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    Development of Fiqh

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    Muhammad Mubarak

    Posts : 49
    Join date : 2013-11-09
    Age : 31
    Location : Lagos

    Development of Fiqh

    Post by Muhammad Mubarak on Sun Nov 17, 2013 11:58 pm

    Definition of  Fiqh
    Fiqh literarily means the truth understanding of what is intended. An example of this usage can be found in Qur’an (11:19). Technically, Fiqh is referred to the science of deducing Islamic law from evidence found in the sources of Islamic law.

    DEVELOPMENT OF FIQH
    The development of  Fiqh explains how Islamic jurisprudence, starting from the era of  Prophet Muhammad (S.A.W) integrated into several stages through the consensus of  rightly guided Caliphs, Ijmaa’(unanimous agreement) and majority opinion of the scholars.  It is observed that fiqh developed into six stages viz.
    1) Foundation:- Fiqh had evolved since the life time of  prophet Muhammad (S.A.W), He provide the theory of  Islamic law which serve as a guide for the Muslims after his death.
    2) Establishment: The rules were established during the era of righteous caliphs, from the death of the prophet (S.A.W) to middle of 7th century.
    3) Building from the founding of  Umayyad 8th dynasty (succession of  Islamic rulers) until it declined in middle of the 8th century CE.
    4) Flowering:  From the rise of the Abbasid dynasty.
    5) Consolidation: The declined of the Abbasid dynasty.
    6) Stagnation and Decline
    FOUNDATION
    At the first stage, source of Islamic law was divine revelation in the form of either the Qur’an or the Sunnah. The Qur’an represented the blue print for Islamic way of life and prophet application of the general principle outlined in Qur’an mostly; the method of legislation in this is stage is to solve the problems which confronted the prophet and his followers. That is why a number of Quranic verses are direct answers to questions raised by Muslims as well as non Muslims.
    1) The remover of difficulty: During the early period, the obligatory prayer consist of only 2 rakahs.
    2) The reduction of religious obligation
    3) The realization of public welfare: This is concerned with abrogation-(Naskh) and bequest (Waseeyah)
    4) The realization of universal justice: The laws mentioned in the Qur’an are general, making no distinction between one group or another.
    ESTABLISHMENT
    The second stage represents the era of the righteous caliphs and major companion where we have Quran, sunnah, unanimous agreement ( Ij’maa), majority opinion. During this period there is absence of factionalism due to mutual consultation, consultative meeting, and reluctance of individual sahabah to make legal rulings. Also the infrequent quotation of hadeeth occurred during this stage.
    Nowadays, many people raise their opinion on issue relating to shariah, the early scholars are distinct from such act, they try as much as possible to quote from what the scholars before them had concluded on, they don’t introduce their own personal law and this made their effort more accepted.

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