Home
The second stage in fiqh
This stage entails the era of the righteous caliphs and the major sahabah, which started from the caliphate of Abu Bakr to the death of the fourth caliph Alee.
Problem solving procedure took another face in which Quran, Sunnah, unanimous agreement (ijmaa) majority opinion if the difference were great the caliph would make his own Ijtihad which will become law.
The absence of fractionalism
Mutual consultation in which experience by each of them party toward each other.
Consultative meeting in which they consult themselves
Reluctance of individual in which they are very careful in making legal rulings
The infrequent quotation of hadith, which they tended to confine to specific and actual problems.
These was due to their fear of misquoting the prophet(s a w) who said: “Who ever tells a lie in my name will find his seat in the fire. So if they get any problem all this procedure will be followed cause they fear the quotation of the prophet.
Characteristics of fiqh during the era of saabah
1.Realistic fiqh al-fiqh-al-waqi’ee which means something happening in your presence
2. careful study of the Quran without the distruction of legal rulings on matters not defined therein- where by they base their life on what is revealed in the Quran, they use Quran as source of their fiqh.
3.Using of personal opinion in making legal rulings.
4. modification of some law of sharee ah
5. The madh- hab during this period was unified and directly linked to the state as in the time of prophet
This stage entails the era of the righteous caliphs and the major sahabah, which started from the caliphate of Abu Bakr to the death of the fourth caliph Alee.
Problem solving procedure took another face in which Quran, Sunnah, unanimous agreement (ijmaa) majority opinion if the difference were great the caliph would make his own Ijtihad which will become law.
The absence of fractionalism
Mutual consultation in which experience by each of them party toward each other.
Consultative meeting in which they consult themselves
Reluctance of individual in which they are very careful in making legal rulings
The infrequent quotation of hadith, which they tended to confine to specific and actual problems.
These was due to their fear of misquoting the prophet(s a w) who said: “Who ever tells a lie in my name will find his seat in the fire. So if they get any problem all this procedure will be followed cause they fear the quotation of the prophet.
Characteristics of fiqh during the era of saabah
1.Realistic fiqh al-fiqh-al-waqi’ee which means something happening in your presence
2. careful study of the Quran without the distruction of legal rulings on matters not defined therein- where by they base their life on what is revealed in the Quran, they use Quran as source of their fiqh.
3.Using of personal opinion in making legal rulings.
4. modification of some law of sharee ah
5. The madh- hab during this period was unified and directly linked to the state as in the time of prophet
