah from the Prophet (peace and blessings of Allah be upon him) was not well known, and the sunnah was not recorded in a book for reference, so when the muftis were confronted with an incident for which they could not find a text in the book of Allah, they asked those who were with them whether they had heard the Prophet’s verdict on the matter. Often they would have someone narrate a hadith for them, and they would give a fatwa on it if they confirmed it; ‘Umar would ask the narrator for the person with whom he had heard the hadith, and ‘Ali ibn Abu Talib would swear by the narrator. Perhaps a hadith was narrated to them but they did not act on it if they did not accept its authenticity, as ‘Umar said: “We do not abandon the Book of Allah and the Sunnah of our Prophet because of the words of a woman; we do not know whether she is right or wrong, whether she has memorized or forgotten”. The lack of transmission and the care with which they accepted the narrated Sunnah meant that sometimes they would give a ruling on what was understood from the general text of the Qur’aan, in which case there might be a Sunnah that made the general text explicit, and sometimes they would give a ruling based on their own opinion and ijtihaad when there was no text.

3. Differences in fatwas due to opinions.

We have explained that they deliberately give fatwas based on opinion when there is no text from the Qur’an or Sunnah concerning a particular case. Their opinion is only that which they deem to be most beneficial and closer to the spirit of Islamic rulings, regardless of whether there is a text that explains the case or not. Do you not see that ‘Umar obliged Muhammad ibn Maslamah to pass his neighbor’s waterway on his land because it benefited both parties and did not cause any harm to Muhammad. ‘Umar gave a ruling on three divorces in one divorce because people were hasty in a matter in which there was a need for delay. He forbade a man who marries a woman in her iddah after they have been divorced from each other to marry her another time, as a way of emphasizing this, while the evaluation of the interests varies because of the different people who evaluate them. Hence we found that some of the muftis at the time of ‘Umar differed with his opinion. And there were some issues in which ‘Umar differed from Abu Bakr, and ‘Umar decided other than what he decided, as we mentioned in the inheritance of grandfather with brother: brother, as well as in giving more. Likewise, there were issues in which ‘Ali issued a ruling other than what his brothers had issued. He used to give zakaah on the property of orphans in his care, and others said that the property of orphans is not subject to zakaah.

We have explained that there were not many differences of opinion at this time, because their decisions were based on events that occurred, and the decisions of that time were not recorded. This period has come to an end, and the definition of fiqh at this time is the texts of the Qur’an and the Sunnah, which are revealed and followed, and what the great Sahaabah approved of what the Sahaabah narrated to them or what they were told. A few of these fatwas are based on the opinions of those who have done jurisprudence and discussed them.

The famous people who issued fatwas at this time were the four caliphs (Abu Bakr, Umar, Uthman and Ali – pent), Abdullah bin Mas’ud, Abu Musa Al Ash’ari, Mu’adz bin Jabal, Ubay bin Ka’ab and Zaid bin Tsabit. Among those who gave many fatwas were ‘Umar ibn Khathab, ‘Ali ibn Abu Talib, ‘Abdullah ibn Mas’ud and Zayd ibn Tsabit, who specialized in faraidh.

Here we do not narrate the biographies of the two Imams, ‘Umar and ‘Ali, but we will narrate the biographies of people other than them.

Abdullah bin Mas’ud

He was Abdullah bin Mas’ud Al Hadzali the sworn companion of the Banu Zuhrah, he converted to Islam first and he said: “You have seen me as the sixth Muslim on the surface of the earth”. He was the first person to loudly recite the Qur’an in Mecca. When he converted to Islam, the Messenger of Allah (s.a.w.) took him as his servant, and he said: “I allow you to hear my secret”, he lifted the cover, he was earnest and hastened his orders, put on a pair of his sandals, walked with him, and in front of him. He covered him when he bathed and woke him when he slept. He migrated twice, to Habsyi and Medina. He prayed facing both Qiblahs (he used to face Baitul Magdis as well as the Ka’bah – pent), he witnessed the battles of Badr, Uhud, Khandag, Bai’atur Ridhwan and all the battles with the Messenger of Allah (s.a.w) and witnessed the battle of Yarmuk after the death of the Prophet (s.a.w). A number of companions and tabi’in narrated hadiths from him. It was said of Hudhayfah: “He narrated to us as the closest person to the guidance and instruction of the Messenger of Allah (s.a.w.), so we learned and followed him. The man who was closest in guidance, instruction and behavior to the Messenger of Allah (s.a.w.) was Ibn Mas’ud. Those who are preserved from the Sahabah of Muhammad know that Ibn Ummi Abidin was the one who was truly closest “to Allah”. And it is narrated from Ali r.a. that the Messenger of Allah s.a.w. said: “If I were to make someone to rule without consultation, I would make that person Ibn Ummi Abidin”.

Umar bin Khathab sent him to Kufa and he wrote to the people: “Verily I have sent Amar bin Yasir as amir (governor) and Abdullah bin Mas’ud as teacher and minister, both of whom are among the cleverest of the companions of the Messenger of Allah (s.a.w.) and .experts of Badr, so follow these two men, obey and listen to their words, and indeed I favor Abdullah over myself for all of you. He lived in Kufa where the people took the hadith of the Prophet s.a.w. from him, he was their teacher and judge. He was what ‘Ali r.a. said he was: a reciter of the Qur’an, who permitted what was permitted and forbade what was forbidden, who was deep in religion and learned the Sunnah. There was a dispute between him and ‘Uthman at the end of his life, so he was called to Madinah and stayed there until he died. Ibn Sa’d narrated in Ath Thabagat that the one who asked Allah for mercy was ‘Uthman, and each of the two men asked forgiveness for his friend before he died in 32 AH.

Zaid bin Tsabit

He was Zaid bin Tsabit Adh Dhahak An Najjari Al Anshari. When the Prophet arrived in Medina he was eleven years old. The first war he participated in was the battle of Khandak. In the battle of Tabuk the flag of Banu Malik bin Najjar was held by Imarah bin Hazm, then taken by the Messenger of Allah and given to Zaid bin Tsabit, Imarab said: “O Messenger of Allah, can I tell you something about myself?” He said: “No, but the Qur’an comes first, while Zayd bin Tsabit is taking more of the Qur’an than you”. Zaid always wrote down revelations and other things for the Messenger of Allah, Once books in the Suryani language were given to the Messenger of Allah (s.a.w.), so he sent Zaid and Zaid learned them, then he wrote them down for Abu Bakr and Umar. Umar made him an officer of the Caliph three times, and Uthman made him an officer of the Caliph also when he (Uthman) went on Hajj. He was the most intelligent and knowledgeable of the Companions. He was the most humorous when he was alone with his wife, and the one who stayed the longest when he was with his people. Zayd was the most inclined to ‘Uthman and did not fight with ‘Ali in any of his wars. He always highlighted the virtues of ‘Ali and honored him. Many Sahabah and Tabi’in narrated hadith from him. He was the one who handled the collection of the Qur’an during the time of Abu Bakr and Uthman along with others whom Uthman had appointed for this purpose. He died in 45 AH.

THIRD PERIOD: LEGAL DEVELOPMENT AT THE TIME OF THE MINOR SAHABAH AND THE TABI’IN WHO MET THEM

This period starts from the reign of Mu’awiyah bir Abu Sufyan in 41 A.H. until the emergence of aspects of weakness in the Arab kingdom at the beginning of the second century A.H..

POLITICAL OVERVIEW

This period began with the unanimity of the Muslim community in favor of Mu’awiyah b. Abu Sufyan. Hence the year forty-one is called ‘amul jama’ah (the year of Islamic unity – pent) except that the seeds of political discord were not extinguished, there were still people who hid discord and deceit against Mu’awiyah and his family. There were two groups of people:

1. The Khawarij whose politics included threatening to kill the unjust king and his family. They argued that Islamic governance was not limited to certain families and people, and that it should rest on the will of the majority of the people, and they chose the person they thought best to lead them and conduct their affairs. They detached themselves from Uthman, Ali and Mu’awiyah. Because ‘Uthman deviated against the two sheikhs in favor of his family, elevated their status and favored himself over the rights of the people. Against ‘Ali because he agreed to negotiations between him and those who dissented from him (Mu’awiyah ” pent). Against Mu’awiyah because he ruled by force.

2. The Shi’ah faction that holds that the government is the right of ‘Ali and his family. Any person who usurps their rights is an utter wrongdoer whose government is illegitimate.

Mu’awiyah’s politics was to silence the psychological turmoil that opposed the second group (Shi’a) and relieve the first group (Khawarij). Therefore his life until the end of his life there were many riots that fought the unity of the Islamic kalimah. The inhabitants of Medina rioted demanding the dismissal of Yazid. Husayn b. ‘Ali intended to go to Iraq thinking that he would get help from his father’s supporters to restore his usurped rights. He (Ya rid) opposed Abdullah bin Zubair who held Mecca. And the people of Medina were shaken in that riot and they were greatly as shaken as Husayn was when he came out where he was killed. It is said that he and some of his family entered the borders of Iraq (the killing was done) by the Iraqis themselves. Ibn Zubayr would have almost suffered such a fate had Yazid not died.

After the death of Yazid, the slander continued to flare up until the arrival of a man who had the stability of the true heart and high ideals, namely Abdul Malik bin Marwan, then the embers of the slander can be extinguished with the killing of Ibn Zubayr in Mecca, and asked all the countries that were the center of the riot to return and Islamic opinion gathered again. The invitation of the Shi’ah and the violence of the Khawarij were hidden but the situation was different between the present assembly and the assembly that existed with Mu’awiyah, because Mu’awiyah embraced it with subtle associations and benevolent deeds while Abdul Malik diffused the power because he in extinguishing the fitnah relied on Hajaj bin Yusuf an iron-fisted figure who tried to unite people’s opinions by means of humiliation and coercion. This was something that was short-lived, so a big riot arose against him under the leadership of Abdur Rahman bin Muhammad bin Ash’ats Al Kindi, and the riot almost reached the sultan of Banu Umayah had it not been for the continuous assistance of Sham which was done after being very tired in the face of a very raging riot had it not been for the high ideals of Malhab bin Abi Shufrah and the split of the Khawarij, their situation would have been even worse. The difficulties ended and the time of Al Walid b. Abdul Malik came; it was as sweet and beautiful as the time of the Umayyads. The slanders had died out and there were many great conquests to the east and west. The calm was limited in time, like the calm after a storm. After Walid, came his brother Sulaiman who was bad in dealing with the princes i.e. the commanders of the state who had great prominence in expanding his kingdom in the east and west i.e. Qutaibah bin Muslim, Muhammad bin Qasim bin Muhammad and Musa bin Nusair, because the former of them (kings) was related to Hajaj bin Yusuf whom Sulaiman hated so much, and because of the weak will he attributed to Musa bin Nusair. And there is no doubt that it caused damage to the hearts of his family and those who were loyal to them. After that, the government was handed over to the righteous man ‘Umar ibn ‘Abdul Aziz who wanted to spread justice and equality among the people, and he reproached the former kings for taking what was in front of them, namely the so-called injustices that reached Bat: tul mal. In government, he had opinions that resembled the Khawarij, so he expelled his people and reserved for those who were better in knowledge and religion, but it was not perfect for him, because the ideals were carried out in haste and some of the influences were gentle and did not interfere in human affairs and in his time stood a secret invitation to the Banu Abbas at the beginning of the second century. Yazid b. Abdul Malik succeeded him then his brother Hisham. In his time there was a slander of the family of ‘Ali which resembled Zaid b. ‘Ali b. Husain who demanded the government (caliphate) only he did not prepare the preparations so he was killed because of his demands, then his son Yahya b. Zaid was also killed. It was during his time that the secret Abbasid invitations flourished, the point of which was to overthrow the Umayyad sovereignty.

Features of this period.

1. The division of the Muslims in politics, as we have described in the description of politics, means that each of the groups we have mentioned, namely the Khawarij and the Shi’ah, has its own special preferences. The supporter of ‘Ali has a preference for ‘Ali and his family and everyone in his party. He always avoided divisions over his enemies and those who fought him, and perhaps they went beyond that to thought and definite disengagement. Their words and opinions are worthless in the view of them (his enemies – pent). The Khawarij always tended to Abu Bakr, Umar and those who followed them, and they disassociated themselves from Uthman, Ali and Mu’awiyah and those who followed them: them. Hence they do not rely on the opinion of anyone of those whom they have disassociated themselves from. The supporters of Mu’awiyah or the Jumhur of Islam fled from these two groups and did not place any weight on them.

This classification has a great influence in istimbath.

2. The dispersion of Muslim scholars in the major countries of Islam, because the Sahaabah moved from Madinah to new places of residence in the major countries. Some of them became teachers, and some became gari’ (teachers), so that these new countries were regarded as their homelands, and among them was a group of great tabi’een who were allied with them in issuing fatwas, and the Sahaabah recognized them in this position. The high rank they attained because of their activity and ijtihad, because of Mecca and Medina and the respect for them among the Muslims in general, and the fact that Mecca is the home of the pilgrimage, which the Muslims repeat in their different religious paths and inclinations. Had it not been for that, the scholarly relationship between the scholars of the major countries would have disappeared.

3. The spread of hadith narrations.

The barrier to hadith transmission had disappeared. The Sahabah, who were still around after the khulafaur Rashidin, became stops on the way from great nations for fatwas and study. People had a new need in which they were forced to discuss rulings because of the size of the cities, and their refuge was the Sahabah and the great tabi’ins whom they chose to give fatwas. They gave fatwas on the hadeeths that they had memorized. Some of these hadeeths they heard directly from the Messenger of Allah (s.a.w.) and some of them they heard from the great companions.

The fatwa-givers of this time had a large number of hadiths narrated from them. Some of them had more than a few thousand (hadiths – pent). The Musnad of Abu Hurairah for example is 313 pages of the Musnad of Ahmad ibn Hambal, the Musnad of Abdullah ibn Umar is 156 pages. And others of the minor sahabah who lived in this period come close to that. In addition, the Musnad of Abu Bakr runs to 84 pages, the Musnad of ‘Umar who became the foremost of those who gave fatwas in the first period runs to 41 pages. The Musnad of ‘Ali, who was the twin brother of ‘Umar, is 85 pages long. These hadiths were not collected in one country and not even in one book because the Sahabah who gave fatwas were separated into large countries, as we have mentioned. The people of each major country narrated from the Sahabah who lived there, so each major country had hadiths that were not available in other countries. In Madinah it was Abdullah ibn ‘Umar, Aisha ummul mu’minin and Abu Hurairah. In Mecca, Abdullah bin Abbas. In Fusthath Abdullah bin Amr bin Ash. In Bashrah Anas bin Malik. In Kufa Abu Musa Al Ash’ari and the disciples of ‘Ali b. Abu Talib and Ibn Mas’ud. Each of them gave a fatwa to the people with the hadith of the Messenger of Allah (s.a.w), which was by their side. Here it is evident that the specialty of the Baitul ‘atiq (House of Allah) is clearer than its role in the previous cause. These three features – the political divisions, the advocates’ divisions and the large number of hadith narrations with the specificity of each region having its own muhaddith – have led to many differences in fatwas. Each of them has a strong element in making these differences. The Shi’ah have fatwas, the Khawarij have fatwas and the entire ummah have fatwas. Some of these fatwas differ from others,

4. The appearance of lies in the hadith of the Messenger of Allah (s.a.w), that is what Abu Bakr and Umar r.a. Muslim in his Muqaddimah shahih narrates with his sanad from Thawus said: This man came to Ibn Abbas, Bashir ibn Ka’ab, and began to narrate it, so Ibn Abbas said to him: Repeat the hadith thus and thus: so he repeated it. Then he said: I do not know whether you understand all of my hadith and you deny it, or you deny all of my hadith and you know this. Ibn Abbas said to him: Verily, we narrate from the Messenger of Allah (s.a.w.) because no one lies about him. When people do things that cause hardship and dishonor, we leave the hadith from him.

It was narrated from Mujahid, who said: Bashir Al ‘Adawi came to Ibn Abbas, who began to narrate the hadith and said: “The Messenger of Allah s.a.w said . ….. The Messenger of Allah s.a.w. said …..” He said: “So Ibn Abbas did not allow the hadith and paid attention to it”. So he said: “O Ibn Abbas! What is it with me, because I see that you are not listening to him?”. Ibn ‘Abbas said: “Indeed for a long time’ when we heard a man say that the Messenger of Allah (s.a.w.) said, our gaze rushed towards him, we listened to his words. When people do things that cause hardship and dishonor, then we only take from people what we know.”

It was narrated that Ibn Abi Mulaikah said: “I wrote to Ibn Abbas, I asked him to write a book for me and he hid it from me”. He said: “A boy who gave advice, I chose some affairs for him and I hid them.” He said: “Ali’s decision was conveyed so ja wrote down some of the decisions and passed over some of them saying “By Allah if Ali had decided with this decision he would have gone astray”.

It was narrated that Thawus said: “‘There was brought to Ibn ‘Abbas a record in which the verdict of ‘Ali was written, so he erased all but a few of them, and Sufyan ibn ‘Uyainah hinted with his hasta'”.

It is narrated that Ibn Isaac said: “When they narrated some things after ‘Ali r.a., a man from ‘Ali’s friends said: ‘May Allah curse them for whatever knowledge they corrupt’.”

It was narrated that Abu Bakr ibn Iyash said: “I heard Mughirah say: “A person is not correct in the hadiths attributed to ‘Ali except from the companions of ‘Abdullah ibn Mas’ud”,

It was narrated that Ibn Sirin said: “They did not ask about attribution of hadeeths, but when the fitnah broke out, he said: ‘Name your people’. So he looked to the people of the Sunnah and their hadeeths were taken, and he looked to the people of innovation and their hadeeths were not taken”,

It was narrated that Abu Zunad and Abdullah ibn Dzakwan said: “In Madinah I found a hundred trustworthy people from whom no hadeeth was taken.” It is said that they are not experts.

It was narrated from Ash-Sha’bi that he said: “Harith al A’war narrated to me and he is a liar.”

It was narrated from Jarir that he said: “I met Jabir bin Yazid Al Ja’fi and I did not count him because he believed in raj’ah” It was narrated from Jarir that he said: It was narrated from Jarir that he said: “I met Jabir bin Yazid Al Ja’fi and I did not count them because he believed in rajah.” It was narrated from Zuhayr that he said: “I heard Jabir say: ‘Verily, I have 50,000 hadeeths but I do not narrate any of them’. Then one day he narrated a hadith and said: This is some of the 50,000 hadith.” It was narrated that Sufyan said: “I heard Jabir narrate about 3,000 hadeeths, of which it is not permissible for me to mention any of them, even though I have such and such”,

It was narrated from Hamam said, Abu Dawud Al A’ma came to us and he began to say Bara” narrated to us and Zaid bin Argam narrated to us, then we mentioned the hadeeth to Qatadah so he said: “He is lying, he did not hear from them, because at that time he was only begging from the people at the time of the plague of tha’un which wiped out (the inhabitants of a place “, pent).

It is narrated that Abu Ja’far Al Hashimi Al Madani always made up hadiths from true sayings, and they were not the hadiths of the Prophet (s.a.w.), and there were many such hadiths’.

In part, it seems that the reasons that attracted the liars to say something about the Messenger of Allah that he himself did not say. An Nawawi said in his commentary on Sahih Muslim, quoting Qadhi ‘Iyadh r.a. There are two kinds of liars:

One of them: They are aware of the falsehoods in the hadeeths of the Messenger of Allah (peace and blessings of Allah be upon him), and they are of various kinds, some of whom make up things about him that he did not say, such as the Zindics and those like them who do not wish for religious honor. Sometimes it is according to what they think, and for the sake of religion, such as the foolish worshipers who make up hadiths about the virtues of worship and the things that glamorize worship. Sometimes it is in order to bring about something complicated and slanderous, such as unfaithful hadith scholars. Sometimes it is fanaticism and making arguments, such as the advocates of innovations and those who are fanatics of the madhhab, and sometimes it is following the pleasures of the worldly people in what they want and making excuses for what they bring. Each of these types is evident, according to those who are experts in this field and are experts in the science of njal (rijal al-hadeeth).

Some of them are people who do not make up the matan of a hadeeth, but perhaps make up a saheeh and well-known reference to a da’if matan.

Some of them switched the narratives or added to them, sometimes to clarify things for others and sometimes to dispel their ignorance.

Some of them are liars who claim to have heard what they did not hear and claim to have met people they did not meet, and they narrate saheeh hadiths from them.

Some of them are from this period, and it is not like what Jabir Al Ja’fi said, who alleged that he had 50,000 hadith, and in some narrations 70,000 hadith, which he said he narrated from Muhammad Al Bagir bin Husayn bin Ali. And attributing the situation to Ibn ‘Abbas, while Islam has always been closed to questioning what has been discussed, as we have stated,

Indeed, political differences and sectarian fanaticism have led many people to be shackled in these madhhabs, allowing themselves to strengthen what is on their side with hadiths that they have falsely narrated from the Messenger of Allah (s.a.w.). There are the Shi’ah, the Khawarij and the Jumhur. In each of these groups there is evil, although the Khawarij are the least of the groups in lying because some of their principles are to disbelieve people who commit major sins, while the sin against the Messenger of Allah is the greatest of major sins. So it is difficult for you to see anyone from them who makes up false hadiths.

This difficulty caused the ideals of the hadith scholars of the next period to clear up considerably, and you will see how they went about purifying the Sunnah from anything that mixed it up and how far they succeeded in that.

5. The emergence of a large number of maula (freed slaves) who learned. Many sons of Persia, Rome and Egypt had converted to Islam, and they were known as maula (freed slaves) because the one who submits himself to someone is a maula. Some of them were made slaves and some of them were people who converted to Islam and did not become slaves. The Muslims took many of these children as tawa nan and under the auspices of the Muslims, they were educated, given lessons in the Qur’an and Sunnah and memorized and understood them, aided by their ability to write and their ingenuity. The Arab jurists of Islam and the extreme tribal bigotry of the time were forced to venerate them, recognize their fatwas and narrate hadith from them. They were found in all the great countries of Islam and were with the great Arab companions and tabi’ins, in knowledge and teaching, so that Abdullah bin Abbas is often mentioned with the maul of Ikrimah, Abdullah bin Umar with the maul of Nafi’, Anas bin Malik with the maul of Muhammad bin Sirin. And many times the narration of Abu Hurairah is mentioned with Abdur Rahman bin Hurmuz Al A’raj. These four men were the most abundant in hadith and fatwas, and their masters had great merit. It is also wrong to think that the Arabs’ share in fiqh and hadith narration is lower than that of the Arabs; in fact, it is only an alliance. In Egypt, each of these two groups was numerous, but in some of the major states the distinction lay with the mullahs, such as Bashrah under Hasan ibn Abu Hasan AJ Bashri, but in some states the distinction lay with the Arab fuqaha, such as Kufa.

6. The beginning of conflicts between opinions and hadiths and the emergence of supporters of each. We have already mentioned that the great Sahaabah of the first period always referred their fatwas to the Qur’an and then to the Sunnah. If they could not do that, then they would give fatwas based on ra’yu, which is qiyas in its broadest sense, but they did not like to be too broad in their opinions, hence the reports that they censured ra’yu. And in the previous section we explained about the praiseworthy opinions and the blameworthy opinions. When this dispute arose, some of them restricted themselves to the hadeeth and did not go beyond it, and in every case they gave a ruling based on the hadeeth that they found, and there was no connection between some of them and others. And there is another group who think that the definition of sharee’ah is sound and has points to which to return, but they do not go beyond the earlier people in following the Qur’an and Sunnah as long as they find a way to do so. But because they accept that sharee’ah is sound and is built on sound principles that are understood from the Qur’an and Sunnah, they do not refrain from issuing a fatwa on something that they do not find a text for, as the earlier people did. In addition, they like to know the reasons and purposes for which the rulings were enacted, and they may reject some hadiths because they contradict the principles of sharee’ah, especially if they contradict other hadiths. This principle arose mostly among the people of Iraq. Rabi’ah ibn Farukh asked Sa’id ibn Musayyab, the fuqaha’ of Medina, the Taabi’een, about the blood money for a woman’s finger: “What is the blood money for one finger?” he said: “Ten camels”. He said: “Two fingers?” He replied: Twenty camels.” He said: “Three (fingers)?” He replied: “Thirty (camels)”. He said: “Four fingers?” He replied: “Twenty camels. He said: “When the wound is large, the blood money is reduced”. Sa’id said to him: “Are you Iraqi? He is As-Sunnah!”. This is because Sa’id said that the woman’s blood money equals the man’s up to one-third of the blood money. If it is more than one-third, then the woman’s diyat is half that of the man. The notion of equaling the diyat of a man, in which he treats it according to its apparent meaning, even though it leads to a natijah (result) that does not make sense, because in the development of the law there is no interference from the intellect. The diyat of three fingers is “less than one-third of the diyat”. Hence the diyat of three fingers is thirty heads. This was a result whose aspects Rabi’ah did not understand, so she asked for an explanation, but Sa’id was not surprised by this question. He concluded that Rabi’ah was one of those who gave room for reason in the development of rulings in cases where there was a text, as was common among the people of Iraq, so he said to her: “Are you Iraqi?”. The Iraqis are of the view that the blood money of a woman is half that of a man, in the extremities as well as in the soul, and they are reluctant to accept this conclusion, which is unacceptable to reason, and they say that the Sunnah in the words of Sa’id is the Sunnah of Zayd biri Tsabit, because he gave this opinion.

The hadith scholars and the ra’yu scholars took this to heart. The former stand by the plain meaning of the texts without discussing their rationales, and rarely give rulings by means of ra’yu, while the latter discuss the rationales and relate some issues to others, and they do not discourage ra’yu when there is no atsar on their side. Most of the people of the Hijaz were experts in hadith and most of the people of Iraq were experts in ra’yu. Hence Sa’id ibn Musayab said to Rabi’ah when he asked him about the illat of the ruling: ? Are you Iraqi?”.

Some of the most famous people in ra’yu and qiyas from the Iraqi fuqaha were Yazid An Nakha’i Al, Kufi, an Iraqi fakih. Ibrahim had taken Fiqh from his uncle ‘Algamah bin Qais An Nakha’i Al Kufi. He was one of the famous tabi’een fuqaha of the first tabagat (level). He was the best friend of Ibn Mas’ud. Ibrahim was at the same time as Amir ibn Sharahil Ash-Sha’bi, a hadith expert and a scholar of Kufa. The issue between the two of them was distant because Ash-Sha’bi was the owner of hadith and atsar. When a fatwa was presented to him, and he could not find a text on the matter, he did not give a fatwa, and he disliked ra’yu.

Murrah said: “‘What do you think if an adult is killed and a child is killed along with him? Would the blood money be the same, or would the adult be given more because of his intelligence and maturity? They said the same. He said: “There is no qiyas at all”. The difference between these two people, according to al-Shaafa’b and the scholars of hadeeth and atsar who agree with him, is based on the Sunnah, and they do not go beyond it, and they are reluctant to express their opinions on anything, whether the Sunnah clarifies it or not. In that case, reason does not judge it, and there are no interests that the sharee’ah looks to for guidance, and to which they turn. When they give a fatwa, it is as if there is no connection between the rulings of sharee’ah. And Sa’id ibn Musayab, the hadith scholar, was hurt by Rabi’ah when he asked Sa’id about the diat of the finger. The people of Madinah called this Rabi’ah Rabi’ah ar Ra’yu because she discussed the illusions of sharee’ah, so Abdullah bin Sarar said: “I do not know anyone who is better at ra’yu than Rabi’ah”. And it was said to him: “Neither Hasan nor Ibn Sirin”.

As for Ibrahim An Nakha’i and those like him among the fuqaha of Iraq and some of the fuqaha of Madinah, they also relied on the Qur’an and Sunnah in their rulings, but they understood that sharee’ah is obligatory because of the interests that are intended to be achieved by the rulings that are prescribed. In that case, they consider these interests to be valid, and they use them as a basis for reasoning about what the Qur’an and Sunnah have explained. In that they followed the righteous scholars of the early generations, because the Sahaabah used to judge the issues that came before them and there was no text in the Qur’aan or Sunnah that described them, so their rulings were only the result of their calculations of these interests,

The hadithers always criticize the ra’yu because they abandoned some of the hadeeths in favor of qiyas. This is something that is wrong with them, because we do not see anyone among them who gives precedence to qiyas over the saheeh Sunnah, rather there are those among them who disregard it, even if they have atsar on the matter or it was narrated to them, but they do not trust its chain of transmission, so they give a ruling based on their own reasoning. It may be that what he says contradicts a Sunnah that he already knows, but he does not believe the narration, or the precaution is stronger in his opinion, as Sufyan ibn ‘Uyainah said: Abu Hanifah and Auza’i were together in a shopping complex in Mecca. Auza’j said to Abu Hanifah: How are you doing for not raising your hands when bowing and getting up from bowing?” Abu Hanifah said: “Because it is not at all saheeh from the Messenger of Allah s.a.w.” He said: “What if Az Zuhri has narrated to me from Salim from his father from the Messenger of Allah (s.a.w.) that he always raised his hands when he started the prayer, when he bowed and when he got up from bowing?” Abu Hanifah said to me: “Hammad narrated to me from Ibrahim from ‘Algamah and Aswad from Ibn Mas’ud that the Messenger of Allah did not raise his hands except when starting the prayer and he did not repeat it at all”. Al Auza’i said: “I narrated to you from Zuhri from Salim from his father, and you said that Hammad narrated to me from Ibrahim?” Abu Hanifah said to him: “Hammad is more knowledgeable than Az Zuhri, and Ibrahim is more knowledgeable than Salim, while ‘Al Gamah is not below Ibn ‘Umar, even though Ibn ‘Umar was a friend or had many virtues, and ‘Abdullah is ‘Abdullah, so Al Auza’i remained silent.

The fact that they do not discuss their opinions is indicative of the opposition between one group and another and shows that all of them stop at the limit of the Sunnah when they believe it in terms of its narration.

From this it follows that the fuqaha’ have always issued a ruling on the pledge of milk animals that the purchaser should return it for the price of the milk that he has earned. The scholars of hadith said that he should return one saa’ of dates, because Abu Hurayrah narrated that. A milking animal is a goat whose milk is kept in its moorings so that the beholder thinks that it is a milking goat. The fuqaha’ said that the law of security for damaged goods according to sharee’ah is only to restore their likeness if they have a likeness, or their price if they have a price. This report makes the one who damaged the thing estimate that there is no similarity and no price. And there is doubt about the veracity of the report, even if it reaches them. According to the text, the hadeeth did not reach them, because we have seen that many hadeeths that contradict general laws reached them, and they acted on them and called it istihsan.

Globally, this period was distinguished by the fact that the fatwa-givers were divided into the jurists, hadith scholars and ra’yu scholars, but there were no well-defined principles for the mujtahidin, because fiqh had not yet gained much ground in terms of bookkeeping and organization.

IJTIHAD IN THIS PERIOD AL QUR’AN AND AS SUNNAH

As for the Qur’an, Allah, the Exalted, has perfected its preservation by what He did with the khulafaur Rashidin, as we have described. The Qur’an was recited according to what was written in ‘Uthman’s Mushhaf, and from this Mushhaf other Mushhafs were copied. Many of the Sahaabah and Taabi’een were famous for memorizing it and reciting it. It was from them that an infinite number of people in all major countries received the Qur’an. The Qurra’ known at the end of this period were only a small fraction of the memorizers (huffazh) and teachers of the Qur’an.

With regard to the Sunnah, because it was widely narrated during this period, and because it was cut off by some of the tabi’een scholars, its narrations did not receive the attention they needed to be recorded, but it does not make sense that this situation should continue for a long time, because the majority of people think that the Sunnah completes the rulings and serves to explain the Qur’an. And there is no one among the majority who disagrees with this view. The first to notice this deficiency was Imam ‘Umar b. ‘Abd al-‘Aziz at the beginning of the second century A.H. He wrote to his worker in Medina Abu Bakr b. Muhammad b. Amr b. Hazm :

Look at the hadeeths of the Messenger of Allah (peace and blessings of Allah be upon him) or his Sunnah and write them down, for I fear the eradication of knowledge and the passing away of the scholars (narrated by Malik in his Muwatha from Muhammad ibn Hasan).

Abu Nu’aim narrated in Tarikh Ashbihan from ‘Umar ibn ‘Abdul Aziz that he wrote to the people of several regions:

Look to the hadith of the Messenger of Allah (s.a.w.) and collect them.

Muhammad ibn Muslim ibn Shihab Az Zuhri was privileged over others by transcribing the Sunnah and dictating it, and he was one of the great memorizers of the Sunnah. From the previous hadeeth of Ibn ‘Abbas, it is evident that there was a book in the support of ‘Ali in which the decisions of ‘Ali were written, which Ibn ‘Abbas did not believe to be true, and he said: By Allah, ‘Ali did not decide with this except that he was misguided”. Then ja deleted many of them and left only a few.

FAMOUS MUFTIS OF THIS PERIOD

From the people of Medina:

1. Ummul mu’minin Aisyah Ash Shiddiqah:

She was Aisha bint Abu Bakr Ash Shiddiq and the wife of the Messenger of Allah (s.a.w.) whom he married two years before the hijrah, who was reportedly only seven years old and he gathered her in Madinah at the age of nine. She was his most beloved wife. Atha’ bin Abu Rabah said: ? ‘Ā’ishah was one of the most knowledgeable and well-informed people in general.” Urwah said: “I did not see anyone more knowledgeable about fiqh and poetry than ‘Aisha”. She narrated many hadiths from the Prophet (s.a.w.). She has narrated many hadeeths from the Prophet (peace and blessings of Allaah be upon him), which are narrated in Ahmad’s Musnad from page 29 to page 282, i.e. 253 pages.

in knowing what the Messenger of Allah (s.a.w.) always did in his house. In addition, he had hadiths in aspects of fiqh issues. The fuqaha of the Sahabah went back to him. Many of the Companions and Taabi’een narrated hadeeths from him. The people who narrated the most from ‘A’ishah were her family, namely ‘Urwah ibn Zubayr, the son of her sister, and Qasim ibn Muhammad, the son of her brother. ‘Aisha died in 57 AH.

2. Abdullah bin Umar.

He was Abdullah bin Umar bin Khathab Al ‘Adawi Al Qurayshi, who entered Islam with his father, while he was still a child, not yet an adult, In the battle of Badr he was still a child, therefore he did not participate in the war. The first war was the war of Khandak, he came to the war of Muktah with Ja’far bin Abu Talib, also came to the war of Yarmuk, he conquered Egypt, and other areas in Africa. He followed the footsteps of the Messenger of Allah (s.a.w.) to the extent that he occupied the place where the Messenger of Allah (s.a.w.) had occupied, and he prayed in every place where he prayed in that place, to the extent that the Prophet (s.a.w.) stopped under a tree so Ibn Umar kept watering it with water so that the tree would not dry up. Ibn ‘Umar was among the Imams of the Muslims and one of the leaders of the fatwa. He was very cautious and guarded about his religious beliefs, and his actions were such that he refrained from fighting in the caliphate when the people of the Levant were very fond of him, and he did not fight in any of the wars that were fought over matters of slander. He did not even go to ‘Ali’s wars when they were difficult for him, after which he regretted that he did not fight with ‘Ali. Jabir bin Abdullah said: “There was none among us except Umar and his son Abdullah who loved the world and was pleased with it”. He narrated hadith from the Messenger of Allah s.a.w. and narrated from him. The most widely narrated prophet was Salim and his son Nafi’. Ash Sha’bi said: “Ibn ‘Umar was good in hadith and not good in Fiqh”. He lived another 60 years after the Prophet (peace and blessings of Allaah be upon him), giving fatwas to people during the Hajj season and other times. He died in 73 AH.

3. Abu Hurairah.

He is Abu Hurairah Abdur Rahman bin Shakhr Ad Dausi, he came to the Prophet (peace be upon him) with the move that accompanied the battle of Khaibar in 4 A.H. and he remained with him until he met his Lord (died). Many hadiths were narrated from him. He narrated from the great companions, and from him many tabi’in narrated hadith and among them the most was Sa’id bin Musayab his son-in-law and maul A’raj, and many others. Abu Hurayrah is a place of knowledge and great imams in the field of fatwa accompanied by greatness, worship and tawadhu”. He was among the most memorized companions. It was narrated from Ibn Umar that he said: “O Abu Hurairah, if you are willing then assign us to the Messenger of Allah and teach us with his hadiths. He died in 59 AH.

These three men were the companions of the people of Madinah who had the most hadiths and fatwas during this period. It was from them that the knowledge of the people of Madinah circulated, and it was from them that the tabi’een of Madinah learned, and we remember that he was the most famous of them.

4. Sa’id Al Musayab Al Makhzumi.

He was born two years after the caliphate of ‘Umar, he heard (hadith – pent) from the great companions. He was broad in knowledge, perfect in honor, strong in religion, spoke the truth and deep in soul. Ibn ‘Umar said: “Sa’id ibn Musayab is one of the experts of fatwa”, Qatadah said: “‘I have not seen anyone more knowledgeable than Sa’id ibn Musayab”, Ali Al Madini said: “I do not know of anyone among the tabi’irfs who was more knowledgeable than Sa’id, he was in my place at the time of the tabi’in, he would not accept gifts from kings. Most of his narrations are Al Musnad from Abu Hurayrah, Hasan Bashri when he had a difficulty then he wrote to Sa’id bin Musayab to ask about it. According to one opinion he died in 94 AH.

5. Urwah bin Zubair bin Awam Al Asadi.

He was born during the time of Caliph Uthman. He narrated hadith from several Sahabah and became an expert in Fiqh from his aunt Aisha. He was good at tarikh, a memorizer and steadfast. His son Hisham and all his children narrated hadith from him. Az Zuhri, Abu Zunad and other scholars of Madinah also narrated hadith from him. Az Zuhri said: “I saw him as a sea that does not dry up”. He died in 94 AH.

6. Abu Bakr bin Abdur Rahman bin Harith bin Hisham Al Mahzumi.

He was born during the time of Caliph Umar. He narrated hadith from his father and other companions. Az Zuhri and the minor tabi’in narrated from him. He was a trustworthy person, an expert in argumentation, an expert in Fiqh, an imam who narrated a lot and was generous, He was a pious person, an expert in worship and remembered God a lot. He was called the monk of Quraysh and died in Madinah in 94 AH.

7. Ali bin Husain bin Ali bin Abu Talib Al Hashimi.

He was the fourth of the Imams of the Shi’a Imamiyah and was known as Zainul Abidin, He narrated from his father, his uncle Hasan, Aisha, Ibn Abbas and others, Az Zuhri said:

“I did not see anyone more clever than ‘Ali b. Husayn, but he had little hadith. His son said: “I do not see a Hashim who is more excellent than him”. Ibn Musayab said: “I did not see anyone who was more pious than him.” Ta died in 98 AH.

8. Ubaidullah bin Abdillah bin Utbah bin Mas’ud.

He studied with Aisha, Abu Hurairah, Ibn Abbas and others. Besides being a leading authority on Fiqh and hadith, he was also a good poet. He became the guardian of Umar bin Abdul Aziz. Az Zuhri said: “Ubaidullah is among the seas of knowledge”. He died in the year 98 AH,

9. Salim bin Abdullah bin Umar.

He heard from his father, ‘Aisha, Abu Hurayrah, Sa’id ibn Musayab and others. His father marveled at him and said to him :

Meaning: They criticize me about Salim, but I criticize them. Salim is the part of the skin between the eyes and the nose (always seen by him – pent).

Malik said that in his time there was no one who emulated the righteous of the past more in guhud and virtue than Salim, he was in the way of his father and did not indulge in luxury. He died in 106 AH.

10 Sulaiman bin Yasar maula ummil mu’minin Maimunah.

He narrated from Ummul mu’minin Maimunah, ‘Aa’ishah, Abu Hurairah, Ibn ‘Abbas, Zaid bin Tsabit and others, Hasan bin Muhammad bin Hanafiyah said: “‘He is the most knowledgeable among us than Sa’id ibn Musayab. It was said: A person who asked for a fatwa came to Sa’id ibn Musayab and he said: “You have Sulaiman ibn Yasar”, Maalik said: “Ja is one of the scholars.” He died in 107 AH.

11. Qasim ibn Muhammad ibn Abu Bakr.

He heard from his aunt Aisha, Ibn Abas, Ibn Umar and others. He was educated by his aunt, Yahya bin Sa’id said: “We did not find anyone in Madinah whom we preferred over Qasim”. Abu Zunad said: “I did not see a fiqh scholar who was better at the Sunnah than him”, Ibn ‘Uyainah said: “Qasim was as intelligent as the people of his time”. Ibn Sa’id said: “He was an imam who was an expert in Fiqh, highly respected, wara’ and had much hadith.” Umar ibn Abdul Azis said: “If I had any business, I would have made A’yamisy bani Taim, Qasim, handle it. He died in 106 AH.

12. Nafi’ maula Abdullah ibn Umar.

He narrated from his former master, from Aisha, Abu Hurairah and others. Umar bin Abdul: Azis sent him to Egypt to teach the people the Sunnah. During his lifetime he did not issue a fatwa. He served Abdullah ibn Umar for 30 years, he was from Dailami and died in 117 AH.

13. Muhammad bin Muslim who is known as Ibn Shihab Az Zuhri.

He was born in 50 AH, and received hadith from ‘Abdullah ibn Umar, Anas ibn Malik, Sa’id ibn Musayab and others. Laits b. Sa’id said: “I have never seen a more complete scholar than Az Zuhri”, as narrated in At-Targhib. So you say that others are not good. He is the only one who is better at narrating about the Arabs and their descendants. The same applies when narrating about the Qur’an and the Sunnah. ‘Umar ibn ‘Abdul Azis said that there is no one more knowledgeable about the past Sunnah than Az Zuhri. Malik said: “As long as Ibn Shihab is alive in this world there is no equal to him”. Al-Laits said that Az Zuhri was one of the most generous people, he taught the son of Hisham ibn Avdul Malik and sat with him, and Hisham had asked him to dictate a vak to some of his sons, so he dictated 400 hadith to him. After about a month he met Az Zuhri, so he told him that the book had been lost, so ja asked him to take a notebook and dictate it. Then he compared it with the first book and found that Az Zuhri had not missed a single letter. Malik said that Ibn Shihab came to Madinah and he took Rabi’ah by the hand and they entered the house of the great books when they came out at Asr time and Ibn Shihab said: “I do not think that there is anyone like Rabi’ah in Madinah”, and Rabi’an, when he came out, said: “I think that no one has attained the knowledge that Jbnusy Shihab has attained”. Ibnusy Shihab said that Qasim bin Muhammad said to me: “I see that you are fond of knowledge, would you like me to show you where it is?” I replied: “Yes”. He said: “Stick to Abdur Rahman’s daughter, for she was in ‘Aa’ishah’s room”. So I went to her and found her to be a sea that does not dry up.” He (Az Zuhri) died in 124 AH.

14. Abu Ja’far bin Muhammad bin Ali bin Husain who is known as Al Baqir.

He was the fifth of the Imamiyah Shi’a Imams. He narrated (hadith – pent) from his father, Jabir, Ibn Umar and others. In his time, ja was the master of Banu Hashim. He died in the year 114 AH.

15. Abu Zunad Abdullah ibn Dzakwan: jurist of Medina.

He heard from Anas bin Malik and many of the tabi’een. Al Laits bin Sa’ad said: “‘I saw behind him 300 tabi’in who were learning fiqh, learning shi’ir and various (sciences – pent). He said: Then immediately he was left alone and they went to Rabi’ah Ar Ra’yu. Abu Hanifah said: “I saw Rabi’ah and Abu Zunad, and Abu Zunad was the more skillful of the two”. Sufyan called Abu Zunad amirul mu’minin in the hadith. He died in 131 AH.

16. Yahya bin Sa’id Al Bushiri,

He narrated the hadeeth from Anas ibn Malik and some of the tabi’in. Yahya al-Qathan said: “He has precedence over Az Zuhri, and he contradicted Az Zuhri while Az Zuhri did not contradict him.” Ahmad ibn Hambal said: “Yahya ibn Sa’id is the most steadfast of men. Wahib said: I came to Madinah and I did not meet anyone other than Yahya ibn Sa’id and Malik that you can acknowledge or deny.” He died in 146 AH,

17. Rabi’ah bin Abdur Rahman Faruh. He narrated hadith from Anas bin Malik and several tabi’in. He was an imam who was a hafizh (strong memorizer), a fagih, a mujtahid, paying attention to ra’yu. Hence ja was called Rabi’ah Ar Ra’yu. Yahya bin Sa’id said: I did not see anyone more astute than Rabi’ah. Siwar bin Abdullah who was the chief said: “I did not see anyone more clever than Rabi’ah in his opinion”. I said: “Is it not Hasan and Ibn Sirin?” He said: Neither Hasan nor Ibn Sirin. He was a generous person. This was the place where Imam Malik ibn Anas studied Fiqh. He died in 136 AH.

From the people of Mecca:

1. Abdullah bin Abbas bin Abdul Muttalib. He was born two years before the hijrah. The Messenger of Allah (s.a.w.) prayed that Allah would give him intelligence in religion, and Allah taught him ta’wil. Ibn Mas’ud said: “The best interpreter of the Qur’an is Ibn Abbas. If we had his age, none of us would have given him a tenth of it.” Muammar said: “The general knowledge of Ibn ‘Abbas is equal to that of the three men Umar, ‘Ali and Ubay bin Ka’ab” And it was narrated from him that he said: “I heard about a man who had a hadith, so I went to him and sat down until he came out.” Then I asked him if I would have done it. It was to Ibn ‘Abbas that the knowledge of the people of Mecca in tafsir and fiqh spread. He died in 68 AH.

2. Mujahid bin Jabr maula Bani Mahzum.

He heard from Sa’d, ‘Aisha, Abu Hurayrah and Ibn ‘Abbas. He stayed with Ibn ‘Abbas for a while and Ibn ‘Abbas recited the Qur’an to him. He was one of the places of knowledge. Mujahid said: “I showed the Qur’an to Ibn ‘Abbas three times, and I stopped (wayaf) at each verse to ask him what it was revealed in and what the circumstances of the verse were”. Qatadah said: ‘The cleverest man alive in interpretation is Mujahid: He said: Perhaps Ibn ‘Umar would get a footstool from the saddle of his horse for him.” He died in 103 AH.

3. Ikrimah maula Ibn Abbas.

He narrated hadith from Ibn Abbas, Aisha, Abu Hurairah and others. He studied fiqh with Ibn Abbas. It was said to Sa’id ibn Jabir: “Do you know anyone who is more skillful than you?” He said: “Yes, Ikrimah”. And Ash Sha’bi said: There is no one more knowledgeable about the Book of Allah (the Qur’an) than Ikrimah.” And it is said that he held the opinion of the Khawarij. That is why Imam Malik and Muslim ibn Hajaj did not narrate his hadiths. He died in 107 AH.

4, Atha’ ibn Abu Rabah maula Quraysh.

He was born during the time of Caliph Umar. Ig heard (hadith) from Aisha, Abu Hurairah, Ibn Abbas and others. He was a black, curly, eloquent, knowledgeable man from the army headquarters. Abu Hanifah said: “I did not see anyone better than Atha'”, Al Auza’i said: “Atha’ died and on the day of his death he was one of the most favored of people.” Isma’il ibn Umayah said: “‘Atha’ always kept silent. When he spoke, we imagined that he would strengthen his speech.” Ibn ‘Abbas said: “O people of Mecca, are you all gathered around me, while Atha’ is by your side?” He died in 114 AH.

5. Abu Zubair Muhammad bin Muslim bin Tadarus maula Hakim bin Hazm.

He narrated the hadeeth from Ibn ‘Abbas, Ibn ‘Umar, Sa’id ibn Jubayr and others. Ya’la bin Atha” said: Abu Zubayr narrated it to us and ja was the most perfect man of intellect and the most memorized”. Atha’ said: “We were with Jabir, and he narrated the hadith to us. When we went out, we remembered, and Abu Zubayr was the most memorized hadith among us.” He died in 137 AH.

From the people of Kufa:

1. Algamah bin Qais An Nakha’i was an Iraqi jurist.

He was born during the lifetime of the Messenger of Allah (s.a.w.) and heard from ‘Umar, ‘Uthman, Ibn Mas’ud and ‘Ali. He became an expert in Fiqh with Ibn Mas’ud and he was the best of his friends. It was narrated from Ibn Mas’ud that he said: “‘I do not read or know anything unless Algamah recites it or teaches it”. Qabus bin Zhibyan said to my father: “For what reason did you leave the companions and come to Algamah?” He said: “I found people from the Companions of the Messenger of Allah (s.a.w.) asking him questions and seeking fatwas. Adhzahabi said: “He was a jurist, a very skillful imam, his voice was melodious with the Qur’an, firm in what he narrated, a man of many good deeds and wara”. He was similar to Ibn Mas’ud in his guidance, instructions, attributes and virtues. He died in 62 AH.

2. Masrug bin Ajda’ Al Hamdani, a faqih and one of the scholars.

She was the daughter of Amr bin Ma’dikariba. She learned from ‘Umar, ‘Ali and Ibn Mas’ud. Ash Sha’bi said: “I do not know of anyone who studied more than her”. He was more skillful in giving fatwas than Shuraih and Shuraih sought his advice, while Masrug did not seek Shuraih’s advice. He died in 63 AH.

3. Ubaidah bin Amr As Silmani Al Muradi.

He entered Islam at the time of the conquest of Yemen and learned from ‘Ali and Ibn Mas’ud. Ash-Shafi’bi said: “He opposed Shuraih in giving decisions”. Al ‘Ajali said: “Ubaidah was one of the companions of ‘Abdullah ibn Mas’ud who recited and gave fatwas to the people. He died in 92 AH.

4. Al Aswad b. Yazid an Nakha’i was a scholar of Kufa.

The son of the brother of Alqamah ibn Qais. He learned from Mu’adz, Ibn Mas’ud and others. He died in 95 AH.

5. Shuraih bin Harith Al Kindi.

Umar made him a judge in Kufa, and afterward Ali made him a judge. He continued as a judge until the time of Al Hajaj bin Yusuf. He resigned a year before his death. And we do not know of any judge who actively judged among the people for sixty years other than Shuraih. He narrated from ‘Umar, ‘Ali and Ibn Mas’ud. He died in 78 AH.

6. Ibrahim bin Yazid An Nakha’i was an Iraqi Fiqh expert.

He narrated hadith from Alqamah, Masruq, Aswad and others. He was the teacher of Hamad bin Abu Salamah who was an expert in Fiqh and a sincere scholar. He was afraid of fame and he did not sit on one leg (jegang – Javanese). Abdul Maiik bin Abu Sulaiman said, I heard Sa’id bin Jubayr say: “You ask me for a fatwa, while you have Ibrahim An Nakha’i? and he only speaks when asked. He died in 95 AH.

7. Sa’id bin Jubair maula Walibah.

He heard from Ibn ‘Abbas, Ibn ‘Umar and others. When the people of Kufa went on Hajj and asked Ibn ‘Abbas, he would say: “Don’t you have Sa’id ibn Jubayr by your side” and he does not leave anyone who is repeating by his side. Maimun bin Mahran said: “Sa’id b. Jubayr died in a state where there was not a single person on the surface of the earth who was in need of his knowledge”. He was killed by al-Hajaj in the Fitnah of Ibn Ash’ats in 95 AH.

8. Amir bin Sharahil Ash Sha’bi.

He was a clever tabi’in, born during the time of Caliph ‘Umar in 19 A.H. He was an imam, an expert in Fiqh and a master of the arts. He narrated hadith from ‘Ali, Abu Hurairah, Ibn Abbas, ‘Aisha, and others. Ta was the greatest of the shaikhs of Abu Hanifah who held court in Kufa. Mak-hul said: “I have not seen anyone more clever than Ash-Sha’bi”, Abu Husayn said: “I have never seen anyone more clever than Ash-Shafi’bi”, Ibn Sirin said to Abu Bakr Al Hadzali: “Stick to Ash-Shaw’b because I have seen him being asked for a fatwa while there are still many of his companions. Ibn Abu Laila said: Ash-Sha’b is the one who has atsar and Ibrahim is the one who has qiyas.” Ibn ‘Umar passed by Ash-Shaw’bi who was narrating about the battles when he said: “You witnessed the people, that is why you have memorized them and know more than me about them.” It was narrated from him that he said: “The righteous are reluctant to multiply (narrate – pent) hadith. If it were up to me, I would not retract what I have narrated except in accordance with what has been agreed upon by the hadith scholars.” Ibn ‘Aun said: “When something comes to Ash-Sha’bi he fears it”, Ibrahim said: “Ash-Sha’bi is open and Ibrahim is closed, but when a fatwa is stopped, Ash-Sha’bi withdraws and Ibrahim expands.” It was narrated from Ash-Sha’bi that he said: “We are not fiqh experts, but we hear hadeeths and narrate them. A fiqh expert is one who, when he knows something, puts it into practice. Ash-Sha’b disliked qiyas.” He died in 104 AH.

From the people of Bashrah:

1. Anas bin Malik Al Anshari servant of the Messenger of Allah s.a.w.

He was a long-lived companion and had many hadiths. He remained with the Prophet from the time of his migration until his death. Then he narrated (hadith – pent) from Abu Bakr, Umar, Uthman and on Umar for one year. Al-Bukhari narrated 80 hadiths, Muslim narrated 70 hadiths from Anas. The two of them made 128 hadiths together. He died in 93 AH.

2. Abu ‘Aliyah Rafi? bin Mahran Ar Rayani maula Rauyah a small clan from Banu Tamim.

He heard from ‘Umar, Ibn Mas’ud, ‘Ali and ‘Aa’ishah. It was narrated from him that he said: “Ibn ‘Abbas used to elevate me, while the Quraysh were inferior to him”. And he said: “Such is knowledge, that a noble person will increase in honor, and kings will sit on captives.” He died in 90 AH.

3. Hasan bin Hasan Yasar maula Zaid bin Tsabit.

He grew up in Medina and memorized the Qur’an during the time of Caliph Uthman. Then after growing up he continued to fight (fight), study knowledge and practice it. He was a scholar of high rank, trustworthy, an expert in argumentation, an expert in worship, high in knowledge, eloquent, handsome and manifest in goodness. He was one of those who spoke frankly and in carrying out the commands of Allah did not fear the reproach of those who reproached him, He died in 110 AH.

4. Abu Sha’tsa ibn Zaid friend of Ibn Abbas.

It was narrated from Ibn Abbas that he said:

“If the people of Bashrah had stuck to the opinion of Jabir ibn Zayd, they would have been the most knowledgeable about what is in the Book of Allah”. It was narrated to him that he said: “I did not see anyone who was more skillful in issuing a fatwa than Jabir b. Zayd”. It was narrated that Ibn Umar met him during tawaf, so Ibn Umar said to him: “O Jabir, you are one of the fuqaha of Bashrah, and you are asked for a fatwa, so you should never give a fatwa except from the Qur’an that speaks or the Sunnah that is past. if you do not do so, you will perish and be destroyed.” He died in 93 AH.

5. Muhammad bin Sirin maula Anas bin Malik.

He was born two years at the end of Uthman’s caliphate. He narrated from his mother Anas, Abu Hurairah, Ibn Abbas, Ibn Umar and others. He was an expert in Fiqh, an imam whose knowledge was rarely matched, trustworthy, solid, good at interpreting dreams, and a leader of the wara’. Murag Al ‘Ajali said: “I have not seen anyone more profound in wara’ and more pious in Fiqh than Ibn Sirin.” He died in 110 AH, 100 days after Hasan.

6. Qatadah ibn Di’amah Ad Dausi.

He narrated (hadith – pent) from Anas, Sa’id bin’ Musayab and others. He was blind and had a strong memory. Ibn Sirin said: “Qatadah was the most memorized man”. Qatadah said: “There is not a single verse in the Qur’an except that I have heard something about it”. Ahmad bin Hambal said: “Qatadah was more knowledgeable about tafseer and scholarly disputes”. He described him as memorized, profound and sweet in his narration. And he said: You will find someone who precedes him.” Qatadah said: “I have not given a ruling based on ra’yu for twenty years”. Because of his memorization, he became a figure in Arabic language, linguistics, Arab wars and descent. He died in 118 AH.

From the people of Sham:

1. Abdur Rahman bin Ghunmin Al-Ash’ari.

He narrated from Umar, Muadz and others. Umar ibn Khathab sent him to Sham to guide people. He was the one from whom the tabi’in learned Fiqh in Sham. He was high in rank, honest and honorable. He died in the year 18 AH.

2. Abu Iaris Al Khulani ‘Aidzullah bin Abdullah.

He was one of the gatherers of knowledge and charity, taking (learning) from Muadz bin Jabal and some of the companions. He became the counselor of the people of Sham, their storyteller and judge. Az Zuhri said: Abu Idris was: one of the fugha of Sham” He died in 80 AH.

3. Qabishah bin Dhuaib.

He was at the end of the caliph Abdul Malik. He narrated hadith from Abu Bakr, Umar and others. Az Zuhri said: “Qubaishah was among the scholars of this ummah”. Mak-hul said: “I have not seen anyone more skillful than him”. Ash-Sha’bi said: “Qubaishah was the one who knew the most about the decision of Zayd ibn Thabit. He died in 86 AH.

4. Mak-hul ibn Abu Muslim maula of a woman from Hudzail, originally from Kabil.

He narrated hadeeths from the minor sahabah and he narrated from the major sahabah, i.e. he narrated from them without explaining the intermediary between him and them. He traveled a lot in search of knowledge until he attained the perfect share in knowledge. Az Zuhri said: “There were three scholars, and he mentioned that some of them were Mak-hul”. Hatim said: “I do not know of anyone in Sham who is more knowledgeable than Mak-hul”. He died in the year 113 AH.

5. Raja’ bin Hayah Al Kindi.

Shaykh of the people of Sham and a government official. He narrated from Mu’awiyah, ‘Abdullah ibn ‘Umar, Jabir and others. Mathar Al Waraq said: “I did not see a Shamite more skillful than him (Raja’ bin Hayah)”. Makhul said: “Raja’ is the master of the people of Sham concerning themselves”. Ibn Sa’d said: “Raja’ was a man of honor, trustworthiness and knowledge.” He died in 113 AH.

6. Umar bin Abdul Aziz bin Marwan.

He was the 8th caliph of Bani Umayah. He was born in Medina and grew up in Egypt. He narrated (hadith – pent) from Anas bin Malik and some of the tabi’in. He was a fervid imam, a mujtahid, knowledgeable about the Sunnah, great in his affairs, firm in his proofs, a hafidz, submissive to Allah, complaining a lot and returning to Him. He was comparable to Umar ibn Khathab in his justice, to Hasan Bashri in his zuhud and to Az Zuhri in his knowledge. Mujahid said: “We came to him to teach, but we did not leave him until we learned from him”. He died in the year 101 AH.

From the people of Egypt:

1. Abdullah bin Amr bin Ash.

In the days of the Prophet (peace be upon him) ja was a fasting person, a night watcher, a reader of the Book of Allah and a seeker of knowledge. He wrote a lot of knowledge obtained from the Prophet s.a.w. He was known to Abu Hurairah with a lot of knowledge. And Abu Hurairah said: “He can write while I cannot write”. He was a good man, concentrated in his affairs, reproached his father for his actions in the fitnah, he repented of sins, sat down (did not participate) in the war, because of the fear of sitting down, he came to Shiffin but did not draw a sword. He corrected some of the books of the scribes, analyzed their thoughts and saw wonders. The Egyptians gained much knowledge from him. He died in Egypt in 90 AH.

2. Abul Khair Martsad bin Abdullah Al Yazini, resident mufti of Egypt.

He narrated from Abu Ayub Al Anshari, Abu Bashrah Al Ghaffari and Uqbah bin Amir Al Juhani. He became a Fiqh scholar with Uqbah and Abdullah bin Amr. Ibn Yunus said: “He was the mufti of the Egyptians”. He died in the year 90 AH.

3. Yazid bin Abu Habib maula Al Azdi.

He narrated from some of the Sahaabah, and most of his narrations were from the tabi’een. Abu Sa’id ibn Yunus said: “He was the mufti of the people of Egypt; he was generous and clever. He was the first person to bring up knowledge, some other issues, halal and haram. Before that they used to talk about things that stirred up wars and slanders. Al Laits bin Sa’ad said: “‘Increase our scholars and our rulers'”. And it is said that Yazid was one of the three men whom Umar b. ‘Abd al-‘Aziz used to consult in Egypt. He was from the Barbarian nation. His father was from the people of Dangalah. He grew up in Egypt.

When there is an allegiance to the Caliph the first people to do so are Ubaidillah b. ‘Ali b. Abu Ja’far and Yazid b. Habib. Ibn Luhai’ah said: “Yazid was sick, so Hauratsah bin Suhail the emir of Egypt visited him and said: “O Abu Raja’, what do you think of the prayer of one who has lice blood on his garment?” Abu Raja’ turned his face away and did not speak about it. Ibn Lujai’ah said: “‘Yazid looked at him and said: “You kill creatures every day and you ask me about the blood of lice?” Sa’id ibn Ufair said: ‘Umar ibn ‘Abdul Aziz sent a messenger to Yazid saying: “Bring it to me because I will ask you about knowledge”. So Yazid sent a messenger to Umar ibn Abdul Aziz: “Even you, then come to me, for your coming to me is an adornment for you, and my coming to you is a reproach for me.” He died in 128 AH.

From the people of Yemen:

1. Thawus ibn Kaisan Al Jundi from Abna’

He heard hadith from Zaid bin Tsabit, Aisha, Abu Hurairah and others. He was a leader in knowledge and charity. Amir bin Dinar said: “I have not seen anyone like Thawus”. Qais bin Sa’id said: “The state of Thawus among us is like Ibn Sirin among the people of Bashrah”. Adh Dzahabi said: “Thawus was the shaikh of the people of Yemen, their scholar and jurist, and he had great honor and many proofs. His death took place in Makkah in 106 AH.

2. Wahab bin Munabbih Ash Shan’ani, the pious man of Yemen.

He narrated hadeeths from Ibn Umar, Ibn Abbas, Jabir and others. He had much knowledge from the people of the book, because ja focused on him and studied him deeply. Al ‘Ajali said: “He was a trustworthy person, a tabi’in and handled the court”. He died in 114 AH.

3. Yahya bin Abu Katsir maula Thayi’.

He narrated the hadeeth from Anas ibn Malik and from many of the tabi’in. Shu’bah said: “He has better hadeeth than Az Zuhri”. Ahmad said: “When Az Zuhri contradicts him, the word that is accepted is that of Yahya”. He died in 129 AH.

These are the people we have mentioned because they were the ones who used to give fatwas during this period and narrate hadiths from the Messenger of Allah (s.a.w). It is not known to people to follow a particular jurist and follow his narrations or opinions. But those who gave fatwas in the different major countries were familiar with Fiqh and hadith narrations, and the one who asked for a fatwa could go to whichever of them he wished, ask him about what he was experiencing, and then be given a fatwa by him, and at other times might go to another mufti, In large countries the judges judge people by what they understand from the Book of Allah or the Sunnah of His Messenger or ra’yu if it is necessary for them. Perhaps they seek a fatwa from one of the fuqaha known in their country, and perhaps they send to the caliph to ask him about it, as was often the case during the time of ‘Umar ibn ‘Abdul Aziz,

In this period a group emerged which the scholars of tarikh called the Khawarij. The Khawarij were a group that left Uthman b. Affan in retaliation for the actions he took. Thus, they justified leaving him and then killing him. When they pledged allegiance to ‘Ali, then they became a great cause in stirring up the affair between ‘Ali and Mu’awiyah so that there arose a great war in the field of Shiffin between the two groups that were the choice of the Islamic world. When Mu’awiyah called for a settlement, at first they agreed to it, but afterwards they denounced it and said that the settlement was disbelieved because :

 Meaning:

The decision belongs only to God.

This phrase was taken as their shi’ar so that it was said of the one who held the opinion of the Khawarij that he had made a ruling. Between them and ‘Ali there were difficult steps in which both fought each other. Thus the field multiplied for ‘Ali whose enemy was the most obedient of soldiers. The end of the affair was the killing of Ali r.a. in secret by one of them namely Abdur Rahman bin Muljam. At that time there was a special group that had a special persoonpersoon known as the sacrificers. They took this name from the words of Allah Ta’ala :

Meaning:

And among men there are those who sacrifice themselves seeking the pleasure of Allah.

Their general principle was to hand over the government to the two shaykhs, Abu Bakr and ‘Umar, and to disassociate themselves from ‘Uthman because there was something that they disliked in ‘Uthman, and to disassociate themselves from ‘Ali because he was willing to accept peace, and from Mu’awiyah because he defeated the Muslims without their consent. Their principle of the caliphate is known to be that the caliphate is a matter that is left to the people to choose whom they wish from any family; they abandoned the Quraysh tribal specificity with the caliphate. And it is not obligatory to obey the caliph except within the bounds of what Allah, the Exalted, has explained in His Book or the Sunnah of His Messenger, which is followed. If the caliphs deviate from them, then they disassociate themselves from them and are obliged to disobey them, and they do not distinguish between kafir and wicked, rather the one who transgresses the limits of Allah is wicked, and the wicked are kafir. They have evidence from the texts of the Qur’an to back them up. Hence they regarded anyone who helped Mu’awiyah and did not disassociate himself from ‘Ali and ‘Uthman as having left the religion. The majority of the scholars and the Shi’ah justified fighting and killing the Khawarij. In addition, among the Shi’ah there was a great leader who led them to fight the caliph of the Jumhur. All of this led to a strong opinion in religion, and they always took the apparent meaning of the Qur’an and did not accept the Sunnah except for the hadith narrated by those whom they followed. They relied on the hadeeths that were known at the time of Abu Bakr and ‘Umar. They have great scholars and muftis among them to turn to, but their harshness towards the majority and their belief in the hadeeth has caused the majority to flee from them and from anyone who is accused of having a view similar to theirs, so the majority do not narrate from them (Khawarij) if he is a muhadith, and do not ask for a fatwa if he is a mufti, in addition to that they may be as far away as possible from lying because lying is considered by them to make them disbelievers. In connection with their running, some of the hadith scholars invalidated the narration of Ikrimah from Ibn ‘Abbas, which Malik ibn Anas and Muslim ibn Hajaj did not narrate, because Ikrimah was accused of being of the Khawarij opinion. Some hadith scholars weakened the report of Imran ibn Hithan, a Khawarij jurist and poet. The Khawarij were not united for a long time, but there were divisions among them because of differences of opinion in dealing with matters relating to the association of the majority, and their violence during the Umayyad and early Abbasid dynasties.

This was also the case with the Shi’ah, those who established the rule of ‘Ali b. Abu Talib and his family. Their principle, which is prevalent among them, is that the caliphate is the right of ‘Ali, which right was acquired by the will of the Messenger of Allah (s.a.w.). Hence they specialized the will over him and the caliphate after ‘Ali is his sons, and it is only the unjust and the ghashab who shift the caliphate from ‘Ali and his descendants. It appealed to some of them to usurp the position of Abu Bakr and ‘Umar because these two were ghashab against ‘Ali. After ‘Ali they gave the Imamate to his son Hasan then his son Husayn with no disagreement. After Husayn was killed they split into two groups. Some of them gave the Imamate to Muhammad b. Hanafiyah because he was Ali’s eldest son after Husayn, and this group was called the Kisaniyah. And the name Muhammad was used in the revolt that Mukhtar b. Abu ‘Abid Ats Tsagafi made against Bani Umayah and Abdullah b. Zubair and they singled out Muhammad b. Hanafiyah as Al Mahdi The soul of this revolt was not religious as the soul of Khawarij, but the revolt was worldly. Hence he resorted to lying to advance his cause.

Some of the Shi’ah gave the caliphate to Fatima’s sons, and after Husayn it was given to his son Ali Zainul Abidin, one of the fuqaha of this period. When he died, he left two sons, Muhammad b. ‘Ali, known as Bagir, and Zayd b. ‘Ali. They gave the Imamate to Bagir and after his death they split into two groups. Some of them appointed Zayd b. ‘Ali and they became known as the Zaydiyah and some of them decided to keep Bagir’s descendants and so they transferred the Imamate to his son Ja’far Shadiq. The Zaydiyah have a specific view on the Imamate, which is that they do not disassociate themselves from Abu Bakr and ‘Umar, because they were both trustees and they were both just. And they say that the Imamate belongs to the sons of ‘Ali and Fatima. They denied that the Imam is determined by a will with a name, as the Ja’fariyah said, so they said that anyone who claims to be a descendant of ‘Ali and is perfect in the attributes of the Imamate must be followed and assisted. Hence they rebelled with Zayd b. ‘Ali during the time of Hisham b. ‘Abd al-Malik. When he was killed they moved with his son Yahya, then with Muhammad Al Mahdi famous as Nafsuz Zakiyah b. Abduilah b. Hasan b. ‘Ali who rebelled against Mansur Al Abbasi at the beginning of the Abbasid dynasty.

In this period there were three Shi’a groups: the Kisaniyah, the Imamiyah Zaidiyah and the Imamiyah Ja’fariyah. Each group received knowledge and religion from the Imams who were loyal to ‘Ali as well as those who supported him. They had the belief that the Imams differed in straightness and transgression. Some of them strengthened ‘Ali and his family, which led them to narrate many hadiths which the majority of the Imams had no doubt were lies against the Messenger of Allah (s.a.w.). Hence they would not accept the narrations of any of the outrageous followers or advocates of Shi’ism just as they stopped accepting the narrations of the outrageous ones from among the Khawarij.

FOURTH PERIOD: LEGAL DEVELOPMENT DURING THE EARLY SECOND TO MID-FOURTH CENTURIES OF THE HIJRI.

The period of the compilation of the Sunnah, Fiqh, and the emergence of the great Imams known to the majority as madh-hab figures.

POLITICAL OVERVIEW

At the beginning of this period a successful secret society was formed to transfer the caliphate from the Umayyads to the family of Muhammad (peace be upon him). Eventually the caliphate passed to the Banu Abbas bin Abdul Muttalib of which the (first) caliph was Abu Abbas nicknamed As Saffah bin Muhammad bin Ali bin Abdullah bin Abbas. These Abbasids were very harsh in their actions against the Umayyads with a violence that has never been done by historical figures (power holders who are the object of history – pen). They committed harsh and wild acts that were not to the liking of their Persian supporters and helpers. A man of the Umayyad clan whose will was greatest managed to seclude himself to enter the land of Andalusia. There he established a large kingdom independent of the Abbasids. This was the beginning of the division of Islam. This move to another place did not sit well with the descendants of their uncle Ali b. Abu Talib who thought that they were more entitled to the caliphate than any other family. So they resolved in their hearts to take over the caliphate or to make things worse for their enemies. That was the first rebellion of the family of ‘Ali (Alawiyyin). Then it was by Hasan’s sons Muhammad b. ‘Abd Allah b. Hasan b. ‘Ali, and it would have almost achieved its goal had it not been for the mistakes and the bad clash in Medina over him and his brother Ibrahim between Bashrah and Kufa.

Then there was another revolt under the leadership of his grandson Musa Al-Hadi bin Muhammad Al Mahdi bin Abu Ja’far Al–Manshur in the regions of Mecca, but he was killed. And Idris b. Abdullah the brother of Muhammad Nafsuz Zakiyyah escaped from the war. He went far to the west and there among the Barbarians ja established an Islamic caliphate which was the second state to break away from the Abbasid caliphate namely the Idrisiyyah caliphate.

Likewise, his brother Yahya b. ‘Abd Allah fled to the north in the country of Dailam followed by a large crowd. In defeating him, Ar-Rashid used deceit (trickery) with the intercession of Fadhal bin Yahya bin Khalid bin Barmak who asked Yahya bin Abdullah to return from his protection and was given a letter of security, but Ar-Rashid did not keep the promise he had given.

Ar-Rashid was of the opinion that he was in dire need of a strong government that would protect him against the attacks of those who wanted to defeat him. In the west he established the foundation of the Ghalibiah sovereignty in Africa. Then Al-Ma’mun established the Ath-Thahiriyah rule in Khurasan, and the Zaidiyah rule in Yemen. All of this was to thwart the success of the Shi’a in various regions.

The Imamiyah Shi’a had agreed to appoint Ja’far b. Muhammad, known as Ash Shadik, the sixth of the Shi’a Imams. Gan had a large following, but he did not demand the caliphate for himself. When he died, his followers were divided into two groups namely :

1. A group appointed his son named Musa who was known as Al Kazhim. This group is known as the Musawiyah. After Musa they gave the Imamate to his children and grandchildren until the twelfth Imam. The twelfth Imam was Abul Qasim Muhammad Al ‘Askari bin Hasan Al ‘Askari bin Ali Al-Hadi bin Muhammad Al Jawad bin Ali Ridha bin Musa Al-Kazhim bin Ja’far Shadik bin Muhammad Bakir bin Ali Zainal Abidin bin Husain bin Ali bin Abu Talib. The Imamiyya Shi’a think that after his father’s death in 260 A.H. the Imam did not appear and will reappear at the end of time to spread justice all over the earth as injustice is rampant. They are waiting for him until now.

2. The second group appointed Isma’il b. Ja’far Shadik and this group is known as the Isma’iliyah. They sought to attain the caliphate, something that the first group did not do. They started with secret appeals and made teachings that attracted those who ran away. When they had accomplished what they wanted, their imam Ubaidillah Al–Mahdi emerged in Africa and he was the head of the Fatimid dynasty. He achieved great success in ruling the entire Maghreb. As this period drew to a close there arose in Cairo Egypt a dynasty that was firm in its essence and strong in its influence, namely the Ma’zids.

The Abbasid rule was based on two fanatics: the Arab fanatic among the Arabs who held the reins of government, and the Persian fanatic among the advocates of the Abbasid rule. When the Abbasid caliphs encountered something doubtful, they turned to others for help, so Al-Ma’mun, who was educated in Persia and was always in their midst, turned to his brother Muhammad Al-Amin for help in abolishing the Arab fanaticism and giving the backbone of the kingdom to other groups. When his brother Isaac Al-Mu’tashim ruled he renewed himself with another fanatic from the Turkish empire who spread his wings. Such was the inevitable fate of the Abbasid monarchy. Mutawakkil Al Mu’tashim intended to break away from them but was destroyed before he could. Thus it was by agreement with his son Al-Muntashir. Thus the caliphs were totally subservient to the Sultan who had put his grip on Al-Mu’tashim, hence they had a say which was carried out by those near and far to the caliphate. This weakness led to the establishment of several governments in the east such as the Samanid dynasty on the other side of the river and the Shafarid dynasty in Persi. This period ended with the establishment of the Buwaihi dynasty which established a kingdom for its family, and eventually they took control of Baghdad itself as the capital of the Abbasid caliphate. The Abbasids were left in name only, and it was the Banu Buwaihi of Dailam who exercised power.

This was the state of the sovereignty that ruled since 132 A.H. which inherited massively from the Umayyads, and in 330 A.H. the sovereignty was a mere name. The throne passed from the Arabs to the Jains, the Persians, the Dailams, the Turks and the Barbarians. From the time of Al-Mu’tashim there was not a single Arab in the military forces.

The specialty of this period :

1. Expansion of culture.

When Abu Bakr Al-Manshur was caliph, the city of Baghdad was built to be the capital of the Islamic world, and it was beautified more than any other city in the world at that time. After the city was completed, scholars from all over the world gathered there. So did the merchants, and the artisans, each of whom had different pleasures and feelings. For almost the entire period, Baghdad was the most beautiful and prominent city in the entire region. Its population was more than a few million people. It extended to the banks of the river Dajlah, which was Al-Manshur’s city to the west and Al-Mahdi’s to the east. In building the city, Arab, Persian and Roman ideas were combined, each of which drew on the creative abilities hidden in each of them.

If you trace the Islamic empire in the west, namely in the Andalusian peninsula, then you find the city of Cordoba which was counted on a par with the city of Baghdad under the deification of the Great Amir Abdur Rahman bin Mu’awiyah the builder of the Umawiyah sovereignty in Andalusia. In Africa you find the city of Kirawan which inherited the splendor of the Roman model African cities whose beauty moved to it. After that you find the city of Fusthath the capital of Egypt, where its great mosque contains the halagahs for the scholars who left the greatest influence in ijtihad and istimbath. They were the ones who brought Fiqh from the different mujtahid imams to the people. Some of them were Malik’s friends like Ibn al-Qasim, some of them were Ash-Shafi’i’s friends like Rabi’ and Muzni, and it was the Fusthath mosque that spread Ash-Shafi’i’s knowledge. And some of them were friends of Abu Hanifah, namely Abu Ja’far Ath Thahawi. All of this is one of the legacies of Fusthath. One who examines the writings of the historians of this country will see that Fusthath was already cultured, in science, trade and carpentry not inferior to the city of Baghdad. Then you find the city of Damascus, although it has lost the greatness of the caliphate, it is still well preserved. The cities of Kufa and Bashrah, which were the homes of the scholars and hukama’ (wise men), and the proximity of Baghdad to these two cities meant that Baghdad could not escape the rays of these cities, because Baghdad was a major route for trade from India, while Kufa was the home of the Arabs. If you look to the east, you will see the cities of Maru, Naisabur and other major cities, where culture has expanded into areas of trade, agriculture and carpentry. All of this has reached such a peak that the culture has surpassed all previous cultures because Islamic culture is the essence of many different cultures. And the emirs had a great influence in the field of fiqh because of the organization of people who dealt with different issues to be resolved.

2. Scientific movements in Islamic countries.

The scientific movement began at the end of the previous period. In this period it had grown very rapidly due to the arrival of ancient civilizations to the Arab thinkers. This had two elements:

1. The first element is maula.

A large number of Persians, Romans and Egyptians had converted to Islam. Some of them became prisoners of war when they were young and were educated under the tutelage of their Muslim masters, so that they inherited the knowledge of Islam from their masters, which was based on the Qur’an and Sunnah. Some of them became great gari’-gari’ and hadith experts, in addition to Arab scholars. And some of these young people converted to Islam when they were older or older, so that by their nature they married thought and perfected reason. This period began and the mullahs had a major role in state politics, for in fact the Abbasid caliphate stood on the heads of its mullahs from the inhabitants of Khurasan and Iraq. Thus they were allies in the sovereignty, and their alliance in science and politics was complete.

1. Persian and Roman books:

At the end of the previous period, the translation of Persian and Roman books into Arabic began. In this period from the time of Abu Ja’far Al-Manshur, the second Abbasid caliph, attention to translation increased, and it continued to grow until the time of Ma’mun ibn Ar-Rashid at the beginning of the third century AH. Deeply indebted to Greek literature and the opinions of Aristotle in particular, the books spread rapidly. What was contained therein played a role in shaping the knowledge of the kalam scholars, who experienced many ups and downs during the time of Ai-Ma’mun, and who, because of their high esteem, came close to overthrowing the hadith scholars. This was because Al-Ma’mun supported them and part of the effect of this support was the raising of doubts about the deity of the Qur’an and Al-Ma’mun’s action to get the hadithers to change their beliefs in this regard. If one looks at his letter to the governor of Baghdad concerning the hadithers, one will see how the kalamist thought of the hadithers, in which he mentions them by name and denounces their thoughts and manners. We do not think there is the slightest hesitation in blaming Al-Ma’mun for being the caliph of the Muslims. But he intervened in a belief that was disputed by the majority, and he attacked a group of scholars who expressed their opinion. In this case he was stifling freedom of thought and disrespecting it. The hadithers were unanimous in their opposition to this kalamiah movement, and the majority were with them, so what they intended was achieved. Now we see that the connection between us and the kalamists is broken except for what the hadithers narrate. As for what they wrote, we hardly saw any of it. In addition, they contributed to the development of practical Islamic law during this period. We will mention a few of their discussions about the Sunnah and Qiyas. Some of the famous leaders of the mutakallimin were Amr bin Ubaid who died in 144 AH, Abdul Hudzail Al-Ilaf who died in 235 AH, and Amr bin Bahr Al-Jahizh who died in 255 AH.

3. Increased memorization of the Qur’an (huffazh) and attention to it.

In this period the memorizers of the Qur’an multiplied and spread throughout the Islamic regions as the Book spread, and in each region the Muslims knew famous reciters. The reciters were:

1. In Medina that is:

Nafi” ibn Abu Nu’aim maula Ja’unah. He studied with the students of Ibn ‘Abbas and died in 167 AH.

The most famous people to narrate giraah from Nafi” were Isa b. Mina nicknamed Qalun who died in 205 AH, and Abu Sa’id Uthman b. Sa’id Mishri nicknamed Warasy who died in 197 AH. It was to him that most of the people of Maghrib learned the Qur’an.

1. In Mecca that is:

Abdullah bin Katsir maula Amr bin Alaamah was from Persi. He studied with the students of Ibn Abbas and died in 120 AH.

The famous people who narrated gira-ah from him are Abul Hasan Ahmad bin Abdullah Ai Bazi who died in 205 A.H. and Abu Umar Muhammad who was nicknamed Qambal and died in 291 A.H. These two people narrated from Ibn Kathir’s students.

1. In Bashrah that is:

Abu Amr ibn ‘Ali Al-Mazini was from Kaziruni. He studied with the disciples of Ibn Abbas, and died in Kufa in 154 A.H. Those who are known to have narrated gira-ah from him are Yahya b. Mubarak Al-Yazidi, and from Yahya it was narrated by Abu Hafsh b. Umar Ad Dauri who died in 264 A.H., and Abu Shu’aib Shalih b. Zayad As Susi who died in 261 A.H. Most of the people of Sudan studied with Abu Amr.

1. In Damascus that is:

Abduliah b. Amir who studied with the disciples of ‘Uthman and Abu Darda’. He died in 118 AH.

Those who are known to have narrated gira-ah from him are Abul Walid Hisham bin Amr Ad Damashki who died in 245 AH, and Abu Amr Abdillah bin Ahmad bin Bashir bin Dzakwan who died in 242 AH. These two men narrated gira-ah from Ibn Amir in Wasithah.

1. In Kufa that is:

1). Abu Bakr Ashim ibn Abu Najud. He studied with the disciples of ‘Uthman, ‘Ali, Ibn Mas’ud, Ubaiy and Zaid bin Tsabit. He died in Kufa in 128 AH.

Those who are known to have narrated gira-ah from him are Shu’bah b. Iyasy Al Kufi who died in 193 A.H., and Hafsh b. Sulaiman who died in 180 A.H. The Egyptians recited the Qur’an by his narration, as did most Islamic countries.

2). Hamzah bin Habib Az-Zayat. He learned from the way of Ali, Ibn Abbas and Uthman. He died in 145 AH.

The most famous people to narrate his gira-ah are Khalaf bin Hisham AlBazar who died in 229 A.H., and Isa bin Khalid nicknamed Khalad who died in 220 A.H. He studied with the students of Hamzah.

3). Abut Hasan Ali bin Hamzah Al-Kisa-i maula Bani Asad of Persian descent. He studied with Hamzah bin Habib and died in 179 AH.

The famous person who narrated the gira-ah from him was Abul Harith Al Laits bin Khalid who died in 420 A.H. Ad-Dauri was the one who credited the hadith or shi’ir of Abu Amr bin Ala.

These are the people who are known as the seven Qari’ (Alqurra’as Sab’ah) who are neat and dhabith (strong in memorization) more than others. Below them there are three more people, namely :

1. Abu Ja’far Yazid bin Qa’ga” Al-Madani who died in 130 A.H. Two of his narrators were Isa bi n Wardan and Sulaiman bin Jamaz..
2. Ya’kub ibn Isaac Al-Hadhrami who died in 205 A.H. His two companions were Ruwais and Rauh.
3. Khalaf ibn Hisham was the one who narrated the hadith or shi’ir of Hamzah ibn Habib. Two of his informants were Isaac Al-Waraq and Idris Ai-Haddad.

These ten people are called the ten reciters (Al qurraf al “asyarah). In addition to the ten reciters, there are still four famous reciters, namely:

1. Muhammad bin Abdur Rahman Al-Makki who is known as Ibn Muhaishin. Two of his narrators were Al-Bazi with the narration of Ibn Kathir and Abul Hasan bin Shambudz.
2. Yahya bin Mubarak Al Yazidi with the narration of Abu Amr bin Ala’ . The two narrators are Sulaiman bin Hakam and Ahmad bin Farah.
3. Al Hasan ibn Abul Hasan Al-Bashri was an expert in Fiqh. The two narrators are Abu Nashr Al-Balkhi and Ad Dauri with the narration of Abu Amr bin Ala’ Al-Kisa-i.
4. AlA’masy Sulaiman bin Mahran. The two narrators were Hasan bin Sa’id Al-Mithwa’i and Abul Faraj Ash-Shambudzi Ash-Shathawi.

The Qira-ah of the four reciters is not considered to have reached the level of mutawatir. Therefore, they are considered to be shadz.

These qira-ah differ only slightly from what is contained in the rasam (writing) of the mush-haf written at the time of ‘Uthman r.a..

As this period drew to a close, the gira-ah had become one of the religious sciences, and its scholars had begun to compile books dealing with its performance and narration.

4. Bookkeeping of the Sunnah.

This period was a glorious time for the Sunnah. The narrators of the Sunnah took note of the need to compile and record the Sunnah. What is meant by compiling the Sunnah is collecting similar Sunnah under one heading, some of which are collected with others such as hadiths about prayer, fasting and so on. This idea arose in all Muslim countries at the same time, so that it is not known who gained the advantage of being first in compiling it.

Among those who recorded in the first stage of this period were Imam Malik bin Anas in Medina, Abdul Malik bin Abdul Aziz bin Juraij in Mecca, Sufyan bin Tsauri in Kufa, Hamad bin Salmah and Sa’id bin Arubah in Bashrah, Hashim bin Bashir in Wasith, Abdur Rahman Al Auza’i in Sham, Ma’mar bin Rashid in Yemen, Abdullah bin Mubarak in Khurasan, and Jarir bin Abdul Hamid in Ray. In those books the hadith was still mixed with the words of the sahabah and tabi’in as we see in the book Al Muwatha’ by Imam Malik (may Allah have mercy on him).

In the second stage the hadith of the Prophet began to be separated from the words of other people, namely at the beginning of 200 .H. They composed books known as musnads, such as Musnad Abduliah bin Musa Al-Kufi, Musnad Musaddad bin Masrahad Al Bashri, Musnad Asad bin Musa Al Mishri, Musnad Na’im bin Hamad Al-Khaza’i, Musnad Isaac bin Rahawaih, Musnad Uthman bin Abi Saibah and Musnad Ahmad bin Hambal. They put the hadith in the musnad of the narrator. They called it the Musnad of Abu Bakr, a book in which is contained every hadith narrated from him. After that they mentioned the companions one by one according to this method. Of these musnads, the one that reached us is the Musnad of Imam Ahmad ibn Hambal.

After this stage comes another stage in which a large treasury is seen before him and the door to the selection of hadith is opened.

At this stage, the two great Imams of As-Sunnah, Abu Abdillah Muhammad bin Isma’il Al-Bukhari Al-Ja’fi who died in 256 AH, and Muslim bin Hajjaj AnNaisaburi who died in 261 AH, compiled their two Sahih books, after carefully narrating and selecting them. The two Sahih books were the pinnacle of hadith writing. Abu Dawud Sulaiman bin Al – A’yasy As Sijistani who died in 279 AH, Abu Isa Muhammad bin Isa Al – Salmi At Turmudzi who died in 279 AH, Abu Abdillah Muhammad bin Yazid Al Qazwini known as Ibn Majah who died in 273 AH, and Abu Abdur Rahman Ahmad bin Shu’aib An Nasa’i who died in 303 AH. Their books are known as kutubus sittah (the six books of hadith). Among the Muslims, these books have gained a high status because the narrators are very reliable, especially Bukhari and Muslim. They were not the only ones who compiled the Sunnah, but there were many others besides them, but it was these six who gained the fame that others did not.

Some of the scholars of this period aspired to discuss the state of the narrators of hadith from the tabi’in and those who came after them. Each of the narrators was characterized by a trait that was either strong in memory, neatness and fairness, or the opposite. These narrators are known as jarh wat ta’dil (censuring and judging narrators). If a narrator is deemed flawed, his hadith is rejected. They differed in this regard. We find among the narrators that there is agreement on their fairness, memory and accuracy, which is the lowest degree. And between these two degrees there are other degrees, some of which are lower than others. With regard to the sanad, some are like the sun in their radiance so that the listener is almost certain of the veracity of the narrators, and some are below that.

The issue of As-Sunnah came to an end in the middle of this period and As-Sunnah became an independent science with specialized scholars discussing it, although they did not translate it into Fiqh and did not have the power to reason from it.

5. Disagreements about Fiqh materials.

During this period there were strong disagreements among the scholars of sharee’ah about the points from which rulings were derived. We will recount the news of this disagreement that reached us, namely:

1. Disagreement about the Sunnah.

In earlier times, the Sunnah was the basis of legal reasoning, to which muftis turned when they could not find any text in the Qur’an. However, due to the length of time and the large number of people who narrated the Sunnah and the spread of false hadiths, this led to many disputes, so that those who wanted to derive rulings encountered a great deal of difficulty in extracting saheeh hadiths – before they got busy understanding the texts and deriving rulings from them. That opens the door to contradiction in two ways, namely:

1). Is the Sunnah one of the basic principles of Islamic jurisprudence that perfects the Qur’an?

2). If we say that the Sunnah is a basis, then what is the way to hold on to it?

Regarding the first punt, it is true that some people reject the entire Sunnah and rely on the Qur’an alone. Ash-Shaafa’i (may Allah have mercy on him) discussed a chapter in the seventh chapter of his book entitled al-Um in :

(The chapter narrates the opinions of those who reject the entire hadith). In that chapter

Ash-Shafi’i. recounted their opinions and proofs, one of whom said: “You are an Arab and the Qur’an was revealed in a language that you are one of them and you are more knowledgeable in preserving it. It contains the obligations revealed by Allah. If anyone doubts that the Qur’an contains a single letter of anything other than Allah, then let him repent.

If he refuses to repent then he should be killed, Allah, the Glorious and Great, says (interpretation of the meaning):

Meaning:

“To explain everything”.

So how can you or anyone else say about something that Allah has enjoined that the fard in it is ‘am, and at times the fard in it is khash, and at times the command (amr) in it is fard, and at times the command (amr) is dilalah and ibahah (permissible). And there is much more that you distinguish from this. You have a hadeeth narrated from a man from another man from another man, or two hadeeths or three hadeeths so that by them you reach the Messenger of Allah (s.a.w.). I have come across you and those who share your opinion, and we have not disassociated ourselves from those whom you have come across, and you have confirmed their truthfulness and memorization. And I did not find any of those whom you met guilty, forgetful or mistaken in their hadeeths, yet I found you saying of not one of them that so-and-so was mistaken in such a hadeeth. And I find you saying: If someone says, then you all make lawful and unlawful with him from specific knowledge where he does not say: this is the Messenger of Allah (s.a.w.) then verily, you are either mistaken or the one who narrates to you, you are either lying or the one who narrates to you, you do not tell him to repent and no more you say to him: “The worst is what you say”. Is it permissible to elaborate on the Qur’an, which is one to the hearer, with hadiths of the nature you mention, and to put their hadiths in the place of the Book of Allah, and to give and forbid them? Then he (the one who rejected the entire Sunnah) said: If you are willing to accept their hadeeths, and there are the issues that you have mentioned in accepting their hadeeths, then what is your proof against the one who rejects them? Then ja said: I do not accept them at all if there is any doubt in them, and I do not accept anything except that which Allah has testified to, as He has testified to His Book, which does not allow anyone to doubt a single letter of it, or to put something in a place that is covered by it, and not by it.”

From the narrative of this opinion and those who argue for it, it appears that the one who holds this opinion only rejects hadiths that do not benefit from knowledge because of the possibility of mistakes and forgetfulness on the part of the narrators, and does not reject the Sunnah if it is truly Sunnah, so that if the Sunnah is valid by means of knowledge, such as the mutawatir Sunnah, he would take it. But it is clear from his rejection of this view that there are those who reject the Sunnah even if it is authentic. And there are others who reject the Sunnah so long as it does not explain the text of the Qur’an where it says:

“In this case humans have two opinions, namely: ..

1. One of these groups does not accept the hadith so long as there is no information in the Qur’an to which the hadith relates. I say: What is it that establishes it? He said: That will lead to a great matter. He said: Whoever comes to what is called prayer, and the least of what is called zakat, has fulfilled the obligation upon himself. In that case there is no time, even if he prays two Rak’ats in each day or in all his days. And he said: What is not found in the Book of Allah is not obligatory upon anyone.

1. Another group said: If something is found in the Qur’an, then the hadith is acceptable in that case. He said that he was close to what the first group said about something that is not found in the Qur’an, so it comes under the heading of what is included in the first group or close to it. He was one of those who accepted the hadith after rejecting it. He did not know nasikh and mansukh, ‘am and khash, and he was mistaken. He said: The error of the two madhhabs is clear. Ash-Shafi’i did not tell us about the person who held this opinion, nor did history tell us about him, but Ash-Shafi’i, in his discussion in the forthcoming chapter of ash-habur ra’yu, explained that the owner of this madhhab was born in Bashrah, and Bashrah was the center of the movement of kalam, and from Bashrah the Mu’tazilah sect was born. It was there that its leaders and writers arose, and they were famous for their opposition to the hadithers. It is likely that the owner of this opinion was from among them.

This suspicion has become strong in my mind, because of what I saw in the book entitled “B: Ta’willi mukhtalifil hadith” by Abu Muhammad Abdullah ibn Muslim ibn Gutaibah who died in 276 AH, in the beginning he says: “May Allah make you happy by obeying Him, keeping you in His shade, helping you with His mercy to the truth, and making you one of the experts. You wrote to me, and you told me something that I know about, namely the criticism, ill-will and blabbering of the kalam scholars against the hadith scholars in their books, in which they were criticized and accused of fabricating and narrating contradictory hadiths, so that there was strife, many religious paths (schools of thought) were formed, and the pillars were broken, and the Muslims became enemies, and some of them disbelieved others.

Each group relies on the hadeeth of the other with similar hadeeths – then some groups correct the hadeeths of others who disagree with them, and then they make scathing remarks against the hadithers with expressions that resemble the Nizham and Jahizh of the mutakallimin scholars. Then, in the second chapter, he mentions his criticism of the mutakallimin and denounces them because they are the ones who have the most disagreements about the so-called knowledge of kiyas and the preparation of tools for thinking. Abul Hudhail Al ‘Alaf disagreed with Nizham, An Najar opposed them and Hisham b. Hakam opposed them, as did Tsumamah b. Asrash and so on. There was not a single one of them but had his own school of religion in which he practiced, and each of them had his own followers. Then ja characterized Nizham and some of his companions with bad words against that opinion. He mentions issues of fiqh that are contrary to consensus, such as his opinion that words of implication do not invalidate divorce even if one is interested in it, and that sleeping in any state does not invalidate wudoo’. The great men of the Sahaabah mentioned something against Nizham. Then ja mentioned Abul Hudzail and gave him a bad name. Likewise, Ubaidillah ibn Hasan the judge of Basra said that every mujahid is right even in matters of usool.

After that he mentions the owners of ra’yu and criticizes them, starting with Imam Abu Haneefah (may Allah have mercy on him), and he mentions some issues that contradict the texts.

Then he talks about Jahizh and mentions his status according to the Sunnah and laughs at some of the things they narrate. Then he mentions the owners of the hadith and describes them as the best of the Muslims. Then ja said: Sometimes the detractors criticize them because they bring da’eef hadeeths and look for the gharib while there is sickness in the gharib. They do not bring da’eef and gharib because they see them as correct, rather they gather the thin and the fat, the healthy and the sick, so that they can distinguish between them, and they point them out and do so.

After that ja mentioned what had been stated in his book, namely the answer to the hadiths that the mutakalimin thought were contradictory or contradicted the Qur’an. From this it is understood that the war of nerves was rampant at that time when Ash-Shafi’i wrote his treatise or before that because of the mutakalimin’s attack on the sunnah. Most of the mutakalimin were in Basrah and some of those who discussed with Ash-Shafi’i were from among them.

This opinion was hidden because of the strength of the hadithers who contested it, and the madhhab that adhered to the Sunnah and its nature as one of the foundations of Islamic rulings after the Qur’an won. But the madhhab differed on the way in which the Sunnah was to be adhered to. Some of them rejected the khash hadeeths, which are hadeeths that were revealed by individual fuqaha, and which do not provide any knowledge.

Ash-Shafi’i replied to those who rejected this view.

It is not permissible for judges and muftis to give fatwas or rulings unless they are cautious, and caution refers to anything that is known to be correct (right) in its claims, both outwardly and inwardly, and to which Allah, may He be glorified and exalted, bears witness, namely the Qur’an and the Sunnah, which are agreed upon by the people, who are not divided about it. All rulings are one and it is obligatory for us not to accept from them except what we say, such as that the Zhuhr is four raka’ahs, because that is what there is no contradiction in, and no Muslim has rejected it, and there is no possibility of anyone having any doubts.

Then he explains his purpose by dividing the knowledge – which is obligatory – into several parts:

1. A hadith narrated by a large number of people from a large number of people whose hadith is testified to by Allah and His Messenger, such as the number of obligatory duties.
2. A book that contains interpretation, in which there is disagreement. If there is a dispute, then the letter and the spirit are to be used, and the spirit is not to be turned to the spirit forever, even if it contains it, except by consensus of the people. If there is a difference of opinion, then the text is to be used.

3. Something that the Muslims have agreed upon, and that they narrated from those who came before them, even if they did not say it in the Qur’an or the Hadith. In my view, this takes the place of the agreed Sunnah. And their agreement is not an opinion, because there are differences of opinion.

4. It is a specific hadeeth, and it does not serve as a basis for proof even if it is narrated in a way that is safe from error. The result of this view is that it is attributed to the Sunnah that it becomes proof if it is mutawatir and narrated by a large number of people from a large number of people so that it is safe from error. This view has been discarded by the majority of Muslims as well. Some people say: “The hadeeth of the Messenger of Allah (s.a.w.) is only accepted if it is the hadeeth of a large number of people (‘ammah), or the fuqaha of the great nations agree to follow it, and he adds to the one who preceded him a third aspect with his words : If a Sahabah narrates a ruling from the Messenger of Allah (peace and blessings of Allah be upon him) that he ruled on, and others do not disagree with him, then we rely on two things:

1. It happened in their group.
2. That they did not reject it with a contradictory hadeeth is only because they knew that it was as it was told to them, hence it is a report of the masses (‘ammah).

This was the view of the Iraqi fuqaha, Abu Hanifah and his companions. This definition has been explained by the great imam Abu Yusuf in the following chapter 

(the section on horse riders and pedestrians) from his book which he compiled in criticizing the travels of Al Auza’i. Ash-Shafi’i narrated in Al Um saying: Be careful of the hadeeths that are known to the masses and fear the hadeeths that deviate from them, for indeed Ibn Abi Karimah narrated to us from Abu Ja’far from the Messenger of Allah (peace and blessings of Allah be upon him) that he called the Jews and they narrated to him so that they would lie about him. So the Prophet took the pulpit and addressed the people and said:

Meaning:

Verily, the hadith will be transmitted from me, so the hadith that reaches you and agrees with the Qur’an is from me, and the hadith that reaches you and contradicts the Qur’an is not from me.

Mas’ar bin Kidam and Hasan bin Imarah narrated to us from Amr bin Cheap from Bukhturi from Ali bin Abu Talib r.a. that he said: “When a hadith reaches you from the Messenger of Allah (s.a.w.) then they assume that he is the most guiding, he is the one who makes piety and he is the most alive”. Ash’ats bin Siwar and Isma’ilbin Abu Khalid from Tsa’bi from Gurzhah bin Ka’ab Al Anshari that he said: I went with a group of Ansar to Kufa, and Umar ibn Khatab r.a. accompanied us where he walked until we arrived at the place he had mentioned. Then he said: “Do you know why I am traveling with you, O group of Ansar?” They said: “Yes, we were followed”. He said: “Indeed, you have the right, but you have come to a people who recite the Qur’an like the buzzing of bees, so narrate less from the Messenger of Allah (s.a.w), and I am your ally.”

Qurzhah said: “I do not narrate from the Messenger of Allah (s.a.w.) forever”. Umar’s situation, according to the news that reached us, was that he did not accept the hadith of the Messenger of Allah (s.a.w.) except with two witnesses. Had it not been for the length of my writing, I would have transmitted the hadith to you.”

‘Ali ibn Abu Talib did not receive any hadith from the Messenger of Allah. And the narrations increased and out of them came hadeeths that were not recognized by the fuqaha’ and were not in accordance with the Qur’an and Sunnah, so fear the shadz (distorted) hadeeths, and hold on to the hadeeths narrated by the jama’ah and the hadeeths recognized by the fuqaha, and relate anything to them, and whatever is contrary to the Qur’an is not from the Messenger of Allah (s.a.w.) even if a narration comes.

A trustworthy person narrated to us from the Messenger of Allah (s.a.w.) that he said during an illness from which he died:

Meaning:

Indeed, I forbid what the Qur’an forbids.

By Allah, they do not hold anything against it, so take the Qur’an and the well-known Sunnah as your imams and guides, and follow them, and interpret what reaches you from what is not clear to you in the Qur’an and Sunnah. Ash-Shaafa’i (may Allah have mercy on him) spoke about this opinion and rejected it, while the majority of the hadith scholars disagreed with him. There is a third view taken by Maalik and his companions, in which they said: “The Sunnah is firm in two respects: Firstly, we find the imams (leaders) of the Prophet’s companions (peace and blessings of Allaah be upon him) saying what is in accordance with the Sunnah (this is what Maalik said, which is something that is agreed upon among us) and we reject it if we do not find the opinion of the imams in this regard, and we find that people differ in this regard.” The interpretation of the hadith on his part is something that the people of Madinah practiced and they agreed upon it. Malik (may Allah have mercy on him) gave the actions of the people of Madinah and the consensus of the fuqaha’ more attention than he thought was warranted for believing the hadeeth,

Ash-Shafi’i criticized this madhhab at length, both in terms of its principles and its application. I would like to mention here a letter written by one of the fuqaha of his time – in fact, the greatest of the fuqaha of the world in terms of knowledge and kindness – Al-Laits ibn Sa’id, an Egyptian jurist, to his brother Malik ibn Anas, explaining to him what he had taken from his madhhab in terms of its reliance on the deeds of the people of Madinah. The letter was a reply to a letter written by Malik to him, but we did not know about it, and we learned about it in A’lamul muwaqqi’in by Abu Abdillah Muhammad ibn Abu Bakr, known as Ibn al-Qayim al-Jauziyah, which was quoted from At Tarikh wal Ma’rifah by Abu Yusuf Ya’gub ibn Sufyan al-Fasawi. Al Laits (may Allah have mercy on him) said:

May salvation be upon you. Indeed, I praise Allah, of whom there is no god but He. Furthermore, may Allah forgive us and you and improve our lot in this world and the next. Your letter has reached me in which you mention your good situation which pleases me. May Allah preserve it for you and perfect it by helping you to be grateful for it and to increase its goodness. I reminded you of your views and stance in the letter that was sent to me, and you stamped it with your ring and all of it has reached us. May Allah reward you for what you have said with good. Indeed, that letter is the one that reached us from you, so I am happy to reach the truth with your views on the matter. And I mentioned that what I wrote to you made you swift in implementing what reached me from you until I started with advice. I hope that this has a place in my heart. This does not bring you down, and your opinion is good in our eyes, but I do not remember reminding you of this. Indeed it has come to your attention that I am giving people a fatwa that contradicts what a group of people on your side hold. And indeed I have a right to fear for myself to uphold those who have gone before me about which I have given a fatwa. And indeed people follow the people of Madinah, which was the place of migration and where the Qur’an was revealed.

I have been correct in what I have written about these matters, in sha Allah, and I am in the place that you are pleased with. I have not found anyone who is involved in this field of knowledge who is more averse to fatwas that are false and more favorable to the scholars of Madinah who have passed away. And I do not take their fatwas on anything that they agree with me on. Praise be to Allah, the Lord of the universe, for whom there is no partner. With regard to what you mentioned about the Prophet’s (peace and blessings of Allaah be upon him) stay in Madinah, the Qur’an being revealed to him there in the presence of the Companions, and what Allaah taught them, as you have mentioned. As for what you mentioned of the words of Allah:

Meaning:

Those who were first among the Muhajirin and Anshar and those who followed them well, Allah was pleased with them and they were pleased with Allah, and Allah prepared for them Paradise with rivers flowing beneath it, and they will remain therein forever, and that is a great victory.

Many of the assabigunal awwalun went out for jihad in the way of Allah to seek Allah’s pleasure. They gathered armies and people gathered to them. They expounded the Book of Allah and the Sunnah of His Prophet in their midst and they did not omit the Sunnah that they knew. In every army there was a group of people who knew the Book of Allah and the Sunnah of His Prophet and they judged with ra’yu in matters not explained by the Qur’an and Sunnah. The most prominent among them were Abu Bakr, Umar and Usman who had been chosen by the Muslims. The three of them neither wasted nor neglected the Muslim army, rather they wrote down easy matters to uphold the religion and guard against any difference of opinion in the Book of Allah and the Sunnah of His Prophet. They taught each other what was explained in the Qur’an or practiced by the Prophet (peace be upon him), and they deliberated on it. If there is a matter that the Companions of the Prophet (peace and blessings of Allaah be upon him) practiced in Egypt, the Levant and Iraq during the time of Abu Bakr, ‘Umar and ‘Uthman, and they practiced it until they died, and they did not instruct others to do so, then we do not see that it is permissible for the Muslims of today to talk about matters that were not practiced by the Salaf, i.e. the Companions of the Prophet (peace and blessings of Allaah be upon him) and the Taabi’een, and that after his death the Companions differed in their opinions on some matters. Had it not been for the fact that I knew that you already knew about it, I would not have written it to you. Then the tabi’in after the Prophet’s companions, namely Sa’id ibn Musayab and those like him, differed greatly in their opinions on some matters. Then those who came after them differed. They were in Madinah and elsewhere and their leaders at that time were Ibn Shihab and Rabi’ah in some of the past as I know, I attended and I heard you say in that regard, and the opinions of those who used ra’yu from the people of Madinah, namely Yahya bin Sa’id, Ubaidullah bin Umar, Katsir bin Farqad and people other than them, many of whom were older than him, so that they forced you with something that you hated to leave the assembly. And I reminded you and ‘Abdullāh ibn ‘Abdullāh of some of what you said to Rabi’ah, so you are both among those who agree in something that I deny, and you both hate what I hate. In addition, praise be to Allah, Rabi’ah has much goodness, a good mind, an eloquent tongue, clear virtues, a good path in Islam and love for the truth. May Allah’s mercy be upon her brothers in general and us in particular. May Allah forgive him and reward him well. Abu Shihab had many different opinions when we met him, and if some of us had written to him, he might have written to us about one matter on the merits of his opinion and knowledge in three ways, some of which undermined others, and he did not know the opinions of those who had gone before him. This is what prompted me to abandon what I denied. I also knew the disgrace of my denial of him, which was that one of the Muslim soldiers offered two prayers together on a rainy night, while the rain in the Levant was more than the rain in Madinah, the amount of which is known only to Allah. None of them ever prayed on a rainy night, and among them were Abu Ubaidah Al Jarah, Khalid bin Walid, Yazid bin Abu Suf. yan, Amr bin Ash and Muadz bin Jabal, and it has reached us that the Messenger of Allah said:

Meaning:

The smartest person of all of you regarding halal and haram is Mu’adz bin Jabal. On the Day of Judgment Muadz bin Jabal will come one step ahead of the scholars, as will Surahbil bin Hasanah, Abu Darda’ and Bilal bin Rabah,

In Egypt Abu Dhar, Zubair b. Awam and Sa’d b. Abu Waqash. In Hamash seventy men from the people of Badr and the entire Muslim army. In Iraq Ibn Mas’ud, Hudhayfah ibn Yemen and Imran ibn Hushain were stationed by Amirul mu’minin ‘Ali ibn Abu Talib (peace be upon him) for a number of years, and were with him from the companions of the Messenger of Allah (peace be upon him), so they did not reconcile Maghrib and ‘Isha'”. Part of that is deciding with one witness and swearing by the name of Allah. I know that the Prophet used to judge in Madinah by it, and his companions in Sham, Hamash, Egypt and Iraq did not judge by it, and the Khulafaur Rashidin (Abu Bakr, ‘Umar, ‘Usman and ‘Ali) did not require it. Then ‘Umar ibn ‘Abd al-‘Aziz ruled, and as far as I know, he revived the Sunnah of the Prophet, was keen on upholding the religion, and confirmed ra’yu and knowledge in the affairs of the people. Razig bin Hakam wrote to him that you in Madinah always judge by the testimony of a witness and swear by the name of Allah, so he wrote to him that we in Madinah always judge in this way. And we found that the people of the Levant do not do so, so do not judge except by the testimony of two just men or one man and two women. And he never put Maghrib and ‘Isha’ together on a rainy night when it was raining in his house in Khunashirah where he lived. Part of it is that the people of Madinah decided about the woman’s dowry that whenever the woman wants to delay her dowry and she talks about it, the man gives her the dowry. The people of Iraq agreed with the people of Madinah in this, as did the people of Sham and Egypt, and they did not decide from the companions of the Messenger of Allah (peace and blessings of Allaah be upon him) and those who followed them that a woman should delay her dowry, unless the two are separated by death or divorce, then the woman retains her right. Part of this is that they said that ila’ does not constitute a thalak (divorce) for her, so she waits even if four months pass. Nafi’ narrated to me from ‘Abdullāh ibn ‘Umar, who narrated that the waiting after four months is the ila’ mentioned by Allāh in His book, that it is not permissible for the one who has ila’ when the time has expired unless he returns as Allāh has commanded or he intends to divorce her. And you say that if she remains silent after the number of months mentioned by Allah in His Book and does not make a decision, this does not constitute divorce. It has reached us that ‘Uthman ibn Affan, Zayd ibn Tsabit, Qabishah ibn Dhuaib and Abu Salmah ibn Abdur Rahman ibn Auf said concerning ila’ that if four months pass, the wife is divorced bain. Sa’id bin Musayab, Abu Bakr bin Abdur Rahman bin Harith bin Hisham and Ibn Shihab said: “If four months have passed, the wife is divorced and the man may return to her during her ‘iddah”,

Part of it is that Zayd ibn Tsabit said: “If a man takes possession of his wife and she chooses her husband, then she has been divorced, and if she divorces herself three times, then she is divorced.” Abdul Malik ibn Marwan and Rabi’ah ibn Abdur Rahman ruled in this way and said: People are almost unanimously agreed that if a woman chooses her husband, her husband’s divorce does not fall. If she chooses herself once or twice then she may be reconciled by him. If she divorces herself three times, then she is divorced from her husband and she is not permissible for him until she marries another man and has intercourse with him, then he dies or divorces her, unless he revokes her in his presence, and she says: I only have you once, then the man takes an oath and is released between the man and his wife.

Part of it is that ‘Abdullāh ibn Mas’ud said: “Any man who marries an amat (female slave) and then buys her, then his purchase of her is a triple divorce”; and Rabi’ah also said: “If a free woman marries a slave and then buys her, then that is the same thing”. Some of your fatwas have reached us that we do not like, and I wrote to you about some of them and you did not write back, so I feared that you might object to that, so I did not write to you about something that I denied and something that you said in your opinion. That is because it has come to my attention that you told Zufar ibn ‘Ashim al-Hilali, when he was about to pray istisga’, to give precedence to the prayer over the khutbah, so I object to that, because the khutbah in istisga’ prayer is like the khutbah on Friday, except that when the imam is about to finish his khutbah, he makes du’a, removes his shawl, then comes down from the pulpit and prays. Umar bin Abdul Aziz, Abu Bakr Muhammad bin Amr bin Hazm and others had prayed istisga’ with the khutbah and prayer before the prayer. So all the people were excited about this action of Zufar bin ‘Ashim, and they denied it. Part of it is that it has reached me that you said about two people who are partners in property that zakaah is not due on both of them until each of them has property that is subject to zakaah, whereas in the letter of ‘Umar ibn al-Khattab it is obligatory to pay zakaah on both of them, and both are required equally. That was done by the regional mastermind ‘Umar ibn ‘Abdul Aziz before you and by others. The one who narrated it to us was Yahya ibn Sa’id, and he was not lower than the leading scholars of his time, may Allah have mercy on him, forgive him and make Paradise his home. Some of them said that it has reached me that you said: “If a man becomes insolvent and another man sells part of it, that is, he takes what is available of the merchandise, and the people are of the view that if the seller of the merchandise claims a little of its price or the buyer spends a little of it, then it is not the merchandise itself.

Some of you then mention that the Prophet only gave Zubayr ibn Awam one horse, while the rest of the people narrate that he gave him four shares for two horses and he forbade him from the third.

The entire ummah in this hadeeth, namely the people of the Levant, Egypt, Iraq and the people of Africa, do not differ from each other in any way, so it is not permissible for you, even if you heard it from a man who is approved, to differ from the entire ummah. I have left behind many things like this, and I am happy that you will be helped by Allah and that you will live long because of what I wish for people in terms of benefit, and I fear that there will be no one like you, and I am satisfied with your position. Although your home is far away, your position is close to my side, and my gaze is fixed on you, so be sure of that. Do not forget to write to me about your kindness, your situation, your children and family, and the needs that you or someone else has, for then I will be pleased.

As I write to you in good health, good health and all praise be to Allah. We ask Allah to bless us and you and we are grateful for what is granted to us and the perfection of what is denied to us. May Allah’s safety and mercy remain upon you.

Indeed we wanted to spread this letter before you as a prime example of literary criticism, for we did not see anyone who completed a more literary and good dissent than this, perhaps in our ancestors there is a good example for us.

As for the Shi’ah, they believe in a hadith when it comes from the path of their imams or those who agree with them, and they abandon anything beyond that because those who do not appoint ‘Ali as caliph are not considered trustworthy.

The Khawarij group restricted the hadith to the sahabah whom they appointed as their leaders. The hadiths among them are those that came out to the people before the Fitnah. As for afterwards, they discarded the entire jumhur and opposed it because the jumhur followed the unjust imams in their opinion. As for the view held by the majority of the hadith scholars, of whom Ash-Shafi’i was the leader, that the trustworthiness of a hadeeth is achieved by the narration of a just person from a similar person, so that the hadeeth reaches the Messenger of Allah, even if the narrator is only one, and they do not make any other conditions. From this it follows that there is a great deal of disagreement in determining the value of a narrated hadeeth. Sometimes we find Hanafi accepting a hadeeth because it is well-known, and Ash-Shafi’i rejecting it because of its weak chain of transmission. You find Maliki rejecting the hadeeth because it differs from him in practice, and Ash-Shafi’i rejecting it because of its strong chain of transmission. When the stage of the scholars of hadith, the supporters of the madhhab and its critics came, they did not delve into these points taken by their imams, and they began to oppose their enemies by disputing any hadith that had a valid chain of transmission even if it did not meet the conditions required by its critics. Likewise, we find them trying hard to weaken any hadeeth that was not taken by their imams by criticizing its sanad or other places of retrieval, when it is easy to say that their imams did not take this hadeeth because it did not fulfill the conditions that the imam used as the basis for adopting the hadeeth. And many things will come before you from it.

1. Conflicts over qiyas, ra’yu and istihsan.

When the Sahabah and the Taabi’een could not find a text in the Book of Allah or in the Sunnah of His Prophet, they resorted to what they called ra’yu, which is their fatwa on the ruling based on the general principles of religion, such as the words of the Prophet (peace and blessings of Allaah be upon him):

Meaning:

It does not impose a burden and is not imposed.

Meaning:

Leave what is doubtful to you for what is not doubtful to you. And they do not refer to the specific point on which they are equating the event on which they are giving a fatwa, such as ‘Umar’s ruling on Muhammad ibn Salmah to continue his neighbor’s waterway on his land because it was beneficial to his neighbor and did not harm him, so he relates the fatwa to the general point of permitting what is beneficial and forbidding what is harmful, and he does not refer to it as kiyas on a specific point. This opinion, when extended, causes harm, because it sometimes leads to the abandonment of many Sunnahs, especially if the one who holds it has not investigated the Sunnahs of the Prophet. And it is not easy for a jurist who lives in a large country to find out about the hadeeths that are available from the scholars who are scattered throughout the Islamic world. If some people give fatwas based on ra’yu, then they are not safe from giving a fatwa that contradicts a hadeeth that they have not memorized, while others have memorized it. The fuqaha’ sensed this danger, so they decided to narrow down the scope of ra’yu, and they stipulated that what is based on ra’yu should have a specific subject to which the fatwa should refer. This is either the Qur’an or the Sunnah. This is kiyas, which is considered by the fuqaha to be one of the main points (bases) of legal development after the Qur’an and Sunnah. The Iraqi fuqaha have an advantage, except that most of them abandoned kiyas towards something called istihsan. Muhammad ibn Hasan in Al Mabsuth said many times: “‘I do istihsan and leave kiyas'”. Sometimes the istihsan goes back to a report that contradicts the ruling of kiyas or back to a principle that is ‘am’. This is what used to be called ra’yu. And we would like to put before the reader a description to distinguish the position of the hadithers and the position of the ra’yu, namely: The hadith scholars accept the Sunnah as the completion of the Qur’an, and regard it as the texts to which Muslims are obliged to turn, without looking at the reasons behind the rulings, nor at the ‘am points to which the mujtahids turn, nor at the khash points with their different chapters. They are the leterliyk jurists. That is why we see that if they do not find a text in a particular case, then they are silent and do not have taqwa.

As for the scholars of ra’yu and kiyas, they regard shari’ah in its logical sense, and they regard it as the ‘am’ origin of what is stated in the Qur’an and confirmed by the Sunnah, and they regard it as such in every chapter of the chapters of fiqh. They take these principles from the Qur’an and Sunnah, and they return to them for all the issues that are dealt with in this chapter. If there is no text, then they attribute the Sunnah like the early generations whenever they believed in its authenticity, but they do not narrate it because they believe in the principles that are available to them, and because they think that the Sunnah is as described above. If they see a Sunnah that contradicts these principles, but is saheeh according to them, then they do not refrain from following it. This they call istihsan. And once upon a time they abandoned kiyas on a particular point about a chapter for a ‘am point, and they also called it istihsan. The one who examines the issues that the fuqaha’ who speak of kiyas have based their reasoning on is the majority who think that Abu Haneefah and his companions, even though they called it “we did istihsar”, were in agreement with all the fuqaha’ in the sense of istihsan. Malik (may Allah have mercy on him) has made maslahah mursalah nothing but a kind of istihsan. And some issues will pass by you in the different madhhabs whose basis is this istihsan.

For those who use kiyas and istihsan, there have been righteous scholars from among the sahabah such as ‘Umar in the first period, Ibn ‘Abbas in the second period and Rabi’ah An Nakha’i from among the tabi’in.

During this period there was a strong conflict between the scholars of ra’yu, which included kiyas and istihsan on one side, and between the scholars of kiyas and istihsan on the other. There was a war of nerves between the scholars of ra’yu and the hadith scholars, and the mutakalimin in their opposition to these two groups. We have mentioned the thinking of the hadith scholars. in: the development of the law. The Mutakalimin were of the opinion that the Shari’a is a matter of worship (ta’abbud), and there is no place for thought or kiyas. Anything that is valid from the creator of sharee’ah that there is no doubt about is obligatory to be practiced. They agree with the hadithers on the idea of worship alone, and they differ with the hadithers on considering the Sunnah as one of the basic principles of Islamic law.

Each group presents its proofs, and we see many words of ridicule of the ra’yu coming from the hadithers and mutakalimin, but the spirit that fills these two groups is different. The hadithers are of the view that sharee’ah is superior to the opinions of the people of God, because sharee’ah is from Allah, the Qur’an and the Sunnah, which are free from error and disagreement. Ra’yu, on the other hand, is from mankind, and it is subject to error and error, as well as differences of opinion and divisions. And we are forbidden from these two things.

The mutakalimin said that the Shari’ah collects the differences of opinion and arranges the rulings and distinguishes between the vague (mutasyabihat), so that the rulings differ, and they bring in the rulings and say that such an opinion is that the Shari’ah is not a field for reasoning.

The best exposition that we have seen in defense of kiyas, and regard it as a proof of Shara’, is that of Imam Muhammad ibn Idris, which we read in Risalah ushul and Al Um. And the best description we have seen of rejecting kiyas is that written by Dawud ibn ‘Ali, the Imam of the zhahiris, who lived in the middle of the third century AH, and established his madhhab on the basis of taking the texts of the Qur’an and Sunnah at face value, and rejecting kiyas outright. Most of the famous fuqaha at that time were of the opinion that kiyas was one of the main points in the development of the law, although the earliest opinion was expressed by Abu Hanifah and his companions. Therefore, they became known as the owners of ra’yu. As for istihsan, Muhammad ibn Idris Ash-Shafi’i has attacked it in Ar Risalah. In the seventh volume of Al Um he said in conclusion: “It is not permissible for a judge or mufti to judge and issue a fatwa except on the basis of a proven report, which is the Qur’an and then the Sunnah, or the opinion of scholars, with whom there is no disagreement, or by analogy with some of these. It is not permissible for him to judge and give a ruling based on istihsan, because istihsan is not obligatory and does not come under any of these headings. Allah, may He be exalted, says (interpretation of the meaning):

Meaning:

Does man think that he will be left alone (without accountability)?

The scholars do not differ concerning the Qur’an in the sense that I know that being left alone is something that is neither commanded nor forbidden, and whoever gives a fatwa or ruling on something that is not commanded has allowed himself to be left alone, and Allah has told him that He does not leave things alone. And he is of the opinion that if he says: I say what I want, and he accuses what the Qur’an has revealed of being different from that opinion and from the Sunnah, then he is going against the way of those who narrated it from the people of knowledge. Then he said: Whoever says: “I do not rely on the commands of Allah or the commands of His Messenger (peace and blessings of Allah be upon him),” then what he says is not accepted by Allah or the Messenger, and he is not seeking the ruling of Allah and His Messenger in his opinion. The fault is clear with the one who says this, because he has said: “I said and did something that he did not command or forbid, and I did not give an example of something that he commanded or forbade, and Allah, may He be glorified and exalted, has decreed something different from what he said.” He is simply allowing a person to be one of those who do not believe what he says. He only allows a person to be a worshipper.” Then he said: Whoever makes it permissible to issue a ruling or give a fatwa without a definite report or without proof, then his proof is defeated by the meaning of his words. I do what I want, even if I am not commanded to do so, because that is contrary to the meaning of the Qur’an and Sunnah. So his proof is defeated by the meaning of his words, and the meaning of something that I do not know is contradictory. If it is said: “What is that?” It is said: “I do not know of any of the scholars granting a person from among the scholars of intellect and literature the right to give a fatwa and decide a ruling on his own, if he is not knowledgeable about something that relates to the Qur’an, Sunnah, consensus and reasoning, in order to specify something that is similar (musytabih)”. When they suspect this it is said to them: “Why is it not permissible for the scholars of reason, many of whom are more knowledgeable than the scholars of the Qur’aan, Sunnah and fatwas, to have an opinion on something that has been revealed and on which they are practicing together, in the absence of a text from the Qur’aan, Sunnah or consensus, and they are more sophisticated in their reasoning and better informed in what they say than the common people among you?” If it is said: “They are ignorant of matters”. It is said to you: “What proof do you have that you know the points, when you speak without the points and without relating them to the points?” Do you fear the reasoners who do not know the points more than they do not know the points, so it is not good for them to make an analogy with something they do not know?” Is knowledge of the subject matter sufficient to make an analogy with it or is it permissible for you to leave it out?” If it is permissible for you to leave it out, then it is permissible for them to argue with you, because most of them fear that they will die by making an analogy with it or that they will be mistaken, from what I know of them Ahmad is the most correct. If they say something without an example from you, then if someone praises something without an example, because they do not know examples, then they should leave it out, and I am making excuses for your mistakes, and they are mistaken about something that they do not know, and I know that you are more sinful than they are, because you know kiyas according to what you know. When you say: “We abandoned kiyas on the basis of knowing the points”. Then it is said: “If the kiyas are correct, then you all know the truth consciously. There is a sin in that which, if you do not know it, does not make you experts in discussing knowledge. If you think that there is room for you to abandon kiyas, and the words that come to your mind and are present in your heart and that your ears perceive as good, then you should rely on the Qur’aan and Sunnah that we have described, and what is indicated by consensus that no one can say except by means of knowledge. Then he said: “If the judge or the mufti speaks about a matter for which there is no hadith or kiyas,” and he says: I will do ijtihaad, then it must be assumed that it is permissible for someone else to do ijtihaad differently from him, so every judge and mufti in every country says what he ijtihaad, so that a matter may have various rulings and fatwas. If this is permissible according to them, then they are really neglecting themselves and ruling as they wish, even if it is narrow, so it is not permissible for them to enter into it. If those who regard kiyas from among them say: “It is even obligatory for people to follow what I say”. Then it is said to him: “Who told you that it is obligatory for people to follow you, or you say that if someone accuses you, do you obey him, or do you say: I only obey those whom I am commanded to obey, and there is no obedience to anyone, but only to those whom Allah or His Messenger has commanded me to obey, and Allah and His Messenger have indicated this by means of texts or proofs”,

Ash-Shafi’i (may Allah have mercy on him) speaks as if he is thinking of what Muham. mad ibn Hasan said: “I do istihsan and abandon kiyas.” Abu Haneefah does istihsan and abandons kiyas, and puts them in the place of those who say that without examples, just because it comes from guesses and strokes of the heart. But people interpreted the opinions of Muhammad ibn Hasan and what was understood from the middle of his words as indicating that istihsan according to them is only abandoning kiyas on a certain point because of an atsar that comes or returns to a certain point. And Ash-Shafi’i himself said, in explaining the difference of opinion among those who use kiyas, that sometimes there is an event that is possible to apply kiyas to, but it contains two similarities to two subjects. Some people are of one opinion and some people are of another opinion, so they differ. The Iraqi view of istihsan is that it is only applying one issue to another that is unique or ‘am, and it is not a matter of passion, so there is only one word and it is easy.

Ash-Shafi’i, in his letter in response to Muhammad ibn Hasan, explained that the main point that Muhammad ibn Hasan held in fiqh is that nothing is said in fiqh except by means of a valid report or kiyas.

In conclusion, the principle of taking kiyas as a basis for legal development won a great victory in this period, although the fuqaha were not equal in using it for reasoning. The Hanafis were the most far-reaching and pervasive in their approach to kiyas, while the Shafi’is were the most moderate of the two groups. Some hadith scholars and Shi’ah shunned kiyas and the Zhahiriyah went too far in rejecting it.

1. Controversy about ijma’.

Some of what is circulating among the fuqaha’ is their ijma’ (consensus) on some issues, which they use as evidence that it is agreed upon, so they regard it as one of the main points of religion. This is valid in the same way that the Qur’an and Sunnah make it impermissible to leave the community. They say that this is not what is meant by just making things permissible and forbidding. Ash-Shaafa’i argues that this is not the case, and that it only means that it is forbidden and unlawful:

Meaning:

And whoever opposes the Messenger after the truth has become clear to him, and follows a way that is not the way of the mu’min, We will leave him to his own misguidance, and We will put him in Jahanam, and Jahanam is the worst of places.

He said that following other than the way of the mu’min is going against consensus. But when he defends his opinion, there is an exchange of views with those who disagree with him, and he denies that there is any consensus except with regard to obligatory matters that everyone must know, such as prayer, zakaah and forbidding prohibited items. With regard to specific knowledge that not knowing it does not impose a hardship on the general public, we say that there is one of two opinions: We say that we do not know that they differed on something that we do not know. We say that we do not know that they differed on something that we do not know, and we say that they differed on something about which they differed and made ijtihaad. So we take the words of those who are closest to the Qur’an or the Sunnah, even if there is no evidence from either of them, and that is rarely the case unless there is evidence or the best opinion according to the scholars in taking action and resolving it. If they differed, as we have described, then it is correct for us to say that these words were narrated from a group of people who differed, so we take the words of three people instead of two, or four people instead of three, and we do not say: “This is consensus”, because consensus is the verdict of a person who did not speak from a person who we do not know what he would have said had he spoken, and claiming consensus sometimes means that there are people who oppose the opinion that is said to be consensus.

And he asked a question relating to the personalities of the mujtahids to a discussant, then he said to him: “‘Who are the scholars who, when they agree, establish the proof because of their agreement?”. He said to them: “‘They are those who are recognized as experts in Fiqh by the people of their country, they are satisfied with their words and accept their rulings.” So he discussed the matter at length. Then he said: “I have said that I found the fuqaha scattered in many lands, and I found each group of them holding discussions that ended in his words, and placing them in the place that I have identified, are they among the fuqaha, who are incomplete fuqaha, so they gather together, or are they outside the fuqaha?”

Then he was asked another question about quoting consensus. He said: “What do you think about the fact that the proof is only that which is agreed upon by the fuqaha throughout the country, and have you found a way to gather them all together, and the proof is not available to one person until he meets all the fuqaha, or is quoted by a large number of them?” He said: “‘This is not available’.” I said: “If you accept their specific narrations, then you have accepted something that you criticize. If you do not accept each individual “except by special narration then you have found in your words something that is agreed upon by other countries. If we do not accept specific narration, it is because there is no way to start with them, because they did not gather to you in one place and you did not get news from them by means of the narration of the people.”

The apparent meaning is that ash-Shaafa’i (may Allah have mercy on him) denied the existence of consensus in its full sense. That is because it depends on the mujtahids of a certain period being known to each other and everyone being familiar with them, and on each of them having an opinion on a matter on which there is a fatwa, and on the fact that this opinion was quoted from them by a group of people who are not liars or mistaken, and this only applies to what is called general knowledge, such as knowing that the obligatory prayers are five, that the Fajr prayer is two Rak’ahs and the like. As for what is called specialized knowledge, you will find very few issues on which it is easy to say that the mujtahids are unanimous in their answers. Hence it was narrated from Imam Ahmad (may Allah have mercy on him): Whoever claims that there is consensus is lying.” In the case of Ash-Shaafa’i, he denied the existence of ijma’, but he said that ijma’ is a proof in religion, i.e. he quoted the rulings of the salaf, and he did not know that they differed on it, as if the disagreement was in expressing the proof, not in the proof itself.

The Hanafis, for the most part, mentioned sukuti consensus, which means that one person responds and the other person remains silent, but we think that they did so in order to corroborate the hadeeth, as explained in the previous section on the Sunnah, which states that leaving out a contradiction is agreeing to the validity of the hadeeth, so the hadeeth becomes the hadeeth of the people, because if they had a contradictory hadeeth they would not have remained silent and rejected it.

And Malik (may Allah have mercy on him) said: “Ijma’ is something that is agreed upon among us”. He said this as a way of corroborating the hadeeth mentioned above. The point is that if there is no Qur’an or Sunnah in a particular case, and there is a fatwa from the salaf, and it is not known that any of them disagreed, then the majority of fuqaha’ regard it as evidence in religion. That is because their agreement is not opinion, because opinion is what it is when it is fragmentary. In essence, it is a matter of following the Sunnah and taking what is already there, i.e., the absence of contradiction, as evidence for the existence of the Sunnah to which the fatwa refers. This is something that very few scholars have agreed upon.

1. Contradictions’ in major issues revolving around burdens (taklif).

All obligations (taklif) are based on two words: “‘Do, and do not”. The first is called the command and the second is called the prohibition. In the Qur’an there are commands and prohibitions, and in the Sunnah there are commands and prohibitions. What indicates that commands and prohibitions are certain, so that what is enjoined becomes obligatory and what is prohibited becomes forbidden, or are commands and prohibitions something other than that, so that there is other evidence that indicates certainty? If it is said that the commands and prohibitions are certain, then if what is commanded relates to other matters such as worship or mu’amalah, then does not doing it invalidate something related to it, and how much does it invalidate it? Likewise, if what is forbidden relates to something else, does doing it have any effect on that something, and what is the extent of this effect?” We would like to cite examples that clarify the meaning of this matter. Allah Ta’ala says:

Meaning:

O you who believe, let the slaves (male and female) whom you own, and those who have not reached puberty among you, ask your permission three times.

This command to ask permission is not connected to anything else. Allah says:

Meaning:

O you who believe, when you go to prayer, wash your faces. This command of ablution is related to prayer.

Allah said.

Meaning:

– Day of those who believe, when you do business not in cash for a specified time, you should write it down.

This command to write is a means to an end, namely that debts be preserved. Allah said:

Meaning:

Day of the Prophet, when you divorce your wives, divorce them so that they may observe their (reasonable) iddah.

The command to maintain the beginning of the iddah in divorce is an intermediary to a goal, namely divorce, so that divorce does not cause harm to the divorced woman.

Can it be said that everything that Allah commands is certain, and if it is connected to something else, it is also certain, i.e. if it is left out, it has an effect on that which is connected to it, such that prayer is invalid without wudhu, debt is invalid if the accusation is not accepted without the debt being recorded, and divorce is invalid if the woman is menstruating?

Allah Ta’ala says:

Meaning:

And you shall not kill a soul which Allah has forbidden, except with a just cause. The forbidden killing is not connected to anything else.

Allah said:

Meaning:

O you who believe, do not pray while you are drunk, so that you understand what you are saying.

The drunken person’s approach to prayer is linked to the prayer so that the prayer takes its place in the call to Allah.

Allah said:

Meaning:

O you who believe, when the call to prayer is given on Friday, hasten to the remembrance of Allah and give up buying and selling.

Buying and selling that is prohibited only for the purpose of maintaining prayer.

Allah said:

Meaning:

And if you want to change your wives for other wives, and you have given to one of them much wealth, then do not take back from her anything. Will you take it back by way of a false accusation and by (bearing) a manifest sin.

Taking something that is forbidden is connected to divorce. And is it said that everything that is forbidden is certain. And if it is connected to something else, then it is forbidden, and the thing that is connected to it is affected, and what is the extent of this effect? Does canceling it one time only reduce it? So it is said that buying and selling after the adhan is heard, and taking property from a divorced woman is haraam. What is the extent of the effect of praying if one prays while intoxicated, buying and selling after the adhaan and neglecting to pray, and divorce if one is able to take property?

This is also the case with the commands – and prohibitions – of the Sunnah. Is all that is commanded and forbidden certain, and what is the extent of the effect of contradicting something that relates to it?

This issue is important because, as we have said, it is a principle of legal guidance on which there is no consensus among the fuqaha of this period, and they even differed on many points and details.

Ash-Shaafa’i (may Allah have mercy on him) said in the fifth volume of al-Um: “The command (amar) in the Qur’an, Sunnah and human speech has several meanings:

(One of them is that Allah, may He be glorified and exalted, forbids something and then makes it permissible. So His command is to make lawful that which has been forbidden, as Allah, may He be glorified and exalted, says (interpretation of the meaning):

Meaning:

And when you have completed the pilgrimage, then you may hunt. and such as

Meaning:

When you have offered your prayers, then spread out on the earth and seek the bounty of Allah.

Similarly, Allah forbade hunting for those who are in ihram and forbade buying and selling when the call to prayer for Jumu’ah was heard, then He made it permissible during the time that He forbade it, as Allah, may He be exalted, says (interpretation of the meaning):

Meaning:

Give a bride price to the women (whom you marry) as an obligatory gift, then if they give you part of the bride price gladly, then eat (take) the gift (as food) that is delicious and good for you,

and His words:

Meaning:

Then when it falls (dies), then eat from it.

There are many things like this in the Book of Allah, may He be glorified and exalted, and in the Sunnah of His Prophet, peace and blessings be upon him. It is not obligatory to hunt if it is lawful (not in ihram), it is not obligatory to go out to look for merchandise if they have prayed, it is not obligatory to eat part of his wife’s mag. marriage if she is kind to him, and it is not obligatory to eat part of his camel if he has slaughtered it.

It is implied in His words to indicate marriage for those who are intelligent:

Meaning:

And marry those who are alone among you, and those who are worthy of marriage of your male servants.

because of His words: ,

Meaning:

If they are poor Allah will enable them with His bounty.

This word shows that in marriage there is a chapter for wealth and self-preservation, as the Prophet said:

Meaning: Travel ye, and ye shall be well and have good fortune.

The command to marry is obligatory, and in every obligation from Allah there is guidance, so the obligation and the guidance come together.

Some scholars said that all of the commands are permissible and indicative until there is evidence from the Qur’an or Sunnah or consensus that what is meant by the command is a fard that cannot be disobeyed, such as the words of Allah, may He be glorified and exalted:

Meaning:

This command indicates that prayer and fasting are obligatory, as He says:

Meaning:

Take charity from some of their wealth.

His word:

Meaning:

And complete the Hajj and ‘Umrah for the sake of Allah.

and His word:

Meaning:

Let me tell you what I have left unsaid; indeed, those who were before you perished because of their many questions and disputes over their prophets. What I command you to do, do as much as you can, and what I forbid, stop doing.

Sometimes the command means prohibition (nahi), and both are definite, unless the dilemma is that they are not definite.

The words of the Prophet s.a.w:

Meaning:

Go to him according to your ability.

It is obligatory upon you to carry out the commands to the best of your ability, because a person is burdened according to his ability, and the action depends on his ability, because it is something that is burdened. With regard to prohibition, it is to refrain from anything that one wishes to refrain from within one’s means, because one is not required to do something new, rather it is something that one is prevented from doing.

Ash-Shaafa’i (may Allah have mercy on him) said: “It is obligatory upon the scholars of knowledge, when they read the Qur’aan and learn about the Sunnah, to look for the dilalalah, so that they will know the difference between obligatory, permissible and recommended, which are not obligatory in enjoining and forbidding.

Ash-Shaafa’i said in Ar Risalah: “Verily, the prohibition is sometimes in one sense and not in another, and this is known to you by means of some kind of evidence.”

For this reason, examples were made and we presented some of them to show the whole.

It was narrated from Abu Hurairah r.a and Ibn Umar that the Messenger of Allah s.a.w. said:

Meaning:

One of you should not propose to his brother.

Then he said: “If the Messenger of Allah (peace and blessings of Allaah be upon him) had not said that he forbade a man to propose to his brother in one sense and not in another, then according to the apparent meaning it would be forbidden for a man to propose to another from the time he starts to propose to him until he leaves him.” The Prophet (peace and blessings of Allaah be upon him) said: “None of you should propose to his brother.” This is a reply from him, and he meant something in the sense of the hadeeth, and there was no reason why the Prophet (peace and blessings of Allaah be upon him) said this. The Prophet (peace and blessings of Allaah be upon him) said: “Let none of you ask his brother’s hand in marriage.” This is a response from him, meaning that he understood the hadith, and there was no reason why the Prophet (peace and blessings of Allaah be upon him) said this, so some of him did it and some of him did not, or he was doubtful about some of it and was silent about the doubtful part. The Prophet was asked about a man who proposed to a woman and she consented to marry him, and Arjah proposed to her and she withdrew from the first man whom she had consented to marry. So he forbade proposing to a woman in this situation, and sometimes the woman withdraws from the one whom she has been given permission to marry, so the one whom she has withdrawn from does not marry her. So this is invalid for both the woman and the suitor, and she has given him permission to marry her.

Then narrated the hadeeth of Fatima bint Qais that ja mentioned to the Prophet that Mu’awiyah bin Abu Sufyan and Abu Jaham had proposed to her so the Prophet said to her: “Abu Jaham does not remove his stick from his shoulder blade (likes to hit). As for Mu’ awiyah, he is a poor man with no wealth, so marry Usamah bin Zaid.” | Then he said that this hadeeth indicates two things, one of which is that the Prophet (peace be upon him) knew that the two men were proposing to him and that the proposal of one of the two men was after the proposal of the other. He did not prevent them from proposing to her, nor did he advise one of them to propose to her after the other had left. And he proposed to Usamah ibn Zayd after the proposal of the two men, because she was not pleased. Had she been pleased with one of the two men, he would have told her to marry the one she liked. Her telling him about the proposal of the one who proposed to her is a report of something that she did not consent to, and perhaps she would have consulted him and he would not have consulted her if he had consented to one of the two men. When he gave her in marriage to Usamah, we assume that the situation in which he gave her in marriage is not one in which he forbade marriage to women, and it is different from the situation in which he made marriage permissible and the situation in which he forbade it, namely that the woman gives permission to her guardian to marry her off, and if he marries her off, then the marriage remains for her, and her husband is obliged to stay with her and she is in seclusion with him. But before that the woman’s situation is one, and her guardian does not marry her off until she gives him permission, so her inclination and her inclination are the same.

The conclusion that is derived from this is that what is prohibited in the hadeeth is the proposal after the guardian has given permission for the marriage, so it is permissible for the guardian to give the marriage. But as long as the guardian does not give permission, then the beginning and the end are the same.

Some fuqaha said that the prohibition in the hadeeth means when the suitor is inclined towards her. They make this assertion by pointing to the view of Ash-Safi’i that the prohibition means when the guardian gives permission for the marriage. This was also the view of Malik ibn Anas and Abu Haneefah. Malik said in al-Muwatha’ after narrating the hadeeth: “The interpretation of the words of the Messenger of Allah (peace and blessings of Allaah be upon him) is according to our opinion – and Allaah knows best. One of you should not propose to his brother’s proposal; that is, a man proposes to a woman, and she is inclined to him, and they agree on a certain dowry, and they are both willing, and she makes herself available to him. This is the kind of proposal for which it is forbidden for a man to propose to his sister. And not the man for himself. That is a proposal for which it is forbidden for a man to propose to his brother. And it does not follow that if a man proposes to a woman but there is no agreement on the matter and she is not inclined to him so that he will propose to her”,

The two Imams agreed on the absoluteness of the hadeeth, although they differed in their approach. Qayid Malik because the absoluteness of the hadeeth is included in the chapter on the harm that befalls people – and gayid, Ash-Shafi’i because he based it on the hadeeth of Fatima bint Qais.

Some fuqaha have made the prohibition absolute, saying that it is not permissible for a man to propose to a woman to whom another man has already proposed until he leaves her.

After that they differed in opinion if the marriage took place in the presence of a dispute. Abu Haneefah and ash-Shaafa’i said: The marriage contract continues, because the prohibition does not forbid it, but rather discourages it.” Some fuqaha said: “The marriage contract is continued”. “These two opinions were narrated from Maalik. The third view is that the contract is invalidated before intercourse takes place. –

The source of this difference of opinion is the difference of opinion on the prohibition, as we have mentioned.

Another example of a command not being obligatory.

It was narrated from Abu Sa’id Al Khudri that the Messenger of Allah s.a.w. said:

Meaning:

Bathing on Friday is obligatory for every adult.

And the hadeeth of Ibn Umar that he a.s. said:

Meaning:

Whoever of you comes to Jumu’ah should take a bath.

“He said: “The Prophet’s statement about bathing on Friday is obligatory. His command to take a bath contains two meanings:

1. According to the text, ghusl is obligatory, so one cannot purify himself for the Friday prayer except by ghusl, just as one who is junub cannot purify himself except by ghusl.
2. Bathing is obligatory in terms of effort, moral excellence and cleanliness?”

Then it was narrated that ‘Abdullah ibn ‘Umar said:

“Uthman bin Affan entered the mosque on Friday, and Umar bin Khathab was preaching, Umar said: “What time is it?”. He said: “O Amirul mukminin I have just returned from the market and I heard the adhan, for me it is nothing more than ablution” Umar said: “Ablution too. And you know that the Prophet (s.a.w) always ordered bathing?”. Ash-Shafi’i rahimallah said: “‘When ‘Umar reminded him that the Prophet ordered ghusl on Friday and he knew that ‘Uthman already knew about the Prophet’s order to do ghusl, then ‘Umar reminded ‘Uthman about the Prophet’s order to do ghusl, then ‘Umar told ‘Uthman about the Prophet’s order to do ghusl and ‘Uthman knew about it. Had he been of the opinion that Uthman had forgotten then Umar would have reminded him of his forgetfulness before the prayer. When ‘Uthman did not abandon the prayer because he did not take a bath and ‘Umar did not order him to go out to take a bath, it shows that both of them were aware of the Prophet’s command to take a bath during the time of ikhtiyar, not just at other times because ‘Umar never abandoned his command to take a bath, nor did ‘Uthman, because we know that ‘Uthman in abandoning the bath was aware that the Prophet had commanded him to take a bath, but the bath as we mentioned was during the time of ikhtiyar.

To sum up, there is a difference of opinion among the fuqaha’ as to the way in which the rulings of the commands and prohibitions of the shar’i legislator are derived, some of which refer to enjoining and forbidding, and some of which refer to irshaad (guidance) and some of which refer only to a kind of inspiration, istidlal (reasoning) or persuasion. Look at some of the examples that explain the differences between the fuqaha’ in their reasoning.

Shari’ah considers the contract to be the cause of its consequences, just as it considers buying and selling to be the cause of the transfer of property to the one who sells it, and the transfer of the price to the one who buys it. And it makes the pledge a cause of the pledgor’s right to the thing pledged, so that it becomes collateral for the debt, and other contracts that it eliminates and makes causes of. Once the prohibition on these contracts came from sharee’ah, which invalidated the causes of the contracts and their consequences, so that the invalidation of the cause does not transfer or establish the right. This is the view of some of the fuqaha’, but Abu Haneefah and his companions were more precise. They said that the contract of sale and purchase, for example, was made by sharee’ah for the purpose of transferring property, and the prohibition of it because of a hated trait makes it unlawful and does not negate either of them, so it must have an effect on each of them. With this in mind, they came up with a sale that transfers property and is forbidden at the same time, except that they stipulated that the use of property is acceptable, and they called this type of sale fasid. They said that it is obligatory for the one who is selling to remove the traces of the prohibition. If they do not do so, and the purchaser disposes of his purchase, then he disposes of the property that he acquired from the purchaser, and they said that we did not act on this matter by applying mummy’s reasoning, rather we found that the Shari’ah has made the marriage contract void. He has ordered that the divorce should take place before the ‘iddah (waiting period). The divorce is before the iddah, which is when the woman is pure and has not had intercourse. Divorcing someone who is menstruating is prohibited. In that case, when Ibn ‘Umar did so, the Prophet ordered him to refer to his wife and observe the iddah of the divorce that was obtained while she was menstruating. This is evidence that the prohibition of a shar’i action is because it is accompanied by a despised trait, and they do not claim to count buying and selling as prohibited because in reality they are the same in terms of thought, but it is not expected of the opposition of the zhahir who reject the opinion of: all shar’i actions when the shar’i prohibits them, and they denounce the hadeeth that was authenticated by the ancients that the Prophet (peace and blessings of Allaah be upon him) commanded to observe tawaah with the divorce that Ibn ‘Umar had carried out. From this it appears that Allaah has enjoined the payment of debts over a period of time, and that Allaah has indeed confirmed this, which can be seen by examining the verse on debts. But most of the fuqaha are of the view that recording debts is not obligatory, and that the command is only an instruction, so that whoever does it will be taking precautions for himself, and whoever does not do it will not be sinning, but he will not be taking precautions for himself. They take this from the words of Allaah at the end of the verse:

Meaning:

But if some of you trust others, then let the trustworthy fulfill his trust (debt).

This view is opposed by the scholars who say that recording debts is obligatory like any other obligation that He has enjoined. Whoever does not record it is sinning. Perhaps they attribute this to the fact that the debtor does not feel secure with the borrower. The end of the verse does not indicate this.

The discussion on the issue of enjoining and forbidding, and the differences of opinion associated with it in istimbath, is so long that it is not possible to cover it all. What we have mentioned is sufficient to know that it is a field of contention and one of the reasons for differences of opinion. And that has led to divisions between those who look to the spirit of the ruling and those who look to the letter of the text.

6. Bookkeeping of ushul fiqh.

The contradictions in fiqh are the reason why the scholars were so busy compiling a science called ushul fiqh, which is the rules that every mujtahid must follow in making decisions. Abu Yusuf and Muhammad ibn Hasan were reported to have written about ushul fiqh, but it is sad that none of their books have reached us.

What has come down to us and is considered a sound basis for this science and a great wealth for the discussants of ushul fiqh is the book Ar Risalah, which was dictated by Muhammad Idris Ash-Shafi’i, an imam of Mecca and then an imam of Egypt.

In Ar Risalah he talks about:

1. The Qur’an and its commentary.
2. The Sunnah and its position in relation to the Qur’an.
3. Nasikh and mansukh. .
4. Hadith narrated by an individual (khabar wahid).
5. Ijma”.
6. Qiyas.
7. Ijtihad.
8. Istihsan.
9. Difference of opinion (ikhtilaf).

In the first chapter he mentions how the Qur’anic testimonies are of several kinds:

1). Something that is described for His creatures in the text, such as the number of obligatory duties.

2). Something that has been made obligatory by His book and explained how to perform it by the tongue of His prophet, such as the number of prayers.

3). Something outlined by the Messenger of Allah (s.a.w) for which there is no legal text in the book of Allah for his servants.

4). Something that Allah has enjoined His servants to do ijtihad in search of. Allah tests their obedience with ijtihad just as He tests their obedience in something that is enjoined upon them other than ijtihad. There are examples of each kind that are sufficient to understand. Then Ash-Shafi’i mentioned that the Qur’an

Arabic and there is nothing there but Arabic. There are those who see it who claim that the Qur’an is in Arabic dar Ajam.

From this state of the Qur’an, it follows that the Qur’an is to be understood as the Arabs understand the meanings of their words, even though the Arabs speak in terms of words that appear general and mean specific.

An example from the Qur’an is the words of Allah Ta’ala:

Meaning:

The Creator of all things therefore worship Him and He is the Sustainer of all things.

Sometimes the text is general but what is meant is specific. For example, Allah says:

Meaning:

Those (who obey Allah and the Messenger) of whom it is said: Verily the people have gathered an army to attack you,

All men do not speak and all men cannot come together.

Sometimes the words indicate an understanding and the purpose of the conversation (siyagul kalam) indicates that what is meant is not the words, such as the words of Allah:

And ask the people of the land where we were and the caravan we came with. The purpose of the conversation indicates that it is the inhabitants of a village and the people who brought the camels.

Sometimes the text of the Qur’an indicates that it is specific, as in the verse on mawarits, where the text is general, and the Sunnah indicates that it refers to some parents, children and husbands and not others, i.e. if the parents, children and wives are of the same religion, and the one who inherits from them is not the one who killed them and is not a slave.

This goes on to explain that the Sunnah must be followed by the command of Allah, may He be glorified and exalted, and that the Sunnah is the wisdom mentioned in fir: man Allah, may He be glorified and exalted:

Meaning:

Teach you the Book and wisdom. and His words:

Meaning:

And remember what is recited in your house from the verses of Allah and the wisdom (sunnah of your Prophet).

There was a long discussion about establishing the validity of the Sunnah. Then Ash-Shafi’i said: “The Sunnah of the Messenger of Allah (s.a.w) and the Book of Allah, may He be glorified and exalted, have two aspects:

1. Nash kitabullah, then followed by the Prophet s.a.w. as something revealed by Allah.
2. What the Messenger of Allah (peace and blessings of Allah be upon him) explained about the meaning of the number, and what the Messenger of Allah (peace and blessings of Allah be upon him) explained about its obligation, whether it is ‘am or unique, and how to fulfill it.

Both of these, the Messenger of Allah s.a.w. followed the words of Allah Ta’ala”

Then Ash-Shaafa’i said: There is a third aspect, which is something that the Prophet (peace and blessings of Allaah be upon him) did that is not narrated from the Book of Allaah. This is a matter of dispute, and some of the scholars allow it, and some of them say that the sunnah is not to be followed unless it has its basis in the Qur’an. What is permitted and forbidden is only explained by Allah, may He be glorified and exalted, just as prayer is explained. There are some who say that what the Prophet (may Allah’s peace and blessings be upon him) did is included in the Qur’an. Ash-Shaafa’i (may Allah have mercy on him) said that whatever the case, Allah, may He be exalted, has made it clear that He requires us to obey His Messenger. Then Ash-Shaafa’i spoke about Nasikh and Mansukh, explaining that sometimes the Qur’an is abrogated in addition to the blessings that have begun to be given to them, and he explained that the Qur’an is only abrogated by the Qur’an, and the Sunnah does not abrogate the Qur’an; the Sunnah only follows the Qur’an, as it serves as a text and interprets what Allah, may He be exalted, has revealed globally. Likewise, the Sunnah of the Messenger of Allah (s.a.w) is only scripted by his Sunnah. The apparent meaning of this statement is that the Sunnah is not suppressed by the opinions of men. If the Sunnah is superseded by the Qur’an, then it is obligatory that there be an Ag-Sunnah which explains that the earlier Sunnah is superseded. The reason for this is that it prevents people from taking the generality of the Qur’an and abandoning the specificity of the Sunnah, on the grounds that the generality of the Qur’an nullifies the specificity of the Sunnah, as has been explained.

Then Ash-Shaafa’i explained that sometimes it is taken as evidence for the abrogation of one text over another, such as in the two verses on wasiyat and inheritance. This is based on a well-known hadeeth:

Meaning:

There is no wasiyat for heirs.

Since inheritance nullifies wasiyat, wasiyat is not obligatory for parents and relatives, but Thawus and a few people with him said that wasiyat for parents is nullified and wasiyat for relatives other than the testator remains.

Then Ash-Shafi’i explains by citing examples of certain parts (faraidh) that Allah has revealed in the text and certain parts that have been abrogated and have been implemented by the Messenger of Allah (peace and blessings of Allah be upon him). The specific parts that are mentioned in the text and indicated by the Sunnah are khash. Ash-Shaafa’i explains that it is the agreement of the fuqaha that they do not give inheritance to the one who kills from the one he kills, even though the generality of the Qur’an is the proof that they do not disagree on the Sunnah of the Messenger of Allah (peace and blessings of Allah be upon him), because when the Sunnah occupies this place in something that Allah, may He be exalted, has decreed by text, it indicates that it is given to some of the people who have been decreed and not to others. This is the example taken from the Qur’an. This is also something that the Prophet (peace and blessings of Allaah be upon him) practiced, and for which there is no ruling prescribed by Allaah. It is more important for the scholar not to be in doubt about its validity and to know that the rulings of Allah, may He be glorified and exalted, and the rulings of the Messenger of Allah, may He be glorified and exalted, are not contradictory and that they are similar. Then Ash-Shafi’i moved on to explaining the illates of the hadith. He began by refuting the one who argued who is not named. Ash-Shafi’i said: We find hadeeths from the Messenger of Allah (s.a.w) in which there is a Qur’anic text that is similar to it. There are other hadeeths that are mentioned in the Qur’an, and some hadeeths are more numerous than the Qur’an, of which there is not a single mention in the Qur’an – some are compatible and others are contradictory, and there is no evidence for their nullification or annulment. In other hadeeths the Prophet (peace and blessings of Allaah be upon him) forbade, so the fuqaha’ say that what he forbade is haraam, and in other hadeeths he forbade, so the fuqaha’ say that his forbiddance and enjoining are for the purpose of ikhtiyar (choosing what is good), not for the purpose of forbidding. We find you relying on some of the hadeeths that contradict each other and not on others, and we find you relying on some of the hadeeths, then you differ in your reasoning, and you leave out some of them and do not rely on them, so what is your basis for relying on the hadeeths and leaving out others?

Ash-Shafi’i (may Allah have mercy on him) explains the illatillat of the hadeeth in the best possible way, starting with its transmission from the Messenger of Allah (peace and blessings of Allah be upon him) and then discussing the nasikh and mansukh of the Sunnah, for which he gives many examples, and he presents several hadeeths that seem to contradict each other and explains the contradiction, and what is the duty of the mujtahid in reconciling or favoring them.

After that, Ash-Shafi’i spoke about the validity of the ahad hadeeth, and he elaborated on its status as proof, and this was the longest description he wrote.

Then he talks about consensus, and he argues that consensus is based on the Prophet’s encouragement to adhere to the Muslim community. He says that this means nothing more than adhering to what is in their consensus, whether it is forbidding or forbidding, and following them.

Then ja talks about kiyas and ijtihad and says that kiyas and ijtihad are two names for one meaning. He mentions two aspects of kiyas, namely:

1. Something is equivalent to the principle, and kiyas does not contradict the principle.
2. That something has likenesses that exist in the principal (origin).

So it is related to the first and most similar. The scholars of kiyas differed concerning this, and kiyas is regarded as a proof, and it is part of the religion, and the difference of opinion that arises from ijtihaad is widespread.

Hadith Amr bin Ash that the Messenger of Allah s.a.w said:

Meaning:

If a judge makes a ruling and does jurisprudence but is wrong, he gets one reward.

Then Ash-Shafi’i spoke about istihsan and answered those who spoke about it. Istihsan is speaking without hadith and without kiyas. The strongest of these is that Allah, may He be glorified and exalted, has forbidden a little of something in His Book or by His Messenger (peace and blessings of Allah be upon him), so it is known that if the little is forbidden, then the much is like the little in its forbiddenness or is more forbidden because the much is more than the little. Likewise, if the little obedience is praiseworthy, then the more obedience is more praiseworthy. Similarly, if the amount of something is permissible, then the little is more likely to be permissible: And sometimes some scholars are reluctant to call this kiyas and say: “This is the meaning of something that Allah has permitted, forbidden, praised and condemned, because it belongs to this category, but there is no kiyas for it. And he said something like this in addition to this, namely that what is permissible is permissible, and what is forbidden is forbidden, and he refused to mention kiyas except in cases where there is a similarity between two different meanings, so he turned to kiyas on one of them and not on the other.” Some other scholars said: “Anything other than the texts of the Qur’aan and Sunnah, and it is within the meaning of those texts, is kiyas”.

Then Ash-Shafi’i talked about the difference of opinion. He explains what is not allowed for difference of opinion, namely something that is given proof by Allah in His Book or the tongue of His Prophet (peace and blessings be upon him) with a clear text and no difference of opinion is allowed for those who know it, and what is allowed for difference of opinion is something from His Book or the Sunnah that contains ta’wil or is understood as kiyas. He cited many examples where rulings were derived from kiyas. For this reason many people differed in their kiyas. So he discussed it with them, a discussion that showed his strength in exposition and the amount of study he had done.

Some of the best descriptions I have seen in the writings of ash-Shaafa’i (may Allaah have mercy on him) are those in which he recounts the opinions of those who argued with excellent proofs, clearly explained and with every possible strength at their disposal, then he reverses their arguments. In that regard, there is nothing more courteous to his interlocutors in defending the validity of the Sunnah than what he writes, in that I see that what some of the mutaakhirin write when defending the validity of the Sunnah is nothing more than saying: “It is a religious necessity”. What a difference between these two teachers.

Indeed, the book of the Risalah, as we have said, is a noble heirloom from ancient times that tells us about many of the gaps of the people of that time, both in terms of how well it is written and how good its literature is, to the extent that it glorifies those who are opposed in the matter of answering to bringing the Qur’an and the Sunnah to the fore in their discussions.

7. The emergence of Fiqh terms.

The Qur’an demands what it wants with the style of language that we have described in the first period. Its style does not have any advantage over others in its demanding power, it is all the same. The same applies to the Sunnah in demanding what it wants. When these demands differed in the eyes of the fuqaha, they needed to choose names to indicate them, namely: Fardhu, wajib, sunnah mandub and mustahab.

Fard and wajib are two names for something that is required with a definite demand. However, according to the Hanafis, a fard is something that is required by a sound proof, either in terms of its scope or its meaning, such as verses from the Qur’an and the Sunnah, which are sound because they are mutawatir or well-known, in the case of a text, and an wajib is something that is required by a sound proof, either in terms of its scope or its meaning, or both together. An example of fard, according to them, is reciting an easy passage from the Qur’an in two raka’ats of any prayer. An example of an obligatory raka’at is reciting Al-Fatihah in two raka’ats. Leaving a fard invalidates the prayer, leaving an obligatory one because of forgetfulness invalidates the prostration, and leaving it intentionally makes it obligatory to repeat the prayer so long as it is within the time of the prayer, and if it has gone out of time then one has done something bad. As for the others, there is no difference between tardoo and wajib, rather everything that is required with certainty is fardoo and wajib, whether it is required with certainty (qath’i) or zhanni (conjecture). But they differentiated between fard and wajib in the case of Hajj, saying that what is required by sharee’ah and there is no substitute for it is fard, such as wuquf in ‘Arafah and tawaaf al-ifaadah. But if something is required and there is no substitute for it, then it is obligatory, such as entering ihram. Among them, fardoo is known as fardoo kifayah, which means any work that is required by sharee’ah without specifying the person who does it; if one person does it, then the sin is waived for all of them, and if all of them do not do it, then they are guilty of sin.

Something that is commanded and other actions depend on it, they call it a requirement if it comes out of the essence of the action, such as facing the qiblah for prayer, and they call it a pillar if it is part of it, such as bowing in prayer.

Sunnah, according to the Hanafis, is something that the Prophet (peace and blessings of Allaah be upon him) continued to do, but sometimes he would leave it without excuse. Mandub and mustahab are things that the Prophet (peace and blessings of Allaah be upon him) did not continue to do, even if he did not do them after encouraging others to do them. In other words, sunnah, mandub and mustahab all mean the same thing, i.e. something that is required with uncertain demands, except that they say sunnah muakkadah for something that the Hanafis call sunnah. The Hanafis call it sunnah, and sunnah ghairu muakkadah for what they call mandub and mustahab.

They termed what is required by sharee’ah to prevent it haram and makruh. According to the Hanafis, haram is the opposite of obligatory, makruh tahrim is the opposite of obligatory, and makruh tanzih is the opposite of sunnah. According to the Hanafis, haram is the opposite of fard and wajib, because fard and wajib are synonymous. Makruh tahrim or makruh shadidah is something that is contrary to sunnah ghairu muakkadah.

Something that is neither required by sharee’ah to be done nor prohibited from being done is called permissible.

Among the terms used in fiqh are the words fasid and void, which are two names for one thing, according to some fuqaha’, which is something for which there is no reward or punishment. The Hanafis distinguish between the two, calling void something that does not have any consequences, and fasid something that does have consequences and is bad. There are other fiqh terms that are known by studying fiqh books. Here we just want to point out that most of these terms are new.

8. The emergence of wise scholars known by the jumhur as luminaries.

The mention of one of the fuqaha of the past periods is merely a citation of their opinions in the midst of a large number of books of differing opinions. There are the fuqaha’ of the Companions and Taabi’een who have left a great legacy in the development of Islamic jurisprudence, because they are the righteous salaf, and they are a light for those who come after them. In addition to that, their names are folded up, and one of them is not counted as a follower, but rather as a member of the majority in terms of his influence and following in terms of his opinions. During this period, the mujtahids emerged, whom the majority regarded as Imams, and they regulated their actions by applying their opinions, so that they became the authority over the texts of the Qur’an and Sunnah, which they were not allowed to transgress. The reasons for this privilege are as follows:

1. The collection of their opinions was made into a book, and this bookkeeping was not found in any of the salaf.

2) There are students who act to spread their opinions, defend and help them, and they have a position in the social organization that makes their opinions valuable.

3. The tendency of the majority is for the decisions given by judges to be derived from the madhhab so that they are not expected to follow their own desires in judging. This can only happen if there are no madhhabs in the books.

Now we have mentioned the accounts of those fuqaha whose madhhabs were recorded and they had followers in various major countries, along with information about the specialties of each of them.

1. First Imam Abu Hanifah.

He was Nu’man b. Tsabit b. Zauthi, born in 80 AH in Kufa. When he was young he learned fiqh from Ahmad ibn Abu Sulayman. This was at the beginning of the second century, and he studied with many tabi’in scholars such as Atha’ bin Abu Rabah and Nafi’ maula Ibn Umar. Abu Hanifah experienced the transfer of power from the Umayyads to the Abbas and in this transition Kufa was the center of the great movement. And there was the completion of the allegiance of Abul Abbas As Saffah and we only heard a memory in that movement that it was said that Yazid bin Hubairah the wali of Iraq on the side of Marwan bin Muhammad offered him to serve as a judge but he refused, so he was beaten. If we take it at face value, we can hardly understand a person’s reluctance to serve as a judge and then being beaten! Because hitting with a whip is too low and not done by an unreasonable person to be imposed on someone who holds the noblest office after government, namely the office of judge, if there is only reluctance. We do not suspect that there was any grudge in the heart of the emir al-Mu’minin that led him to carry out this punishment.

Moreover, in Kufa there were many fuqaha so it was not difficult for Putera Hubairah to choose people to carry out this purpose.

In fact, I suspect that the purpose of such an offer is to test the person to see how loyal he is to the state, because the scholars, according to ‘zhahirnyai, are reluctant to take up a governmental position that they do not like, so as not to strengthen it.

At this time in Kufa there were two rebellions

That is:

1. Zayd b. ‘Ali b. Husayn who arose in 122 AH during the time of the caliph Hisham b. ‘Abd al-Malik and the governor Yusuf b. ‘Umar Ats Tsaqafi over Iraq and he was killed,

1. Abdullah b. Mu’awiyah b. Abdullah b. Ja’far at the time of the breakdown of the relationship in 127 AH. From Abu Hanifah there are words that indicate the praise of Zayd, as it was quoted by those who wrote his biography. And perhaps he had returned from him during the time of ‘Abd Allah b. Mu’awiyah. So Putera Hubairah wanted to test his loyalty to the Umayyads so he offered to judge him, but he refused, so he was beaten because it was felt that he was turning away from the Umayyads not because he refused to judge. Abu Hanifah was a cloth merchant in Kufa who sold silk cloth. He was known for being honest in his dealings and avoiding bargaining. He was sweet of face, good in his dealings with his brothers. He was a moderate person, the best of men in conversation and the sweetest in song. Ja’far bin Rabi” said: “I lived with Abu Hanifah for 50 years and I did not see anyone who was more silent than him. When ja was asked about Fiqh he was open and flowed like a valley. And I heard his speech resounding and loud. He was an imam in kiyas.”

Abdullah ibn Mubarak said, I said to Sufyan Ats Tsauri: “O Abdullah, how far Abu Hanifah is from backbiting, I never heard him backbite his opponent”. Sufyan replied: “He is more sensible, rather than authorizing something that takes away his goodness”. Many students came into contact with him, and they studied with him and helped him with problems and answers. His method of reasoning is what he himself said, namely: “‘I take the Book of Allah when I find it. If I do not find it there, then I take the Sunnah of the Messenger of Allah (peace and blessings be upon him) and the saheeh atsar that have been transmitted among the trustworthy people. If I cannot find it in the Book of Allah and the Sunnah of the Messenger of Allah (peace and blessings of Allaah be upon him), then I take the opinions of his Companions as I wish, or I leave their opinions as I wish, and I do not depart from their opinions to anything other than their opinions. If the matter comes to Ibrahim, Ash-Sha’bi, Hasan, Ibn Sirin and Sa’id ibn Musayyab (some of those who did jurisprudence), then I do jurisprudence as they did.”

Sahal ibn Muzahim said: “The words of Abu Haneefah are taken with trustworthiness and avoidance of evil, ja reviews the people’s dealings, what is upright with them and good for their affairs. He deals with matters on the basis of kiyas, and if the kiyas are bad then he does istihsan, while it applies to him. If it is not applicable then he reverts to what the Muslims practiced. He always relates a well-known and agreed-upon hadith, then he makes an analogy to it so long as the analogy is permissible, then he reverts to istihsan, so long as either of them is more reliable, then he reverts to it.”

Muhammad ibn Hasan said: “Abu Hanifah discussed with his companions the results of his kiyas. Then they asked him to justify it and opposed it, so that when he used istihsan, none of them could agree with him because of the many issues that were brought up in istihsan, so they all called for and accepted it. Abu Haneefah was one of the most knowledgeable of the hadith and fiqh of the people of Kufa, and he followed what the people of his country practiced. At his time in Kufa there were three great scholars, namely:

1) Sufyan ibn Sa’id Ats Tsauri was one of the Imams of the hadith. People recognized his religion, his wara’a, his zuhud and his trustworthiness. He was one of the mujtahid imams who had a following. Sufyan ibn ‘Uyainah said: “I did not see anyone who knew more about halal and haram than Ats Tsauri. He was born in 97 AH and died in 161 AH.

2. Sharik bin Abdullah An Nakha’i.

He was born in Bukhara in 95 A.H. He was a pious man, fierce, quick to understand, shrewd and intelligent. At the time of Al Mahdi he was a judge in Kufa then he was dismissed by Musa Al Hadi. He was fair in his decisions, correct and ready to answer. He died in 197 AH in Kufa.

3. Muhammad ibn Abdur Rahman ibn Abi Laila. He was born in 74 AH, was one of those who held to ra’yu, served as a judge in Kufa for 33 years. He served during the Umayyads and the ‘Abbasids and was a fagih and mufti. Tsauri said: “Our fagih are Ibn Abi Laila and Ibn Shibrimah”. Ja died in 148 A.H. There were three of them and Abu Hanifah. Ibn Abi Laila was a state judge, and Abu Hanifah was sometimes asked for a fatwa that contradicted him. Ibn Abi Laila knew this, so one time they took the matter to the governor to forbid Abu Hanifah from giving a fatwa. There was something unpleasant between him and Sharik, and the reason was rivalry between friends.

When Abu Ja’far Al Mansur founded the city of Baghdad he brought in many scholars from various cities and Abu Hanifah was among those brought in. They recounted the story of him being offered the position of judge repeatedly and being punished for it. He died, may Allah have mercy on him, in 150 AH.

As for his disciples who took allegiance to him as disciples to a teacher while they had the ability to branch out the branches (of religion) and prepare answers, the most famous were:

1). Abu Yusuf Ya’kub bin Ibrahim Al Anshari.

He was born in 113 A.H. When he was young, he was busy looking for hadith narrations, and he narrated hadeeths from Hisham ibn Urwah, Abu Ishag Ash-Shaibani, Atha’ ibn Saib and others like them. He studied fiqh with Ibn Abi Laila for a time, then moved on to Abu Hanifah (may Allah have mercy on him). He was the greatest of his students and the greatest of his helpers. He was the first to compile books according to his madhhab, dictate issues and circulate them. Abu Hanifah’s knowledge spread throughout the earth.

Many hadith scholars praised Abu Yusuf when they rarely spoke highly of one of the proponents of ra’yu. Yahya ibn Mu’in had no more and more authentic hadith than Abu Yusuf, and he said: “Abu Yusuf is the owner of the hadith and sunnah”. Abu Yusuf (may Allah have mercy on him) died in 183 AH.

2). Zutar bin Hudzail bin Qais Al Kufi.

Born in 110 A.H., he was a hadith scholar who was later defeated by ra’yu. He was the one who used kiyas the most among Abu Hanifah’s companions. They say that Abu Yusuf was the one who followed the hadith the most, Muhammad was the one who made the most branches and Zufar was the one who made the most equations. He did not care for the luxuries of the world, but his life was always occupied with knowledge and teaching until his death in 157 AH.

3). Muhammad bin Hasan bin Fargad Ash Shibani.

Hasan’s father was from the village of Haristi from the Damascus area, then came to Iraq. He had a son Muhammad in Wasit in 132 AH, and he grew up in Kufa and then settled in Baghdad under the Abbasids. When he was a child he studied, narrated hadith and learned from Abu Hanifah about the ways of the people of Iraq, and he sat with Abu Hanifah for a short time because Abu Hanifah died while Muhammad was still young. So he completed his studies with Abu Yusuf. He had a keen mind, so he developed very rapidly, and during Abu Yusuf’s lifetime he became a backbone of the ra’yu, and there was a rift between the two men that lasted for some time until Abu Yusuf’s death.

From Muhammad he took the madhhab of Abu Hanifah because the Uanifayah only had books. His books, as you can see in the book chapter, were compared by Ash-Shafi’l in Baghdad, and he read his books and discussed them on many issues, both of which have been recorded, which is pleasing, most of which we read from the narrations of Ash-Shafi’i himself or the narrations of his friends. Muhammad ibn Hasan died in 179 AH in Ray, and was a friend of Ar Rashid.

4). Husan ibn Zayadi Al Lu’lui Al Kufi maula Anshar. He was a student of Abu Hanifah, Abu Yusuf and later Muhammad, and wrote books on the madhhab of Abu Hanifah. But his books and opinions cannot be regarded as being like those of Muhammad. According to the hadith scholars, his status was low. He died in the year 204.

These four men spread the madhhab of the Iraqis and people accepted it from them. Abu Yusuf and Muhamamd were distinguished by the Banu ‘Abbas, and their opinions were favored over those of the hadith scholars. They were the ones who had the greatest merit in formulating fiqh issues and answering them. Their relationship to . Abu Hanifah’s relationship was not that of an imitator to an imitator, but of a student to a teacher, with freedom in what they said. They did not stop at what their teacher had said, rather they differed from him when it became apparent to them that there was something that required a difference of opinion. That is why you will find the Hanafi books listing the opinions of the imams and their evidence. Sometimes there are four opinions on one issue, namely the opinions of Abu Haneefah, Abu Yusuf, Muhammad and Zufar, based on the atsar or understanding that appears to them. And some of the Hanafis tried to make their different opinions the one to which all of them reverted. But this is difficult to find in the history of these imams or even in what is mentioned in their books. Abu Yusuf mentioned in his book of taxation the opinion of Abu Haneefah, then he mentioned his opinion, explaining that he differed from Abu Haneefah and explaining the reason for his difference. This is what he did in the book on the difference of opinion between Abu Haneefah and Ibn Abi Laila. Sometimes he mentioned Abu Laila’s opinion after mentioning two opinions. Muhammad (may Allah have mercy on him) mentions the opinions of Abu Yusuf in his book. And he explained the differences between his opinions, because if they had been what they said, there would have been nothing to go back to in his madhhab. It is also saheeh that Abu Yusuf and Muhammad differed a lot from the Imams when they looked at the hadeeths of the people of the Hijaz. The Hanafi imams whom we have mentioned after Abu Haneefah (may Allah have mercy on him) did not disobey Abu Haneefah, because disobedience had not yet arisen among the Muslims at that time. Rather, the muftis were independent in issuing rulings based on the evidence that appeared to them, and it was the same for them whether they consulted their teachers or their own. The relationship of Abu Yusuf and Muhammad to Abu Hanifah was just like that of Ash-Shafi’i to Malik.

Some of the students of Abu Hanifah’s friends who have quoted their books are:

a). Ibrahim bin Rustan Al Marwi, who studied Fiqh with Muhammad bin Hasan and heard from Malik and others. He had complicated opinions written by Muhammad. He died in 210 AH.

b). Ahmad bin Hafsh who is known as Abu Hafsh Al Kabir bin Hasan and his writings are narrated from him. The glimpse of Muhammad that I saw was from his writings.

c). Bisyr bin Ghiyats Al Marisi studied Fiqh with Abu Yusuf. He was among his special friends, a wara’ and zuhud, except that he was hated by people because he was famous for philosophy. Abu Yusuf cursed him and turned away from him. He died in 228 A.H. He had many essays and narrations from Abu Yusuf. In that madhhab he had complicated opinions, including the permissibility of eating himar (donkey) meat. There were discussions between him and Ash-Shafi’i, and he was associated with the Murji’ah faction which he called Al Marisiyah.

d). Bisyr bin Walid Al Kindi studied Fiqh with Abu Yusuf. He narrated his books and practices from him.

He served as a judge in Baghdad during the time of Al Mu’tashim. He died in 237 AH. He defeated Muhammad ibn Hasan, and Hasan ibn Malik forbade him and said: “Muhammad has practiced these books so do you one ma salah”. He was an expert in Fiqh and a worshipper.

e). Isa b. Aban b. Shadagah, a judge, studied with Muhammad and Hasan b. Ziyad. He was among the rijalul hadith and died in Bashrah in 221 AH.

f). Muhammad bin Sima’ah At Tamimi. He heard hadith from Al Laits bin Sa’id, Abu Yusud and Muhammad and learned Fiqh from them and also from Hasan bin Ziyad. He wrote complicated matters from Abu Yusuf and Muhammad. He was born in 130 A.H. and died in 223 A.H. He served as a judge for Ma’mun in Baghdad in 192 A.H. When he died, Yahya b. Mu’eed was appointed as the judge. When he died, Yahya b. Mu’in said: “The fragrant flower of the fuqaha of the ra’yu passed away”.

g). Muhammad bin Shuja’ Ats Tsalji, studied Fiqh with Hasan bin Ziyad. He was prominent in knowledge, an Iraqi fagih of his time and a prominent person in Fiqh and hadith accompanied by wara’ and worship. He died in 276 A.H. He had books that confirmed atsar and books on complications, mudharabah and so on.

He leaned towards the Mu’tazilah school. According to the hadith scholars, his narration is weak and they censured him for speaking too much.

h). Sulaiman Musa ibn Sulaiman Al Zauzajani, learned Fiqh from Muhammad. He wrote on matters of ushul and practice. He died after the year 200 AH.

i). Hilal bin Yahya bin Muslim Ar Ra’yu Al Bishri. He was known as Hilal Ar Ra’yu because of his breadth of knowledge and much understanding as Rabi’ah Ar Ra’yu said. He studied Fiqh with Abu Yusuf and Zufar. He had a composition on the conditions and laws of waqf. He died in 245 AH.

j). Abu Ja’far Ahmad b. Imran, regional judge of Egypt. He studied Fiqh with Muhammad b. Sima’ah. He was the teacher of Abu Ja’far Ath Thahawi, who died in 380 A.H. He wrote a book entitled Al Hujaj (proofs).

k). Ahmad bin Umar bin Muhair who is famous for Al Khishaf. He learned from his father from Hasan bin Ziyad. He was an expert in faraidh, an expert in hithab and knew the madhhab of Abu Hanifah. He compiled a book of taxes for Al Muhtadi billah. He had a book on authority, a book on wasiyat, a book on sharath, a book on waqaf etc. He died in 261 AH,

|). Bakar bin Qutaibah bin Asad was an Egyptian judge. He was born in the year 182 II, studied Fiqh with Hilal Aj Ra’yu. He was one of the smartest people of his time in the madhhab. He compiled the book of sharath, the book of treasury and the law of treaties, and the great book that overturned Ash-Shafi’i’s answer to Abu Hanifah. He died in 209 AH.

m). Abu Khazim Abdul Hamid ibn Abdul Aziz, a judge. He learned Fiqh from Isa ibn Aban and Hilal. He had books on the courtesies of judges and books on faraidh. He died in the year 292 AH.

n). Abu Sa’id Ahmad bin Husain Al Barda’i. He learned Fiqh from Isma’il bin Hammad bin Abu Hanifah from his father from his grandfather and from Abu Ali Ad Daggad from Musa bin Nushair from Muhammad. He was killed in the battle of Qaramithah with Al Hajjaj in 317 AH. He had discussions with Dawud b. ‘Ali, the imam of the zhahir.

o). Abu Ja’far Ahmad ibn Muhammad ibn Salamah Al Azdi Ath Thahawi was a great imam of this period. He was born in 230 A.H. He first studied with Al Muzni the student of Ash-Shafi’i an uncle (on his mother’s side). Then he went to Abu Ja’far Ahmad bir Abu Imran, a judge, and studied Fiqh with him. Then he met Abu Khazim a great judge in Sham so he studied with him. He was a leading authority on hadith, and with his compositions he surpassed others of his kind, and his compositions will be mentioned later.

1. The second Imam Malik.

He is Malik bin Anas bin Malik bin Abu Amir: His lineage ends at Dhu Ashbah from Yemen. One of his grandfathers came to Medina and settled there, His grandmother Abu Amir was among the companions of the Messenger of Allah (s.a.w) who fought with him in all wars except the battle of Badr, He (Imam Malik) was born in Medina in 93 AH.

The first person he studied with was Abdur Rahman bin Hurmuz. He lived with Abdur Rahman for a long time and did not associate with other people. He studied with Nafi” maula Ibn Umar and Ibn Shihab Az Zuhri, As for his teacher in fiyh is Rabi’ah bin Abdur Rahman who is known as Rabi’ah Ar Ra’yu, When his teacher has recognized him in hadith and Fiqh he sat down to narrate hadith and issue a fatwa, Malik said: I do not sit down to give a fatwa until seventy teachers of knowledge have recognized that I am entitled to that position.”

People agreed that he was an imam in hadith and that his narrations were reliable, and his teachers, companions and those who came after him agreed so much that some of them said: “The most saheeh hadith is the one narrated by Malik from Nafi’ from Ibn Umar, then Malik from Abu Zinad from A’raj from Abu Hurayrah”.

Al Waqidi and others said: “Malik’s majlis was an honorable and polite majlis. He was a man of authority and nobility, and there was no pretense or noise in his meetings, nor was there any loudness. He had writers who copied his books, and it is said that Habib read to the congregation. No one who was present approached him and did not look at his books and did not ask for explanations out of fear and respect. If Habib was wrong then Malik explained it and he never read his books over someone. This was his custom except that Yahya bin Bakir mentioned that he heard Muwatha’ from Malik 14 times, and he suspected that some of them were read by Malik and some of them were read by him.

Many of the great muhadithin learned hadith from him and this was followed by the scholars of fiqh. Malik has two characteristics, namely:

1. He was a hadith expert.
2. He was a mufti and an expert in istimbath.

In the first place, great men from his teachers narrated from him, such as Rabi’ah, Yahya bin Sa’id, Musa bin Ugbah and others. His companions narrated from him such as Sufyan Ats Tsauri, Al Laits b. Sa’id, Al Auza’i, Sufyan b. Uyainah and Abu Yusuf the companion of Abu Hanifah. And his students narrated from him such as Muhammad bin Idris Ash-Shafi’i, Abdullah bin Mubarak, Muhammad bin Hasan Ash-Shibani and others.

From the second point of view the great scholars of the imams of his madhhab took issues from him, and their narrations will come later.

In his fatwa, Malik (may Allah have mercy on him) relied on:

1. Kitabullah.
2. The Sunnah of the Messenger of Allah (s.a.w) which is considered saheeh. In this case, he relied on the great muhadiths of the scholars of the Hijaz, and he paid great attention to what was already practiced in Madinah, especially the practice of the Imams, and sometimes he rejected a hadith because it was not practiced. Most of the fuqaha’ of the major countries have gone against him in that regard. And we have mentioned to you the letter of al-Laits ibn Sa’id to him. And Ash-Shafi’i had many doubts about this matter in Al Um. The same applies to Abu Yusuf, the friend of Abu Haneefah (may Allah have mercy on him).

1. Then he relied on kiyas, when there was no book or sunnah. He has attributed this to Maslahah mursalah, just as he attributed istihsan to the Hanafis. These interests are called istishlah. The definition of mas lahah mursalah is the benefits (goodness) which from shara” is not witnessed invalidation and also not mentioned by a clear nash. The place of disagreement in practicing maslahah mursalah is that it collides with other arguments from the text or kiyas. An example of this is beating a person to make him confess to stealing. Malik says it is permissible, and others disagree, because this benefit contradicts another benefit, namely the benefit of the person who is beaten, because he may be released (not stealing). Not beating the one who has sinned is less harmful than beating the one who has escaped. If in that case ja opens the door and it is difficult to take the property, then the beating is for opening the door, to the point of tormenting the one who is detached. Some of the cases of mursalah are women who have lost their husbands when there is no news of his death or life, and they have waited for him for many years and they are suffering because they are alone, and women who have not menstruated for many years and whose waiting period for marriage is delayed so that they are prevented from marrying. In these two cases Malik took the view of ‘Umar. He said: “The woman whose husband has disappeared after four years with no news, and the woman whose purity is extensive, should observe three months’ iddah after the expiry of the period of childbearing, which is nine months until it amounts to one year. In the first case, they are looking after the interests of the absent husband, and in the second case, they are looking after the interests of the wife, contrary to the clear text, which says (interpretation of the meaning):

Meaning:

Women who are divorced should refrain (wait) three quru’.

It is not until after the year of the break in menstruation that she enters into tawaadah for several months

Conclusion: Mursalah is a benefit that serves the purpose of Shariah, which is known from the Qur’an, Sunnah or consensus, but it is not evident from a specific point of view from which it can be derived. The state of the goal is known not by one evidence but by a collection of evidence, qarinah-qarinah from several different circumstances and signs. That is why it is called maslahah mursalah. There is no difference of opinion in following it except when it contradicts another benefit. There is a difference of opinion on favoring one of the two interests, as we mentioned in istihsan.

We will bring to your attention a number of Malik’s problems when we talk about the books of his madhhab.

Malik stayed in Madinah and did not travel from there to other countries. This is why most of his hadith revolve around what was narrated by the people of Madinah.

Hijaz. People came to him to receive hadith and issues from him until he died in: 179 AH.

Most of the people who came to him were Egyptians and Maghribis from Africa and Andalusia. They were the ones who handled the spread of his madhhab throughout North Africa and Andalusia. Later the madhhab appeared in Basrah, Baghdad and Khurasan, with the intercession of the scholars we will mention.

As for those who came to him from the Egyptians and they are the pillars of his madhhab, they are:

1). Abu Abdillah bin Wahab bin Muslim Al Qurasyi their maula, He narrated from Malik, Al Laits bin Sa’id, Sufyan bin Uyainah, Sufyan Ats Tsauri and others from the Malik period. He studied Fiqh with Malik and al-Laits. He came to Malik in 148 AH, and remained with him until Malik died. Malik wrote letters to Abdullah bin Wahab the fagih of Egypt and to Abu Muhammad the mufti. He did not do this to anyone else. In the letter Malik said that Abu Wahab was a scholar. Ibn Abdul Hakam said: “He is the constant in the Malikite madhhab; he is more learned than Ibn Qasim, except that he is prevented by his wara’a from issuing a fatwa”. Ashbagh said: “‘Ibn Wahab is as intelligent as Malik’s companions regarding the sunnahs and atsar, except that he narrates from weak people. He is called a collection of knowledge. Everyone was prevented by Malik except Ibn Wahab, whom Malik respected and loved”. Ibn Wahab said: “Had Allah not saved me because of Malik and Laits I would have gone astray”, so it was said to him: “How so?” He replied: “I had so many hadeeths that they confused me, so I brought them to the attention of Malik and al-Laits, and they said to me: Take this and leave this.” He was born in 125 AH and died in 197 AH.

2). Abu Abdillah Abdur Rahman bin Qasim Al Itqi their maula. He narrated from Malik, Al-Laits, Ibn Majisvun, Muslim bin Khalid and others. After studying with Ibn Wahab he went to Malik for a few years, and he did not mix Malik’s knowledge with anyone else until he became the most established in him. Malik and Ibn Wahab were asked about him, so he said: “Ibn Wahab is a scholar and Ibn Qasim is a fagih”. Ibn Wahab said to Abu Tsabit: “If I want Fiqh Malik then stick to Ibn Qasim because he has no equal and we are busy with others”. Yahya ibn Yahya said: “Ibn Qasim was the most knowledgeable of the Maalikis and the most trustworthy of them”. He died in 191 AH.

3). Ashhab bin Abdul Aziz Al Qaisi Al Amiri Al Jadi. He narrated from Malik, Al Laits and other people. He studied Fiqh with Malik, the people of Medina and Egypt. Ash-Shafi’i said: I did not see anyone more intelligent than Ashhab. After Ibn Qasim the leadership in Egypt was given to him. Sahnun was asked about Ibn Qasim and Ashhab which of the two was the cleverest. He said: “They are like two racehorses, perhaps this one is behind and this one is ahead”. Ashhab was born in 140 AH and died in 204 AH.

4). Abu Abdullah bin Hakam bin A’yun bin Laits. He was heard from Malik, Al Laits b. Sa’id, Ibn Uyainah, Ibn Luhai’ah and others. He was a righteous man, trustworthy, confirmed the madhhab of Malik, a fagih, very justified, reasonable and polite. After Ashhab the leadership of Egypt was entrusted to him. Abdul Hakam’s descendants achieved a degree and progress that no one else achieved. He was a friend of Ash-Shafi’i and to him ja stopped when he came and Muhammad honored his position, did him good, and by his side he died. He narrated from Ash-Shafi’i. He wrote his books for himself and his son, he gathered his son Muhammad to him. Ibn Qasim, Ibn Wahab and Ashhab gave their allegiance to Ibn Abdi. Hakam. He was born in 155 AH and died in 214 AH.

5). Ashbagh bin Faraj Al Umawi their maula. He went to Madinah to hear from Malik and he entered Madinah on the day Malik died. He studied with Ibn Qasim, Ibn Wahab and Ashbagh. He heard from them, and he studied Fiqh with them. He was Ibn Wahab’s greatest friend, ja his author and the most particular person to him. Ashhab was asked: “Who is for us (to follow) after you?” He replied: “‘Ashbagh.bin Faraj”. Libad said: The opening of the way of Fiqh for me was only from the points of Ashbagh, I was with Ashbagh and others from his teachers were asked to give a fatwa”. Ibn Mu’in said: “Ashbagh was one of the most knowledgeable of Maalik’s opinions, and he knew issue after issue”.

6). Muhammad bin Abdullah bin Abdul Hakam. He heard (hadithspen) from his father, Ibn Wahab, Ashhab, Ibnul Qasim and others from Malik’s friends. He befriended Ash-Shafi’i, studied with him and told him to recite over him and Ashhab. Muhammad was the most seated of the two. Ibn Harith said: “He (Muhammad ibn ‘Abdullah) was one of the scholars who was obviously one of the experts in thinking, discussing and arguing in the matters that were discussed and he was educated in his madhhab. People from Maghrib and Andalusia came to him for knowledge and fiqh. The leadership of Egypt was entrusted to him. He was born in 182 AH and died in 268 AH.

7). Muhammad bin Ibrahim bin Ziyad Al Iskandari who is known as Ibnul .Mawaz. He studied Fiqh with Ibn Majisun and Ibnul Hakam. He adhered to Ashbagh, and was the one who corrected his opinion in Egypt. He was well versed in Fiqh and fatwas and was good at them. He was born in 170 AH and died in Damascus in 199 AH.

Some of Malik’s friends from Africa and Andalusia were:

1). Abu Abdillah Ziyad bin Abdur Rahman Al Qurthubi “who was nicknamed Syabthun. He heard Muwatha’ from Malik. He has a book on fatwas heard from Ziyad. He narrated from a group including Al Laits ibn Sa’id and Ibn Uyainah. Ziyad was the first to bring Malik’s Muwatha’ to Andalusia, and he learned Fiqh by listening to it, then having it recited by Yahya bin Yahya. The people of Madinah called him Ziyad fagih Andalusia. He went to Malik twice. He died in 193 AH.

2). Isa bin Dinar Al Andalusi. He wandered and heard from Ibn Qasim and lamented over him. He went to Andalusia, and the fatwas revolved around him, with no one in Cordoba preceding him. There he was given the leadership after returning from the country of Machyrik. Ibn Qasim praised, honored and characterized him with Fiqh and wara’. There was no one in Andalusia who was more knowledgeable than him in his views. Ibn Aiman said: “‘It was he who taught the people of our time the issues. He was more learned than Yahya b. Yahya, even though Yahya was noble and of high status. Ibn Qasim accompanied him to three posts when he returned from them, so he was reviled, then he said: “Are you criticizing me because I accompanied someone who was not succeeded by someone who was more knowledgeable and wara’ than him?” He died in Thalithalah in 212 AH.

3). Yahya ibn Yahya ibn Katsir Al Laits, may Allah be pleased with him. During his development he heard Muwatha’ from Ziyad ibn Abdur Rahman then at the age of 28 he wandered, so he heard Muwatha’ from Malik other than some chapters in the kitabul i’tikaf where he doubted him, so he narrated it from Ziyad. He met Malik in 189 AH, the year of his death. He went to another place that specialized in Ibn Qasim. He studied fiqh, then came to Andalusia with much knowledge, so after ‘Isa ibn Dinar the fatwas in Andalusia reverted to his opinion. With Yahya and Isa the Malikite madhhab spread in Andalusia. Yahya always prioritized charity over knowledge. Ibn Lubabah said: “The Fagih of Andalusia is Isa b. Dinar, the scholar is Ibn Habib, and the scholar is Yahya and it was to him that the leadership of science in Andalusia was entrusted. He died in the year 234 AH.

4). Abdul Malik bin Habib bin Sulaiman As Salmi. He was from Thalithalah. His grandfather Sulaiman moved to Cordoba and his father during the fitnah of Rabadh moved to Birah. He studied in Andalusia and wandered in 208 AH, so he heard from Ibnul Majisun, Mutharrif, Abdullah bin Abdul Hakam, Asad bin Musa and others, He went to Andalusia in 216 AH, where he had accumulated a lot of knowledge. He stopped in Birah and his name in the field of knowledge and narration became known. Abdur-Rahman bin Hakam, the governor, transferred him to Cordoba and placed him in the group of muftis there, and he stayed with Yahya bin Yahya, who was the leader of the group in deliberations and discussions. Between these two men there was something very great. Yahya died before him, so he became the sole leader. Abdul Malik was a man who had memorized the Fiqh of the Malik school and knew it well, but he did not have the knowledge of hadith and did not know the saheeh of the hadith from its excerpts.

It is agreed that he was well-versed in Fiqh and knew literature, and Ibn Mawaz praised him for his knowledge and Fiqh. He is the author of the book Al. Wadhihah fis sunan wal Fiqh. In addition, he has several other works. He died in the year 238 AH.

5). Abul Hasan Ali bin Ziyad At Tunisi. He heard from Malik, Ats Tsauri, Al Laits ibn Sa’d and others, and there was no one like him in Africa at that time. He heard from Asad ibn Furat, Sahnun and others. He narrated the Muwaththa’ and some books from Malik. He was Sahnun’s teacher in Fiqh. Sahnun did not go to anyone from the people of Africa. He was a scholar in Qairawan, when they differed in a matter they would write to ‘Ali ibn Ziyad so that he would tell them what was right. Sahnun said: ” If ‘Ali b. Ziyad had a disciple then none of the Egyptians would have let him go, and none would have associated with him. He died in the year 183 AH.

6). Asad bin Furat.

Originally from Naisabur, he was born in Hiran in the village of Bakr, grew up in Tunisia and studied fiqh with ‘Ali ibn Ziyad. Then he traveled to Machyrik and heard the Muwathatha’ from Malik and others. He then traveled to Iraq and met Abu Yusuf, Muhammad ibn Hasan, Asad ibn Umar and other friends of Abu Hanifah, and studied Fiqh with them. Abu Yusuf learned Muwaththa’ of Malik from him (Asad bin Furat). Ja authored Al Mudawwanah which we will mention later. He died in the siege of Sargusah in 213 A.H. He served as a military commander and military judge.

7). Abdus Salam bin Sa’id At Tanukhi who was nicknamed Sahnun. He was originally a Shamite from Hamsh and his father was a military officer in Hamsh. He learned knowledge in Qairawan from his teachers, especially Ali bin Ziyad. where he went to him in Tunisia. Then he went to Egypt and studied with Ibnul Qasim, Ibn Wahab and other Egyptian scholars. He became the link between Malik and the students from the Maghrib. Then he went to Medina and met with its scholars after Malik died and in 191 AH went to Africa.

Abul Arab said: “Sahnun was trustworthy, a memorizer of knowledge, an expert in Fiqh, and he possessed traits that are rare in other people: he was an accomplished Fiqh scholar, an honest wara’i, persistent in truth, zuhud towards the world, modest in food and clothing, and tolerant.” He did not accept anything from the king. Perhaps he gave his friends 30 dinars or something else. Ibnul Qasim said: No African came to us like Sahnun”, When he arrived in Africa people were inclined and in love with him, His time seemed to be the beginning of which the previous time was erased. His friends were the lamp of the people of Qairawan, He was the compiler of the book Al Mudawwanah which became the guide of the people of Qairawan. In the year 234 Hi, he served as a judge in Afri. ka at which time he was 74 years old, and he remained a judge until his death. In all his trials he took no wages for himself, nor were there any gifts from the King. For his servants, writers and judges he took from the tax of the scribes. He struck quarrelsome people when some of them hurt others with words or when they refused to give testimony, and when they refused to give testimony he said: “How did they witness it?”. And he teaches the quarrelsman when he reviles the witnesses with defects or vilification, or he says: “Ask me about the witnesses, because they are like that?” so that he asks him about his revilement. And he says to the disputant: “I meant this of you and he of me under you.” He taught people the oaths that are not allowed in divorce and emancipation, so they swore only in the name of Allah. People always wrote their names on paper in front of him and they were called out one by one unless someone was in great need or distress. He died in 240 AH.

They were the ones who spread the Maliki madhhab in the Maghrib. As for Masyrik, there were no people who had seen or studied fiqh with Maalik, but there were people who had not seen or studied with Maalik, but were knowledgeable about the Maliki madhhab, namely:

1). Ahmad ibn Mu’dzil ibn Ghailan Al Abdi, a scholar of Fiqh, a mutakallim from the company of Abdul Malik ibn Majisyun and Muhammad ibn Maslamah. Ja was a scholar, an eloquent writer, and an expert in the Maliki school of Fiqh. He was a man of virtue, piety, religion and worship. In Iraq there was no one higher than him in the Maliki madhhab, and in Iraq there was no one higher in rank and more knowledgeable about the Maliki madhhab than him.

2). Abu Ishak Isma’il b. Isma’il b. Hammad b. Zaid, a judge. He grew up in Bashrah and settled in Baghdad. It was there that he heard hadith and studied Fiqh with Ibn Mu’dzil. He said: “I am proud of two people in Bashrah, Ibn Mu’dzil, who taught me fiqh.” It was from him that the people of Iraq learned fiqh. It was from him that the people of Iraq learned the Maliki school of Fiqh. Abu Bakr ibn Khaththab said: “Ismail was a great man, a scholar, an artist, an expert in the Fiqh of the Malik school, explaining, explaining and defending the Malik school with proofs. He compiled Al Musnad and several books of Qur’anic sciences. He collected the hadith of Malik, Yahya ibn Sa’id Al Anshari, and Ayyub As Sakhtabani.” Abul Walid Al Baji said: “Who is the one who reached the level of ijtihad and collecting knowledge?” So he said: “‘After Malik, it was only Isma’il, a judge, who reached that level.” He was a judge in Baghdad. He was the judge of Baghdad, and he collected knowledge at a time when no one had collected it before. It was to him that the courts of Madain and Nahrawanat were handed over, and eventually he became the Chief Justice of the Supreme Court. Abu Amr Ad Dani said: “Isma’il served as judge for 32 years”, and someone else said: “over fifty years”. He had works, some of which will be mentioned later. He was born in 200 AH and died in 282 AH.

Some of Malik’s friends who were the largest of the inhabitants of Ma. dinah were:

Abu Marwan Abdul Malik bin Aziz bin Abdullah bin Abu Salmah Al Majisyun maula Bani Tayim from Quraysh, Majisyun is a Persian word meaning the place of war. He was called so because his face was red. Abdul Malik was an eloquent scholar of Fiqh, and his days were occupied with giving fatwas until his death. Before that the mufti was his father. He became the mufti of the people in his time. He learned Fiqh from his father, from Malik and others. If Ash-Shafi’i mentions him then people do not know much about what these two men said, because Ash-Shafi’i studied literature with Hudzail in the countryside while Abdul Malik studied literature with his uncle in Kilb in the countryside. Yahya bin Aktham, a judge, said: “Abdul Malik is a sea that is not muddied by draughts”. Sahnun praised and honored him and he said: “I aspire to go to him, and I present him with these books. What he allowed, I allowed and what he rejected, I rejected”. Abu Habib praised him a lot and his understanding surpassed that of most of Malik’s companions. Many people learned fiqh from him, as did great Imams such as Ahmad ibn Mu’dzil, Ibn Habib and Sahnun. He died in 212 AH.

These are the figures of Malik’s friends and those who taught his madhhab. Their relationship to Maalik was that of a student to his teacher, and that of a narrator to a scholar, and they hardly ever differed from him except very slightly. If there was a difference of opinion among them, it was only because of different reports from Maalik or differences of opinion in understanding the texts narrated from him. Sometimes Ibn Wahab and Ibn al-Qasim differed from him, but as we said, only very slightly.

1. The third Imam, Ash-Shafi’i.

He was Abdullah bin Muhammad bin Idris bin Abbas bin Uthman bin Shafi’ Ash-Shafi’i Al Muththalibi, from Abdul Muttalib who was the fourth father of the Messenger of Allah (s.a.w), and the ninth father of Ash-Shafi’i. His mother was a Yemeni from Al Azdi, and she was one of the most intelligent women. His mother was a Yemeni from Al Azdi, and she was one of the most intelligent women.

Ash-Shafi’i was born in Ghuzzah in the year 150 AH in Asgalan. Ghuzzah was not the homeland of his ancestors, but his father named Idris came there for a need and died there, In that he had a son Muhammad. When Ash-Shafi’i was two years old, his mother took him back to his ancestral homeland of Makkah. There he grew up as an orphan in the care of his mother. He memorized the Qur’an while still a child. Then he went to Hudzail where they were as eloquent as the Arabs. He memorized much of their poetry and returned having acquired eloquence and literature. Then he studied with Muslim ibn Khalid Az Zanji, the shaikh and mufti of the haram and he graduated from him, so he was allowed to give a fatwa. Then Ash-Shafi’i asked him to make a letter of introduction to Malik bin Anas the imam of the land of Hijrah (Medina), so he made the letter for Malik who was a hadith expert. So Imam Shafi’i went to Madinah so that he reached Malik while he (Shafi’i) had memorized the book of Muwaththa then Shafi’i read it in front of Malik and the reading amazed Malik.

Ash-Shafi’i at that time studied Fiqh with Muslim bin Khalid and hadith with two great men who were the pinnacle of hadith in the Hijaz, namely Sufyan bin ‘Uyainah a Mecca muhadith and Malik bin Anas a Medina Muhadith. These two men were his greatest teachers and Ash-Shafi’i also narrated from them.

Ash-Shafi’i was not a rich man, so he needed a job to earn his sustenance and Mash’ab bin Abdi Uah Al Qurasyi, a Yemeni judge, helped him to take up a job in Yemen, so he took up the position and he did well in it. At that time the caliph was Harun Ar Rashid, between the family of Abbas and the family of ‘Ali there was a fierce rivalry and Ar Rashid was very afraid and prepared and he was worried about the movements of the family of ‘Ali and those who supported them. For his concern he made allegations and accusations against Ash-Shafi’i, he was accused of being a follower of the Shi’a and the land of Yemen was the place for most of the Shi’a who deceived Ibn Abbas and they spread the invitation of Shi’a among the members of the Shi’a, it was reported to Ar Rashid and Ash-Shafi’i was among them. So Ar Rashid ordered that they be brought before him, and they were brought. This incident took place in the year 184 AH.

It is said that the one who included Ash-Shafi’i in the accusation was Mutharif bin Mazin a judge of Shon’a and the one who brought them to Iraq was Hamad Al Barbari a wali of Yemen. He was their leader in Ar Rashid and he was in the city of Riqah.

Facing “Ash-Shafi’i on the charge of carrying a very serious danger if Allah did not break down Ar Rashid’s doorkeeper to him, Fadlal bin Rabi’ defended him so that Ash-Shafi’i was completely free. Some of the words of Ash-Shafi’i to Ar-Rashid in defense of himself against the charge of following the Shi’ah, were: “Did I leave the man who said: “Verily I am the son of his uncle (Ar Rashid) and I return to the one who says: “Verily I am his (the Shi’ah imam’s) servant.” These words had such a profound effect on the soul of Ar Rashid, that he sent for Ash-Shafi’i and contacted him. On this occasion, Ash-Shafi’i became acquainted with Muhammad ibn Hasan Ash-Shaibani, a friend of Abu Hanifah, and he studied some of the books of the Iraqi Fuqaha, and he followed the path of the hadith expert who was at his side. He had discussions with Muhammad b. Hasan which pleased him. The books of Ash-Shafi’i are full of these discussions. Ash-Shafi’i returned from Iraq to the Hijaz and settled in Mecca with a temporary take and give. Mecca was a place where scholars from all over came. Ash-Shafi’i mingled and discussed with them, he learned from them and they learned from him, until it became clear to him to come to Iraq for the second time in 195 A.H. After Ar Rashid died and Abdullah Al Amin came to power, he went there. On his arrival a group of Iraqi scholars gathered to study with him. It was there that he dictated his books written in the Iraqi madhhab or gadim madhhab. On this visit he visited Muhammad ibn Abu Hisan Az Zayadi. He stayed for two years and by that time Muhammad b. Hasan had died. Abu Hanifah’s greatest friend among the Iraqis was Hasan b. Ziyad Al Lu’lu’i, but Ash-Shafi’i did not pay as much attention to his discussions as he did to Muhammad b. Hasan. Then he returned to the Hijaz, at that time in Baghdad the narration of Ash-Shafi’i had spread and his method was followed by many Baghdad scholars. In 198 AH he came to Iraq for the third time and stayed there for a few months. From Iraq he went to Egypt and he stopped at Fusthath as an honored guest of Ab. dullah bin Abdul Hakam. Malik’s method had spread among the Egyptians and most of the Egyptian scholars followed him. Among Malik’s friends who heard his words and narrated from him were Abdullah bin Abdul Hakam and Ashhab.

In Egypt, the strengths of Ash-Shafi’i and the value of his words (opinions) became apparent, so he dictated his new book to his students in Egypt. That was his Egyptian madhhab or Jadid madhhab. He continued to live there until his death in 204 AH and was buried in the cemetery of Banu Abdul Hakam. The Egyptians honored him both during his lifetime and after his death. He was considered an Egyptian national where he used to be a Hijaz national. Ash-Shafi’i was an imam who propagated his own madhhab by traveling and he was the one who wrote his own books and dictated them to his students. This was not known among the other great imams.

The principle of the ash-Shaafa’i madhhab, as stated in his treatise Us Hul, is that he argues from the apparent meaning of the Qur’an until there is evidence to show that he does not mean the apparent meaning. After that, he is based on the Sunnah, and he has defended the practice of ahad hadith with all his might, so long as the narrators are connected to the Messenger of Allah (s.a.w.). He did not require the practice to corroborate the hadeeth as Malik did, and he did not require the fame of the hadeeth as the Iraqis did. This defense gained him such a large share among the hadith scholars that the people of Baghdad called him the helper of the Sunnah. He looked at the saheeh Sunnah as he looked at the Qur’an, where you see that each of them is obligatory. Then he practiced ijma’. The definition of consensus according to Ash-Shafi’i is that there is no known difference of opinion, because it is not possible to find consensus in his view, as we have stated. If there is no evidence that has been narrated, then he turns to Kiyas and applies it, provided that it has a specific point. He strongly rejected what the people called istihsan and what the Maalikis called istishlah, but he practiced something close to it, namely istid-lal. By bringing together the fiqh of the Hiyazis, the fiqh of the Iraqis, and the eloquence of the Bedouins, Ash-Shafi’i was able to make a distinctive connection between his discussions and his writings, which were not inferior to those of the most accomplished writers of the time, such as al-Jahizh and others like him.

The friends of Ash-Shafi’i and the narrators of his madhhab. Ash-Shafi’i had friends in Iraq and Egypt. His Iraqi friends included:

1. Abu Tsaur Ibrahim bin Khalid bin Yaman Al Kilbi Al Baghdadi. He studied Fiqh with ra’yu and took the opinions of the people of Iraq until Ash-Shafi’i reached Baghdad where he differed with him and studied with him (Ash-Shafi’i). He was counted as a Shafi’i fuqaha’ even though he did not follow Ash-Shafi’i and even analyzed him when it was clear that there was other evidence for him. He selected opinions for himself and they became a particular madhhab. He had followers, but not for long. Abu Amr ibn Abdul Bar said: “He was a good thinker, trustworthy in what he narrated, except that he had sydaz opinions that differed from the majority and they counted him as one of the fuqaha’ imams. Some of the issues on which he differed from the Jum: hur or Ash-Shafi’iyah were:

1). According to all of the fuqaha’ except Abu Tsaur, the debt takes precedence over the wasiyat, but according to Abu Tsaur the wasiyat takes precedence over the debt, because of the apparent meaning of the words of Allah, may He be exalted.

Meaning:

“The divisions shall be (after) the fulfillment of the wills he made or (and) after the payment of his debts. “x)

2). Return on account of a defect, in which the person is willing to do so only in words, or by doing something that makes sense, which, if said in words, would indicate that he is willing. According to the Ash-Shafi’i madhhab, the return on account of a defect is immediate.

3). If two people do ijtihaad about the qiblah, and one of them comes up with a different ijtihaad from that of the other, then it is permissible for each of them to pray in his own direction. Obviously, this opinion is different from that of other people. Abu Tsaur died in 240 AH, according to Ibn Khilikan he died in 246 AH.

1. Ahmad b. Hanbal. His narration will come in a special biography.

1. Hasan bin Muhammad bin Shabah Az Za’farani Al Baghdadi. He is the most reliable narrator of the Gadim madhhab, and the Book of Iraqi is attributed to him. He was the one who recited in the assembly of Ash-Shafi’i. His recitation was heard by Ahmad, Abu Tsaur and Al Karabisi. He was sent to the village of Sawad called Za’faraniyah. Then he settled in Baghdad on some of its streets, and the streets were named after him.

Zafarani heard from Sufyan ibn ‘Uyainah, Ash-Shafi’i and others. Al Bukha ri and other hadith imams besides Muslim narrated from him. Ash-Shafi’i was so impressed with his eloquence that he stated about him: “I saw in Baghdad a Nabthi who spoke to me as if he were an Arab and he was a Nabthi. He died in the year 260 AH:

1. Abu Ali Al Husain bil Ali Al-Karabisi. He first studied the Fiqh of the Iraqi madhhab, and then he studied Fiqh with Ash-Shafi’i. From Ash-Shafi’i he heard hadith and also from other people. Ash-Shafi’i gave him the books of Za’farani. People avoided narrating hadeeth from him, because Ahmad ibn Hambal reviled him on the grounds of the issue of pronunciation, namely that the Qur’anic verses are said to be created. This is astonishing. Muhammad ibn ‘Abdullah Ash-Shafi’i said to his students: “Take a lesson from these two men, Husayn al-Karabisi and Abu ‘Tsaur, Husayn in his knowledge and memorization, and Abu ‘Tsaur cannot attain one-tenth of his knowledge.” Ahmad said that because of this he fell, and he praised Abu Tsaur and asked him about his knowledge.

1. Ahmad bin Yahya bin Abdul Aziz Al Baghdadi was a scholar of Kalam, He was among the great friends of Ash-Shafi’l who continued to be with him in Baghdad, then he became a friend of Ahmad bin Abu Dawud and followed his opinion. Abu Ashim said: “He was a memorizer of hadith, an expert in worship and an expert in fatwas”, he (Abu Ashim) said: “Ash-Shafi’i forbade him to read his books because he thought he was bad.” He followed the opinions of the Mu’tazilah, which brought him down.

Ibn Subki said: “He also speaks of matters that are not permissible. He is of the view that divorce is not permissible by means of attributes, with the proof that mut’ah marriage is not permissible because the contract is dependent on an attribute. Similarly, divorce by attributes is a contract that is contingent on it.” He (Ibn Subki) said: “This is an invalid view because it undermines consensus, and it is the view of the Zhahiriyah, as Ibn Hazm explained in al-Muhalla. But the one who said: “When the beginning of this month comes, you are divorced,” or mentioning any time, then the woman is not divorced, not now, and not when the beginning of the month comes. Perhaps this is the independent view of the Zhahiriyah.

Some of the people who studied Fiqh with Ash-Shafi’i’s friends from Iraq were:

1). Dawud b. ‘Ali, the imam of the zhahir and whose biography we will specialize in.

2). Abu Uthman ibn Sa’id Al Anmathi. He learned from Al Muzni and Rabi”, he was the one who made the books of Ash-Shafi’i famous in Baghdad and Ibn Suraij learned Fiqh from him. He died in 288 AH.

3). Abdul Abbas Ahmad ibn Umar ibn Suraij. He heard from Hasan Az Za’farani and others. He studied Fiqh with Abu Qasim Al Anmathi. He surpassed all of Shafi’i’s friends up to Al Muzni. Shaykh Abu Hamid Al Asfarani said: “We studied with Abul Abbas the details of fiqh, not the details.” He was the first to open the chapter on thinking and fiqh. He was the first to open the chapter of thinking and taught people the method of debate. He wrote many books, and it is said that he wrote over 400 books. There were famous discussions between Abul Abbas Ahmad and Dawud ibn ‘Ali Azh Zhahiri and his son Muhammad. He died in the year 306 AH.

4). Abul Abbas Ahmad bin Abu Ahmad Ath Thabrani who is known as Ibnul Qashi. He studied Fiqh with Ibn Suraij. He has famous essays such as At Talkhish, Al Miftah, Adabul Qadli and others. He had a book on Ushul Fiqh and he was a just imam. He died in 335 AH.

5). Abu Ja’far Muhammad ibn Jarir Ath Thabari, and his narration will be mentioned specifically.

Ash-Shafi’i’s friends from the Egyptians were:

1). Yusuf bin Yahya Al Buwaithi Al Misri. He was a big friend of Ash-Shafi’i from the Egyptians. He studied Fiqh with Ash-Shafi’i. He narrated hadith from Ash-Shafi’i, Abdullah bin Wahab and others. He had a famous mukhtashar summarizing the words of Ash-Shafi’i, which Ash-Shafi’i relied on in his judgments and returned to him when problems arose. He was made the leader of his companions after Ash-Shafi’i died. Imams scattered in several countries studied with him, and they spread the knowledge of Ash-Shafi’i throughout the world. He died in the year: 231 AH in prison in Baghdad because of the issue of kemakhluqan. Qur’an.

2). Abu Ibrahim Ismail bin Yahya Al Muzni Al Misri. He was born in 175 A.H. When he grew up he studied science and narrated hadith, so when Ash-Shafi’i came to Egypt in 199 A.H. he studied Fiqh with him. Abu Ishag Ash-Shafi’i said: “He was a zuhud, a scholar, a mujtahid, a thinker, a proof-teller, and he was well-versed in understanding”. Ash-Shafi’i said of him: “Al Muzni is the helper of my madhhab”. He was the one who compiled the books that became the source of the Ash. Shafi’i madhhab. Many scholars of Khurasan, Iraq and Sham studied with him. He died in 264 AH.

Sometimes Al Muzni deviated from the madhhab of his teacher and chose his own opinion. The Shafi’is do not count his choices as opinions of Asv Shafi’i’s madhhab, but there are not many of them.

3). Rabi’ bin Abdul Jabbar Al Muradi their maula, a muadzdzin in the ancient mosque. He was born in 174 A.H. He was associated with the Ash-Shafi’i school. He narrated many of his books, was trustworthy and firm in what he narrated so that if in a narration there was a fight between him and Al Muzni then his friends gave precedence to his narration (Rabi’) even though Al Muz-ni was a man of high degree of jlmunya, religion, nobility and conformity of what was narrated to the rules. From all over came to Ra-bi’ to study the books of Ash-Shafi’i. He died in the year 270 AH.

4). Harmalah bin Yahya bin Abdullah At Tajibi. He was born in 166 A.H. He was a great imam and high in dignity. Most of his hadith are from Ibn Wahab. He studied Fiqh with Ash-Shafi’i and compiled books in his madhhab. Ashhab said about him: “This man is the best of the mosque scholars”. He died in the year 243 AH.

5). Yunus bin Abdul A’la Ash Shadafi Al Misri, born in 170 AH, heard hadith from Sufyan bin ‘Uyainah, Ibn Wahab and others. He studied al-Fiqh with Ash-Shafi’i and he was at the peak of scientific leadership in Egypt. It is narrated from Ash-Shafi’i that he said: “‘I see in Egypt no one more astute than Yunus ibn Abdul A’la”. He died in the year: 264 H.

6). Abu Bakr Muhammad ibn Ahmad, known as Ibn Haddad, was born on the day Al Muzni died. He had a distinctive knack for memorizing the Qur’an, was an imam of Fiqh in his time and a vast sea of languages. As for his grasp of detailed insights and his ability to find solutions to arising issues, people have agreed that he was second to none in this regard, and no one has succeeded him. He had a brilliant book on Fiqh, a book on court decorum and so on. He was one of the best Egyptian scholars of jurisprudence. He died in 345 AH.

The people we have mentioned are well-known friends of Ash-Shafi’i who are the source of those who study his knowledge, because they compiled and wrote. In addition, they had many other features. Their relationship with Ash-Shafi’i was like that of Malik’s friends and they did not disagree with him.

1. The fourth Imam was Ahmad bin Hambal.

He was Ahmad bin Hambal bin Hilal Adz Dzahili. He was born in 164 A.H. He heard the great masters of hadith from Hashim, Sufyan bin Uyainah and others of the same level, Al Bukhari, Muslim and others of the same level, narrate from him. He multiplied his search for hadith and memorized them so that he became the imam of the hadith experts of his time. Ash-Shafi’i said: “I left Baghdad and there I left no one better, more knowledgeable and more expert in Fiqh than Ahmad ibn Hambal. He studied fiqh with Ash-Shafi’i when he came to Baghdad, and he was a famous student of his among the people of Baghdad, then ja Ijtihad for himself. He was one of the mujtahid hadith scholars who accepted the ahad hadeeth unconditionally as long as its chain was saheeh, like the way of Ash-Shafi’i, and he gave precedence to the opinions of the Sahabah over kiyas. Including Ahmad in the rijalul hadith is stronger than including him in the fuqaha . He compiled a Musnad that contains over 40,000 hadith. His son Abdullah narrated from him. In the field of ushul he has the book of Tha’atur Rasul, the book of Nasikh and Mansukh, and the book of Ilal.

Some of the famous people who narrated his madhhab were Abu Bakr Ahmad ibn Muhammad ibn Hani’, known as Atsram, who authored Sunnan fil Fiqh ala madhabi Ahmad (Sunnahs on Fiqh according to Ahmad’s madhhab) and he had the testimony of hadith, Ahmad ibn Muhammad ibn Hajaj Al Marwazi authored Sunan bi syawahidil hadith (Sunnahs with hadith witnesses). And Isaac ibn Ibrahim, who is known as Ibn Rahawaih Al Marwazi and was a great friend of Ahmad, also authored the book As Sunan fil Fiqh (Sunnahs on Fiqh).

Ahmad ibn Hambal was the one who was subjected to the famous test of the deity of the Qur’an. Many of the hadith scholars accepted Al Ma’mun’s invitation to say that the Qur’an is a creature. But he (Ahmad) stood firmly and steadfastly and did not waver in the slightest from 218 A.H., the year in which Ma’mun’s proposal began, until 233 A.H., the year in which Al Mutawakil refused to accept it, leaving people free to choose what they believe, This steadfastness, regardless of right or wrong, made Ahmad ibn Hambal a noble man, and he was held in high esteem by the scholars because he endured painful things in order to keep his beliefs, which is one of the most beautiful adornments that people wear.

The four ‘ams were the jumbur imams of Islam, whose madhhabs were well known, recorded and still exist today.

Shi’ah Imams.

During this period, two Shi’a schools of thought became known, namely the Zaydid Shi’a and the Imamiid Shi’a. The Zaydiyah Shi’a identified themselves with Zayd b. ‘Ali b. Husayn b. ‘Ali b. Abu Talib who pounced on Hisham b. Abdul Maluk in Kufa, and from among them were those who demanded the caliphate over the Umayyads and the ‘Abbas. Bani Abbas, and they gained some victory in the countries of Thabaristan and Yemen. Part of the foundations of this madhhab was that it required jijtihad for its imams. That is why there are many mujtahid imams among them who have opinions in fiqh. The greatest scholar of this period was the Imam who helped the truth, Hasan ibn ‘Ali ibn Hasan ibn Zayd ibn ‘Umar ibn ‘Ali ibn Husayn ibn ‘Ali. He compiled books according to the Zaidiyah madhhab in matters of fiqh such as the book of Thaharah, the book of Adhan, etc.

Some of them were imams who called to the truth, namely Hasan bin Zayd bin Muhammad bin Isma’il bin Hasan bin Zayd bin Hasan bin Ali. Hasan was a generous scholar who revolted in the land of Thabaristan and ruled it in 250 A.H. He served as king until his death in 270 A.H. He compiled a complete book on Fiqh, the book of Al Bayan and others.

Some of them were Qasim bin Ibrahim Al Alawi Al Barisi who was a Sha’dah ruler from Yemen, 246-280 AH The Zaydiyah Al Qasimiyah attributed their allegiance to him. He had several books including the book of drinks, the book of oaths and vows.

Some of them were Yahya b. Hasan b. Qasim b. Ibrahim imam Sha’dah 280-196 A.H. It was to him that the Zaidiyah Al Hadawiyah owed their allegiance. He had a complete book on Fiqh. During this period, many of the scholars and muhadithin, when it came to the issue of the Imamate, held the view of the Zaydid madhhab.

Most of Yemen is Zaidiyah Shi’ism. This sect is the closest sect to the Jumhur school because the Zaydiyah do not deny the two Shaykhs (Abu Bakr and Umar), although they hold that ‘Ali is superior to them.

As for the Shi’a Imamiyah Itsna ‘Assariyah their greatest imam of this period was Imam Abu Abdullah Ja’far Ash Shadig. He was among the leaders of the ahl al-bayt (family of the Prophet) and was called Ash Shadig because he was honest in his deeds. He was born in 80 A.H. Malik ibn Anas, Abu Hanifah and many of the scholars of Madinah narrated from him but Al Bukhari did not narrate his hadith. On him and his father Abu Ja’far Al Bagir mentioned earlier, the Fiqh of the Imamiyah Shi’a was composed. Their authors written in this period are Abu Nadhar Muhammad bin Mas’ud Al ‘Iyashi and Abu Ali Muhammad bin Ahmad bin Junaid. Some of the most famous among them were Zurarah b. A’yun, who was the greatest of the Shi’a in Fiqh and hadith and knew the science of kalam and Shi’a matters. He was among the companions of Abu Ja’far Al Bagir. Some of his sons were Husayn Ibn Zurarah and Hasan ibn Zurarah who were friends of Abdillah Ja’far Ash Shadig.

This school is based on the opinion that the Imams are ma’shum (preserved from sin) and Ali r.a. was the one who received the bequest of the Messenger of Allah (s.a.w.). This can be known by the evidence and secrets of the Shari’ah, and ‘Ali conveyed it to the one who would succeed him in the Imamate. Therefore, the opinion of the Imam is like the texts of the Shari’ah to them, and the rulings are not derived by jurisprudence and reasoning, but they are derived from the infallible Imam. Hence, according to them, ijma’ and kiyas are not included in ushul fiqh, because ijma’ does not include opinions other than those of the Imams. And kiyas is ra’yu, but people (other than the Imams) cannot take ra’yu. According to them, it is permissible for them to give opinions based on tagiyyah, which is when a person comes up with something that he has no knowledge of out of fear that something bad will happen to the one who comes up with it. That is why you can see in their books that when there are different reports from their imams, they take the report that agrees with the majority. That is only said on the basis of tagiyyah. That is what they take.

Some of the things that show the influence of politics on legal reasoning are the Shi’a Imamiyah’s agreement that the son of a maternal uncle takes precedence over a paternal uncle in inheritance, even though they are all of the opinion that the distribution of inheritance is based on kinship, so that whenever a person is closer to the deceased, he is more entitled to inherit than someone who is farther away. Therefore, they are of the opinion that the son of a maternal uncle takes precedence over his maternal uncle in receiving the inheritance, but they give precedence to the latter. Why is that? Because they wanted Ali bin Abu Talib to take precedence in inheriting from the Prophet s.a.w rather than Abbas. Some of their opinions that contradict the majority are as follows:

1). A sister’s daughter is not given in marriage by her maternal uncle except with his permission. And a maternal aunt marries off a sister’s daughter without her permission. The same applies to paternal aunts and daughters of brothers.

2). They forbade marrying Christian and Jewish women, and they regarded the texts about it being permissible as being abrogated by the words of Allah, may He be exalted:

Meaning:

And do not hold fast to (marriages) with disbelieving women 1).

3). The sick person cannot divorce, but ja can marry. If he marries and has intercourse with his wife then that is permissible. If he does not have intercourse with her during his sickness until she dies, then the marriage is void, and the woman does not receive any dowry or inheritance.

4). It is not forbidden to breastfeed except one day’s and one night’s breastfeeding or fifteen consecutive suckings from one woman who is not separated by another woman’s breastfeeding.

5). Indeed, the divorce commanded by Allah in His Book and in His Sunnah is when a woman has her period and is pure from it, and her husband witnesses it to two fair witnesses before he has intercourse with her, then he has the right to refer her while she has not menstruated three times. If he refers her, then she is on her husband’s side with two more divorces. If she has passed three menstrual cycles before he refers her, then he has power over her. If he wishes, he shall propose to her again with the suitors. If he marries her, then she is given two divorces. A divorce that is not so is not a divorce.

6). Whoever says to his wife: “You are forbidden to me” or he divorces his wife bain or forever, relinquishes or vacates, none of that is a divorce. The divorce is only if he says to his wife before the ‘iddah, after she has become pure from her period, before having intercourse with her: “You are a divorced woman”, or “take your ‘iddah”, by which he means to divorce her, and it is witnessed by two just witnesses.

7). Three divorces in one gathering count as one. And other opinions that are based on the opinions of their imams.

THE MADHHABS THAT HAVE PERISHED.

Some of the madhhabs of the fuqaha’ had followers who practiced them, but at one time they were defeated by other madhhabs that came later, so that their followers waned. The followers of this madhhab dwindled. The famous imams of this madhhab are:

1. Abu Amr Abdur Rahman ibn Muhammad Al Auzai Auza” was a clan from Dzul Kala” in Yemen, or a village in Damascus on the way of the door of Faradis, where Abu Anr stopped among them so he attached himself to them. His family was from the captivity of Ainut ‘Tamar. He was born in Ba’labaka in 88 A.H. When he was young he learned Hadith, so he narrated from Atha’ ibn Abu Rabah, Az Zuhri and those of equal rank, and from him the great men of hadith narrated. Al Auza’i was a gentle writer, ja had influential letters and he was highly civilized. Walid’ bin Martsad said: “The words of a great man are not heard unless the listener needs to be established by them and I do not see him chuckling”. Some of his sayings were: “When Allah wills evil for a people, He opens debate among them but they do not want to practice it. ” He said in part: “Woe to the one who learns fiqh not for the purpose of worship, and woe to the one who makes haraam things permissible by means of shubhat. Part of his witnessed agreement was his conversation with ‘Abd Allah b. ‘Ali when he arrived in Sham to fight the Umayyads. Abdullah b. ‘Ali called out to him while he was in the midst of his army with his sword drawn, saying: “What do you think of the blood of the Umayyads?” He said: “There is a treaty between you and them, and you should fulfill it”, he said: “Dear you, suppose there is no covenant between me and them!” He said: “My soul is lazy and hates to fight and I remember my position before Allah”, and I said: “Their blood is forbidden to you”. So he became angry, his eyes and neck strained, then he said: “Dear you, and why?”‘I said: The Messenger of Allah s.a.w said:

Meaning:

“The blood of a Muslim is not permissible except with one of three, namely: the adulterous widow, the soul for soul (gishash) and the one who abandons his religion”.

He said: “Dear you, is that not a religious matter for us? “I said: “how is that?” He said: “Did not the Messenger of Allah (s.a.w) make a will to Ali?” I said: “‘If he had testified to him, then what would have been the ruling on the two governments (those of Caliph Abu Bakr and Caliph ‘Umar)?” Then he became silent and angry, and I bowed my head, he lay down in front of me and spoke with his hand like this, he motioned to go out, so I went out, Al Auza’i was among the hadith figures who disliked kias, the people of Sham practiced his madhhab and the judge of Sham was also his follower. Then the madhhab of Al Auza’i moved to Andalusia with those who entered it from the followers of the Umayyads, then the madhhab receded before the madhhab of Ash-Shafi’i in the Levant, and before the madhhab of Malik in Andalusia in the middle of the third century AH. Al Auzadi died in 157 AH.

2. Abu Sulaiman Dawud ibn Ali ibn Khalaf Al Ashbihani, known as Azh Zhahiri, was born in Kufa in 202 AH. He learned knowledge from Isaac bin Rahawaih, Abu Tsaur and others. He was the most fanatical of Ash-Shafi’i and compiled a book on his virtues and praised him in two books. He was the leader of knowledge in Baghdad. Then ja created a school for himself, the basis of which was to follow the texts of the Qur’an and Sunnah as long as there was no evidence to suggest from them or from consensus that what he meant was not the texts. If there is no text, then it is based on consensus, and kiyas is to be rejected forever, and he said: “The general nature of the texts of the Qur’aan and Sunnah is something that can be answered perfectly.”

Dawud composed many books, including a book on the chapters of fiqh, a book on ushul, a book on the annulment of taklid, a book on the annulment of kiyas, a book on ahad hadith, a book of hadith that must be known, a book of proofs, a book of specific and general, a book of mufassar and mujmal and so on. Among those who studied and practiced his madhhab was his son Muhammad, who was a great man, a writer, a poet, a historian, and one of the cleverest, and he compiled many books. Among his followers and authors of his madhhab was Abul Hasan Abdullah ibn Ahmad ibn Muhammad ibn Mughlis, who was the pinnacle of the leadership of the followers of Dawud in his time and after him there was no one like him. He was a man of honor, nobility, honesty, trustworthiness and precedence over all people. He died in 324 A.H. The Dawudite madhhab continued to be followed until the middle of the fifth century, then subsided. He had opinions that contradicted the majority because they were arrived at by not using kiyas, ra’yu and following the text of the Qur’an and Sunnah.

I have studied the book Al Muhalla by Abu Muhammad Ali ibn Ahmad ibn Sa’id ibn Hazm Al Andalusi who died in 456 A.H. In it I have seen many of these problems. Now I am going to tell you about some of them:

1. The divorce does not take place except with one of three words: talak (to divorce), tasrih (to let go), fIraq (to separate) and a word that comes out (musytag) of it, if he intends to divorce. If he says: “I do not intend to divorce” then it is correct in the fatwa and not correct in the divorce, and the things that go along with it in court, and all of them are also correct in court. Apart from these words, divorce does not take place at all, whether he intends to divorce or not, not in a fatwa and not in a court of law, such as vacating or releasing and you are a woman who is released, I have released you, I have given you to someone else, and I have given you to your family or someone who is mentioned other than family. Forbidding and choosing is owning.”
2. It is not permissible to deputize in divorce.
3. If a man divorces his wife and she is absent (ghaib), this is not a divorce, and she remains his wife. If one of them dies, they inherit from each other. The rights of husband and wife remain the same for both of them, whether he has intercourse with her or not, three times or less until the husband reaches her. If the husband reaches her by means of a corroborating report or a witness acceptable to the court, then divorce is obligatory if the woman is pregnant or chaste and has not had intercourse.

4- If a divorcee divorces unintentionally but his tongue is mistaken, if there are witnesses, the divorce is final. If there are no witnesses and he asks for a fatwa then the divorce does not fall.

5 – The oath of divorce is not obligatory to lose the good or break it, because by it a divorce does not fall except for the divorce or oath that has been commanded by Allah through the mouth of His Messenger (s.a.w).

6. Divorce by attributes is like divorce by oath. All of these do not constitute divorce except in the way Allah, may He be exalted, has commanded and taught, which is to divorce deliberately. Anything other than that is void and transgresses the limits of Allah.
7. Whoever says: When the beginning of the month comes, you are divorced,” or he mentions any time. This does not invalidate the divorce, either now or when the beginning of the month comes.
8. Whoever authorizes his wife to cheat on him is not obliged to do so, and it does not make him divorced whether she divorces him or not.
9. If a woman hates her husband and fears that he will not fulfill her rights, or fears that he will hate her so that she will not fulfill her rights, then she should pay a ransom to him, and he should divorce her, if he is willing. If not, then the husband cannot be compelled and the woman cannot be compelled. It is permissible with the consent of both of them, and it is not permissible to start it except on the basis of one of these two things or a combination of them. If it is for any other reason, then it is null and void, and the husband returns what he took from her. And the wife is as she was, and the one who abused her is to be prevented. The woman is to make restitution with all that she has, and it is a raj’i divorce except when the husband has divorced her three times or at the end of three divorces, or she has not had intercourse. If the husband reconciles with her during the ‘iddah, it is permissible whether the woman likes it or hates it, and the husband returns what he took from her.
10. Talak and ruju’ are not valid without the testimony of two fair witnesses.

It is clear that the freedom of opinion and reasoning in Baghdad was privileged for the scholars, who were able to enjoy themselves to the full, and they were not subjected to the pain of disagreeing with other fuqoha. In Andalusia, however, such freedom did not exist, and Ibn Hazm became the target of the hatred of the fuqoha of his country because his opinions differed from their madhhab. The emirs pressured him, warned him and frightened him, but he was not afraid and did not limit his opinions. And he was a man of great spirit, and every great man will endure painful things in the exercise of his beliefs. We are not here to justify or condemn any opinion. We are only describing a picture of the past.

I have seen a chapter in the Thabagat Ash-Shafi’iyah by Ibn Subki which deals with the opinions of the Zhahiri, whether he adheres to their rulings in the branches or not. In this regard, we are told that there are three opinions, namely:

1. It is counted absolutely, which is the saheeh view.
2. It does not count as absolute and ustadz Abu Ishak attributed it to the majority.
3. It counts, except in a case that contradicts the jali qiyas, Ibn Subki narrated from his father that Dawud did not deny the jali qiyas, he only denied the khafi qiyas. Ibn Subki quoted a phrase from Dawud’s treatise entitled Al Usnul, in which he said: “Ruling on the basis of kiyas is not obligatory and ruling by istihsan is not permissible.” Then he said: It is not permissible for the Prophet (peace and blessings of Allaah be upon him) to make something other than what has been forbidden forbidden forbidden, because that is a shubhat (doubtful) except when he points out the reason for the prohibition, such as when he said: “I forbid wheat with wheat because it is measured, or I wash this garment because it has blood on it, or I kill this garment because it is a big snake.” By this it is understood that what makes the ruling obligatory is the cause and what does not is ta’abbud. Anything that goes beyond that is to be ignored, and it comes under the heading of something that is excused. It is as if he did not call Qiyas something whose illat is already contained in the text.

3. Abu Ja’far Muhammad bin Jarir bin Yazid Ath Thaba ri. He was born in 224 H. in Amil, Thabaristan. He studied and traveled around several countries so that he accumulated knowledge that no one in his time equaled him. He memorized the book of Allah (Algur’an), knew the rules used by the sahaabah and tabi’in, knew about warfare and history. He had a famous tale of narration in which no one was more reliable than him in the Arabic tale of narration. He has a book of tafsir that no one else has written. He has a book of Tahdzib al-Tahsar that no one else has written, and he has a book on the differences of opinion of the fuqoha, of which I have seen a gith’ah preserved in the Egyptian library, which shows that he had great knowledge and a great mind. At first, he studied the fiqh of the ash-Shaafa’i madhhab, which he received from Rabi’ ibn Sulaiman in Egypt. He learned the fiqh of Malik from Yunus ibn Abdullah A’la and Banu Abdul Hakam. He learned the fiqh of the Iraqis from Abu Mugatil in Raja, then his knowledge expanded and his ijtihad led him to the opinions that he chose in his fiqh books, including Latiful-gaul, which is something that is chosen to exist, and Al-Khafif, which was compiled at the request of Vizier Al-Muktafi, then he began with Al-Basith, in which he discussed the chapter on purification and prayer as much as possible, the chapter on government, knowledge and law.

Some of his companions who were experts in Fiqh were Ali bin Abdul Aziz bin Muhammad bin Ad Daulabi. He had several books, including the book of Ar Radd’ala Ibni Mughlis (Refutation of Ibn Mughlis) some of the companions of Dawud mentioned earlier, and the book of Af ‘alun Nabi s.a.w (deeds of the Prophet s.a.w). Some of them were Abu Bakr Muhammad bin Ahmad bin Muhammad bin Abu ‘Tsalj Al Katib. Some of them were Abu Hasan Ahmad bin Yahva, an astronomer and expert in kalam. He has an introduction to the madhhab of al-Tabari and aids his madhhab, a book on Ijma’ in Fiqh according to the madhhab of al-Tabari and a book of refutation of those who disagree. Some of them were Abul Faraj Al Mu’afi ibn Zakariyya An Nahrawi, who was second to none in the madhhab of Abu Ja’far, and he memorized his book. In addition to that, he was a man of great knowledge, a leader and a consultant who was very astute, had a good memory, and was quick to answer questions, and he compiled many books of fiqh according to the madhhab of al-Tabari.

This madhhab continued to exist, be known and practiced until the middle of the fifth century. This is the madhhab that was famously practiced for a while, then its popularity waned and it was reduced to the pages of books. There were countless other imams who did their own ijtihad, and those who propagated their madhhab did not find it easy to gain followers, such as al-Laits ibn Sa’d, the Imam of Iraq and a friend of Maalik, who, according to ash-Shaafa’i, was more skillful than Maalik, but his friends did not pass him on. And there are many others, but this paper is too small to exhaust their histories.

In conclusion, this was a glorious period of ijtihad and taklid had no effect, more so during the first period of the disciples of the Imams. As for the later period the smell of taklid had appeared, but it soon disappeared whenever someone from among them felt capable of ijtihad and reasoning. Freedom of opinion is broad. And I will mention below a chapter on why the four madhhabs spread and why the majority of Muslims were content with them.

9. Division of issues.

The state of Fiqh before this period was easy because Fiqh at that time was limited to issuing rulings on events that occurred, and they did not extend it to issuing rulings on a problem that they envisioned.

In this period, the fuqoha have expanded in creating problems and inferring their rulings.

Most of them relied on the power of imagination, so they issued thousands of problems to the people, some of which may be realized, and some of which are something that people do not think about and do not perceive. The majority of the fuqaha’ of the major countries who are of the view that kiyas is a part of fiqh, outnumber Iraq in this regard.

Part of what was decided astonishingly was that they made three issues the basis for hundreds of problems that are difficult to find answers to, namely:

1. Slaves and their treatment.
2. the wife and her divorce.
3. the oath and its violation.

With regard to slaves, it is clear that this is a problem, because there are many slaves before them, so they focus their minds on their rulings, so you do not see a chapter in the chapters of mu’amalat except that most of the issues are based on slaves, both male and female. You see that in buying and selling, leasing, partnerships, pledging, wasiyat, emancipation and so on.

With regard to women and divorce, it has taken a lot of thought, and I hope that I have reached the point that their thoughts have raised in the issues that they have raised concerning divorce, but I have not found any help with the issues that are imaginable, although in this case we can say that they have prepared answers to events, so that a mufti or gadhi does not get stuck when he comes across them. As for the issues that are difficult to imagine, we are more astonished and saddened by the time that has been devoted to them. I read in Al-Jami’ul Kabir by Imam Muhammad bin Hasan the following: When a man has three wives, one named Zainab, another Umarah and another Hamadah then he says to Zainab: “If I divorce you, then Umarah is the divorced woman”, Then he says to Umarah: “If I divorce you then Hamadah is a divorced woman” – then he said to Hamadah: “If I divorce you then Zainab is a divorced woman”. Then he divorced Zainab with a single divorce, so Zainab was divorced with the divorce that was given to her, and Umarah was divorced with a single divorce, and divorce does not fall on anyone other than these two. If he does not divorce Zainab, but divorces Umarah, then Umarah is divorced with the talaaq that was given to her, and Hamadah is divorced because of the offense, and Zainab is not divorced at all. If he does not divorce Umarah, but divorces Hamadah, then Hamadah is divorced by the divorce he pronounces, and Zainab is divorced by one divorce (thalak) for being transgressed against, and Umarah is divorced by another divorce for being transgressed against because he (the man) transgressed against Zainab, then Umarah is divorced for his transgression against Zainab if the man does not at all divorce his wife from them but he says: “One of you is divorced”, then he died before explaining which of them he had divorced, so Umarah received half of the dowry and no inheritance, and Zainab and Hamadah received one quarter of the dowry by division, and both received half of the inheritance by equal division (half) and the half inheritance was returned to the heirs, because Umarah was divorced in every situation, while Zainab and Hamadah were divorced at one time, and at one time one of them was divorced. Both of them at one time were entitled to one dowry, and both of them were entitled to inherit, and at one time neither of them were entitled to inherit, and both of them were entitled to one half of the inheritance to be divided equally between them.

Then it was stipulated in another matter that in addition to these wives, if the man does not have sexual relations with four of them, then the number of divorces will increase. I read in the book Al-um by Imam Muhammad Idris Ash-Shafi’i about:

Thalak by count.

Ash-Shafi’i (may Allah have mercy on him) said: “If a man says: “You are divorced from one, before one”, or “one after one”, then that would be two thalaks. If he says: If he says: “I meant one and I did not intend what came before or after it” then he does not owe her a legal debt, and the debt is between him and Allah ta’ala. If he divorced her once and then reconciled with her, then he said: “You are a woman who was divorced once before,” then he would say: “I wish that I had divorced her once before, to which he swore an oath and which he owes according to the law. Had he said: “You are a woman who has been divorced one after the other,” then he is silent, then he says: “I wish that I had divorced you after a certain time, or that I had not divorced you except after that,” then that is not a debt according to the law, and it is a debt according to what is between him and Allah, may He be exalted.

If a man says to his wife: “Your body, or your head, or your feet, or your hands, or he mentions his limbs, or his fingers, or the tip of what is on them,” his wife is divorced. If he had said: “A part of you or a part of you is divorced” or he mentions a part of his thousand parts, then his wife is divorced, because the divorce is not divided. If he had said to her: “You are divorced for two halves of a thalak” then she is divorced for one unless he wanted two thalaks. Or he said: I want half of the ruling to fall, and the other half to be exempted from the ruling,” then she is divorced in two cases. The same applies if he said: “You have been divorced three thirds or four quarters,” then each of these is one divorce, because every divorce involves two halves, three thirds or four quarters, unless he intends more, then it falls by intention with the words. If a man looks at his wife and she is with another woman to whom he has no right, then he says: “One of you is divorced,” then the word (to be taken) is his word. If he meant his wife then she is divorced, but if he meant the other woman (ajnabiyah) then she is not divorced. If he says: “I want another woman” (ajnabiyyah) and swears by her, even though she is his wife, the divorce does not fall on him. If he says: “You are a woman who is divorced one in two” then it is a thalak one, and the man is asked about in two if he says: “I did not declare anything” then it is only one thalak and so on. This is an example of an unfamiliar imaginary example, when most of the books of Al Um are far from imaginary problems.

The book of al-Mudawwanah quoted from Maalik is no less than this in many of the issues concerning divorce because it is based on the books of Muhammad ibn Hasan.

As for oaths and vows, they are a sea without a shore, and you see the astonishing division of them, as if they were to come up with imaginary oaths and then state the answers, and there are many of them, and the terms differ according to the different countries. What is it that makes one prolong the issues of oaths, freeing slaves and divorce?” Can the oaths of allegiance that took place at the end of the first century not affect it? It is found in one of the covenants taken in the second century: “If you change anything, or alter or violate or deviate from anything that Amirul mu’minin has commanded you and he has required of you in his book, then I release myself from you from the responsibility of Allah, the responsibility of His Messenger Muhammad s.a.w and the responsibility of the responsibility of the mu’minin and the Muslims. Any wealth that today belongs to any of you or is used by him for fifty years is charity for the poor. And it is obligatory upon one of you to make fifty pilgrimages to the House of Allah Al Haram in Mecca out of vow and obligation, and Allah will only accept it when it is fulfilled. Every slave owned by one of you or owned by him in the future for fifty years is free. Every wife divorced three times forever, divorced forever, no return therein. It happens at another time: “If you change and so on then I dissociate myself from Allah, from His authority and religion and from Muhammad (s.a.w) and on the Day of Judgment you will meet Allah as disbelievers and polytheists”. And any woman who is today for me, or I am married to her for thirty years is eternally thalak three, thalak haraj and so on. Doesn’t including wives, slaves, property and vows in the oath of allegiance come under the heading of multiplying the subject matter of this chapter? Indeed, those who swear oaths do not have the support of all the Imams for their cause. Malik ibn Anas and the people of the Hijaz have been hostile to them, saying that there is no oath for the one who is forced, although this was heard at the time of Abu Ja’far al-Manshur, and this is a corroborating reason. Ash-Shafi’i opposed them by saying that an oath to divorce a woman to whom he is not married is of no effect. And we do not know that this is why he was compelled, because in his time there was no one who was compelled like Abu Ja’far. Dawud entered them with his saying that an oath in the name of anyone other than Allah is meaningless and of no effect: “It is permissible to make an exception in an oath, even if it has been several days”. The meaning of this is that when a person swears by saying Inshallah (if Allah wills), the oath is meaningless. Once it happened that it was said to Al Manshur: “Abu Haneefah disagrees with your uncle Ibn ‘Abbas in allowing exceptions to oaths.” So Abu Ja’far asked him about it. He replied: “Those who allow it say that there is no allegiance on the necks of your rulers, because they swear an oath to you, then they constrict themselves and make exceptions, so they are not obliged to fulfill the oath.” That pleased Abu Ja’far. That pleased Abu Ja’far from Abu Hanifah. Look at the allegiance of the Messenger of Allah (peace and blessings of Allaah be upon him) to his Companions, and he accompanied it with these words which they call allegiance (mubaya’ ah) which caused a great difference in the spirit of the ummah in two periods. In the first period the words: “I pledge allegiance to you” override everything so that the one who pledges allegiance does not have the opportunity to break or deviate because he is noble and he has risked his nobility to fulfill (the pledge), while the pledges of the Hijajjites and Manshuriyyahs are people who are not trusted in pledges and contracts except when they are asked for help with the loss of property, the release of women and the freeing of slaves, all of which are bound by religious ties. In addition to that, it is a problem when most of the contracts of allegiance in which these matters are involved are not fulfilled by the people who are bound by them. They have various reasons for doing so, and they have to get them out of the hardship that hurts them.

As these divisions extend to chapters of worship we find many examples that are denied by reason: and they are not true, but they – may Allah have mercy on them – thought to ease the minds of those who came after them. So they made up problems and wrote answers to them.

Muhammad’s Book of Mabsuth is a very large book that is written in six large volumes, each volume being about five hundred sheets in perfect size. All of it contains related issues, so how much is the number of issues, if Al Qaduri’s Mukhtashar on that book has twelve thousand issues as they say, then what is Al Mabsuth like, while Al Qaduri’s Mukhtashar does not reach a tenth of it? This is really something big and shows the level of seriousness that these figures put in.

I put before me one volume of Muhammad’s al-Mabsuth and one volume of Ash-Shafi’i’s Um under one title, and I repeatedly looked at them one after the other, and the conclusion was as I will tell you: Ash-Shaafa’i wrote and wanted the reader to learn and teach the ushul fiqh from which he derived the rulings, and he explained how to defend something that a mujtahid had reached with his ijtihad. Hence you see that he expects the reader to study it a lot, because the aim is not just to know the answer, and that book is sufficient.

Muhammad (may Allah’s peace and blessings be upon him) wrote to the disciple that where he dictated answers to problems, ja was like the ocean in knowing the branches. Whenever a branch of nistaya comes to his mind he writes it down and writes the answer. Hence the time required for the reader is not long, as it is just to answer the problem.

I do not want to ruling on the rightness or wrongness of expanding the branches of fiqh. I only want to tell you that the branching out of issues is a specialty of this period, and it was not the practice of the Companions and Taabi’een, because they regarded it as wrong to answer something that did not happen. You will soon see this conclusion in the two periods that we will mention.

PROBLEM’ PROBLEM HELAH.

Part of the complexity of what history tells us is that a religious jurist makes provisions for problems by teaching people how to avoid the laws of shara’. Perhaps it can be understood from an advocate who follows man-made laws where he sometimes pleads for the acquittal of sinful people by bringing laws that are overlooked, it is considered his power and breadth of helah. If he is wide in that and it is easy for people to nullify the rights of others with the helah of the law, then it is counted among the evidences of weak responsibility. He does not make a law to nullify something that he considers religious. So how are we affected if we find a religious person doing this with religious laws? Indeed, we have seen that in this period. We found a man who made a book for people called Kitab al-Hiyal (the book on helah). It came into the hands of the hadith scholars but they denied it to the extent that they called its author a shaytan, and they labeled it ma’shiyat, except that the author was unknown, and some of the people of Iraq agreed with them but they did not pay attention to who it was. Part of the problem points to the religious weakness of the one who made it, based on the allegation against the one who made it easy for a Muslim to leave the obligatory zakaah, where ja said to him: “When a year is almost complete, give your wealth to your children or your wife for a short time, then ask for more, so that the year will be less, and zakaah will not be due.” This example is one of the least sinful of the helah problems. There are many cases in which the one who waives the shufa’ah from the one who waives it is even more numerous. By my age, the debt that a divorced woman inherits from her husband, if he divorces her while she is sick, is something that is contrary to its purpose, which is avoidance, and goes further than slander and deceit. But we say that multiplying the issues and making them diverse is what happens until the religiously weak get the chance to act, in which case they make a big deal out of the words of the Imams, which do not last long enough to be applied to their issues because of this and that. We have almost gone beyond what we are aiming for, which is history, because this is some of the most astonishing narrations that I cannot go beyond. Ibn Qayyim al-Jauziyah has dealt with this issue at length in his famous book I’lam al-Muwaqqi’ in ‘an Rabbil alamin, so check it out if you wish.

10. Bookkeeping of law books,

All the Imams that we narrated had books in which they wrote down the rulings that they derived. Most of the people who recorded them were their students or those who received them from their students. Some were recorded and dictated by the Imams themselves. And here we will describe the books that are considered the basis for these madhhabs.

KITAB’ KITAB IN THE MADHHAB OF ABU HANIFAH

The first of Abu Hanifah’s students to compile a book was his great mentor Abu Yusuf. Ibn Nadim mentioned in Al Fihrasat: “He had several books on ushul and practice, namely the book of prayer, the book of zakat to the end of the books of Fiqh. He had a book of dictation containing thirty-six books according to Abu Yusuf’s division narrated by Bisyr bin Walid, a judge, the book of Ikhtilaful Amshar (Differences of the Great Countries), the book of Ar Radd’ala Malik bin Anas (Refutation of Malik bin Anas), a treatise on taxes sent to Ar Rashid, and the book of Al Jami’ compiled for Yahya bin Khalid which contains forty books in which are mentioned the differences of people and the opinions taken by them.

Of his books, the only one that has come down to us is his treatise on taxes written for Ar-Rashid, which was printed in Egypt. At the beginning he said: “Verily, the Amir al-Mu’minin, may Allah grant him strength, asked me to compile a book on the collection of zakah, taxes, and so on, which he was obliged to think about and implement. Thus Ar Rashid removed the injustice against his people and improved their affairs. May Allah, the Almighty, help the Amir al-Mu’minin and grant him the right to do so, and may Allah save him from what he fears and dreads. He asked me to explain something that he asked me to do. And I have analyzed and explained it”. This book is one of the highest and best written works, and it is one of the legacies of that time. Among his books that have come down to us is Ikhtilafu Abi Hanifah wa Ibni Abi Laila (Differences of Opinion between Abu Hanifah and Ibn Abi Laila). It mentions many issues on which the two Imams differed. Sometimes he agreed with Abu Hanifah and sometimes he took the view of Ibn Abi Laila. Ash-Shafi’i took that book and after he narrated the opinions of the three Imams (Abu Hanifah, Ibn Abi Laila and Abu Yusuf), he mentioned the opinion he favored. It is possible that he may have chosen another opinion for himself in addition to what they narrated, and this is the problem with this book, so it is clear that the method of istimbat is based on ra’yu:

GUARANTEE FROM THE ARTISAN.

1. If a man hands over cloth to a tailor and the cloth is made into a shirt, then the owner of the cloth says: “I ordered you to make a shirt”, and the tailor says: You told me to make an outer shirt,” Abu Hanifah said: “The word that is accepted is the word of the owner of the cloth, and the tailor bears the price of the cloth,” and this view was adopted by Abu Yusuf. Ibn Abi Laila said: “The word that is accepted is that of the tailor”. If the cloth is lost at the tailor’s place, then according to Abu Haneefah, he is not liable to the tailor, or the fitter, or the dyer, or other similar craftsmen, except for what they have damaged. Ibn Abi Laila said: “They are liable because it was damaged in their place, even if they did not intentionally damage it.” Abu Yusuf said: “They are liable unless there is something beyond their control.” Ash-Shafi’i said: “Whoever thinks that the laborers are obliged to bear, then he is making an analogy with the borrower who is obliged to bear,” and he said: “The loan is assumed because of the benefit that it brings to the borrower, and he bears it until he is able to fulfill it safely.” And Shuraih was of the view that laundry is covered, so a laundryman who burned down his house was covered, and he said: “Are you asking me to compensate you for burning my house?” Shuraih said: “What would you have thought if the house had burned down and you had left your fee?” Whoever is of the opinion that they are not liable is likening it to a trust, because it was narrated from ‘Atha’ that he said: “There is no covering for the worker, nor for the laborer”. With regard to the harmful actions of the laborers and artisans, there is nothing wrong with that; they are liable for them in the same way as the one who receives a deposit if he does something harmful to the deposit, because the jinayah (crime) is not waived by a person. Likewise, if they did it intentionally, they will bear the blame. Ar-Rabi’ said: Ash-Shaafa’i is of the opinion, according to what I have seen, that the laborers do not bear any responsibility except for what they have done wrong, and this is not popular because of fear of the laborers.

DAMAGE TO THE MERCHANDISE AT THE BUYER’S PLACE DURING THE KHIYAR PERIOD’

2. If a person buys merchandise from a seller with a khiyar of one day, and the buyer takes the merchandise and it is damaged, and the buyer takes the merchandise and it is damaged at the buyer’s place, then Abu Hanifah said: “The buyer bears the price, because he took it on the basis of a sale”. This was also the view of Yusuf. Ibn Abi Laila said: “He is safe in that case”. If the khiyar is on the purchaser and the goods are damaged in his possession, then it is obligatory for the purchaser to pay the price that was agreed upon between them. “Ash-Shafi’i said: “He bears the price.” We prevented him from bearing the price, because the sale is not yet complete, and we prevented him from taking responsibility for it, because he took it on the basis of the sale, and he took compensation from the purchaser, so we did not make the sale except on the basis of responsibility, and there is no way for him to be secure in it; he is only secure in something that he does not own, and he does not take advantage of it either immediately or later. He is holding it for the benefit of the owner, not for his own benefit, in which case it is the same, he is safe in it, because a person is only safe in something that he does not own, and the benefit of khiyar does not accrue to the seller or the buyer, because the sale is not complete until it is broken.

SALE AND PURCHASE UNDER DURESS.

3. If a person is confined because of his debts, and the judge declares him a bankrupt, then in prison he sells, buys, emancipates, gives in charity or gives in charity, Abu Haneefah said: “All of this is permissible, and nothing of his property that is in debt should be sold, and there is nothing wrong with it after he is declared a bankrupt. Do you not see that sometimes a man is insolvent one day and the next day he gains wealth?”. Ibn Abi Laila said: “It is not permissible for him to sell his property after bankruptcy, or to free his slave, or to give him gifts, or to give him charity; rather he should sell his property and pay his debtors.” Abu Yusuf said the same thing as Ibn Abi Laila, except for freeing the slave. Ash-Shafi’i said: “If he tries to leave the debtor, and it has become lawful for him to do so, or he admits some of it, then it is appropriate for the judge to detain him in his place, and he should say: “‘Verily I have detained him until he fulfills his debt, and I have declared bankruptcy’.” Then he adds up his assets and declares bankruptcy. Then he sums up his property and tells him to offer it, then the judge sells it at the highest price so that he pays his debts. If he does not have anything then he remains in detention.

ABOUT SHUF’AH.

4. If a person buys a piece of land on which there is a building, then the one who has the right of shuf’ah (shafi’) sues him for shuf’ah, Abu Hanifah said: “The shafi’ took the piece of land, and the owner of the building damaged the building”. This was Abu Yusuf’s opinion. Ibn Abi Laila gave the land and the building to the shafi’ and it is obligatory for him to pay the price of the building and the price of the land that he bought otherwise there is no shufi’ah for him.” Ash-Shafi’i said: “If a man buys part of a plot of land, divides it up and builds on it, then the shafi’ demands shufa’ah from him, then it is said to him: “If you wish, pay the price for which you bought it and the price for which you are building it today. If you wish, then leave the shuf’ah”. Only this, because he did not go beyond the limits of building, does not entitle the one who lent him the land to tear down the building.

NEIGHBOR’S SHUF’AH.

5. Abu Hanifah said: “Shufa’ah is for undivided partnerships, and after that for partnerships that are divisible and have only one way after that for adjoining neighbors. If two neighbors come together and their companionship is the same, then they are allies in shuf’ah. Ibn Abi Laila agreed with Abu Hanifah so Amirul mu’minin Abul Abbas wrote to him asking him to rule on shuf’ah only for undivided alliances. So he took that view and ruled on shuf’ah only on undivided partnerships. This is the view of the people of the Hijaz and the view of Ash-Shafi’i. “

RECONCILE A DENIAL.

6. Abu Hanifah said: “Reconciliation is permissible if the defendant denies it”. This was also the view of Abu Yusuf, and Ibn Abi Laila did not allow it. Abu Hanifah said: “How is this not permissible? I allow reconciliation in the case of a denial; if there is an admission, then there is no reconciliation.” Ash-Shafi’i said: “The qiyas for this reconciliation is invalid in several respects, and we only allow reconciliation for a lawful price that is known and permitted by sale and purchase. If that is the case, then that is what we think. According to those who allow reconciliation, reconciliation is a substitute, and the substitute is only that which is compatible with the substitute and the substitute, and there is definite evidence for this, and evidence is superior to qiyas. And I am not more knowledgeable about such definite reports.

ON DEPOSITS AND TRANSFERS (HIWALAH).

7. Abu Hanifah said that the borrower is liable for the debt, whichever the insurer or the owner of the capital wants. In hiwalah it is not permissible to take something that has been transferred because he has released it, which is the view of Abu Yusuf. Ibn Abi Laila said: “It is not permissible for him to take the principal property of either of them, if the insurer accepts it, then he has disposed of the property, unless the property is already with the insurer of the principal property. If each of them is responsible for the other, then he may take whatever he wishes from what they say. Ash-Shafi’i said: “It is for the debtor to take whatever he wishes from them in the case of absolute liability. If it is conditional, then the borrower should take what is conditional on him, not what is not conditional on him. With regard to transfer (hiwalah), it makes sense that hiwalah transfers the right of one person over another. Once it has passed from one person to another, it is not permissible to return to him except by renewing the right to return to him.

ABOUT DEBT

8. If a person on his deathbed acknowledges a debt and he has several witnesses who confirm it, but he is unable to fulfill it, Abu Hanifah said: Start with the debts that are known to be true. If there is more money, then for the debts that he admitted to in his short illness. Do you not see that when he was sick he did not have any wealth and he could not make a will, because of the debts that were owed to him, as well as his acknowledgement of the debts? This is the view of Abu Yusuf. Ibn Abi Laila said: “The debt is what he acknowledges, and what he acknowledges when he is healthy and when he is sick is the same”. This is the view of Ash-Shafi’i. He said: “It is not permissible to do anything other than this, or to cancel the pledge like the pledge of one who is restrained. There are times when he thinks that his pledge is obligatory and then the people who gave him the debt do not pay it, which is a distortion of the law. Hence he should start by paying the debt when he is well and making the pledge when he is well. If a person owes a debt when he is sick and there are witnesses, then the debt should be paid, but if there are no witnesses, then the debt should not be paid. If a person owes a debt during health and sickness, then he cannot make a will or inherit until those who have rights (those who gave the debt) are paid their rights. Once a debt is repaid by his heirs, and once a debt is repaid by those to whom he made a bequest, but he does not pay anything other than the debt.

9. If an heir acknowledges the debt and his share is sufficient to satisfy the debt, then Abu Haneefah says: “The debtor should ask for the debt to be satisfied from the heir who acknowledges the entire estate from his share, because there is no inheritance for him until the debt is satisfied.” This was Abu Yusuf’s view. Ibn Abi Laila said: “The debt that he is obliged to pay is according to the amount of inheritance that is his share. If there are two witnesses from among them, then their testimony is admissible for the entire inheritance according to what they say, if they are both fair. If they are not fair, then it is on the part of both of them, according to the view explained by Abu Hanifah and Ibn Abi Laila. Ash-Shafi’i narrated two opinions from his companions, but he did not mention his own opinion.

VOW.

10. When a person brings an indictment against someone and brings witnesses, the judge does not swear at the accuser. Ibn Abi Laila said: “The oath is upon the accuser as well as the witnesses, if there are no witnesses, then he is not sworn and the oath is imposed on the accused. If he says: “I return the oath to the accuser, then the oath is not returned to him unless he accuses him, then it is returned to him”. Ash-Shafi’i said: “‘The accuser and his two witnesses are not sworn to, if he has no witnesses, then we swear to the accused. If he swears, he is acquitted of the charge. If he refuses, then we say to the accuser: “We do not give anything to you because of your reluctance unless you swear; if you swear, we give it to you; if you are reluctant, we do not give it to you”.

ABOUT INHERITANCE.

11. If a man dies and leaves behind brothers and grandfathers, Abu Hanifah said: “All the property is for the grandfather, because he takes the place of the father in all inheritance”. Ibn Abi Laila said: “Half to the brother and half to the grandfather”. This is the view of Ash-Shafi’i. He said: These two opinions are not qiyas, rather casting off the brother because the grandfather is present is further from qiyas than casting off the brother with the grandfather. Some people who agree with this view said: “‘We exclude the brother in the presence of the grandfather because of three things (namely):

1. By grandfathering you are veiling (preventing from inheriting – pen) the children of the mother.
2. The position of the father, where you do not deduct from 1/6.

c, The position of father where you call grandfather father.

Ash-Shafi’i said in response to this opinion: “We veil the mother’s children because of the hadeeth, not because we equate the grandfather with the father. We veil the mother’s children because they are daughters of sons and below. Although this position corresponds to the father’s position, we did not decide on it, because we and you did not place the father’s position in another place. As for us not reducing the father’s share by one-sixth, we did not reduce it because of the hadeeth, and we did not reduce the grandfather’s share by one-sixth. What do you think of us and you putting the grandfather in the place of the father if that is appropriate in a particular situation?

As for calling him father, we have established that between us and the prophet Adam he can call him father. If that is the case and there is no closer father among them, then he does not inherit. The same applies if he is a disbeliever and the inheritor is a Muslim, or if he is a murderer and the inheritor is a murderer, or if the inheritor is a free man and his father is a slave. We inherit from them only because of the hadith, not because of the name. Then it is clear that the opinion that the brother is precluded is further based on qiyas. He said: “”‘ What do you think if the grandfather and brother claim the inheritance of the deceased? The two men were close relatives, and the grandfather said: “I am the father of the deceased’s father” and his brother said: “I am the son of the deceased’s father.” If the deceased’s father is presumed dead, then it is his son who is more likely to receive the inheritance, not his father, because the son is entitled to five-sixths of the estate and the father is entitled to one-sixth. So how can a brother be prevented by a grandfather? If the brother dies, he is more likely to inherit than the grandfather. Hence it should be the case that if veiling is desired, the brother should veil the grandfather, even though according to qiyas there is an understanding that the brother gets five-sixths and the grandfather gets one-sixth. Then he said: “The brothers have a definite share (furudh) in the Book of Allah and the Sunnah of His Prophet, but not the grandfather. So to veil the brother with the grandfather is to cast the heavier for the weaker in all respects.

DISPUTES OVER HOUSEHOLD GOODS

12. If a person dies leaving a wife and belongings in his house, then Abu Hanibah said: “‘A man’s goods are for his men and a woman’s goods are for her wife. Whatever is for the man and the woman is the residue of both. In the case of divorce, the remainder is for the husband, which was the view of Abu Yusuf. Then after that he said: “‘For the wife is only what she has prepared. Ibn Abi Laila said: “If a man dies or divorces a woman, then the remainder is for the husband, because there is a male merchant who owns the property of a woman in his trade, or an artisan or a pawnbroker in another: “When a man dies or divorces, all household goods belong to the man, except for chains, veils and so on, unless there is a witness to the claim that they belong to one of them. If he divorces in his house, then it is according to the opinion of all of them. Ash-Shafi’i said: “In all cases of difference of opinion, if there is a witness, then it is for him. If there are no witnesses, then the qiyas, which no one can reject by consensus, is that if a man builds a building and he does not have this property in his hands, then two halves, just as if two people disagree about property in their hands, then each of them gets half after the oath.

LOANS

13. If a man lends land to a man for a period of time, then it occurs to him that he should take it out after he has built the building, Abu Haneefah said: “‘It is said to the builder: “Destroy your building”. That is the view of Abu Yusuf. Ibn Abi Laila said: “The one who lends the land reimburses the price of the building and the building is for the lender. If he gives a time limit and then takes it out before the time limit, then he should pay the price of the building.” This is the view of all of them, and the same applies to the lender. This is the view of all of them, as well as Ash-Shaafa’i.

DECISION

14. When a judge in his office stipulates a confession and the testimony of witnesses, then omits to mention it, Abu Hanifah said: “It is not appropriate for him to allow it”. Ibn Abi Laila allowed it and that was Abu Yusuf’s view. Ibn Abi Laila did not allow it until he established it on his side, even though he mentioned it. Ash-Shaafa’i said: “If a judge finds a writing in his office that he has no doubt that it was written by him or by his secretary, that it was written by him or by his secretary, and that one person confessed to the other, or that it was fixed in a way that he does not have the right to rule on it, until he mentions it or bears witness to it, then it is not permissible for him to mention it or bear witness to it, just as it is not permissible for him to mention it when he knows about it and does not mention a witness to it.

ABOUT NIKAH

15. Abu Hanifah said: “The dowry of a woman is equal to the dowries of her brothers and sisters and the daughters of her uncles”. This is the view of Abu Yusuf. Ibn Abi Laila said: “The women are her mother and her aunts”. Ash-Shafi’i said: The women are his ‘ashabah daughters, i.e. his sisters and his uncle’s daughters, and not his mother and aunts, if there are no male ‘ashabah daughters.”

16. If a man marries his young daughter to his brother’s young son who is in his care, Abu Hanifah said: The marriage is ja-iz (permissible) and the child may choose when she grows up.” That was Abu Yusuf’s view, but he later revoked it. This was Abu Yusuf’s view, but he later revoked it. Ibn Abi Laila said: “It is not permissible until the child grows up.” Ash-Shafi’i said: “It is only the father or grandfather, if there is no father, who can marry off a minor. If one of them (father or grandfather) marries them off, the marriage is annulled and they do not inherit from each other.”

Another of Abu Yusuf’s works that came down to us is Sair al Auza’i, a book in which there are issues about jihad on which the two Imams, Abu Hanifah and al Auza’i, differed. He mostly defends Abu Hanifah (may Allah have mercy on him). Ash-Shafi’i has narrated the book in Al Um and at the end of each issue he accompanies it with his opinion. Usually he supports al Auza’i and his answers are mostly based on the Sunnah. These are some of the issues so that you know how they criticize the evidence of the Sunnah.

1. Abu Hanifah (may Allah be pleased with him) said: “The rider of a horse is given two shares, one for him and one for his horse, and the pedestrian is given one share”. Al Auza’i said: “The Messenger of Allah (peace and blessings be upon him) gave the rider of a horse two shares and the owner one share. The Muslims after the Prophet did not differ in opinion on this matter. Abu Hanifah said: “War horses and transportation horses are the same”. Al Auza’i said: “The Imams of the Muslims in the past until the prevalence of the Fitnah did not give a share to the transportation horse.” Abu Yusuf said: “Abu Yusuf said: “Abu Haneefah did not like to give preference to animals over Muslims, and he did not like to make the animals’ share more than the Muslim’s share in the distribution. With regard to the transportation horse, I do not think that there is anyone who does not understand it and cannot distinguish between a riding horse and a transportation horse. It is a well-known Arabic word, and the Arabs do not differ in their opinion about the name “al khail=horse”; it may be the whole horse or a large part of it, and there are also mixed horses. And we know that in warfare, the transportation horse is more appropriate than most war horses in its gentle compassion, guidance and kindness of things that can support the goal.

Al Auza’i was of this opinion, and the early Muslim Imams were of this opinion, as was attributed to the people of Hijaz (they decided by decree, so they were asked: “From whom?” they replied: “This is what the Sunnah is based on”). It may be that this was a decision made by market workers or other workers, or the opinion of some of the shaykhs of the Levant who did not know about wudoo’, tashahhud and the principles of fiqh, so al-Auza’i said: “This is how the Sunnah works.” Abu Yusuf said: “It was narrated to me from the Messenger of Allah (peace and blessings of Allaah be upon him) through one of his companions that he gave the rider of a horse three parts and the walker one part. This is the view taken by Abu Yusuf. Ash-Shaafa’i (may Allah have mercy on him) was of the view that this is what al-Auza’i said about the rider of the horse, that the rider of the horse gets three shares, and he narrated the hadeeth of Ibn ‘Umar. As for the opinion narrated by Abu Yusuf from Abu Hanifah, he said: I do not give preference to an animal over a Muslim, if there had not been a hadith from the Prophet (peace and blessings of Allaah be upon him) in this regard, it would have defeated his proof, so it can be disputed because of his words: “I do not give preference to an animal over a Muslim” are erroneous in two respects, namely: If he gave two shares on account of his horse, that would be favoring it over a Muslim, because a Muslim is only given one share. He should not equate an animal with a Muslim. The meaning is that the rider was given one share and two shares because of the horse, because Allah, may He be glorified and exalted, ordered the use of horses, as He said:

Meaning:

“And prepare against them whatever force you can muster, and of horses harnessed for battle.” …..

If the Prophet (peace and blessings of Allaah be upon him) gave them what we have mentioned, then the horse’s share would also be for the rider, not for the horse, because the horse cannot own anything, rather it is the rider who owns it, as well as financing it in battles and other things for which the Prophet (peace and blessings of Allaah be upon him) gave it a share. As for al-Auza’i favoring the horse over the camel, the words of al-Khail mean to put them together. Indeed Abu Sufyan bin ‘Uyainah narrated to us from Al Aswad bin Qais from Ali bin Agmar saying: “Horses in the Levant are strong and on that day I saw horses and one morning I saw camels, Ibn Mundzir bin Abu Hamshah Al Hamdani gave preference to horses over camels and he said: “I do not regard what I find as something that has not been found and it reached Umar then he said: “His mother is providing for those who are left behind, so I warned her and I missed what was said.” Ash-Shafi’i (may Allah have mercy on him) said: “Surely in this case they narrated several hadeeths, all or some of which are more saheeh than what Abu Yusuf used as proof. If what is being used as proof is proof, then the proof is superior to it, but this matter has come to a halt. The view that there is equality between Arabian horses, transport horses and mixed horses would not have been different if we had ruled in this way.

2. Abu Hanifah said: “If a man, while at work, goes on foot and enters the enemy’s territory to fight on foot, then he buys a horse to fight on, and when the booty is divided he is the rider of the horse, then he only gets the share of the one who went on foot”. Al Auza’i said: At the time of the Messenger of Allah (peace be upon him) the Muslims did not have offices and the Messenger of Allah (peace be upon him) gave a share to horses and successively the Imams of the Muslims demi’kian as well.” Abu Yusuf said: “There is no proof for the opinion mentioned by al-Auza’i, and we also gave a share to the rider of the horse as he mentioned. There is a report attributed to reliable people that the Messenger of Allah (peace and blessings of Allaah be upon him) gave a man who fought with him on foot the share of a horse rider, then he borrowed or bought a horse and fought in a battle, and this is how he interpreted it. There are many more such things. What do you think if ja fought with a horse for part of the day, then he sold it to another person and he fought for a while, would each of them be given the share of a rider, because the horse was only one? This is not correct. It is based on the difficulty of entering. Whoever enters enemy territory on horseback is a rider and whoever enters on foot is a traveler. According to the records in the offices from the time of ‘Umar ibn Khathab (may Allah be pleased with him) to the present day. Ash-Shafi’i (may Allah have mercy on him) agreed with the view expressed by al-Auza’i. Abu Yusuf assumed that the Sunnah had proceeded according to what he said, and he criticized al-Auza’i for stating that the Sunnah had proceeded without saheeh reports, then he said: “This is the way the office has been run since the time of ‘Umar, and he does not deny that the office was only established during the time of ‘Umar. There was no office at the time of the Prophet (peace and blessings of Allaah be upon him), and there was no office at the time of Abu Bakr and the beginning of ‘Umar, and ‘Umar only created an office when he had a lot of wealth.

The sunnah is only for the Messenger of Allah (peace and blessings of Allah be upon him), that he gave the rider of the kuaa three parts and the pedestrian one part.

This is the view of al-Auza’i, because he said that the only one who was given a share was the one who came to the battle. So if he did not come to the battle on horseback, then how can his horse be given a share when he himself was not given one? As for his opinion, if this man fought one day and another man one day, should each of them be given a share with the share of the one who rode, then he is not given a share on account of his horse in two places as he would have been given if he had fought in two places, unless there is booty in which case a share is not given in two places, because that share is for the rider who owns the horse, not for the one who borrowed the horse for a day or two. “If the owner comes to the battle riding a horse, if we divide between them the share of the one who rides, then we do not increase it over the share of the horse, just as if we give a share to the one who walks and dies, his heirs are not increased from one share. The same applies if his share had been divided among the camels. Some of the people who were of the opinion of his madhhab said: “I give a share to the rider of a horse when he enters the enemy territory on horseback, because of the expenses he incurs in the land of Islam.” We said: What do you think if he buys a horse just before the office deploys to the nearest enemy country, he says: “ja becomes a horseman, when he is assigned to the office”. We said: What do you think if a Khurasan or Yemeni leads a horse from his country, so that he reaches the enemy country and then the horse dies before the da’wah ends?” He said: “He is not given the share of those who ride”. So we said: “These two men’s share in the horse has been waived, even though they cost more than the one who bought the horse just before the office was established.

3. Abu Haneefah was of the opinion that if a person brings two horses, he should be given only one of them. Al Auza’i said: “The two horses are to be given a share and the horse that is more than two horses is not to be given a share”. This is the view of the scholars and it is what the Imams did. Abu Yusuf said: “It has not reached us from the Messenger of Allah (peace and blessings of Allaah be upon him) or from any of the Companions that he gave a share to two horses, except for one hadeeth. The other hadeeth, according to us, is saheeh and we did not accept it. As for his words: “That is what the Imams did, and that is also the view of the scholars”. This is the view of the people of the Hijaz, and this is the way of the Sunnah. This is neither accepted nor understood. Some of the Imams have adopted this view, and there is a scholar who has adopted this view, so we shall see whether he is qualified to be judged by his knowledge or not. How can he give a share to two horses and not to three horses, from what point of view? How can he give a share to a horse that is tied up in his house when he is not fighting, but someone else is, then you know what we have mentioned and what al Auza’ said and thought.” Ash-Shaafa’i (may Allah have mercy on him) said: “I am guarding against those whom I met from our companions whom you heard from, that they did not give a share except for a horse and this is what I took. Sufyan narrated to us from Hisham ibn Ibn Urwah from Yahya ibn Ubbad that ‘Abdullah ibn Zubayr ibn Awwam (may Allah be pleased with him) was given booty in four parts, one part for himself, two parts for his horse and one part for a relative, namely the share of his mother Shafiyah, in the battle of Khaibar.

Mal-hul narrated that Zuhayr came to the battle of Khaibar and the Messenger of Allah (saws) gave him five portions, one for himself and four for his two horses. Al-Auza’i was of the opinion to accept this hadeeth from Mal-hul as mungathi’. Hisham ibn Urwah felt that it would have been tempting if he had given Ibn Zubayr a share and his two horses a share to say that. So when Mak-hul contradicted him that the hadeeth was more saheeh than the hadeeth of his father by trying to add to it, even though the hadeeth was magthu’ and could not establish a proof, then it was like the hadeeth of Mak-hul. But we went to the people of war and said: “They did not see the Prophet giving shares to his two horses, and they do not differ in their opinion that the Prophet went to the battle.

Khaibar with three personal horses to collect, pick up and ride encouragement when he only took for a horse.

All these books are on this good path, and show us a clear picture of the way in which the Imams reasoned and criticized. As for the man whose books have been preserved by us, namely the books on the madhhab of Abu Haneefah and his students who agreed with him, namely Imam Muhammad ibn Hasan, who was privileged over others in narrating these madhhabs.

His books are of two kinds, namely:

1. Some books that are narrated and well known, so that the soul is at ease, and they are known as books that are well narrated.
2. There are other books that do not have such credibility and we will look at both of them.

THE BOOKS THAT HAVE A CLEAR NARRATION.

1. The books of Al Jami’ush Shaghir.

It is a book in which are collected the problems narrated from Muhammad ibn Hasan, by his students Isa ibn Aban and Muhammad ibn Sima’ah. These problems are contained in forty books of fiqh, the beginning of which is the book of prayer, and there are no chapters in each book. Hakim Abu Thahir Muhammad bin Muhammad Ad Dabbas took them, made chapters and arranged them in order to make it easier for students to memorize and learn them. Muhammad narrated the issues of this book from Abu Yusuf from Abu Hanifah and it does not contain the method of reasoning (istidal).

2. Al Jerni’ul Kabir.

This book is like the one listed above only longer (broader).

3. Kitab Al MaLsuth.

This book is known as the master book and it is the longest book written by Muhammad (may Allah have mercy on him). In it he collected thousands of issues from which Abu Haneefah had derived answers, some of which were issues on which Abu Yusuf and Muhammad had disagreements. Part of his custom in this book was to begin with the reports that had been circulated among them, then he would mention the issue. Often he would close with the issues on which Abu Haneefah and Ibn Abi Laila disagreed. The one who narrated from him was Ahmad ibn Hafsh, one of his students, and he did not discuss the rulings.

4. Kitab As Sairus Shaghir.

It is a book that contains issues of jihad.

5. Kitab As Sairul Kabir.

It is his last work in Fiqh. That is why Abu Hafsh Ahmad ibn Hafsh did not narrate it as he narrated his books, because it was written after Abu Hafsh had moved from Iraq. That is why he did not mention Abu Yusuf (may Allah have mercy on him) by name at all, because he wrote it after the hatred between the two hadith scholars. Whenever he needed a hadith narrated from him he said: A trustworthy person narrated it to me”, which is what he meant when he used these words. The people who narrated this book from Muhammad were Abu Sulaiman Al Jauzajani and Isma’il bin Tsawabah.

At the beginning of the fourth century, Abu Fadhl Muhammad ibn Ahmad Al Marwazi, who was known as Hakim Ash Shahid, was successful and authored a book entitled “Al Kafi” in which he mentioned the meanings of the books of Muhammad ibn Hasan at length and omitted repetitive issues. It is a good book and is recorded in the Egyptian library.

Among the books of Muhammad that reached us is his book “Al Rad’ala Ahli Madinah (Refutation of the people of Madinah). Imam Ash-Shafi’i has narrated this book in Al Um – and each issue is commented on either helping the people of Madinah or agreeing with Abu Hanifah’s opinion. It discusses Abu Hanifah’s refutation of the people of Madinah. This is one of the issues.

THE CHAPTER OF SOMEONE WHO DETAINS SOMEONE BECAUSE OF ANOTHER PERSON SO THAT THE OTHER PERSON KILLS HIM.

Abu Hanifah (may Allah be pleased with him) said: “If a person arrests someone because of another person, and he strikes him with a weapon until he dies on the spot, then there is no gishash for the one who arrested him, but the gishash is on the one who killed him. But the one who arrested him shall be tortured and put in prison. The people of Madinah were of the opinion that if a person detains another person and knows that someone wants to kill him, then both of them should be killed.

Muhammad ibn Hasan said: “How can the one who restrains be killed, when he does not kill?”, If he restrains him and he thinks that the other person does not intend to kill him, then you kill the one who restrains? If they say: “No, we kill him only when he suspects that someone wants to kill him”. It was said to them: We do not see any gishash according to your opinion. It is obligatory on the one who detains except on the basis of his suspicion, whether the suspicion is false or true. What do you think of a person who shows another person, then that person kills him, the one who shows and thinks that he would have killed him, if he had been able to do so, do you labor for the one who shows as you would for the one who withholds? What do you think of a man who orders another to kill and then kills him, is the killer and the one who ordered the killing killed”, What do you think of a man who holds a woman because of another man so that he adulterates her, are both subject to hadd or the one who did the act, if both are muhshan, are they all stoned? For the one who is of the view that the one who restrained her should be killed, he should say: “both of them are subject to the hadd all together”. What do you think of a man who gives alcohol to another man, should both of them be subjected to the entire hadd or just the one who drinks? What do you think of a man who tells a Jain to tell a false rumor to another man, then he tells a false rumor; are both of them subject to the hadith, or is it specific to the one who told the false rumor? You should think that both are subject to the hadith. Isma’il ibn Iyash al-Hamsha narrated to us, saying: “Abdul Malik ibn Juraij narrated to us from Atha ibn Abu Rabah from ‘Ali ibn Abi Talib (may Allah be pleased with him) that he said about a man who killed someone intentionally and someone else held him back, so he said: “The one who kills is killed and the other is imprisoned until he dies”.

Ash-Shafi’i (may Allah have mercy on him) said: “Allah gives people a hadith for their own actions and Allah makes a gishash on them, Allah says:

Meaning:

The gishash is obligatory on you with regard to those who are killed.”

Allah said:

Meaning:

…… And whoever is killed unjustly, then indeed we have given power to his heirs …..

Those who are informed by this verse will know that the power of the guardian of the murdered person is over the murderer himself.” It was narrated from the Prophet that he said:

Meaning:

“Whoever participates in the killing of a Muslim is liable to be punished (for the deeds) of his hands”,

Allah tabaraka wa ta’ala says:

Meaning:

“The woman who commits adultery and the man who commits adultery, each of them shall receive one hundred lashes…”

And Allah said:

Meaning: “And those who accuse good women (of adultery) and they do not bring four witnesses, then punish them (the accusers) eighty lashes.” ….

I have never come across any of the servants of Allah ta’ala being subjected to hadd because of what someone else did or said. If a person is held back because of another person, then that person kills him, then the killer is killed and the one who was held back is tortured. It is not permissible according to the ruling of Allah, may He be glorified and exalted, to kill the murderer for his murder, and then kill the one who was detained because of his detention, because detention is not killing, and whoever kills the one who was detained has distorted the ruling of Allah, may He be glorified and exalted, because Allah, may He be glorified and exalted, says (interpretation of the meaning):

Meaning:

“It is obligatory upon ‘you gishash with regard to those who are killed”.

Qishash is treating a person as he did, if he kills then he is killed, if he detains and the detention is ma’shiyat which has no gishash, then he is punished whether the detention is for killing or not.

If the detention takes the place of murder, i.e. if the one who detains intends for him to be killed, then he should – even if he does not kill – be killed, because he is committing an act that takes the place of murder because of his intention. But that, in the main, contradicts the view of our companions Malik ibn Anas and Muhammad ibn Hasan. In general, what was included by Muhammad ibn Hasan over our friend is included and more than that.

But Muhammad did not accept to be treated elsewhere and then it was included in most of his reproaches to our friend, so all of what he said to our friend in this place is proof for him.

If someone says: “What is that?”, then it is said: “ja thinks that if a people commit robbery, and they are killed, and their helpers, if they hear the sound, even if they do not see the act of killing, then the killers are killed for their killing, and the helpers for their killing with their strength.” Ash-Shafi’i (may Allah have mercy on him) said: I said to Muhammad ibn Hasan or I narrated a little about this, but he did not mention a narration, so I said to him: “What do you think of a strong man who wants to be killed by a weak man, then he says to another strong man: “Had it not been for my weakness I would have killed so-and-so”, then the man said: “I tie him up for you”. So he tied him up and sat on his chest and lifted his beard so that the place of slaughter was visible, and gave the knife to the weak man, and he slaughtered him. Then you thought that you killed the slaughterer because he was the killer and you did not .see. to this help that is the cause of the murder on the grounds that the cause is not an act, Allah only charges people with an act. Whether it is aiding in murder, or aiding in killing a passer-by on the road, then you say about aiding that they did not hear, even though they saw, and reinforce it against the people, then for the people it is only ta’zir. Whoever gives hadith to you in case they hear a voice, then he says: “Your friend is with me”, he said: “This is how they kill the helper.” I said: “By this is established the proof over others”. If your words are not a proof, then are the words of our friend whom you met like this a proof?” He said: “You said so”, I said: “No, I have not come across anyone who thinks what he says. Whoever says it has gone beyond the rulings of the Qur’aan and the Qiyas that are accepted by reason, and many of the things that I testify about are settled, so if I testify about something or criticize it, then I am safe from it.

Ash-Shafi’i (may Allah have mercy on him) said and narrated from ‘Ali ibn Abi Talib (may Allah be pleased with him) that he said: “The one who kills is killed, and the one who imprisons is imprisoned until death and he does not imprison him until he does not die”. He contradicted what he said.

The whole book is according to this way, and the proofs for both opinions are strong. It is worthy of being read by scholars of shari’ah. And Muhammad has a book entitled “Kitabul Atsar” which is used for proof by the Hanafiyah imams.

He has several books, including the book known as An Nawadir, which is a book that is not narrated from a way that gives peace, namely Amali Muhammad fil Fiqh, known as Kaisaniyat, the book Az Ziyadat, the book Ziayaduz Ziadat, the book An Nawadir narrated by Ibn Rustam. Muhammad (may Allah have mercy on him) was one of those who narrated the Muwatha’ of Malik ibn Anas, in which he ends with the hadeeths and the practice according to Abu Hanifah, either agreeing with him or disagreeing with him, and he explains the reasons for the difference.

Some of the writers who were students of Abu Hanifah (may Allah have mercy on him) were Hasan ibn Ziyad Al Lu’lui who compiled the book Al Mujarrad li Abi Hanifah. His works include Adabul Qadhi, Kitabul Khishal, Nafagat, Kitabul Kharaj, Kitabul Faraidh and Washaya.

The narrations of Al Hasan b. Ziyad are less reliable than those of Muhammad b. Hasan because the latter is fully trusted.

Some of them were Isa ibn Aban the disciple of Muhammad ibn Hasan who compiled the Book of Hajji, the Book of Khabarul Wahid, the Book of Al Jami’, the Book of Itsbatul Qiyas and the Book of Ijtihadur Ra’yi,

Some of them were Hilal b. Yahya who was known as Hilal ar Ra’yu and Abu Abdullah Muhammad b. Sama’ah, who narrated the books of Muhammad b. Hasan.

Some of them were Ahmad ibn Umar ibn Muhair who is known as Al-Khishaf and he has authored many books and some of his best essays are his book on Waqaf which is well known and always used.

This period was closed by a great imam and author, Abu Ja’far Ahmad bin Muhammad bin Salamah Al Azdi Ath Thahawi Al Misri. He authored Ikhtilaaful Fuqaha, a large unfinished book which contains about 80 books in the order of disagreement on guardianship, about 1,000 copies of Sharh Musykili Ahaditsi Rasulillah (peace be upon him) and about 1,000 copies of Ma’anil atsar. We have examined this book and found it to be a book that was compiled by a man who was full of knowledge and was able to memorize the Sunnah of the Prophet (peace and blessings of Allaah be upon him), along with an excellent analysis of the opinions of the fuqaha’ and the basis for their opinions. He has other books which are mentioned perfectly by Ibn Nadim in al-Fihrasat.

‘These books were written during this period and the first of them were the books of Muhammad (may Allah have mercy on him). They are the foundations of the madhhab of Abu Haneefah and his companions and the books that occupied the Hanafis in the following period with commentary and explanation, welcoming and preserving them.

BOOKS OF THE MADHHAB OF MALIK BIN ANAS IMAM OF MADINAH

Malik ibn Anas (may Allah have mercy on him) wrote his book entitled al-Muwatha’ and many people accepted it and narrated it, but their narrations differed by more or less. The most famous narration of Muwatha’ is that of Yahya bin Yahya al-Laitsi. This is the text that was read and printed in Egypt. There is the Muwatha narrated by Muhammad bin Hasan and it was printed in India.

Part of Maalik’s custom in this book is that in the introduction he mentions the hadeeths that are in the book, then the reports of the Sahaabah and Taabi’een, and a few from other than the people of Madinah, and sometimes he mentions their practice or something that was agreed upon in Madinah. This is an example from his book:

THE DIVORCE OF A SICK PERSON

Malik from Ibn Shihab from Talhah ibn ‘Abdur Rahman ibn ‘Awf said and he is the most knowledgeable about it, and from Abu Salamah ibn Abdur Rahman ibn ‘Awf that Abdur Rahman ibn ‘Awf divorced his wife for the time being, while she was sick, then Uthman ibn Affan gave her inheritance after her ‘iddah was over.

Malik reported from ‘Abdullāh ibn al-Fadhl reported from A’raj that ‘Uthman ibn Affan gave inheritance to the wives of Mukmil’s sons even though he had divorced them during his illness.

That Malik heard Rabi’ah bin Abu Abdur Rahman say: “It has reached me that the wife of Abdur Rahman ibn ‘Auf asked him (Abdur Rahman) for a divorce, so he said: “If you menstruate and become pure then ask my permission and she did not menstruate until Abdur Rahman bir ‘Auf became ill. When she became pure, I gave her permission, then ja divorced his wife forever or divorced her with no remainder and Abdur Rahman was sick at that time. So Uthman bin Affan gave him his inheritance after his ‘iddah was over.”

Malik from Yahya bin Sa’id from Muhammad bin Yahya bin Hibban said: “‘My grandfather Hibban had two women from the Hashimites and the Ansharites. He divorced the Anshar woman while she was breastfeeding and after one year my grandfather died and she did not menstruate. So he said: “I inherit from her because I do not menstruate”, so they asked Uthman bin Affan for a ruling, so he ruled for her by inheriting , Then the Hashimite woman reproached Uthman bin Affan and Uthman said : This is what your uncle’s son did, he showed us this, he meant Ali ibn Abi Talib.

That Malik heard Ibn Shihab say: “When he divorces his wife while she is sick, she inherits from him. Malik said: “If he divorces her when she is sick before he has had intercourse with her, then she gets half the dowry and inheritance, and she does not have to observe ‘iddah. If he has had intercourse with her then divorces her, then she gets the entire dowry and inheritance, in which case we think it is the same as between a girl and a widow.

The content of the Muwatha’, which is a collection of saheeh hadith according to Malik, is about 500 hadith.

As for the problems he answered, they were recorded by his students. The first to write about this was Asad ibn Furat who recorded the questions that he took from Muhammad ibn Hasan, a Fagih of Iraq. As mentioned by Asyaikh ‘Ilyasi in Khalil’s masyarahi matan. Then he asked Abdur Rahman ibn Qasim and he answered according to Malik’s opinion. He took it to Qairawan and Sahnun wrote it down. It was called Asadiyah, then Sahnun brought it to Ibn al-Qasim in 188 A.H. and submitted it to him, then the problems were corrected and brought back to Qairawan in 191 A.H. At first it was according to what was collected by Asad bin Furat and made chapters according to the order of the author and the problems were not sorted and no preamble was given. Then Sahnun compiled most of them and substantiated some of them with the reports narrated from the Muwatha’ of Ibn Wahab and others. And there is still some left over because Sahnun had not yet completed this work (from Qadhi Iyadh). This is a sample of his writings:

WORSHIP (SHALAT) WITH MA’MUM AH!l GOODNESS AND BID’AH EXPERTS

(He said). “Malik said: “The people precede the cleverest among them when the circumstances are favorable”. He said: “Verily the age has a right”, so I said to him: “Read it to them”. He said: Sometimes the one who reads is the one who does not …… – he meant what he said: “The one who is not …..” is the one who is not favored in his situation – Malik said: “It is preferable for the owner of the vehicle to go first, and it is preferable for the owner of the house to lead the prayers when they pray in his house unless he gives permission, and I saw that he was of that opinion and he thought it was good”. I said to Ibn al-Qasim: What is Malik’s view on the one who prays behind a person who is good at reciting Qur’an (ma’mum) to a person who is not good at reciting Qur’an?”. He said: “Malik said: “If the imam prays with a group of people and the imam fails to recite, his prayer is invalidated, and so is the one who is behind him (ma’mum), and they should repeat it even if the time is up.” He said: “The one who does not recite the Qur’an seems to me to be worse than that, because it is not advisable for a person to pray for someone who does not recite the Qur’an well. “Ta said: “I asked Maalik about praying with an imam who is a gadariyah.” He said: “I asked him about praying with an imam who is a gadariyah. He said: “If you are certain of that, then do not pray behind him”. I said: “Not the Jumu’ah?” He said: “Not the Jumu’ah, if you are certain”. He said: “In my opinion, if you are afraid and fear that he will harm you, then pray with him and repeat the Zhuhr prayer.” Maalik said: “The people of lust are like the people of qadaiyah.” He said: I saw that when it was said to Maalik that the one who prays with the innovator should repeat his prayer, he was silent and did not answer him.” Ibn al-Qasim said: “In that case I am of the opinion that he should repeat it immediately”. He said: “Malik was asked about a man who was praying for another man who was reciting the qiraa of Ibn Mas’ud, and Malik said: “He went out, left and did not mum for him”. He said: “Malik stated that the innovator should not be given in marriage, should not be given in marriage, should not be greeted, should not be mummified and should not be witnessed over.” He said: Malik said: “Whoever prays behind a man who recites the qiraaah of Ibn Mas’ud, let him go out and leave him”. I said: Is it obligatory for him to repeat it if he prays behind him?” according to the view of Maalik: Ibn al-Qasim said: “If he tells me that he went out, then I am of the opinion that he should repeat it at that time and thereafter”. He wrote about 23,000 issues.”

This bookkeeping is the foundation of knowledge among Malik’s followers.

Some of those who wrote from among Malik’s followers were Abdullah bin Abdul Hakam Al Mishri who authored Al Mukhtasharul Kabir by which he aimed to summarize the books of Ashhab, Mukhtashar Ausath and Mukhtashar Shaghir. The small one (Mukhtashar shaghir – pen.) is a summary -.of the book Al Muwatha”. The middle one (Mukhtashar Ausath – pen.) is of two kinds, namely the one narrated by al-Qarathisi with additional atsar, as opposed to the one narrated by his son Muhammad and Sa’id ibn Hisan. It is said that there are 18,000 issues in Al Mukhtasharul Kabir, 4,000 in Al Ausath and 1,200 in Ash Shaghir.

Some of them were Ashbagh bin Al Faraj who compiled twenty-two books of Ushul and books heard from Ibn al-Qasim.

Muhammad bin Abdullah bin Abdul Hakam authored the book Ahkamul Qur’an, the book Al Watsa’ig wasy shuruth, the book Adabul Qudhah and the book Ad Da’wa wal Bayyinat.

Muhammad ibn Abdul Hakam Al Utbi al Qurthubi authored Al Mustakharajah. It contains mostly rejected narrations and irrelevant issues, and he used to come up with strange issues, and when they came up, he would say: “Put it in Al Mustatakhrajah”. Ibn Wadhdhah said: “There are many mistakes in Al Mustakhrajah”. Muhammad ibn Abdul Hakam said: “Abu Muhammad bin Hasan Azh Zhahiri mentioned that Al Mustakhrajah was highly regarded among the scholars of Africa.

Yahya ibn Umar has summarized it in his book called Al Muntakhaba

Muhammad bin Sahnun composed his famous book Al Jami’ in which he collected various faculties of knowledge and Fiqh. It contains some 60 books.

Muhammad bin Ibrahim bin Abdus composed a book called Al Majmu’ah ala madzahibi Malik wa ashhabihi which he hastily died before it was completed.

Including the greatest authors of this period there are two people, namely :

– The first of these was in Masyrik, where Al Qadhi Isma’il ibn Isaac compiled his book Al Mabsuth fil Fiqh, and wrote a book on countering Muhammad ibn Hasan, Abu Hanifah and Ash-Shafi’i.

– The second in Egypt was Muhammad bin Ibrahim bin Ziyad Al Iskandari, known as Ibnul Mawaz. His book on Fiqh is the largest of the books composed by the people of the Malik Madhhab, with the most authentic issues and extensive and comprehensive discussions. Al Qabisi has given it precedence over all the major books.

BOOKS OF THE MADHHAB OF MUHAMMAD BIN IDRIS ASH-SHAFI’I

Asyafi’i (may Allah have mercy on him) is an imam who is known to have authored the books that are used by the followers of his madhhab. He dictated his books to his students in Iraq and Egypt. His books in Iraq are the old madhhab and his books in Egypt are the new, straight madhhab. These books are:

1. Risalah fi Adillatil Ahkam, an ‘Ushul treatise which we have already mentioned.

2. The Book of Al-Um, which is a solitary book that did not have a flood of books in its time; its style is very low-key, meticulous in exposition and strong in discussion. It does not present successive issues as in the books of Muhammad, but it mentions the issues and arguments, and makes many references to those who disagree with it and establishes proofs for it. Thus, it is called his book of gadim. This is an example of his book.

DISCUSSION OF PRAYER

At the beginning he narrated three hadiths with their sanads :

1. Abdullah ibn Mas’ud said: “Before coming to the land of Habsyi, we greeted the Messenger of Allah (peace be upon him) while he was praying, and he responded to us during the prayer. When we returned from the land of Habsyi I went to the Messenger of Allah to greet him. I found him praying, so I greeted him, but he did not answer, so I took a place that was neither near nor far. I sat down until after he had finished praying, I came to him and he said: “Verily, Allah reforms His affairs in whatever He pleases. And one of the things that Allah, the Glorious and the Great, has reformed is that you should not talk in prayer.”

2. Abu Hurayrah reported that the Messenger of Allah (peace and blessings be upon him) turned away from the two rak’ahs. Dhul Yadain said to him: “Did you break the prayer or did you forget, O Messenger of Allah?”. The Messenger of Allah said: “Is Dhul Yadain right? The people said: The people said: “Yes.” So the Messenger of Allah stood up and prayed the last two rak’ahs, then he said the greeting, then he bowed and prostrated like his prostration or longer, then got up. It is mentioned in another narration by Abu Hurairah that the prayer was the ‘Asr prayer.

3. Imran bin Hushain reported: The Prophet (peace be upon him) recited the salutations after three rak’ahs of the ‘Asr prayer, then he got up and entered his room, then Khirbaq, a generous man, stood up and called out: “O Messenger of Allah, did you cut the prayer?” So he came out angrily with his shawl and asked and was told, so he prayed the one rak’ah that he had missed, then he recited the salutations. Ash-Shafi’i said: “We take all of this as evidence.” Then we said: If it is essential that a person should not speak in prayer when he remembers that he is praying: If he does that, then his prayer is invalid and he must start another prayer, because of the hadeeth of Ibn Mas’ood. Then I learned of someone who differed from those whom I met among the scholars. If a person speaks during prayer and thinks that he has completed his prayer, or he forgets that he is praying and speaks, then his prayer is valid and he should prostrate himself, because of the hadeeth of Dhul Yadain. The one who speaks in this situation speaks and thinks that he is not praying, even though speaking outside of prayer is permissible. The hadith of Ibn Mas’ud does not contradict Dhul Yadain. The hadith of Mas’ud talks about prayer in a global sense, and the hadith of Dhul Yadain shows that the Messenger of Allah (peace and blessings of Allaah be upon him) differentiated between the speech of a person who is deliberate and the speech of a person who forgets that he is praying and thinks that he has completed the prayer.

As-Shaafa’i said: Some people disagreed with us about speaking in prayer, and he collected proofs similar to what was collected for us in other matters, except for oaths and witnesses and two other matters. I heard him say: “The hadeeth of Dhul Yadain is a saheeh hadeeth from the Messenger of Allah (peace and blessings of Allaah be upon him), and no other hadeeth has come from him that is more authoritative than the hadeeth of the animal in vain, and it is more saheeh than the hadeeth of the animal in vain, but the hadeeth of Dhul Yadain has been abrogated. Then I asked: “What is it that has been nullified?”. He replied: “The hadith of Ibn Mas’ud.” I said to him: “What is abrogated is when two hadiths contradict each other.” He said: “Yes.” I said to him: “Did you not memorize this hadeeth of Ibn Mas’ud, that Ibn Mas’ud passed over the Prophet in Makkah?” He said: “Yes. He said: “I met him in the courtyard of the Ka’bah and Ibn Mas’ud moved to the land of Habsyi then returned to Makkah then migrated to Madinah and witnessed the battle of Badr”. He said ‘Yes’. Then I said to him: “When Ibn Mas’ud came to the Prophet before the hijrah, Imron bin Hushain narrated that the Prophet had a camel behind his mosque. Do you not know that the Prophet prayed in his mosque except after his migration from Makkah?” He said: Yes. I said: The hadeeth of Imron ibn Hushain shows you that the hadeeth of Ibn Mas’ud does not nullify the hadeeth of Dzul Yadain and Abu Hurayrah who said: “The Messenger of Allah prayed with us.” He said: “I do not know what Abu Hurayrah’s companionship was”. So I said: “We have started by giving you the hadith of Imron, which is not difficult for you. Abu Hurayrah only accompanied the Prophet in Khaibar whereas Abu Hurayrah said: “I accompanied the Prophet in Medina for three or four years” (Ar Rabi’ doubts). The Prophet stayed in Madinah for ten years in addition to what he stayed in Makkah after the arrival of Ibn Mas’ud and before Abu Hurayrah met him. Is it permissible for the hadeeth of Ibn Mas’ud to nullify what comes after it. He said: “No.” Ash-Shafi’i said and I said to him: “If the hadeeths of Ibn Mas’ud contradict the hadeeths of Abu Hurayrah and Imron ibn Hushayn, as you say, and deliberate conversation when you know that you are praying, is that like when you are conversing and you think that you have completed the prayer or have forgotten? The hadeeth of Ibn Mas’ud is mansukh. Talking in prayer is permissible but it is not abrogated (nasikh) and it is not abrogated (mansukh), but the point is what I have mentioned, namely that it is not permissible to talk in prayer when one remembers that the person who is talking is in prayer. If that is the case, his prayer is invalid. If he forgets and speaks, and he thinks that it is permissible because he thinks that he has finished praying or has forgotten that he is praying, then his prayer is not spoiled. Then he said: “You are of the opinion that Dhul Yadain was killed in Badr, so I said: “Make of this what you will. Isn’t the Prophet’s prayer in Madinah according to the hadeeth of Imran bin Hushain, and Madinah is after the hadeeth of Ibn Masud in Makkah?”. He said: “‘Yes”. I said: “That is not for you, if the proof is what you want against what you imply, even though Badr occurred 6 months and 10 days after the arrival of the Prophet in Madinah. He said: “Was the Dhul Yadain from whom you took the narration killed in Badr?”. I said: No.” Imron called him Khirbag, and Qashirul Yadain or Madidul Yadain said: “The one who was killed in Badr is Dhusy Shimalain, even though both of them are Dhul Yadain, the name is a name that equals the name as the names coincide. Some people who adhere to their madhhab say: “We have another proof”. We said: “What is it?” He said: “Mu’awiyah bin Abdul Hakam narrated that he was speaking during the prayer, and the Prophet said:

Meaning:

“Verily, the prayer does not deserve the least of the sayings of the Son of Adam (man)”,

Then I told him: “This harms you and does not benefit you”. He only narrated the same as Ibn Mas’ood and his face was like what I have mentioned.

He said: “If I say: “He deviated from it” then I say: “That is not for you, and I say to you: “If the matter of Mu’awiyah is before the matter of Dhul Yadain, then it is erased (mansukh) and it is obligatory for you to correct the other. If it is at the same time or after it, then he has spoken about what I told him, and he did not know that speaking in prayer is not forbidden, and he did not tell him that the Prophet (peace and blessings of Allaah be upon him) told him to repeat the prayer, then it is like the hadeeth of Dhul Yadain or more, because he spoke intentionally in his words, except that he narrated that he spoke not knowing that speaking in prayer is not forbidden. Here he says in his hadeeth what I have mentioned. I said: “I say that it is like the hadeeth of Ibn Mas’ud and does not contradict the hadeeth of Dhul Yadain.” He said: “You contradicted yourself when you quoted the hadeeth of Dhul Yadain.” I said: “We differed at the base”. He said: “No, but on the branches.” . I said: “You disagree – on the text and on the matter: whoever disagrees with the text according to you is in a worse situation than one who has a weak view and makes a mistake in branching out”. He said: “Yes, and each without a reason.” I said to him: “Indeed, you differed from the branch by not even a letter from its base, so what befalls you in differing from it and in what you say that we differed from something that we did not differ from. So I ask you so that I may say, did I differ from it or not?” I said: “Ask”. He said: “What do you think of the imam who turns away from two rak’ahs, then some of the people praying with him say: “You have turned away from two rak’ahs”. Then he asked the others and they replied: “Yes”. I said: “The person who informed the imam and the people who witnessed this, and they remembered that the imam did not complete his prayer, then their prayer is invalid”. He said: “You narrate that the Prophet performed it and you say: “The people who were present with him performed it, even though you did not mention it in the hadeeth?”. I said: “Yes.” He said: “You have contradicted him”. I said: “No.” But the situation of our Imams is different from that of the Messenger of Allah.” He said: Where is the difference between the two situations, the prayer and the imam?”. I told him: “Verily, Allah, the Almighty, sent down His Fard to the Messenger of Allah, peace be upon him, Fard after Fard. He enjoined upon him that which He had not enjoined and He alleviated some of His obligations”. He said – “Yes”. I said: “We have no doubt, you and every Muslim, that the Messenger of Allah (peace and blessings be upon him) only left the prayer when he was of the opinion that he had completed the prayer”. He said: “Yes.” When he offered it, Dhul Yadain did not know whether the prayer had been broken because of the command of Allah, the Glorious and the Great, or whether the Messenger of Allah had forgotten, and he clarified the matter when he asked: “Did you tamper with the prayer or did you forget?”, he said: “Yes”, I said: “The Prophet did not accept (suffice) from Dhul Yadain, because he asked someone else.” He said: “Yes”‘. He said: “When he asked someone else, it means that he asked someone who did not hear him, and he was like that person, and it means that he asked someone who heard him, but did not hear the Prophet answering him. When he did not hear the Prophet (peace and blessings of Allaah be upon him) then he went back to him is the same as Dhul Yadain that he did not take the Prophet (peace and blessings of Allaah be upon him) at his word and he did not know whether the prayer was makrooh or the Prophet (peace and blessings of Allaah be upon him) forgot, so he answered him. The understanding is that of Dhul Yadain that it is obligatory for them to answer him. Do you not see that when they told the Prophet (peace and blessings of Allaah be upon him) he accepted their words and he and they did not speak, so their prayer was completed. When Allah, the Glorious, the Great, passed away His Messenger (peace be upon him), His obligations came to an end, neither increasing nor decreasing from what already existed for all eternity. He said: “Yes”, . I said “This is the difference between us and him. Then he said: “Whoever attends, this is a clear distinction that cannot be rejected by the pious because it is clear and obvious”. He said: “Some of your companions say that what a person talks about in the matter of prayer does not invalidate his prayer.” I said: “The proof for us is what we say, not what anyone else says.” He said: “I have told this to not only one of your companions, but he did not rely on it and said: “His experience is like this”. Then I said to him: “I have told you that experience has no meaning and no proof for you against us with the talk of people other than us”. He said: “Yes”, so I said: “Leave that for which you have no proof. And I said to him: “Verily, you have erred and contradicted the hadeeth of Dhul Yadain in its authenticity, and you have wronged yourself because you suspect me and those who say that it is permissible to talk, have intercourse and sing in prayer, whereas we have not at all permitted this and neither have they. And you have assumed that the one who prays, if he says salam before completing his prayer and remembers that he has not completed his prayer, then his prayer is invalid, just as you have assumed that a salam that is out of place is a form of conversation. But if he says the salam thinking that he has completed the prayer, then the prayer is valid. If you had only this proof, it would be sufficient for you, and we praise Allaah for your disgrace in contradicting this hadeeth and for contradicting him so much.

Writing in this form gives the soul a clear picture of the path of legal development (tashri’), criticism at the present time. And we have not come across any writing of that time that has drawn us more to its study and caused us to wonder about the ancients than this book.

And we have appended to this book a number of books, some of which were disputed by Abu Hanifah, Ibn Abi Laila and mainly by Abu Yusuf, as we have mentioned.

Part of this is the book that disputes ‘Ali and Ibn Mas’ud, which is a book in which ash-Shaafa’i collected the issues that Abu Hanifah and his companions disputed with the imams of the people of Iraq, namely ‘Ali and Ibn Mas’ud.

In Al Um he has mentioned the wrongness of disputing ‘Ali and Ibn Mas’ud and Ibnun Nadim mentioned it in At Fihrasat under the title “Maa khaalafa fihi al ‘Iraqiyyun ‘Aliyyan wa Abdallah” (something that the Iraqis disputed against ‘Ali and ‘Abdallah) – This is the correct one.

Part of this is the book Ikhtilafu Malik wa Ash-Shafi’i (Disputes between Malik and Ash-Shafi’i), a book that goes back to the experience of the Sunnah and the discussions of Malik’s companions in the requirements of the practice of the Imams to corroborate the hadeeth and help the opinion of Ash-Shafi’i, that when a trustworthy person narrates from a trustworthy person up to the Messenger of Allah, then the hadeeth is valid from the Messenger of Allah, and we do not forever disregard the hadeeth of the Messenger of Allah, except for a hadeeth that is contradicted by the hadeeth of the Messenger of Allah. If there is no contradiction in the hadith of the Messenger of Allah, and there is a hadith that agrees with it and is narrated by a person below him, and the hadith does not add to the strength of the hadith of the Prophet, then the hadith is sufficient by itself. If there is a hadeeth narrated by someone below him that contradicts it, then I do not pay attention to the contradicting hadeeth, because the hadeeth of the Messenger of Allah (peace and blessings of Allaah be upon him) is preferable, even if he knows that someone has narrated a Sunnah that contradicts the Sunnah. The Messenger of Allah (peace and blessings of Allaah be upon him) is to be followed, in sha Allah. Then he discussed the opinion that Malik (may Allah have mercy on him) had based on that contradicts this point, and he debated it.

Part of it is the book Jama’ul ilmi (kum, collection of knowledge), which is a book that helps the Sunnah and its practice.

Part of this is the book Ibthalul Istihsan (the invalidation of istihsan), in which he rejected the Iraqi fuqaha who held istihsan.

Part of it is the book Ar Radd” ala Muhammad b. Hasan (Refutation of Muhammad b. Hasan) and its origin is the book of Muhammad b. Hasan’s refutation of the People of Medina, then Ash-Shafi’i defended them. Some of the things that Ash-Shafi’i took against Muhammad b. Hasan in the discussions that took place between them, they wrote in this book where he always said: “The people of Madinah have an opinion and it is not the opinion of all the people of Madinah, but it is the opinion of Malik b. Anas, in which case most of the people of Madinah oppose him.

Some of them are Sairul Auza’i (The Life of Auza’i) and originally Abu Yusuf rejected Auza’i, then Ash-Shafi’i defended Auza’i and we have mentioned them in this book.” Some of Ash-Shafi’i’s greatest books are his books entitled: Ikhtilaful hadith Ash-Shafi’i compiled it to support the Sunnah in general and the ahad hadith in particular. In it he discusses ikhtilaful hadith (differences of opinion regarding the hadith), and this is the focus of attention of those who reject the Sunnah in its entirety or require the practice of the hadith to be based on conditions other than the state of the narrator. At first he talks about the differences of opinion, the cause of which is the permissibility of each narrator, as it is narrated that the Prophet (peace and blessings of Allaah be upon him) did ablution once, and it is narrated that he did ablution twice, and it is narrated that he did ablution three times. There are many of these in the hadeeths. Then he mentions the hadeeths in which some of them abrogate others, and the hadeeths in which some of them interpret others, and other things that are of great benefit to the scholars of sharee’ah concerning the Sunnah. The book also contains some valuable discussions with those who disagree with him, especially with Muhammad ibn Hasan (may Allah have mercy on him).

He also had the Book of Musnad, which contains hadiths transmitted from the Book of Um. And Harmalah ibn Yahya had a book on fiqh which Ash-Shafi’i took as dictation.

Al Buwaithi has the book of Al Mukhtasharulkabir, Al Mukhtasharush Shaghir and Kitab Al Faraidh. Al Muzni also has two books of mukhtashar, Al Mukhtasharul kabir but he is matruk, Al Mukhtasharush shaghir, and a book that surpasses the friends of Ash-Shafi’i, and that is what they always read, and they syllarize and he has different narrations.

He also has two books that collect (Al Jami”) namely Al Jami’ul kabir, Al Jami’ul shaghir and other books.

Some of the followers of Ash-Shafi’i’s students who wrote were Abu Ishag Ibrahim bin Ahmad Al Marwazi friend of Al Muzni. He narrated – Mukhtashar Al Muzni with two commentaries. He had the book Al Fushul fi Ma’rifatil Ushul, the book Ash Shuruth wal watsa-ig, the book. Ai Washayawa Hisabud Daur, Kitab Al Khusus wal umum.

Ibn Shuraih has several books rejecting Muhammad ibn Hasan and rejecting Isa ibn Aban. And ja has the book At Tagrib bainal Muzni wa Ash Shafi’i, and Mukhtashar fil Fiqh.

Abu Badar Muhammad ibn Abdullah Ash Shairafi who died in 330 A.H. had the book Al Bayan fi dalailil a’laam fi ushulit ahkam, a commentary on Risalah Ash Safi’i and the book of Faraidh.

There were many Shafi’is who wrote during this period, but they did not have the slightest regard for what they wrote. ‘

And I have mentioned books written in other madhhabs when mentioning their imams and figures, because we did not see any of them.

FIFTH PERIOD: THE PERIOD OF THE ESTABLISHMENT AND STRENGTHENING OF THE MADHHABS, THE SPREAD OF DISCUSSION AND DEBATE, FROM THE BEGINNING OF THE FOURTH CENTURY TO THE FALL OF THE ABBASID DYNASTY.

POLITICAL OVERVIEW

In this period the political ties between the Islamic regions were broken. If you travel from the West, you find Bani Umayah in Andalusia led by Abdur Rahman An Nashir who was called Amirul Mu’minin when he felt the weakness of the Abbasid Daulat. In North Africa you find that the Ismaili Shi’a had established a government under the name of Fatimid dynasty under the leadership of Ubaidullah Al Mahdi Al Fathimi who was called Amirul Mu’minin. As his residence the city of Al Mahdiyah was built near Tunis. In Egypt you find Muhammad Al Ikhshid who claimed descent from Abbas. You find Banu Hamdan in Mosul and Halb they also claim to be descendants of Abbas. In Yemen you have the Zaidiyah Shivah which has deep roots. You have the Daulat Ad Dailami which is known as the Daulat of the Banu Buwaihi holding practical power in Baghdad while the Banu Abbas are mere names. You have the Samanid dynasty, a dynasty whose pillars were firmly planted in Khara on the other side of the river in Masyrik. Thus, the Islamic world was disconnected, its regions scattered and there was no political unity.

Each group of rulers antagonized and deceived the other. The greatest deception was that between the Banu Abbas in Bagh. dad whose power was receding and the Banu Fatimid whose center was strong because it controlled Egypt and Sham. They sent agile preachers to the Islamic regions to spread their message. The Abbasids organized meetings to break ties with the Fatimids and they distanced themselves from the descendants of Az Zahro (Fatimah Pen) and they made it compulsory for lectures to be attended by honorable people and scholars either submissively or by force. The Buwaihi who held power followed the Shi’ah, but they maintained the Banu Abbas so that their power would continue to survive, because if they had transferred the error to the descendants of ‘Ali (Alawiyin) their power would have disappeared, because according to the law of faith they were forced to submit to the descendants of ‘Ali. Thus the law of politics overcame the law of creed, but it was only for a short time that the Saljuks moved from the east announcing the transfer of government to the Turks, then the Saljuks wiped out those who were defeated before them, then they took control of all of Arabia and drove the Banu Buwaihi from Baghdad and occupied their position. They left the Abbas family alone, for the Saljuqs had no place in Shi’ism. Then their empire extended to the west of Baghdad and they took control of the peninsula and Central Asia. Then they fought the Fatimids who ruled the Levant. And they had a name that was held in high esteem throughout Islam apart from Egypt and the Maghrib countries behind it. When the strife spread some of them killed others and strife was the most ancient disease of the empire. Weakness and opposition to the Egyptians in the Levant was the cause of the winds of war! The crusade that was undertaken at the end of that century, and they took possession of Baitul Mugadas and did not stop there as is known in the history of this war.

The Saljuqs did not remain silent in order to scatter them and in their wake another ‘Turkic state was established known as the Atabikiyah, a family that was loyal to the Saljuqs. And its head was one of the Saljuq commanders and the educator of their children was one of them known as Atabik. The Atabikiyah states were spread across Iraq and the Maghreb. In the hands of one of their kings, Mahmud Nuruddin, the Fatimid dynasty in Egypt fell and the Abbasid invitation to return to Egypt, and under this influence the dynasty of Saladin Yusuf bin Ayyub, one of Mahmud Nuruddin’s commanders, was established.

As for the far East, the Daulat of Khawarizin Shah had been established and it was so large that it almost reached Baghdad. That was at the end of the sixth century.

The great fortress was not quieted until the locks were opened, and the Mongols swarmed over the Turkic nations like a flood, not to be deterred in the least under the leadership of Jengis Khan the builder of the Tartar Union. They eliminated those in front of them who opposed them or stood in their way. Thus it was that at the beginning of the seventh century Hiiriah Jengis Khan died after dividing his empire into four parts for his four sons. He expanded his imagination imagining that the whole world should be subject to his children and grandchildren. His sonyajthai was given the western part as far as the sea (Mediterranean, Pen.), controlling the eastern part as far as China for a son. The North was given to his son Jaji, and the original kingdom to his son Auw Ja Thai.

Thus this man gave his son a share of the world from the shores of China in the Far East to the shores of the Roman Sea in the Far West.

It was not long until Holako Khan the grandson of Jengis Khan at the head of the army in Baghdad, the capital of Islam, and others killed the caliph of the Abbas family, the man whose name is mentioned in most Islamic pulpits. After being captured and completely destroyed, Baghdad became the capital of a non-religious government. There the man-made laws of his grandfather Jengis Khan came into effect and were known among them as the Al Kasah. These historical events are considered the dividing line between ancient Islamic history and medieval Islamic history.

At that time the Ayubid dynasty in Egypt had collapsed and its position was occupied by their servants from the Turks who had spread out, some of whom were Shalih Najmuddin. The fourth king, Malikuzh Zhahir Biberis Al Bundagdari, immediately pledged allegiance to a descendant of the Abbasids who had come to Egypt in his time and was regarded as the caliph of Islam. The caliph was given dominion over Egypt and all that belonged to it. At that time Cairo (Qahirah) took the place of Baghdad. It was where the Abbasid Caliph who had the name and power directly held the government as Baghdad was during the time of the Buwaihi and Saljuk families.

This is a small picture of the political situation in Islam during this period. As for the state of science, it was not as chaotic as the political situation, but it continued to develop, especially during the Saljuk period in the east and the Fatimid Daate in Egypt. In this period, great scholars and thinkers emerged. In the development of Islamic law (tashri’ Islami) they had a role that we will detail in the following features, except that it must be noted that the spirit of freedom (liberty) in the development of law has weakened because it follows the weakness of political freedom. The high spirit that dictated to Abu Hanifah, Malik, Ash-Shafi’i, Ahmad, Dawud b. ‘Ali, Muhammad b. Jarir al-Tabari and others like them is left with a weak rider. It was the spirit that dictated to Abu Hanifah to say

Meaning: They are men and we are men.

Dictate to Malik in his words:

Meaning: “There is no one except for his opinion”

But he left all but the Messenger of Allah. And dictated to others than these two with words that resembled those words and then – the place of the spirit was occupied by something we call the “spirit of taklid”.

1. RUH TAKLID

By taklid, we mean accepting the rulings of a particular imam and treating his opinions as if they were texts from Shari’ah that the taklid is obliged to follow.

There is no doubt that in every period of the past there were mujtahids (those who did jihad) and mugallids (those who followed blindly). The mujtahids were the fuqaha’ who studied the Book and the Sunnah and had the ability to deduce rulings from the text or from what it implied. The mugallids are ordinary people who do not devote themselves to the study of the Book and Sunnah to the extent that they become experts in reasoning: when they come across an incident they rush to the jurist in their country for a fatwa. As for this period, the spirit of taklid was prevalent, and the scholars and others from the majority were allied in this. After the one who wants to do fiqh is first busy studying the Qur’an and the narrations of the Sunnah, both of which are the basis of ijtihaad, then he studies the books of a particular imam and learns the way in which that imam wrote the rulings. When he has accomplished this, he becomes a scholar of jurisprudence (fuqaha’).

Some of them were so ambitious that they would go beyond a book on the rulings of their imam, or they would summarize what had gone before, or they would synthesize what had been separated in different books, And one of them does not dare to speak on an issue that contradicts the ruling of his imam, as if the truth has descended on the tongue and heart of his imam, so the Hanafis of this period, and their imam, Abul Hasan Ubaidullah al-Karchi, said: “Every verse that our companions investigate is either interpreted or annulled, and every hadith is either interpreted or annulled”. This is how they give rulings to people

Jain and the door was opened to choosing an opinion. We have no doubt that among the fuqaha’ of this period there were great imams, and the narrations of some of them came soon after, and we do not think that they were less knowledgeable about the matters of tashreeh and the way of reasoning than those who preceded them, but they did not have the freedom that the earlier ones favored. Ash-Shaafa’i (may Allah have mercy on him) had such freedom in his reasoning that it was easy for him to decide one day on something that appeared to him, and there was nothing to prevent him from changing it the next day when evidence appeared that required a change. This was also the case with the other Imams. This freedom was also shared by the Companions and Tab’in. ‘Umar ibn Khathab (may Allah be pleased with him) decided that the siblings should be excluded along with the brothers and sisters, the mother and the husband: the following year he joined the brothers in one-third of the property, saying: “That is what we decided before, and this is what I am deciding now”,

As for the scholars of this period, each of them adheres to a particular madhhab and does not go beyond it and exerts his God-given abilities to help that madhhab either globally or in detail, even though it is not in the hearts of these scholars that any imam’s ijtihad is valid. The Imams themselves acknowledge the possibility of error on their part, and the possibility that there may be other sunnahs that they do not see, so that not one of them may say this:

Meaning:

“If the hadith is saheeh, then it is my madhhab, and make my words the width of the fence.”

Al-Karkhi said: “Any hadeeth that contradicts something that our companions have, then it is either interpreted or annulled”. I saw in the translation of Ibn Subki by Abu Muhammad Abdullah ibn Yusuf Al Juwaini, the father of the Imam of the Haromain, that he started a book called Al Muhith, in which he intended to eliminate the attachment to the madhhabs and to stop and not go beyond what was brought by the Hadith and to avoid being fanatical about the madhhabs. In it he criticized new ideas and explained to him that the one who took the hadith from him was Ash-Shafi’i (may Allah be pleased with him) and that he hated the hadith of Ash-Shafi’i (may Allah be pleased with him) because it contained illusions known to those who research hadith work.

When the treatise reached Shaykh Abu Muhammad he said: “This is the blessing of knowledge and he prayed for Al-Baihagi and left the completion of the essay. Then Ibn Subki corrected the mistakes in al-Baihagi’s treatise, although Ash-Shafi’i (may Allah have mercy on him) took this rebuke as an ijtihad for himself. In confirming the hadeeths, he relied on trustworthy hadith scholars who distinguished between saheeh and diseased hadeeths. It is noteworthy that al-Baihagi mentioned that al-Juwaini emphasized that something is prescribed so long as a person has the ability to reason and is free to do so,

If this is the case, then there must be some cause for the loss of this spirit. We will explain them to the best of our ability, namely:

1. Noble disciples.

We have not found any reason for the spirit of a scholar to spread in the souls of the majority more smoothly than when he has powerful disciples who follow his path, and they have a position among the majority. The disciples’ being influenced by the path of an imam leads them to admire it, to follow it and to defend it. Their standing amongst the general public invites the general public to learn from them and act upon their fatwas. He was in dire need of imams to put his trust in and filter the laws of sharee’ah. It so happened that the great Imams, whose madhhabs still existed, had students who were of high rank, had clear proofs and were highly esteemed in the eyes of their nations and kings.

They recorded the rulings they received from their imams, and a large number of their disciples learned them and then they circulated them among those who followed them because they trusted the one who gave them fatwas. The trust of the kings in the disciples of the imams led them to leave the judiciary to the one with whom they consulted, and they only consulted those in whom they had confidence, and the greatest of those in whom you have confidence is the one who is influenced by you and whose opinion agrees with yours. So that is a great element in strengthening the basis for the madhhab of the one who has such disciples. When trust in the Imams becomes firmly rooted in the hearts of the majority, then it becomes difficult for anyone to establish a new madhhab and call people to follow it, because they will be considered to have left the community, and we do not forget the deceitfulness of the discussion partners when it becomes known to the one who is spiteful. It is a sad fact that envy is an element whose flame does not die out at any time. It appears that a fakih whose soul is capable of doing jurisprudence is not wearing this garment, but is content to end up as a mujtahid of the madhhab.

The definition is that he only gives a fatwa on an issue that arises in the absence of a text from his imam, or he looks at one of his imam’s two opinions on an issue. In this period there were many of them.

2. Court.

In the past the caliphs chose judges from among men who were knowledgeable about the Book of Allah (the Qur’an) and the Sunnah of his Messenger, and were able to derive rulings from them. The caliphs put the burden on them to decide what was evident to them after they had been required to apply the texts in a case where there was a text, or the opinion that was closer to the texts, as Umar wrote to his judge Abu Masa Al Ash’ari

Meaning:

“A decision is an obligation that is not erased or a sunnah that is followed”.

Then he said:

Meaning:

“Understand, understand in that which stammers in your breast about something that is not in the Book (of the Qur’an) and the Sunnah. Know similar matters and then analyze them and aim for that which is closest to Allah and most resembles the truth”.

When it is not clear to them what the truth of a matter is, they consult the muftis of their country, and perhaps they send deputies and take the muftis’ view on some issues. The trust of the majority in the judges is great, but the circumstances of society change as time passes and some of the judges do not maintain this trust, or there are scholars in their country who can undermine this trust by exposing the faults of the judges to those who seek fatwas, as happened to Ibn Abi Laila, the judge of Kufa, by his fellow fuqaha. When the trust of the majority in the judge wanes, they tend to want the judge to be bound by certain rulings, so that the judge is not prone to deviate from them, at times ruling in accordance with the mufti’s opinion when it suits his purpose, and at other times deviating from the mufti’s opinion. At the same time, the followers of the mujtahideen recorded the rulings they received from their imams.

And there spread in every Islamic country something that required the dexterity of the students to broadcast it. Then people were inclined to have the judges adopt the known madhhab that he followed in court and did not go beyond it, and that the madhhab should be the one that had been recorded and was known. Thus the madhhabs whose followers were not adept at recording and teaching them were wiped out so that they could be easily obtained. When a king or sultan makes himself available to follow a madhhab and restricts the appointment of judges and followers, this is a great reason for its propagation and the increase in the number of scholars who practice and propagate it, such as the help of Mahmud Sabaktakin and Nizhamul Multi for the Ash-Shafi’i madhhab in the Eastern countries and Saladin Yusuf ibn Ayyub in Egypt, as well as the help of the Turkish Mansur who followed the Hanafi madhhab entirely for the Hanafi madhhab. If a tycoon or ruler establishes a school and confines its studies to a particular madhhab or madhhabs, it becomes a new help. Shah Waliyullah Ad Dahlawi says in his treatise entitled Al Inshaf fi bayanil ikhtilaf (by narrating from Abu Zur’ah the student of Al Bulqini) once I said to our teacher Imam Al Bulgini : “Did Shaykh Taqiyuddin As Subki neglect ijtihad when he was deemed to have the tools to do so, and how did he act?” He said: “He did not mention it,” i.e. Al Bulqini, his teacher, because he was ashamed of him, when I wanted to mention it. So he was silent, and I said: “In my opinion, the only barriers are the functions prescribed for the fuqaha’ of the four madhhabs. Whoever goes outside of that and does jurisprudence does not have any benefit from it, his jurisdiction is forbidden, people are prevented from seeking fatwas from him, and he is labeled an innovator. Then he smiled and agreed with me on that.” Along with al-Bulgini’s agreement with Abu Zur’ah’s statement, the author of al-Inshaf did not agree with it, because he took a dim view of what Abu Zur’ah said about leading great scholars to abandon ijtihad. He quoted a phrase from Sayuthi in Sharh al-Muhadzdzab, which means that absolute ijtihad is when a mujtahid is a person who is a member of the nation, and he does not lose his allegiance to the imam to whom he is a member, such as Abu Ishaq Ash-Shirazi, Ibn Shabagh, Imam al-Haramain, and al-Ghozali. The definition of nationality to the imam is that he follows his own path of ijtihaad: examining the evidence, ranking some over others and agreeing with his ijtihaad. If he occasionally disagrees, then he ignores the difference and does not go out of his way except in a few cases. This is not faulty according to the ash-Shaafa’i madhhab. This is what Waliyullah narrated, and it does not negate the validity of what Abu Zur’ah mentioned, although we do not think it is permissible to take it in general terms and interpret it as leading all fuqaha to taklid.

3. The madhhabs that we have mentioned, each madhhab happened to have people who kept books and were trustworthy, and the majority of them adopted them. Have you not seen what Ash-Shaafa’i (may Allah have mercy on him) said: “Al-Laits was more intelligent than Maalik, but his companions did not do that, because they did not want to record his opinions and transmit them to the majority, as they had recorded Maalik’s opinions. Al-Laits ibn Sa’d did not attain high honor in Fiqh when his students did not record his opinions, and as a mujtahid mufti his name was forgotten although his greatness still remains among the hadith experts (muhaddithin) because he was also a trustworthy narrator.

There were many people like al-Laytah among the Imams, the Sahaabah and the Taabi’een, whose opinions and judgments were a light for those who came after them. And we have mentioned their names in the previous section.

In this period the scholars’ subordination to the Imams did not make them stop at the limit of mere taklid, rather they had functions that raised their status and exalted their honor, because :

1. They act by revealing the rulings that have been derived by their imams. They are called takhrij scholars. The definition of takhrij is to discuss the illat of the ruling. Most of the scholars who dealt with this were Hanafis. Many rulings were narrated from their imams without any illat, so they used their ijtihad to explain the points that the imams made in their ijtihaad. Sometimes these scholars differed in their opinions about the rulings. Explaining the illates opened the door to fatwas for them on issues for which there was no text from the imams, when the illates of the texts were known. At that point, they make what is known in the field of fiqh as their ijtihad, and this is their imam’s method of reasoning. I have explained this definition in my book entitled: “Ushul al Fiqh” based on the research that I have accomplished. Then I found in Shah Waliyullah ad Dahlawi something that corroborates this in his earlier treatise.

He said: “You know that I find that most of them think that the reason for the difference of opinion between Abu Haneefah and al-Shaafa’i (and the difference between Abu Haneefah and his companions) is based on these points mentioned in al-Bazdawi’s book and so on, but the truth is that most of them are based on their opinions. I think that the issue of saying that the khash is clear and not accompanied by any information or additions is wiped out, and that the ‘am is as certain as the khash, and that one should not favor it because of the number of narrators, and that it is not obligatory to follow the hadeeth of anyone other than the fuqaha’ when the door to ra’yu is closed. They do not regard the conditions and attributes as obligatory, and what is obligatory is only obligatory (wujub). Such things are ushul (principles) that are derived from the words of the Imams. It is not valid to narrate from Abu Haneefah and his two companions, and that is not what is to be preserved. Making the burden of answering the work of those who preceded us in reasoning, as al-Bazdawi and others did, is more right than maintaining the difference and answering what comes from it. Then he gave examples for each of these rules and what came to the Hanafis and the answers they gave to these rebukes. The Shaafa’is paid less attention to this endeavor because the points (ushul) of their imam had been recorded by Imam Shaafa’i himself and were transmitted to his companions as they were more spared from the discussions and debates that were to come.

1. Mentarjih (favoring) different opinions within a madhhab. This is of two kinds:

1). Interpretation in terms of history.

2), Pentarjihan in terms of dirayah (knowledge).

As for the narrations, they have differed on some issues from their imams. The madhhabs of the Imams were narrated by more than one person, as you have seen, for example, that the opinions of Abu Haneefah were narrated by Muhammad ibn Hasan, and others took them from him, and some of them were narrated by Abu Yusuf, and they were taken from him not only by Muhammad, but also by his companions, such as Hasan ibn Ziyad, Isa ibn Aban and others.

Likewise the books of Muhammad were narrated by not just one person. Indeed, you will find that they differed in their narrations. This may be due to a mistake in some of their narrations, or it may be due to the imam’s own indecisiveness in his opinion, in which case he may say one thing, then the next day he changes it, and each person narrates something different from what the others narrated. We have also seen the opinion of ash-Shaafa’i, which was narrated by Rabi’ ibn Sulaiman, al-Muzni, Harmalah, al-Buwaithi and others, who differed in their narrations because of the first two reasons. The same applies to the view of Maalik, which was narrated by Ibn Qasim, Ibn Wahab, Ibn al-Majisyun, Asad ibn Furat and others. Part of the work of the scholars after the establishment of the madhhabs was to express their opinion as to which narration was superior, and they favored the narration that they felt confident in because they believed in it, just as the Hanafis favored the narrations of Muhammad over those of all his companions. And they favored the hadith written by Muhammad, namely his books, which were narrated by trustworthy people such as Abu Hafsh Al Kabir and Al Jauzaja – they called this narration the evidence.

Likewise, the Shaafa’is favored the narration of Rabi’ ibn Sulaiman, so that if Rabi’ and al-Muzni narrated a narration, they gave precedence to the narration of Rabi’, knowing the high rank of al-Muzni in fiqh, in which case they favored him over Rabi’, and they weakened the narration of Harmalah when they contradicted each other. Likewise, the Maalikis favored some of Ibn Qasim’s own narrations, which they favored because of their increased trust in the narrators.

As for the second type of interrogation, it is an interrogation between the valid narrations of their imams when they differ, or between what is said by their friends who are loyal to them. This is only done by those fuqaha’ who know the main points of their imams and their ways of reasoning, so they give preference to the opinions that are in accordance with these points or that are closer to the basic principles of fiqh, namely the Book, Sunnah and Kiyas. It is natural that there will be differences of opinion among the commentators in this regard. The degree to which a jurist is recognized as being proficient in a madhhab depends on the degree of research and practice that he is known for.

3. The actions of each group in support of its madhhab are both global and detailed. Globally, this means that the group broadcasts what is good about the imam of the madhhab, which is that he is knowledgeable, wara’ and honest, good at reasoning, and follows the Book of Allah and the Sunnah of His Messenger (peace and blessings of Allah be upon him) perfectly. Very few scholars of a madhhab do not characterize their imam as the Imam of the Imams, and they mention the qualities that make him one of the greats in the field of fiqh and ijtihad. Perhaps some of them went too far, so there are those who disagree with the Imams, but they are not many. The details are that they favor one madhhab over another in every case of khilafah, and for this purpose they have made a book of khilafah in which they mention the conflicting issues, and in every case they favor the madhhab that they follow, and in many cases they are not free from openly insisting on it, and in other cases they deliberately discuss it in private. And I will tell you about these discussions, because they were an important issue in this period.

2. THE SPREAD OF DISCUSSIONS AND DEBATES

In the past period there were discussions. Many times Ash-Shafi’i narrated some of the discussions between him and Muhammad ibn Hasan, an Iraqi jurist, but they did not spread among the scholars. According to the text, the purpose of the discussions was only to lead to correct reasoning. There was nothing that prevented them from changing their opinions when the truth appeared to them, because they were free in their opinions and one of them was not bound to a madhhab nor to a particular opinion. But in this period the situation has changed from the beginning of these discussions, their impetus and their results.

According to estimates, the discussion circles were so widespread that almost every major city had one among its great scholars, especially in Iraq and Khurasan.

The assembly was held in the presence of ministers and dignitaries and was attended by many scholars and in the assembly of ta’ziyah (Check Thobagot Ash Shafi’iyah fitarjamati Ash Shaykh Abu Ishag Ash Shirazi). Abul Walid Al Baji said: “The custom in Baghdad is that if a person is afflicted by the death of a respected person, he sits for a few days in the mosque of his congregation, and his neighbors and relatives sit there. When a few days have passed, they visit with the intention of consoling him, and then return to their usual work. During the days of visiting with their relatives and neighbors, they usually spend their time reading Qur’an or discussing various issues with the fuqaha.

Books were written on guidelines for discussion and especially on the Science of Civility (Adabul Bahtsi). In the beginning, the discussion was about the science of Kalam until it led to ugly fanatics and grudges that spread and went beyond the point of drawing blood and tearing down the state. Some of the amir’s men tended to discuss Fiqh and explain which was more perfect between the Shafi’i and Abu Hanifah madhhabs in particular.

So people abandoned the science of kalam and the other branches of knowledge, they left out the issues of khilafiyah (difference of opinion) between Ash-Shafi’i and Abu Hanifah in particular, and they took it lightly to disagree with Malik, Sufyan, Ahmad and others.

As for what prompted them to do this, it was to please the emirs, although they deceived themselves under the pretext that they were aiming to deduce the details of sharee’ah, to establish the reasons for the madhhabs and – as a prelude to the fatwa – the points of fatwa. It was established by their imam Hujjatul Islam Abu Hamid Al Ghazali that he was a proof of that, he was one of their heads, one of their speakers and the most meticulous of them, then he lifted the lid, then he left the sweet talk outside of false fame to return to Allah. And we have not found anyone who has explained the defects of a situation more than someone who has dived into it and then left it. Al Ghazali said: “Verily, people confuse themselves by saying that helping in the search for truth is a part of religion. In fact, it has eight conditions:

1. Do not busy yourself with fardoo kifayah for the one who has not completed the fardoo ‘ain. If a person who has an obligation that is fard (ain), then he busies himself with fard (kifayah), thinking that he is doing the right thing, then he is lying. For example, the person who abandons prayer and goes naked in order to produce and weave clothes and says: “My aim is to cover the ‘awrah of those who pray naked and have no clothes”. In fact, this is appropriate and possible, because the conjecture of the jurist is that the occurrence of things that are rare and subject to discussion is possible. Those who are busy with discussions neglect the matters that are obligatory by consent. If a person presents himself to Allah, then he rejects the mandate immediately and stands up and makes takbir for prayer, which is a small part of his approach to Allah, may He be glorified and exalted, but he disobeys Him, because it is not enough for a person to submit (obey) by doing a kind of submission (obedience) so long as the time, conditions and order are not maintained in it.

2. Does he not think that fardoo kifayah is more important than discussion? If he sees something that is more important and does something else, then he is disobedient for doing that. An example of this is a man who sees a group of thirsty people who are about to perish and people are neglecting them, and he is able to provide for them by giving them water to drink, but he busies himself with learning how to do cupping, thinking that cupping is fard (obligatory), so if there is no one in a country who can do cupping, then the people will perish. When it is said to him that there is a group of cuppers and there are rich people beside them, he says: “This does not take this action out of its state of fard kifayah”. The situation of a person who learns cupping and neglects the plight of a group of Muslims who are thirsty is like a person who engages in discussion while there are many obligatory duties in the country that are neglected and no one is doing them, and they are prescribed by medicine, as well as enjoining the good and forbidding the evil.

3. The one who discusses should be a mujtahid who gives a fatwa based on his own opinion, not on the madhhab of Ash-Shaafa’i, Abu Haneefah and others, so that when the truth appears in the madhhab of Abu Haneefah, he may leave something that is in accordance with the opinion of Ash-Shaafa’i, and give a fatwa based on what is clear to him. As for the one who does not have the level of ijtihaad, which is to give rulings to people at all times, what benefit is there in discussing that with him, when his madhhab is known and he has no other fatwa?

4. Do not discuss anything except matters that have occurred or are likely to occur. They are not concerned with clarifying issues of evenly distributed danger but rather they seek to be heard and then expand the debate. How about that, perhaps they say: “‘This is a matter of news or of angles and not of drums'”.

5. Discussion in a quiet place is preferable and more important than at festivals and in front of princes and kings, because indeed the quiet place gathers more understanding and is more suitable for clearing the heart and mind and obtaining the truth. You know that their temptation to the assemblies and festivals is not for the sake of God, and one of them hides himself from his friend for a long time and does not speak to him, and perhaps ja proposes but he does not answer. When there is progress or organization in an assembly, he leaves no stone unturned, so that he is the one who speaks.

6. In searching for the truth, one should be like a man searching for a lost thing: he does not distinguish between whether the lost thing is found by his hand or the hand of the one who helps him, and he looks upon him as a helpful friend and not a quarreler, and he thanks him when he points out his faults and reveals the truth to him. The debaters of our time when the truth appears on the tongue of their opponent, one of them becomes red in the face and ashamed and tries to oppose him to the best of his ability and reproaches the one who blames him all his life.

7. A person should not prevent his helper in discussion from moving from one argument to another, or from one difficulty to another. From his words come all the details of the debate, which are made up with something that is useful to him and imposes a burden on others, such as saying: “This is not necessary for me to mention”, and “This contradicts your first statement”, then it is not acceptable because returning to the truth is against invalidation and is obligatory to accept, and you see all these celebrations lead to self-defense and arguments.

8. One should discuss it with people who can benefit from it, i.e. people who are busy with knowledge. Usually they avoid discussing with great scholars and scholars, for fear of the truth appearing on their lips. They like people who are below them because they want to invalidate them.

Then Al Ghazali added a chapter describing the dangers of discussion and counting :

1. Envy
2. Being arrogant and exalting people, so that they quarrel in assemblies, compete in exalting and demeaning, draw near to the back and away from it, and enter first when the way is narrow. Perhaps the ignorant person is deceitful, claiming that he is trying to preserve the honor of knowledge, while it is forbidden for the mu’min to humble himself. Then they view humbling oneself (tawadhu?) as humiliation, and arrogance as the glory of religion by changing names and misleading creatures.
3. Grudges, people who discuss are hardly spared from them.
4. Swearing. In fact, it is almost inseparable from recounting the words of his enemy, and reproaching him. The purpose of his memorization is to justify what he narrates and he does not lie in his narration. His narration must be something that points out the outrageousness of the other person’s words, weakness, and lack of merit, hence swearing.
5. Spying and following people’s private parts. The one who discusses is not free from looking for the slip-ups of his friends and following the veins of his opponents so that he narrates the coming of the one who discusses to his country. The one who tells it seeks the secrets of his situation and asks about its consequences so that it counts as a deposit for himself in reproaching and embarrassing If there is a need that touches him so that he wants to reveal the circumstances of his childhood and disability. Perhaps he slips up on his faults or defects such as baldness or something else. Then when he feels defeated in that regard, he replaces it with something else. And that is considered to be good, and it is considered to be from a soft cause, and it does not prevent him from explaining it when he is boasting with ignorance and gloating, as he narrates about a people, namely the rulers of the people who discuss and are counted among their leaders.

1. Delighting in people’s vices and being displeased with their pleasures. Anyone who seeks the luxury of displaying virtue must delight in anything that brings disrepute to his friends and all the forms of virtue that they exalt each other in. The hatred between them is like that of wives who have been betrothed, just as one of them sees her honey from afar and is startled and turns pale. Thus you see the one who discusses when he sees his discussion partner, his yupana changes and his mind shakes as if he is witnessing an incoming shaitan or a dangerous wolf.
2. Nifak.

They need it, because they get their debaters, sympathizers and supporters, and they cannot avoid affection and expressing longing outwardly and respecting their position and situation. The one who speaks, the one spoken to and everyone who hears it knows that it is a lie, deceit, nifag and abomination because they are loving in their mouths but hateful in their hearts.

1. Arrogance, hatred of the truth, and eagerness to debate, so that what the debater hates most is the appearance of the truth on his interlocutor’s tongue. Whenever the truth appears, he is ready to oppose and deny it with the utmost effort and directs the peak of his abilities in deceit, effort and effort to reject it so that the debate becomes an instinctive habit, where when he hears a word, he is moved by the urge to oppose it instinctively so that it overpowers in his heart the arguments of the Qur’an and the words of Shara’, then some of them hit others.

1. Riya’ and paying attention to creatures and being earnest in appealing to their hearts and turning away their faces, even though riya’ is an incurable disease and invites to the greatest of sins. And the one who discusses only intends to win the favor of the people and get praise from them.

This is a great result, removing a group of fuqaha’ from the high place they should occupy because they are the guardians of shari’ah and the guardians of religion, so it is obligatory for them to be of perfect character.

But discussions that are not for the sake of Allah have led many of them to be tempted by something that has been described by someone who was tempted by such a temptation and was saved by Allah.

Ibnus Subki said in Ath Thabagat: Abu Hay yan At Tauhidi said: “I heard Shaykh Abu Hamid say to Thahir Al Ubadani: “Do not comment much on what you hear me say in debates, because there the words are used to deceive the opponent, blame him and defeat him. Our words are not sincere for the sake of Allah. Had we wished it to be so (sincere for the sake of Allah – Pent) we would have been quicker to be silent than to prolong our words. If we multiply this, we will return to the wrath of Allah. In that case, we try to find the mercy of Allaah.

ISMAIILI MADHHAB.

This period is distinguished by the emergence of the Ismaili school of thought in Egypt and the countries that followed it. The Isma’ili madhhab is one of the Shi’a madhhabs that raised Isma’il bin ja’far bin ash Shadig and they left his brother Musa bin Ja’far who is known as Al Kazhim. thus in the Islamic world there are three madhhabs namely Zaidiyah, Imamiyah twelve and Isma’iliyah.

Some of these madhhabs contradict others, but they are all united by descent. When Al Mu’iz lidinillah came to Cairo which had been built before his arrival and the city was named after him, he was with a great scholar and Isma’iliyah jurist. On that occasion he appointed a Supreme Judge (gadhil gudhah) in Egypt. This was the first time this had been recognized in Egypt. Before that there was a Supreme Judge in Baghdad the palace of the Grand Caliphate. This judge ruled among the people according to the Ismaili madhhab in matters of inheritance and other matters. Regarding family inheritance there are differences with the majority in various issues, the important thing according to them is that there is no ashabah and ‘aul. And they replace relatives in the place of ashabah. Relatives who are closest to each other inherit from the deceased, both male and female. According to them the first level is the parents and children. The second degree is older brothers and brothers and sisters. Thus, those who are farther away do not inherit from those who are closer. If a deceased person leaves behind a daughter without both parents, the daughter receives half of the estate as a fard and the other half as a radd. Therefore, no one has succeeded Fatimah, the daughter of the Messenger of Allah (s.a.w.) in inheriting from her father.

No one inherits with his mother from brothers and sisters. In addition to the opinion on family in the rules of inheritance, namely kinship, they give precedence to the son of a biological uncle over a paternal uncle in the event that the uncle is closer than the uncle’s son. They justify this by the consensus of a group of scholars who rejected it. They have many issues based on this point that contradict the majority opinion, which is derived from the words of the Prophet (peace and blessings of Allaah be upon him).

Meaning:

“Give the definite part to the expert and the rest to the man who is better”,

They waive ‘aul by including the shortfall in some of the ash-habul furudh (those who must have a share).

With the Egyptian courts ruling on this madhhab, the scholars taught it at Al Azhar University, which became their foundation. So the books were written and they gave monthly stipends to the scholars and students. This was made one of the doors of da’wah and the work of the da’is and their helpers was attributed to them, because they were keen to attract the majority to the Isma’ili madhhab. But that did not bring about the intended result, because the Maliki and Shafi’i madhhabs had earned a high place in the hearts of the majority, so it was not possible to do any destructive work in canceling or weakening them. And the scholars of the two madhhabs continued to have teaching spaces in the ancient mas jids of Egypt.

Abu Ahmad bin Al Afdhal minister Al Muntashir was finally forced to simplify the affairs and determine four judges who each decide and determine inheritance with his madzhab namely Isma’ii judge, Imami judge, Maliki judge, and Shafi’i judge. The existence of various judges was the first time in Egypt. It was in the year 525 A.H. When the government was getting weaker, Abdul Ma’ali Mujli bin Jami’ Ash Shafi’i, the author of Adz-Dzkha-ir was appointed as the Supreme Judge (Qudhatul qudhah) in the year 547 A.H.

When Saladin was Minister of Social Affairs, he eliminated the prominent things of the Ismaili Daulat and expelled its judge Jalaluddin Hibahullah bin Kamil Ash Shuri, and Shadruddin Abdul Malik bin darbas Al Kurdi Ash Shafi’i served gadhil Qudhah (Supreme Judge) in Cairo in 566 AH. Saladin fought the Ismaili Madhhab in Egypt until the madhhab was not influential and broke the relationship between us and that people so that we hardly saw any of their books, whether Fiqh or other books. The courts operated under the Shafi’i madhhab until the arrival of Azh zhahir Biberes where he repeated the existence of various courts but limited them to the majority madhhabs, namely: Shafi’i Maliki, Hanafi and Hambali.

It is not possible for us to estimate the extent of the success of the Isma’ili madhhab in Egypt and the number of people who followed it among the people of that particular nation, but we know that its influence among the general public was very little because it is narrated that they ran away from the external rules and creeds of the Isma’iliyah and the fuqaha did not accept them, rather they marked them as signs of disbelief and anti-God (ilhad). So the majority ran away from it, and even more so from the army that it had joined, and that strengthened their belief that this madhhab was out of the religion that they had inherited from their imams and scholars.

3. MADHHAB BIGOTRY BEGINS

It is worth noting the tolerance that wafts through the breeze of bases whose spirit: dominates the past period, where differences of opinion did not affect To hate friends of madhhabs that differ between some and others. Sometimes in one country there are two or more mujtahids, each of whom allows the other to do ijtihad and does not criticize him. Most of the time it is known that one of them will point out the faults of the other in a particular matter and sometimes criticize him in writing or in person, but each of them respects the other and even loves and praises him. We have previously mentioned the letter of Al-Laits b. Sa’d to Malik b. Anas, and the criticism that Ash-Safi’i made of Abu Hanifah’s matters. But he said: “In jurisprudence, people needed Abu Hanifah, and he praised Muhammad b. Hasan, his great discussion partner. To Ahmad b. Hambal, his student in Fiqh he said: ? If a hadith is saheeh according to you then tell me about it.”

When a hadith is mentioned he says: “What you have is a penetrating star” and so on, words that show the high level of tolerance and love among the fuqaha and the holy Imams. In this they followed the people who preceded them, namely the sahabah and tabi’in.

As for this period where the spirit of taklid had spread and dragged them to defend the issues of their Imams as we have said, and the governors asked them to explain before them in the field of discussion which consequently led them to something that Imam Al Ghazali hated and group fanatics because of self-defense and debate and considering others as enemies as Al Ghazali revealed about it.

A group of them fell into an enmity that was followed by the general public and almost led them to order that it is forbidden to offer prayers to someone of a different madhhab on the basis of the rule: “We do not know when this rule was invented,” is an expression for following the madhhab of the person being prayed for instead of the madhhab of the imam. It is known that many of the prayers of the Shaafa’is are invalid in the view of the Hanafis, because a person of the Shaafa’i madhhab does not perform ablution when blood comes out of his body, because that does not invalidate ablution according to his imam. Similarly, a Hanafi does not perform ablution by touching an ajrabiyah (non-mahram) woman because this does not invalidate ablution according to the Hanafi Imam, and he also does not say.

One of the verses from Surah Al-Fatihah, which according to the Ash-Shafi’i view, prayer without that verse (Bismillahir Rohmanir Rohim) is not valid. Such things cause doubts in the heart of the ma’mun when he wants to mum for someone who is of a different madhhab. We do not know how they came to say this when the Imams of the madhhabs tolerated ijtihaad and differences of opinion, and regarded the ijtihaad reached by the one who does ijtihaad as obligatory and he should not go beyond it to another. In accordance with this view, I consider the prayer of every mujtahid to be correct.

The assumption that the mum should follow the madhhab of the Imam and not the madhhab of the ma’mum is out of line with this, but it is the bigotry of the madhhabs that requires separation between the congregations. Some of the fuqaha added to that, that some of them went beyond the others in that their imams disagreed with the clear meaning of the Qur’an and Sunnah on some issues. Based on that, if a judge gives a ruling on these issues, it is not a place for ijtihad.

In general, we do not want to elaborate on this point, and mention it only because it is a relic of taklid, if someone says: “How can you accuse this of being some of the relics of ignorance? This is how Ibn Hazm al Andalusi, who lived in the fifth century, threw out taklid, and he chose his own opinion and claimed to be an absolute jurist. In that regard, we have not seen a jurist who was sharper in his tongue and harsher in his words towards those who disagreed with him. This view is based on an examination of his two books, al-Ihkam iushulil ahkam and al-Muhalla fil-fiqh. We say that if a person claims to be doing ijtihaad, he is not free from the essence of taciturnity, because he is preaching the madhhab of Dawud ibn ‘Ali, strengthening his madhhab and increasing the narrowness of his chest against what his fellow scholars are doing, because of his opposition and hostility, and his questioners are said to be opposing him and attacking him in groups, and he thinks that he has won over them. In fact, he ruled against himself and his opinions, so that he could not establish them firmly either during his lifetime or after his death. In that he was not denied the breadth of his research and the strength of his thinking.

FUQOHA’ OF THIS PERIOD.

Indeed, the fuqaha’ of this period are regarded as having perfected the madhhabs of their imams by their actions in transmitting different narrations from them, extracting their illusions and issuing a fatwa in cases where there is no text from the imams by citing their illusions. Hence it is obligatory to narrate the people of the famous scholars. Some of them were people who wrote books. What they wrote was the basis for those who came after them in later periods.

We started with the Hanafiyah scholars and we have selected 20 fagih from among them, namely:

1. Abul Hasan Ubaidullah Al Hasan Al Karkhi, leader of the Hanafis in Iraq and teacher of their great men. He authored Al Mukhtashar, the commentary on Al Jami’ ush Shaghir and Al Jami’ul Kabir by Muhammad ibn Hasan. He was born in 260 A.H. and died in 340 A.H. He was the greatest of the fuqaha of this period and they regarded him as a mujtahid on various issues.

2. Abu Bakr Ahmad ibn Ali Ar Razi Al Jashshash was a student of Al Karkhi and a later leader of the Hanafis. He sketched Al Karkhi’s Mukhtashar, Ath Thahawi’s Mukhtashar, Muhammad’s Syarah Al Jami’. He is the author of Ushul Fiqh and Adabul Qudhah. He died in 370 AH.

3, Abu Ja’far Muhammad ibn Abdillah Al Balkhi Al Handawani, nicknamed Little Abu Hanifah, one of the Imams of Balakh. Died in Bukhara in 362 AH.

4. Abul Laits Nash ibn Muhammad As Samargandi, known as Imam Al Huda, disciple of Al Handawani, author of An Nawazil, Al’Uyun, Al Fatwa, Khazanatul ‘Fiqh and Sharh Al Jami’ush Shaghir. He died in 373 AH.

5. Abu Abdullah Yusuf bin Muhammad Al Jurjani, a student of Al Karkhi, authored several volumes of Khazanatul Akmal on the Sunnah, Sharh Az Ziyadat and Sha. He composed several volumes of Khazanatul Akmal on the Sunnah, Sharhah Az Ziyadat and Sharh Rah Jami’ul Kabir, Sharh Mukhtashar Al Karkhi and Khazanatul Akmal which covers the major books by his friends starting with Kafi by Al Hakim then Al Jami’ul Kabir and Al Jami’ush Shaghir, Az Ziyadat, Al Mujarrad, Al Muntaga, Mukhtashar Al Karkhi, Sharh Ath Thahawi and ‘Uyunul Masa’il. He died in 398 AH.

6. Abul Hasan Ahmad bin Al Qadari Al Baghdadi. It was he who compiled the Syarah of Mukhtashar Al Karkhi. He authored At Tajrid, which contains the differences of opinion between Abu Hanifah and Ash-Shati’i with the arguments removed. In discussions, he was good at phrasing his sentences. He discussed with Shaykh Abu Hamid Al Isfarani Ash-Shafi’i. He died in 427 AH.

7. Abu Zaid Abdullah bin Umar Ad Dabusi As Samargandi. He was the first to create the Science of Dissent. His greatest work is Al Asrar, he has thoughts on Al Fatawa and the book Tagwimul Adillah. He was exemplary in giving views and issuing proofs. In Samargandi and Bukhara he had many discussions with prominent figures. He died in the year 400 AH.

8. Abu Abdillah Al Husain bin Ali Ash Shaimiri, one of the Hanafis. He was good in expressing sentences and good in his views. He died in 436 AH.

9, Abu Bakr Khawahir Zadah Muhammad bin Husain Al Bukhari. He was one of the leaders of the area behind the river. He compiled Al Mukhta shar, Al ‘Tajnis and Al Mabsuth. He died in the year 433. The meaning of Khawahir Zadah is the daughter of a scholar, because she was the daughter of the sister of Qadhi Abu Tsabit Muhammad bin Ahmad Al Bukhari.

10. Shamsul a-immah Abdul Aziz bin Ahmad Al Hilwani Al Bukhari the author of Al Mabsuth. He was the imam of the people of Bukhara in his time. He died in the year 418 AH.

11. Shamsul a-immah Muhammad bin Ahmad As Sarkhisi was a student of Al Hilwani. He was among the mujtahids on issues. He was a very clever imam, a master of proof, a master of kalam, a master of discussion, a master of ushul, and a mujthaid. He composed about 15 volumes of Al Mabsuth. He was imprisoned in Auzajand in a well for words offensive to Khaqan (the king pent) He dictated a book out of his head without muthala’ah from the well and his friends on it. He authored a book on Ushul Fiqh, a commentary on As Sairul Kabir and a commentary on Mukhtashar Ath ‘Thahawi. His Mabsuth is an exposition of al-Kafil Hakim wasy Shahid and was printed in Egypt. He died at the end of the fifth century.

12. Abu Abdillah Muhammad bin Ali Ad Damighani. He was the top leader of the Hanafis in Iraq. He was a student of Ash Shaimiri and Al Qaduri. He served as a judge in Baghdad. He was born in Damighani. He was more knowledgeable than most of our friends about the Ash-Shafi’i madhhab. He had discussions with Ash-Shaykh Abu Ishag Ash-Shafi’i.

13. Ali bin Muhammad Al Bazdawi. He is the author of Al Mabzuth, 11 volumes, Al Jami’ul Kabir and Al Jamiush Shaghr. He is the author of the Book of Ushul which is known as Al Bazdawi. He has a good book on Fiqh for the fuqoha”. He was born in Hudud in 400 AH and died in 483 AH.

14. Shamsul a-immah Bakar Muhammad Az Zaranjari, an immaculate imam. He was exemplary in memorizing the madhhab. He was born in 427 AH and studied with Al Hilwani. He died in 512 AH.

15. Abu Ishaq Ibrahim ibn Ash Shafar. He was a Qadhikhan teacher. All his ancestors were great fuqoha. He died in Bukhara in 574 AH.

16. Thahir ibn Ahmad ibn Abdur Rashid Al Bukhari. He was the compiler of Khulashah Al Fatawa, a Hanafi shaikh in the region behind the river. He was one of the clever people and a mujtahid on several issues. Some of his works are Khazanatul wagi’at. He died in 542 AH.

17. Zhahiruddin Abdur Rashid bin Abu Hanifah bin Abdur Razzag Al Walwalaji. He had several fatwas which are known as Al Walwalajiah. He died after 540 AH.

18. Abu Bakr bin Mas’ud bin Ahmad Al Kasaniyang was called the King of Ulama. He authored the book Al Badai’, a book of good order, and (Shara| the book Tuhfatul fuqaha by his teacher Ala-uddin Muhammad bin Ahmad As Samargandi. He died in 587 AH.

19. Fakhruddin Hasan ibn Manshur Al Auzjandi, known as Qadhikhan, was a great imam who authored Al Fatawa (famous and used successively), Al Waqi’at, Al – Amali, Al Muhadhir, Syarah Az Ziyadat, Syarah Al Jamiush Shaghir, Syarah Adabul Qudhah by Al Khishaf and others. He died in 592 AH. He was counted among the mujtahids in matters. Qasim ibn Qathlubagha said in his Tash-hih al-Qaduri, which was quoted by Qadhikhan as a prelude to his attributing his tash-hih to others, that he was a clever man.

20. Ali bin Abu Bakr bin Abdul Jalil Al Farghani Al Marghinani, author of Al-Hidayah, an imam who was a fiqh expert and hafizh. Some of his works are Al Muntaga, Nasyrul madzhab wat tajnis, Manasik hajji, Mukhtaratul Nawazi! and Kitabul Faraidh. He died in 593 AH.

FUQOHA’ MALIKIYAH FIGURES

1. Muhammad ibn Yahya ibn Kubbah al Andalusi. He was one of the people who knew the madhhab by heart, knew the conditions of the contracts, and was aware of the illusions, and he made choices in fatwas and fiqh that came out of the madhhab. He has a number of works on fiqh, including al-muntakhabah and Kitab fil watsa-ig. Ibn Hazim al-Farisi said: “None of our companions has a book like his Al Muntakhabat, which aims to clarify the issues that are recorded.” He died in 326 AH.
2. Bakar bin ‘Ala Al Qusyairi was originally from Bashrah then moved to Egypt. He studied Fiqh with the students of Qadhi Ismail. Ja compiled major books including Kitabul Ahkam which was summarized from the book of Ismail bin Ishag and added to it, the book of Ar Radd alal Muzni, the book of Ushul Fiqh, kitabul Qiyas and others. He died in 314 AH.
3. Abu Ishaq Muhammad bin Qasim bin Shu’ban Al ‘Ansi In his time ja became the leader of the Maliki fuqaha in Egypt. Among them, he was the most memorized about the Malik Madhhab. In his books are found the strange words of Malik and the aberrant words of a people with whom he was not acquainted and who were not narrated by his reliable and sound friends according to his madhhab. He died in 355 AH.
4. Muhammad bin Harith bin Asad Al Khashani. He studied fiqh in Qairawan, then came to Andalusi and learned from its scholars, and he settled in Cordoba. He was a memorizer of fiqh, advanced in this science, good at issuing fatwas, and good at making quotations. He compiled a book on the differences and similarities of opinions in the Maliki madhhab, a book on the opinions of Malik that were investigated by his companions, a book of fatwas and so on. He died in 361 AH.
5. Abu Bakr Muhammad bin Abdullah Al Mu’ithi Al Andalusi. He was a memorizer of Fiqh, knowledgeable about the madhhab of Malik and his companions. It was he who completed the book of Isti’ab with Abu Umar Al Isybili for Hakam Amirul Mu’minin and this book reached Hakam. Some of the companions of Qadhi Isma’i: had started it, made chapters and made it in one complete book, for the words of Malik specifically, and did not mix with his companions any one who had differences in narrations, from him. The author wrote five volumes, but died in a hurry before completing it. When he saw it, he was astonished at it and wanted to complete it, so Al Mu’ithi and Abu Amr were consulted, and they completed it in one hundred volumes. Al Mu’ithi died in 367 AH.
6. Yusuf ibn ‘Umar ibn ‘Abdul Bar, a scholar of Andalusia and a leading authority on hadith, compiled a book on the madhhabs of the scholars of the major countries, which is contained in al-Muwaththa’, according to its sections, and organized its chapters. He composed the book of al-Kafi on Fiqh and other books that showed his excellence. He died in the year 380 AH.
7. Abu Muhammad Abdullah bin Abu Zaid Abdur Rahman An Nafari Al Qairawani. In his time he became an imam and joined the Malikis. He was a compiler of Malik’s madhhab and a commentator on his opinions. He was the destination of those who traveled to him from all over the world, he was praised by his friends and many people drew from him. He was the one who cleaned the madhhab and he was known as Malik Kecil. He has many essays including An Nawadir, Az Ziyadat Alal Mudawanah, Tahdzibul Adibah, the famous Kitab Ar Risalah and others. He died in 386 AH.
8. Abu Sa’id Khalaf ibn Abu Qasim Al Azdi, known as Al Barada’i, was one of the companions of Abu Muhammad ibn Abu Zayd and Al Qaisi, and he was a memorizer of the madhhab, and he wrote a number of books, including the book At Tahdzib fi Ikhtisharil Mudawwanah, in which he followed the path of the Ikhtishar of Abu Muhammad and his Ziyadat. He has the book Ikhtisharul Wadhihah.
9. Abu Bakr Muhammad ibn Abdullah Al Abhari. He had essays explaining the madhhab of Malik, Al Ihtijaj and refuting those who disagreed with him, In his time he became a leader among his peers. He was trustworthy, steadfast and famous. He practiced fiqh in Baghdad, synthesized Ibn Abdil Hakam’s Mukhtasharul Kabir and Mukhtasharush Shaghir, from which he disseminated the Malikite madhhab in his country. He stayed in the mosque (jami”) of Al Manshur for 60 years teaching and giving fatwas. In his time in Iraq none of Malik’s friends after Qadhi Ismail was praised as much as Al Abhari was praised as both of them were not matched in any region except Sahnun who was equal to both of them even he was more friends, his followers were more noble and his students were more praised. In addition to this book. Al Abhari has essays on Ushul, the book of consensus of the people of Medina and others, the Maliki Madhhab in Iraq became weak after his death, He died in 395 AH in Baghdad.
10. Abu Abdullah Muhammad bin Abdullah who is known as Ibn Abi Zamnin Al Biri. He was a great fuqoha and muhaddithin. He wrote Al Maghrib fil Mudawwanah, explaining its difficulties, learning fiqh from it in detail by tracing its phrases and giving guidance on its narrations like none other, Al Muntakhab fil ahkam, Al Muhadzdzab and not a summary. He died in 399 AH,
11. Abdul Hasan ‘Ali ibn Muhammad ibn Khalaf Al Mu’afiri who is known as Ibn al-Qabisi. He was well-versed in hadith, its evidence and its narratives, a jurist and an expert in ushul. He wrote many useful books, including al-mumahhad fil fiqh, ahkamud diyanah and mulakhkhashul muwaththa’. He died in 403 AH.
12. Al Qadhi Abdul Wahhab bin Nashir Al Baghdadi Al Maliki. He had a good outlook and good phrasing, and he studied Fiqh with his great friend Al Abhari. Then H became great in Baghdad then went to Egypt and his arrival was honored. He compiled many books including Kitabun Nashr li madzhab Imam Darul Hijrah and Al Ma’unah li madzhab “alimil Madinah, Kitabul Adillah fi Masa-ilil Khilaf, Syarah Risalah Ibn Abi Zaid, Syarah Al Mudawwanah and others. He died in 422 AH.
13. Abul Qasim Abdur Rahman bin Muhammad Al Hadhrami, known as Al Labidi, was a famous African scholar. He studied Fiqh with Ibn Abi. Zaid and Abul Hasan Al Qabisi. He composed a major book in that madhhab of more than 200 volumes on the subject of Al Mudawwanah, elaborating on it, making its branches, Ziyadatul Ummahat and Nawadirur Riwayat. He composed a book, summarizing Al Mudawwah which he titled Al Mulakhkhash. He died in the year 440. H.
14. Abu Bakr Muhammad bin Abdullah bin Yunus Ashshiqli, a fagih, an imam who was an expert in fara-idh. He kept up his jihad and was brave. He authored the book of faraidh and the book that covers Al Mudawwanah by attributing other books to him. He died in 461 AH.
15. Abul Walid Sulaiman bin Khalaf Al Baji. He studied science in Andalusia then went to Masyrik and gained a lot of knowledge then returned to his country. He was contemporary with Ibn Hazem and he had many discussions with him. Ibn Hazem said of him: “In the Maliki madhhab after Qadhi Abdul Wahhab there is no one like Abul Walid Aj Baji”. He had a large number of works, some of which are the Book of Istifa’fi Sharhi Muwaththa’, and the Book of Muntaga’ to explain Al Muwaththa’ as well as Mukhtasharul Istifa”, Ki. tabus Siraj fi Ilmul Hijaj, Book of Masa-ilil Khilaf, Book of Al Muhadzdzab fi Ikhtisharil Mudawwanah, Book of Syarah Al Mudawwanah, Book of Ahkamul fushul fi ahkamil ushul and others. He died in 494 AH.
16. Abul Hasan ‘Ali ibn Ar Rab’i who is known as Al Lakhmi Qairawani lived in Shofagis. He was a major jurist. He had a great commentary on Al Mudawwanah entitled At Tabshirah, which is a good book, but perhaps he owned it and had it translated and then his choices were out of his madhhab. He died in 489. H.
17. Abul Walid Muhammad ibn Ahmad ibn Muhammad ibn Rusy Al Qurthubi, the leader of the fuqoha’ of his time in Andalusia and the Maghrib and their leader who was known for his sound mind, good compiler of books and knowledge of the details of Fiqh. For him, knowledge won out over narration. He compiled the book Al Bayan wat Tahshi because it contains guidance and points out the illates, Al Muqaddamat li awa ilil Mudawwanah, Ikhtishar of the extensive books of Yahya bin Ishaq, and cleaning the book of Ath Thahawi fi Musykililatsar. He died in 525 AH.

18, Abu Abdillah Muhammad ibn Umar At Tanimi Al Masuri Ash Shigli, an imam from Africa and the Maghrib. He was the last of the African shaikhs to engage in fiqh scholarship that reached the level of ijtihad and rigor. He authored Fiqh and Ushul, the commentary on the book of Muslim, the book of Talgin by Qadhi Abdul Wahhab and in the Malikiyah there is no book like it and the commentary on Al Burhan by Imam Haramain and called it Al Mahshul min Burhanil Ushul. He died in 536 AH.

19. Abu Bakr Muhammad ibn Abdillah who is known as Ibnul Arabi Al Mu’afiri Al Asybili. He was educated in his own country, then he traveled to Arabia for a long time, where he met many scholars, including Al Ghazali, and he gained much benefit and clarified the issues of khilafiyah, ushul and kalam, then he traveled to Andalusia, where he studied a lot and composed many works. Among his works are the book of Ahkamal Qur’an and the book of Al Masalik fi syarhil Muwaththa’ by Imam Malik. He also had the book Al Mahshul fi Ushulil Fiqh. He died in 534 AH.
20. Al Qadhi Abul Fadhl Iyadh ibn Musa ibn ‘Iyadh Al Yahshibi As Satbi, He was a hadith and tafseer scholar of his time, a jurist, a scholar of ushul, careful of the rulings, confirmed the sharaths, memorized the madhhab of Malik. Some of his teachers were Ibn Rushd. Some of his useful works are Ikhmalu| Mu’allim fi syarhi Shahih Muslim, Ash Shifa lita’rifi Gharibil Muwaththa’, Bukhari wa Muslim, Tartibul Madarik, Taqribul Masalik li ma’rifaati a’lami madzhabi Malik and others, He died in 541 AH.
21. Isma’i bin Makki Al Aufa son of Abdur Rahman bin “Auf. His house in the Iskandiriyah alley was a large house that was a famous place of knowledge. He was the author of the commentary on the Tahdzib known as Al ‘Aufiyah, of which there are 26 volumes. The author of Ad Dibaj knows the volumes that have been abrogated, he said there were 56 volumes in a large size, which is 5 writing books, per page 27 lines. He died in 581 AH.
22. Muhammad b. Ahmad b. Muhammad b. Ahmad b. Ahmad b. Rushd who is known as Al Hafid. For him knowledge won out over history. In Andalusia there was no one like him in perfection, knowledge and excellence. Among his best works is Bidayatul Mujtahid wa Nihayatul Mugtashid on Fiqh, in which ja mentions the causes of differences of opinion and their reasons, so the book is useful and enjoyable. There was no book in his time that was more useful than it, and none that was more advanced. And Ibn Rashd summarized Al Mustashfa on ushul. He died in 595 AH.
23. Abu Muhammad bin Abdullah bin Abdullah bin Najm bin Shah Al Jadzami As Sa’di. In the Malikite madhhab he wrote a good book entitled Al Jawahiruts Tsamaniyah fi madzhabi ‘alimiMadinah which he wrote on the basis of a concise order according to Al Ghazali, the Maliki in Egypt devoted to it because of its goodness and many benefits. He died in 610 AH.

The following are the astute Shafi’is who were privileged during this period to compose essays on the Shafi’i madhhab, organize its propagation and revise its books. Most of them were from Iraq, Khurasan and the region beyond the river.

1. Abu Ishak Ibrahim ibn Ahmad Al Marwazi was an imam of his time in terms of giving fatwas and teaching. He studied Fiqh with Ibn Suraij and he excelled in it. After Ibn Suraij he was the top leader in Iraq. He authored many books and commentaries on Al Muzni. Ja stayed in Baghdad for a long time teaching and giving fatwas. He was praised by his friends at the end of his life, then died there in 340 AH and was buried close to the tomb of Ash-Shafi’i.
2. Abu Ahmad Muhammad bin Sa’id bin Abul Qadhi Al Khawarizimi was from a family of knowledge. He studied Fiqh with Abu Bakr Ash Shurafi, Abu Ishag and others of their rank. He is the owner of the books Al Hawi and ‘Umdatui gadimin on Shafi’i Fiqh, Almarudi and Al Faurani took the names of these two books. He had a book of ushul titled Al Hidayah. He died in the year three hundred and forty AH.
3. Abu Bakr Ahmad ibn Ishag Adh Dhab’i wan Naisaburi, In Fiqh he reached a high degree and authored the book Al Ahkam. He died in 432 AH.
4. Abu Ali al-Husayn ibn Husin, known as Ibn Abi Hurayrah, one of the Shafi’i sheikhs and Imams. He studied Fiqh with Ibn Suraij. He narrated Al Mukhatashar and died in 345 AH.
5. Abu Saib “Utbah ibn Ubaidillah ibn Musa Al Qadhi, one of the scholars who became an imam and the first Supreme Judge in Baghdad from the Shafi’is. He died in the year 350 AH.
6. Qadhi Abu Hamid Ahmad bin Bisyr Al Marwazi from the companions of Abu Ishag. He authored the book Al Jami’, which covers both ushul and furu’ (ushul fiqh and fiqh), giving the texts and their aspects, which became a guide among the Ash-Shafi’i friends. He wrote the history of Mukhtasharr Al Muzni. He died in 362 AH. ‘
7. Muhammad ibn Isma’il, known as Al Qaf. fal Al Kabir Ash-Shafi’i, the greatest of the Shafi’i fuqoha behind the river. He had books on Ushul Fiqh and Sharh Ar Risalah. From him the Shari’i Fiqh spread in the region beyond the river. He died in the year 365 AH.
8. Abu Sahl Muhammad bin Sulaiman Ash Sha’luki. He studied Fiqh with Abu Isaac Al Marwazi then he returned to Naisabur then he settled there teaching and giving fatwas. He died in 361 AH.
9. Abul Qasim Abdul Aziz bin Abdullah Ad Daroki. He studied in Naisabur and learned Fiqh from Abu Ishag Al Marwazi. It was to him that most of the shaikhs of Baghdad studied. He died in the year 375 AH.
10. Abul Qasim .Abdul Wahid bin Husain Ash Shaimiri. He memorized his madhhab and good essays. He gave rise to a number of scholars including Al Mawardi. Among his writings are Al Ifshahfil madzhab, Kitabul Kifayah, Kitab fil Qiyas wal’ilal, Kitab Shaghir fi Adabil Mufti wal Mustatti, Kitab Fisy Shuruth. He died in 386 AH.
11. Abu ‘Ali al-Husayn ibn Shw’aib as Sanji, the scholar of Khurasan. The first to bring together the two methods of Iraq and Khurasan was Qadhi Husayn, the most praised of Al Qaffal’s disciples. He authored Sharh Al Mukhtashar and was the one whom the Imam of Haramain called the Great Madhhab, ja Sharh al-Talkhish by Ibn al-Qash and al-Furu’by Ibn al-Haddad. He died in 403 AH
12. Abu Hamid bin Muhammad Al Asfarayini Iraqi Shaykh, memorizer and Imam of the madhhab. He studied Fiqh with Ad Darobi until he became one of the Imams and became the top religious and worldly leader in Baghdad, and he commented on Al Muzni’s syarah. He was contemporary with Abu Abdullah Ash Shoimiri, an imam who was a friend of Abu Hanifah during his time. Al Qaduri said of him: “He was smarter and more careful than Ash-Shafi’i”. He died in the year 408 AH.
13. Abul Hasan Ahmad bin Muhammad Adh Dhabi, known as Ibnul Muhamili, was one of Shaykh Abu Hamid’s friends. He is the author of Al Majmu’, Al Mugni’, Al Lubab and others. He had commentaries attributed to him on Shaykh Abu Hamid. He died in the year 415 AH.
14. Abdullah ibn Ahmad, known as Al Qaffal Ash Shaghir, was one of the great fuqoha’ of Khurasan, who was educated in the Ash-Shafi’i madhhab, and whose methodology brought by his friends was the strongest, clearest and most thorough. He was the equal in Khurasan to Abu Hamid Al Isfarayini in Iraq. He died in 417 AH.
15. Abu Ishaq Ibrahim bin Muhammad Al Asfarayini was a great imam of the Shafi’i Imams. He made essays in commenting on Ushul Fiqh. He died in Naisabur in 418 AH.
16. ‘Abu Thayyib Thahir bin Abdullah Ath Thabari , a distinguished Imam. He became the top leader of knowledge in Baghdad. To him the people of Iraq learned knowledge, he skimmed Al Muzni, authored many books on khilaf, madhhabs and debates that no one equaled. He was the judge of Rabi? Al Karkh after Qadhi Ash Shaimiri, he had many discussions with Abul Hasun Ath Thaligani Al Hanafi and also with Al Qaduri. He died in 450 AH.
17. Abul Hasan Ali bin Muhammad Al Mawardi is the author of Al Hawi and Al Iana’fil Fiqh, Ahkamus Sultaniyah and others. He studied Fiqh in Bashrah with Ash Shaimiri then went to Shaykh Abu Hamid Al Asfarayini and studied in two cities (Mecca Medina?). He died in 485 AH.
18. Abu Ashim Muhammad bin Ahmad Al Harowi Al Ubbadi, author of Az Ziyadat, Al Mabsuth, Al Hadi and Adabul Qudhah. He was famous for his vague expressions and difficult to understand words. In that he imitated his teacher Abu Ishag. He died in 458 AH.
19. Abul Qasim Abdur Rahman bin Muhammad Al Faurani Al Marwazi, author of Al Ibanah, Al Umdah and other works. He was a great student of Abu Bakr Al Qaffal. He was the shaikh of the people of Maru, and died in 46 AH.
20. Abu Abdillah Al Qadhi Husain Al Maruruzi. Studied Fiqh with Al Qaffal. He was the teacher of Al Haramain. He died in 462 AH.
21. Abu Ishaq Ibrahim ibn Muhammad Fairuzabadi, author of At Tambih, Al Muhadzdzab on Fiqh, An Nukat on dissent, Al Luma’ and its commentary, Al Tabshirah on Fiqh ushul, Al Mulakhkhash wal Ma’unah on debate, and he was made an example of in eloquence and discussion. They say that he walked like Ibn Suraij in establishing Fiqh and introducing it and narrating it in broadcasting to students, He discussed with Abu Abdillah Ad Damighani Al Hanafi. He died in the year 476 AH.
22. Abu Nashr Abdus Sayid bin Muhammad, known as Ibn Shabagh, author of Ash Shamil, Al Kamil, Iddatul ‘alim, Ath Tharigus Salim, Kifayatus Sail and Al Fatawa. He was the peak leader of the Shafi’iyah in. Baghdad. He resembled Abu Ishag Ash-Shirazi, Ja was the first to teach at Nizhamiyah in Baghdad. He died in 477 AH.
23. Abu Sa’id Abdur Rahman ibn Ma’mun Al Mutawalli, author of At Titimmah, which was written to explain his teacher Al Faurani. In that book he discussed the issue of hadd. He was the author of Mukhta shar fil faraidh and a book on khilaf (difference of opinion). He taught at Nizhamiyah after Shaykh Abu Ishag. He died in 488 AH.
24. Abul Ma’ali Abdul Malik bin Abdullah Al Juwaini who is known as Imamul Haramain. He learned Fiqh from his father. He became the Imam of Naisabur and even the Imam of Masyik in Fiqh, Ushul and Kalam. He stayed in Mecca for 4 years, this is where he got the nickname Imamul Haramain. When he returned to Naisabur Nizhamul Mulk placed him in the Nizhamiyah madrasa. Among his works is An Nihayah fil Fiqh which in the Shafi’i madhhab there is no book like it, as said by Ibn Subki, Al Burhan fi Ushulil Fiqh and Mughitsul khalgi in favor of the Shafi’i madhhab. His contemporary, Abu Ishag Ash-Shirazi, spoke highly of him. He died in 487 AH.
25. Abul Mahasin Abdul Wahid bin Ismail Ar Rauyani, Author of Al Bahr, one of the Imams of the madhhab. He was called a paragon of memorization and Nizhamul Mulk honored him. He served as a judge in Thabaristan and Rayan in his region. He was killed in 502 AH. His Al Bahr is an expression of the content of Al Mawardi and the furu’ (branches) received from his father and grandfather.
26. Hujjatul Islam, Ahu Hamid bin Muhammad bin Muhammad bin Muhammad Al Ghazali, was born in Thus in 450 A.H. He studied Fiqh with Imam Harabain. He became proficient in madhhab, khilaf (difference of opinion), debate, the two subjects (Qur’an # Hadith ” Pen), mantig, reciting wisdom and philosophy. Imam Haramian characterized him as a vast sea. After Imam Haramian died, he went to Baghdad and taught at Nizhamiyah. He authored the madhhab books Al Basith, Al Wasith, Al Wajiz and Al Khulashah. In Fiqh, he wrote Al Mustashfa, Al Mankhul, Bidayatul Hidayah, Al Ma-akhidz fil khilafiyat, Shifa-ul ‘ali fi bayani masa-ilit ta’lil and other books in various subjects. He died in Thus in 505 A.H. After Al Ghazali there was no one like him.
27. Abu Ishaq Ibrahim bin Manshur bin Muslim Al Iraqi Al fagih Al Mishri. The author of Syarah Al Muhadzdzab, Imam and Khathib of the ancient Mosque in Egypt. He went to Iraq to seek knowledge then went to Egypt and that is where he became known as Al Iraqi. He was honored in Cairo and his fuqaha’ studied with him. He died in 596 AH.
28. Abu Sa’d Abdullah bin Muhammad bin Hibatullah, known as Ibn Abi, ‘Ashrun At Tamimi Al Maushuli, lived in Damascus and was a judge there. He studied Fiqh in Maushul and Baghdad then taught in Maushul and finally moved to Damascus and served as a judge in 573 AH. Ja authored many books including Shafwatul Madzhab ‘ala Nahayatil Mathalib in seven volumes, Al Intishar, Al Mursyid, Adz Dzari’ah fi Ma’rifatisy Shari’ah, At ‘Taisir fil Khilaf, Al Irshad in support of the madhhab (Ash-Shafi’i) which was not completed and others.
29. Abul Qasim Abdul Karim ibn Muhammad Al Qazwini Ar Rafi’i, author of a major commentary on Al Qajiz entitled Al’Aziz bi syarhi Qajiz, and some of them called it Fathul Aziz, author of Al Muharrar, commentary on Ash-Shafi’i’s Musnad and others. His book Fathul ‘Aziz is quite honorable because it is a book that has no equal. Ar Rafi’i (may Allah have mercy on him) was one of the only men of his time. In fiqh, he was a master of investigation and reached the level of ijtihad. He died in the year 623 AH.
30. Muhyiddin Abu Zakariyya Yahya ibn Sharaf ibn Muri An Nawawi, was born in 631 AH in Nawa. He was the last of the scholars and the one who had the highest level of mentarjih among the companions of Ash-Shafi’i (may Allah have mercy on him). He compiled Ar Rafi’i’s Sharh al-Kabir, and he wrote an overview of it called Al Minhaj.

SIXTH PERIOD: FROM THE FALL OF BAGHDAD AT THE HANDS OF HOLAKO UNTIL NOW. I.E. THE PERIOD OF MERE TAKLID.

POLITICAL OVERVIEW

The Turkish or Thurani element was a very large element consisting of several different tribes, which after preparing the means traveled through the Islamic lands to take possession of them in addition to their original lands. On the way it did not encounter any force that could impede its progress until it reached the Levant. The Egyptians received them at the spring of Jalut led by Al Muzhaffar, the king who ruled over the Bahriyah kingdoms, they were badly beaten. Egypt and the Levant were safe from their rape, in that they won a complete victory and controlled most of the Islamic countries. The power of Islam defeated them and they were weakened by it, both those on the causeway of the Atal river, those to the north. And those in Baghdad and western Persia, except that the first two were converted to Islam about a century earlier. The element that controlled Egypt and the Levant was also Turkish, and they were known as the Mamaliks. Thus all the Islamic countries were under Turkey apart from the Maghrib countries which were ruled by Western Barbarians.

At the beginning of the eighth century in Asiatic Turkey there arose in the Turkic region a man of great ambition and aggression, Uthman Kajuk, a tribal chief. He built up the kingdom of his people from the ruins of the Saljuk family which still existed in Central Asia, He and his sons continued to conquer adjoining small kingdoms until they became a large empire. Then they ventured into Europe and conquered large areas. In the mid-ninth century the city of Constantinople, which had been the capital of their empire, moved under the great Islamic empires and the largest of these was the Egyptian empire which became the seat of the Abbasid Islamic caliphate. They overran it and eliminated the last Abbasid Caliph. Thus the caliphate moved from Cairo to Constantiniah (Constantinople) and Egypt became an Ottoman territory and suddenly Egypt declined from its high political and scientific standing.

As for the Ottoman Empire, it continued to grow in strength, bringing most of Islam under its control. For most of the time of its greatness, it was the lamp of Islam in the country of Andalusia after shining it with knowledge and culture for about eight centuries, At the beginning of the thirteenth century by fate Egypt prepared a man of the highest rank and the most correct opinion, Muhammad Ali. Egypt chose him to be the leader and captain of her ship. From that time Egypt began to recover its strength and restore its position. At that time Europe began to fight the Islamic empire and science gave it the possibility of obtaining what it wanted, and the conflict continued to rage and we did not know who was the berasik,

IJTIHAD IN THIS PERIOD.

To write about something in this period is not clear because the winds of ijtihad have calmed down, and in this period there are no privileges that dictate to writers and speakers. The field of opinion had expanded in the first period when Allah revealed His shari’a to the heart of the Prophet (s.a.w), i.e. something that was revealed by Allah and then he explained it to the people. In the second and third periods, the Companions and the Taabi’een explained the ways (methods) of istimbath from the Book of Allah, the Sunnah of His Messenger and the right opinion. In the fourth period, the great Imams and astute fuqaha (scholars) worked hard and then they reaped the fruits and recorded the rulings of sharee’ah in detail. In the fifth period they made the order, purified, selected and favored (mentarjih). So what can a speaker say about this last period that does not have its own merits? But when we see the relevance of this period to us and the need for us to rise up and follow our forefathers, we want to explain its defects, because when the defects appear, it is possible for those who have the mind and ability to cure them.

The greatest feature of this period was the settling of the spirit of mere taklid in the souls of the scholars, and only a few of them reached the level of ijtihad. This was so in the first half of this period, when Cairo took the place of Baghdad and became the center of the Islamic kingdom and the Abbasid caliphate. At this time there appeared from time to time people who reached this level (ijtihad #” pen). However, they stopped at the level of the famous Imams,

As for the second half, from the tenth century to the present day, the situation has changed and the signs have changed, and it has been announced that it is not permissible for the jurist to choose and judge, because his time has passed, and the people and the books of those who came before him have been hindered. And they are content with the books that are before them, and it is these books that we will explain to you below:

We go back to the situation in Egypt before its kingdom fell and the Caliphate moved away from it. We find the names of Al’Izz bin Abdus Salam, Ibnul Hajib, Ibn Dagigil ‘Id, Ibn Rif’ah, Ibn Taymiyah, As Subki and his son, Ibnul Qayyim, Al Bulgini, Al Asnawi, Kamal bin Hammam and Jalalluddin As Sayuthi. These were the scholars of the four madhhabs. Then we look back to the time after that and we do not hear the name of a great scholar or a great fagih, or a good author but we find a people who are just accepting in fegih. We find few people who are preoccupied with other madhhabs. If he has occupied himself with his madhhab then he is content with those books which are so heavily summarized that it is as if they were written not to be understood. It is as if the decline of politics is the decline of knowledge, especially religious knowledge, which has gone back so far. When Egypt demanded a return to glory, it ran into several obstacles, which we will tell you about:

1. The disconnection between the scholars of the major Islamic countries.

It is not perfect for the fuqaha’ of the past to be called fuqaha’ and to be respected except by traveling and meeting the scholars of great countries, in addition to the scholars of their own country. Few of them were known to be astute and privileged when they stayed in their country (not traveling to other countries – Pen). Look at the history of the great imams and muhaddithin, you find them all traveling to the horizon, one country can hardly suffice them until they go to other countries to receive hadith and fiqh. And Mecca gathers them in the season and each one benefits from the other in knowledge, hadith and thought. Hence, the introduction of the scholars at that time was complete. This is one thing that increased their knowledge and strengthened the bonds of affection between them, despite the difficulties of travel and the hassle of books.

During this period and especially at its end, the links between the scholars of the major countries were broken. The scholars of Egypt hardly heard of the scholars of India, and this one did not recognize the scholars of the Maghreb and so on, unless the books of one of them were taken, then there he was heard and perhaps his book was circulated. It is a very serious matter that you find during the Hajj season that some of the scholars are from different countries and one of them does not care to know the other or to narrate anything from him. Weakness has entered into the Islamic sciences of shara’ and others from the sciences of the ancients, the support of which is narration and meeting. It is not sufficient to understand the opinion of a scholar from his book alone, because books are dumb and frozen. As for meetings, they can sharpen and expand the mind because of the questions and conversations they hold. Now we know about the movement of knowledge about ten centuries ago, something that we did not know more than that, for example in India.

2. The disconnection between us and the books of the priests.

Verily, the great books that I have preserved from the pen of those who came before me are a relic that “no one pays attention to them or studies them as in the past. These are the books of Muhammad b. Hasan Muhammad b. Idris Ash-Shafi’i, Malik b. Anas and other Imams, the books of their disciples and even the books of the Imams of the fifth period. It is these books that feed the spirit, awaken the aspirations and produce the perfect fakih. You find very few scholars who really study and analyze them, and we find that even the great scholars do not hear their names. When they boast about a book of theirs in front of you, very few pay attention to reading it; rather, they stick to books written during the period of decline: Thus, the connection between us and these books in terms of correct and useful narrations is severed, except for the one who is motivated to study them in public or specialized libraries. Therefore, if you compare the books of the jurists and the books that are used, you will see that there is a great difference between them in terms of the quality of the writing, the style of the language and the ease of understanding, but the lack of aspiration and the lack of will occupy us and almost destroy us Shaykh Muhammad ibn Mahmud ibn Talamid At Tar, kizi Ash-Shankithi asked me: “From whom did you receive Arab culture?” So I answered: “From the books, O sir”, he said: “Verily, books are not good teachers”. So I said to him: “What can I do, O master?”

But the connection between us and those who came before us has been broken, and there is no teacher and no brother, and when I see you, it is enough for me.” The shaykh’s face brightened at my reply, and he said: “Inshallah, inshallah.” Had the shaykh (may Allah’s peace and blessings be upon him) been a little wishful thinking, it would have been a deceitful excuse for us, because darkness has come between us and the knowledge of our predecessors, except for sediment that does not refresh the thirsty and does not cure the sick. So we need to look to the one who awakens these books from their slumber and focuses our attention on them, so that we may rise in Islamic sciences. When it is possible for us to say fuqaha among us.

NEGLIGENCE IN IKHTISHAR.

Summarizing was not new in this period, but it was already present in the fourth period, because the disciples of the Imams had already summarized their words and similar ones in an ikhtishar, such as discarding issues that were not much needed and putting in order what the Imams had dictated that had not been in order before. At the end of this period, however, summarization took on an unfamiliar aspect, namely the ijtihad of collecting many issues in a few words. When the Arabian instinct was weak on their side, the discussion turned into a complicated path. It is as if the author is writing not to be understood but to be collected. To give you an idea of this ikhtishar I quote a chapter from three books on one subject. These three books are well-known texts for students of fiqh in the three madhhabs. The subject is water that is permissible for purification and water that is not permissible. Khalil said in his Mukhtashar:

Meaning:

Hadaths and impurities are removed with water – absolute, i.e. what is properly called “water without kayid”, if the water is collected from rain or liquid after freezing, or the remains of livestock or a menstruating person or a junub person or the excess of both (menstruating and junub people” Pen) or a lot of water mixed with impurities but not changed, or there is doubt as to whether the thing that makes it impure is harmful or impure because of the presence of oil, or the presence of oil, or the smell of the dripping of the vessel of a traveler, or something that comes out of the water, or because of its standing still, or its falling, even if it is intentionally, into dust or salt. It is better not to include salt that does not change color, taste, or smell with something that is different in general, whether it is pure or impure, such as oil that mixes with it or smoke that remains, because that is like changing. There is a danger that it may be altered by the rope of the two banks, such as a pond with animal dung or a well with tree leaves or straw, and it is clear that it is permissible to do both of these things with a well in a field. Making the appropriate mixture with a different mixture has its own rationale. There are two opinions concerning cleaning with water that has been put into the mouth, one of which is makrooh in the case of water that has been used to remove hadith, and the other of which there is some doubt, such as vessels for ablution, washing unchanged impurities or dog licks, and murky water for bathing, the remains of khomer drinkers and hands that have been put into water, and water that has not been kept free of impurities, not if it is difficult to keep it clean, or water that has been exposed to the sun, even if you see it in the mouth when you use it, then it may be used. If a land animal that has blood flowing dies in stagnant water that has not changed, then it is Sunnah to keep away from it, not if it falls into the water when it has become dead, and even if it disappears, the water has changed into impurity, not if it is an absolute mass of water, then it is better to wash with it, and not washing with it is better. This was before the ahad hadeeth, if the evidence is clear or the path is consistent. If not, then he said: “It is better to leave it out, and the arrival of water at an impurity is like its opposite.” Zakariya al Anshari said in his Minhaj:

Meaning:

“Water that has been altered or mixed with impure matter, so that it cannot be called pure water, is not permitted, and dust and salt water are not permitted, even if they are included in it. It is disliked because it is too hot or too cold, and it is disliked because it is heated by the sun, subject to certain conditions. The water used in the fard is not impure if it is small. Two pools of water do not become impure, which is about 500 catties of Baghdad, because they are impure. If the water becomes impure, it becomes impure. If the change is removed by itself or by the pure water below the two pools, then the water is unclean like any other wet matter that has come into contact with it, not the carcass of an animal whose blood has not flowed and has not been thrown, or the impurity that is not visible to the eye, etc. If it has come into contact with water and the water has not changed, then the water is pure. If there is a change in taste or color or odor, even if it resembles something that is pure or pure because of something else, then he should take care to do what he thinks is pure or pure, not water with urine or water with rose water. If he suspects that one of them is pure, then it is mustahabb to drain the other. If he leaves it and his suspicion changes, then he should not do the latter, but he should do tayammum and not repeat it, even if he is told by a righteous person about the impurity of the water, with a narration that establishes its cause, or by a suitable jurist whom he trusts.” An-Nasafi in his Kanzi said:

Meaning:

Rainwater, spring water and sea water may be used for ablution if the pure water has changed one of its characteristics or has become foul because it is still, not if it has changed because of the amount of leaves or cooking or the juice of trees or palm trees or anything else that overpowers it, and if the still water has some impurity, if it does not amount to a hundredth of it, then it is like running water, which is something that disappears from a jug and is used for ablution if there is no trace of it in taste or color or smell. Carcasses of animals without blood, fish, frogs and crabs are not defiled. Water used for tagarrub or removing impurity if it stays there is pure but does not purify. The well from which the water is drawn is not impure because of the dung of camels and goats, or the urine of pigeons and small birds. The urine of animals that are lawful to eat is unclean, it is not permissible to remove impurity and it is not permissible to drink it at all. Twenty medium buckets are due to the death of a mouse, forty buckets are due to a pigeon, all of it is due to a goat, blowing or falling of an animal and two hundred buckets if it is not possible to finish it. The uncleanness begins with three that have fallen and the time of their fall is unknown, if not from one day and one night. Sweat is like residue. The remains of humans, horses and animals whose meat is lawful to eat are pure. The remains of dogs, wild boars and wild animals are unclean. The remains of cats, domestic chickens, wild birds and domestic animals are makrooh. The remains of donkeys and mules are permissible for ablution and tayammum if there is no water. The former is valid, unlike palm wine.

It is these three books that filter a seeker of knowledge to become an expert in one of the madhhabs that are prevalent in our time. In terms of sentence structure, you see that they are almost incomprehensible. That is why these books require commentaries, and commentaries require hashish. And it does not occur to you that this maudhu’ can be read in two weeks. Most of the time is spent understanding what the author intended. After that you see that they do not include any evidence. So there is no difference between the one who does not study and the one who does, except that the one who studies knows things that the one who does not study does not know. As for how the imam derives the ruling from the evidence, he does not know. This is the only way in which fiqh is complete. And you will certainly not find any traces of the opinions of the Imams. This closes the door to good understanding for the one who seeks knowledge. This is something that makes those who study fiqh among us lower in level and closer to the layman. Perhaps the Hanafi books that are used are a little bit special because they include evidence such as al Bidayah and its commentary al Hidayah.

As for the Shaafa’is and Maalikis, this is not the case. Perhaps someone might say that so long as we have obtained the truth by acclidation, it is not permissible for us to go beyond it. It is not permissible for one who learns fiqh no matter how high he reaches to disagree with his imam, and it is not permissible to adduce one of two opinions from one madhhab, because the time for adducing opinions has passed. What is the point of occupying oneself with arguments or studying the opinions of the last Imams?

We say in response to this that this is fine if the one seeking knowledge is a layperson who wants to know one of the rulings. As for those who want to become fuqaha’, then they should at least know where their imam derives his ruling from, and they will increase in knowledge if they know the opinions of those who disagree with him and how he reasoned. If their knowledge is high, then what makes them lower than those who preceded them, who chose for themselves the opinions of the leaders of the madhhabs they followed. The fact that the majority of scholars favor this position in fiqh inevitably leads to the weakening of shar’i law, because the scholars do not think about it, nor do they have opinions, and the realization of these effects can be witnessed every day. Isn’t it strange that once upon a time all the books that were written during the glorious period of Islam were hidden, that is, books that were written during the fourth and fifth periods. What remains in the hands of knowledge seekers are books written during the period of decline and weakness of the Arabic tongue? There must be improvement for the seekers of knowledge if they will remember before others to benefit from the legacies of the ancients. Alhamdulillah, these books are numerous and most of them are written in a high language that can help the seeker of knowledge to improve his dialect and elevate his thinking. Indeed, the pen would be at a loss if it were to describe the bad legacies to the one who studies the Fiqh books that he uses today.

We think that there are two obstacles that stand between us and the formation of a fakih, namely:

1. The books before us, which we have explained quite extensively,

2, Teaching methods.

The fiqh’s first desire is to know what is in the Book of Allah the Almighty and the Sunnah of His Prophet from which rulings are derived, then he spends most of his time learning what his imams have ruled. If he is advanced in teaching, then he examines the opinions of the imams of his school of thought, about which they disagree, and he examines the differences of opinion. When the discussion of the opinions of the latter imams is complete, he will be able to compare them with the opinions derived by his imam. At that point he becomes a jurist with a broad hand and an excellent mind when he completes this third stage.

As for us, there is no difference between a new learner and an advanced learner except in the number of problems and the number of problems. This is the distinction made by the path of Abu Shuja’ in the Shafi’i madhhab, for example, and not the number of problems of those things that bring the spirit of fiqh into the soul. The advanced seeker of knowledge that we have described is occupied only with fiqh and does not mix it with other sciences. The teaching in our school system has been equal between the first and advanced levels, just as “the first level is busy with the basics of many sciences, so the second level is busy as well. If it is thought that ja has won in the arena of examinations, then he is not a fagih, a writer and not a philosopher but he is someone who has taken the basics of knowledge, whose knowledge in Fiqh is not more than that of nahwu and arithmetic. This is the case with all the lodges that are busy with religious instruction. And do not think that one of them, after obtaining a certificate, will improve his knowledge by adding to what he has learned, by studying what he has not studied, and by striving to know the differences between the fuqaha’, but he will remain in that state on the day of the examination. This is a major flaw. If it were possible for me, as a historian who describes facts as they are, to make a suggestion, I would suggest that what I have mentioned should be included in religious instruction:

1. The basic teaching should be limited to teaching the rulings laid down by the Imam of the madhhab from a convenient book chosen for the purpose.
2. In the second stage, books should be given which describe the opinions of the imams of the different madhhabs and which contradict their imams, or favor them, or choose between them, with evidence for each. A book on the different madhhabs should be chosen for this purpose, and there should be many books on each madhhab, along with lessons on tafseer and hadith.
3. The final teaching should be limited to fiqh, ush al-fiqh, and the Qur’an and hadith that relate to rulings, and he should study the different opinions of the Imams and their methods of reasoning. And the degree of “fagih” should not be given except to one who writes two or three issues explaining the differences of the fuqaha’, the reasons for their differences of opinion and the basic principles on which each opinion is based.

It is not perfect unless scholars take care to select textbooks from the books written by the great scholars of the fourth and fifth periods.

Thus the spirit of fiqh arises in the soul and expands it, and we have taken the path of the salaf and we have gained the ability to study religion, and in the future there will be among us fuqaha’ whose opinions can be relied upon and trusted. If we are helped every year by a small amount of this embroidery, it will enable us to be proud of our scholars and fuqaha’ of the past.

Indeed, among those whom I know of our great scholars, there are those who, if they were released, would rise to this height and it would not be necessary for us to mention their names.

We ask Allah to help us all to serve His religion and His shari’a so that we may attain a high share of life. It is meaningless for us to see things in fixed heights, when we stop, they are of no use to us except talk. What is obligatory is for us to be better than what we are now, and for us to return to our past to energize our souls by longing for the betterment of our future.

TO EVERYONE WHO STUDIES RELIGION

I wrote this book for you, and I only wanted to give you an idea of the righteous people of the past, and to encourage you to follow their path. In sha Allaah, we will follow it up with another book in which I will mention detailed issues and the history of the differences of opinion, and the issues that I have mentioned in this book are only examples.

I pray to Allah to guide myself and you to goodness, for He is the All-Hearing, the All-Forgiving,