FROM THE EDITORIAL DIRECTOR
Dr. Farida Khanam has been a professor at the Department of Islamic Studies
at Jamia Millia Islamia in New Delhi. A Study of World's Major Religions, A Simple
Guide to Sufism are two of the books amongst others, of which she is the author. She
has also translated many books on Islam authored by Maulana Wahiduddin Khan.
Currently, the chairperson of Centre for Peace and Spirituality (CPS International),
an organization founded by her father Maulana Wahiduddin Khan, she is a regular
contributor of articles to journals, newspapers and magazines. Dr. Khanam has
edited Maulana’s English translation of the Quran and has also translated his
Urdu commentary of the Quran into English. Under Maulana Wahiduddin Khan
Peace Foundation, along with the CPS team, she has designed a series of courses on
peace-building, countering extremism and conflict resolution.
AN UNDERSTANDING ABOUT
ISLAMIC JURISPRUDENCE
FIQH the Arabic equivalent to jurisprudence literally means an
understanding and knowledge of something. At more than one
place the Quran has used the word fiqh in its general sense of
‘understanding’. In the early days of Islam the terms ilm (knowledge)
and fiqh were frequently used to denote an understanding of Islam
in general. This shows that in the Prophet’s time the term fiqh was
not applied in the legal sense alone. The Prophet blessed one of his
Companions in the following words: “Allahumma faqqih ho fiddin,’ which
means ‘O God, give him understanding in religion’. By these words the
Prophet did not mean exclusively knowledge of law. He meant in fact a
deeper understanding of religion.
Brief History of Fiqh
After the Prophet, the Companions settled in different parts of the vast
Islamic empire. Here they were confronted with new problems, and they
had no option but to exercise their personal judgement. The Prophet
was no longer amidst them to turn to him for the solution of these
problems. Therefore whenever any problem arose they first consulted
the Quran and Hadith and only if they failed to find the solution there,
they resorted, to the exercise of their personal judgement, while
observing fully the spirit of the Quran and Hadith.
It was at this stage when the exercise of reason was done to deduce a
law, that the term fiqh came to be frequently used for this endeavour.
Towards the end of the seventh century a movement of collecting Hadith
started. Large number of people devoted their entire lives to collect
and record the teachings of the Prophet. There was another group of
people who were interested only in those teachings from which some
legal rule could be deduced. For this purpose they resorted to the
exercise of reason and personal judgement. This knowledge came to
be known as fiqh and those who were involved in this task came to be
known as fuqaha.
During the age of successors the Arabs settled in different parts of
the vast Muslim empire. Consequently they came into contact with
different cultures and civilizations—confronting with problems they
had never faced before. In their endeavour
to solve these problems they made great
advances in various fields of learning. Islamic
law developed and towards the middle of
the ninth century books began to be written
exclusively on fiqh.
Whenever any
problem arose they
first consulted the
Quran and Hadith
and only if they failed
to find the solution
there, they resorted,
to the exercise
of their personal
judgement, while
observing fully the
spirit of the Quran
and Hadith.
Origins of Different Schools of Law
One should be clear about the fact that
during the time of the Prophet there was
no such science as that of jurisprudence.
The only ideal for Muslims at that time was
the conduct of the Prophet. They learnt by
observing the Prophet’s actions and under
his instructions. On different occasions, cases
were brought to the Prophet for his decision.
Prophet’s decisions were taken as models for
similar decisions in similar cases. During this period, people were not
interested in unnecessary philosophical discussions or in meticulous
details. Prophet’s practice remained a general directive, interpreted by
the early Muslims in different ways. Of course the Prophet laid down
certain regulations but the jurists elaborated them with more details.
The reason for this further addition to the laws by interpretation is
that the Prophet himself had made allowances in his commands. He
left many things to the discretion of the community to be decided
according to a given situation.
The Prophet provided a wide scope for differences by giving instructions
of a general nature, or by validating two diverse actions in the same situation. Had the Prophet laid down specific and rigid rules for
each problem, the coming generations would have been deprived of
exercising reason and framing laws according to the need of the hour.
Thus whenever any problem arose the Muslims tried to solve it by first
referring to the Quran; If no definite answer was found in the Quran
then they would turn to the Sunnah (the practice of the Prophet); if there
too the problem remained to be solved then
they resorted to consensus of the scholars;
and as a final recourse they drew an analogy
with the Quran and Sunnah.
The Prophet provided
a wide scope for
differences by giving
instructions of a
general nature, or
by validating two
diverse actions in the
same situation.
From the above points we can understand
that the science of jurisprudence had come
into existence with the advent of Islam, but
it developed as an academic discipline in
the eighth century. Imams or scholars have
established four different Islamic schools of
jurisprudence. There is no conflict between
them and they are accepted by all the Muslims
of the world. One could follow any school of thought one wants to. For
example the Maliki School of law is dominant in the Arab west and is
also found in southern Egypt and Sudan.
These four different schools of Islamic jurisprudence have been
established by the following Imams and named after them.
Abu Hanifa Nu’man ibn Thabit (Hanafi School of Law)
Born in 699 CE in Kufa, Umayyad Caliphate
Died in 767 CE in Baghdad, Abbasid Caliphate
Malik ibn Anas (Maliki School of Law)
Born in 711 CE in Madinah
Died in 795 CE in Madinah
Abu Abdillah Muhammad ibn Idris al-Shafi (Shafi School of Law)
Born in 767 CE in Gaza, Bilad al-Sham, Abbasid Caliphate
Died in 820 CE in Egypt
Ahmad bin Hanbal (Hanbali School of Law)
Born in 780 CE in Baghdad, Iraq
Died in 855 CE in Baghdad, Iraq
Dr. Farida Khanam
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