Early Developmental Periods of Islamic Jurisprudence (Fiqh)

During the fourteen centuries of Islamic history, many schools of fiqh each having their own views and methods of interpretation of sacred texts came into existence.Of these,less than ten schools have survived to the present day. Therefore in Islam there grew only schools of legal science and not sects. The views of those schools on the fundamental principle are same but they differ from each other in certain manners of law (subsidiary and secondary). For instance, they have different views on the authority or legality of Ra’y and Qiyas on which the great exponent or supporter of Ra’y Imam Abu Hanifa himself said, “we cannot compel others to accept our Ra’y and Qiyas, if they do not like our Ra’y they cannot accept the opinions of others and regarding traditions, he said, we prefer even a daif (weak) hadith to Qiyas or Ra’y”.The history of Islamic jurisprudence can be divided into distinct periods. Some authorities like, al-khudari in his book Tarikut-tashriil-Islami (History of the Fiqh) divides the history of Figh into six periods and Abdul Rahim in his book “The principle of Muhammadan jurisprudence” divides the course of Islamic jurisprudence into four periods. It seems proper to adopt the classification of Abdul Rahim which is generally accepted.
First Period (Legislative Period) : The first period is the legislative period which commenced with Hijrat or flight of the Prophet Muhammad (SAW) to Madinah A.H 1 (A.D 622) and lasted ten years of the Prophet Muhammad (SAW) life up to 10 A.H (A.D 632). This is the most prominent and important period, in the history of fiqh as it was conterminous or concurrent with the revelation of the Quran itself and instructions given by the Prophet Muhammad (SAW) in person. These are the fundamental sources of Islamic jurisprudence and upon which the whole structure of Islamic legal science was built. In this period Allah’s commands were revealed and Prophet Muhammad (SAW) by his interpretations and practices guided the people. Most of the legal verses of the Quran were reveled at that time and many of his (SAW) important decisions and legal traditions were also related to that period. His(SAW) decisions in all matters of law and religion were inspired and suggested by Allah, though expressed in his own words,? While the Quranic texts were Allah’s both in language and thought.
Second Period (Foundation of different schools) : The second period extends from the date of the Prophets (SAW) death to the foundation of different schools of jurisprudence and would cover the time of the companions of the Prophet Muhammad (SAW) (Ashab) and their successors (Tabi’uun). This period is noteworthy by:-
The earliest collections of the traditions or sayings of Prophet Muhammad (SAW) and strict adherence to it.
The building up of the system of Muslim jurisprudence under the guidance of the four orthodox Khaliphs, and
The collection, the arrangement into chapters and editing of the text of Quran and the final recession took place in the reign of ‘ Usman(RA) the third Kaliph.
The Third period(Systematic way of Schools) : The third period saw the development of Muslim jurisprudence with the rise of the Abbasside dynasty.It was the golden period of islamic learnings and among other subjects, the science of law reached to the zenith and it was marked by a theoretical and scientific study of the law and religion. It was that four sunni schools of jurisprudence which were established. Besides these, the others schools of Islamic jurisprudence, such as Shiahs of Ithna’ Ashriyya, zaidiyya and Ismailiya also produced great writers during this period. This period ended with the third century of Hijria. The principles of these schools are substantially the same, and they differ from each other only in matters of detail. Even the differences between the shi’ah and sunni schools are merely political and relate to the questions of khilipha rather than to any general principles of law or jurisprudence. The Shiahs deny the principles of election by the people in matter of the Imamah and hold that the Prophet Muhammad (SAW) appointed Ali (RA) as his vicegerent on a certain occasion.Further in this period the four imams not only produced rules of law but they were also the first to formulate the principles of the science of Fiqh.
Fourth Period (Period of Taqlid) : With the demise of Imam Ahmad ibn Hambal, the period of independent exposition of Islamic law came to an end and jurists subsequent to this period have been circumscribing within the limits of each school to develop the work of its founders. Thus commenced the fourth period which may be called the period of Taqlid( to follow/ imitate) and it is said that it continued since then and have not came to an end even to this day. After the third period of the history of Islamic jurisprudence no one has succeeded in obtaining the recognition of the Muslim world as an independent thinker in the science of law. The jurists of the later periods earlier founders applied to the task of completing the work done by the earlier founders of the school and there developed a notion that hence forward there has been no further exposition of Islamic Law, the ancient doctors having anticipated every question and laid down a rule for its solution. Such a notion is baseless and untenable and is not found either in the Quran or the hadith or in the writings of great jurist of the 2nd Century of Hijra.
(The author is a Student of Law at Kashmir University Srinagar. Views are his own)
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