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SHA 105 (INTRO TO ISLAMIC LAW AND JURISPRUDENCE)

PROF. HIDAYA B. BANGCOLA

Lesson 3: Third Period of Muslim Law

This stage covers the rise and fall of the Umayyad dynasty. The Umayyads were in power
for approximately one century, extending from the death of the last of the Righteous Caliphs (‘Alee
ibn Abee Talib) in 661 CE and the ascendancy of the founder of the Umayyad dynasty, Caliph
Mu’aawiyah ibn Abu Sufyan, until the last of the Umayyad caliphs around the middle of the eighth
century CE. (Philips, 2007) The Caliphs of this dynasty were not generally noted for their
knowledge of the sacred laws, except Umar Ibn Abdil – Azis, who was remarkable not only for
his rigid piety, but also for his extensive knowledge of the law and the traditions. (Arabani, 1997)

The period was marked by great social unrest; the Ummah divided into various sects and
factions; the caliphate was converted into a kingship; many new practices were introduced, some
of which were Haraam; the scholars refused to sit in the audiences of the caliphs and in fact fled
to outlying areas to avoid conflict and confusion. (Al-Madhkal, cit. by Philips, 2007)

During this period, the narration of traditions became common. People from different cities
came to the companion of the Prophet seeking solution to new problems arising on account of
change in circumstances and conditions. The successors of the companions of the Prophet also
expressed their opinions on such problems basing on a tradition and under this method, the
narrations of traditions increased. It is a sad feature of the time that false or cooked-up traditions
came to be narrated by many people, either to fortify the views of some sects or group or to justify
their worldly affairs. Against this forgery of traditions, Caliph Umar Abdil-Azis launched a
campaign and wrote to the four corners of the Muslim empire to report genuine traditions from the
Prophet. A good and major number of honest, reliable and truthful personalities acted and worked
for truth. These persons struggled their best and successfully compiled what was true, actual, or
real, and for which the history of the law remain indebted. (A. Qadri cit. Arabani, 1997, p. 44)
During this period, there arose two kinds of muftis: (1) Ahl al-Rai or people of opinion,
and (2) Ahl al-Hadith or the traditionalists. (ibid.)

The rebellion that led to the death of Caliph Ali, the fourth and last Caliph from among the
companions of the Prophet by Mu’aawiyah resulted in the formation of several political factions.
SHA 105 (INTRO TO ISLAMIC LAW AND JURISPRUDENCE)
PROF. HIDAYA B. BANGCOLA

These factions were the Shi’as, Kharijites, Sunnis and Mu’tazilah. Under each of these factions,
the development of Muslim law was influenced by their independent application of law. (ibid.)

Lesson 4: Fourth period of Muslim Law

In 132 AH, led by Abbas bin Abdul Muttalib, the Abbasids dynasty came to power and
took over from the Umayyads. With the fall of the house of the Umayyads and the accusation of
the Abbasids to power, a new impetus was given to the study of jurisprudence. The Abbasside
Caliphs love to patronize learning and extended special encouragement to jurists, partly it may be
from political motives. Baghdad, their capital, became the center of culture and attracted jurist and
traditionist from Hijaaz, Syria, Mesopotamia and other parts of the empire. The Abbasids Caliphs
appointed Qadus men noted from their learning and legal acumen, and gave handsome salaries and
high place of dignity in the state. (Abdur Rahim, Muh. Jurisprudence cit. Arabani, p. 51)

It was during the reign of the Abbasids that the four Sunni schools of law, with whose
jurisprudence we are concerned, were founded. The principles of these schools are substantially
the same, and they differ from each other merely in matters of detail. In the development of the
Muslim law, they make up the third period thereof. This period marked by a theoretical and
scientific study of the law and religion commenced about the beginning of the second century of
the Hijrah and practically ended with the third century. These four Madhahib in the order of their
rise to prominence as recognized schools of Muslim law were, viz: The Hanafi, Maliki, Shafi’i
and Hanbali. (ibid.)

1.1 Imam Abu Hanifah

The Hanafi Madhaab was named after Nu’man bin Thabit bin Zuta bin Mah, an Ajami or
a non-Arab scholar who is well known by his kunya Imam Abu Hanifah. He was born in Kufah1
in the year 80. A.H.2 and died in A.H. 1503.

1
Ibid.
2
Doi,2007
3
Arabani, 1997 and Doi, 2007
SHA 105 (INTRO TO ISLAMIC LAW AND JURISPRUDENCE)
PROF. HIDAYA B. BANGCOLA

Imam Abu Hanifah belonged to that pious period of the Tabiin, the successors of the
Sahaabah.4 His father was a silk merchant of Persian origin, who accepted Islaam during the reign
of the Khulafaa Raashidoon (Righteous Caliphs). Abu Hanifah began his earlier studies in the field
of philosophy and dialectics known as ‘Ilm al-Kalaam, but after mastering its various disciplines,
he left it and went into an in-depth study of Fiqh and Hadeeth. He chose as his main teacher,
Hammaad ibn Zayd, who was among the greatest scholars of Hadeeth of his time. Abu Hanifah
studied under him for eighteen years. During this time he became qualified to teach, but
Instead remained Hammad’s student until the latter died. After Hammad’s death Abu Hanifah took
up the position of teacher at the age of forty and became the most outstanding scholar in Kufah.
As such, he appeared to be a valuable prize to the Umayyad caliphs of that time. They offered him
the position of Qadi (judge) of Kufah, but he refused the post5 saying: “He was not fit for the post”.
Al mansoor became angry and shouted: “You are a liar.” He immediately retorted: “if I am a liar,
then my statement that I am not fit for the post of a Qadi is true since a lair cannot be appointed as
a judge.”6

The caliph ordered that he should be imprisoned. But his reputation as a scholar and teacher
made the caliph to allow him to teach even in the prison. When more and more people visited the
prison to listen to the Imam, Mansoor saw another danger to his authority, and decoded to poison
the Imam.7

In the month of Rajab 150 A.H., the great Imam died to the effect of poison while he was
saying his prayers. The Janazah prayer was performed six times, and each time fifty thousand
people took part in the prayers. Even after his burial, people kept on coming from different places
saying funeral prayers for about twenty days.8

Formation of the Hanafi Madh-hab

4
Doi, 2007
5
Philips,
6
Doi, 2007
7
Ibid.
8
Ibid.
SHA 105 (INTRO TO ISLAMIC LAW AND JURISPRUDENCE)
PROF. HIDAYA B. BANGCOLA

Imaam Abu Hanifah based his teaching method on the principle of Shoorah (group
discussion). He would present a legal problem to his students for debate and discussion and tell
them to record its solution whenever they arrived at a unified position.
Because of this interactive approach to making legal rulings, we could say that the Hanafee Madh-
hab was as much a product of Abu Hanifah’s students’ efforts as it was a product of his own efforts.
They would also debate on hypothetical problems and work out solutions, based on the principle
of preparing for a problem before its occurrence. Because of their leaning towards hypothetical
Fiqh which often introduced an issue with the question, “what if so and so happened?” they became
known as the what-iffers or Ahl ar-Ra’I (the opinion people). (Philips, ___)

1.2 IMAM MALIK BIN ANAS

The founding scholar of this Madh-hab, Maalik ibn Anas ibn‘Aamir, was born in Madinah
in the year 93 A.H.9 there is no accurate record of the date of his birth, but it is considered correctly
reckoned to be between the year 90-97A.H.10 According to the Imam himself, he was born in
93AH at Madinah.11

The Imam belonged to a royal Arab family of Humair from Yemen which had settled in
Madinah after the advent of Islam. Imam Malik’s Kunya was Abdallah but when he became very
famous as a great scholar in Madinah, people preferred to him as Imam Dar al-Hijrah, ‘the Leader
of the House of Migration’ meaning the leader of thought in Madinah.

Maalik studied Hadeeth under az-Zuhree who was the greatest Hadeeth scholar of his time
as well as under the great Hadeeth narrator, Naari’, the freed slave of the Sahaabee ‘Abdullah ibn
‘Umar. Maalik’s only journeys outside of Madeenah were for Hajj, and thus he largely limited
himself to the knowledge available in Madinah. (Philips, __)

9
Ibid.
10
Arabani, 1997
11
Ibid.
SHA 105 (INTRO TO ISLAMIC LAW AND JURISPRUDENCE)
PROF. HIDAYA B. BANGCOLA

He was severely beaten in the year 764 CE by the order of the Ameer of Madeenah, because
he made a legal ruling that forced divorce was invalid. This ruling opposed the ‘Abbasid rulers’
practice of adding in the oath of allegiance given to them by the masses the clause that whoever
broke the oath was automatically divorced. Maalik was tied and beaten until his arms became
severely damaged to such a degree that he became unable to clasp them on his chest in Salaah and
thus he began the practice of praying with his hands at his sides according to some reports.

Imaam Maalik continued to teach Hadeeth in Madeenah over a period of forty years and
he managed to compile a book containing Hadeeths of the Prophet ‫ ﷺ‬and Athars of the Sahaabah
and their successors which he named al-Muwatta’ (the Beaten Path). He began his compilation of
Hadeeths at the request of the ‘Abbasid caliph, Abu Ja’far al-Mansoor, (754-775 CE) who wanted
a comprehensive code of law based on the Prophet’s ‫ ﷺ‬Sunnah which could be applied uniformly
throughout his realm. But, on its completion, Maalik refused to have it forced on the people
pointing out that the Sahaabah had scattered throughout the Islamic empire and had taken with
them other parts of the Sunnah which also had to be considered in any laws imposed throughout
the state. Caliph Haaroon ar- Rasheed (768-809 CE) also made the same request of the Imaam, but
he was also turned down. Imaam Maalik died in the city of his birth in the year 801 CE at the
venerable age of 83. (Al – Madkhal, p. 184; cit. Philips, 2007)

Formation of the Maalikee Madh-hab

Imaam Maalik’s method of teaching was based on the narration of Hadeeths and the
discussion of their meanings in the context of problems of that day. He would either narrate to his
students Hadeeths and Athars (statements of the Sahaabah) on various topics of Islamic law then
discuss their implications, or he would inquire about problems which had arisen in the areas from
whence his students came, then narrate appropriate Hadeeths or Athars which could be used to
solve them.

After Maalik completed al-Muwatta’, he used to narrate it to his students as the sum total
of his Madh-hab, but would add or subtract from it slightly, whenever new information reached
SHA 105 (INTRO TO ISLAMIC LAW AND JURISPRUDENCE)
PROF. HIDAYA B. BANGCOLA

him. He used to strictly avoid speculation and hypothetical Fiqh and thus his school and its
followers were referred to as the people of Hadeeth (Ahl al-Hadeeth). (ibid.)

1.1 THE SHAAFI’EE MADH-HAB

Abu Muhammad Abdal Rahman bin Abi Hatim al-Razi who died in 327 AH/938 AD is
the earliest and most accurate biographer of Imam Al-Shafi’i who says that Muhammad Idrees Al-
Shafi’i was born in Gaza, a small town on the Mediterranean Sea. Some other biographers say that
he was born in Asqalan (Askelon) which is not from Gaza in the year 150 AH/767 Ad. He belonged
to the tribe of Quraish, and thus was a descendant of Prophet Muhammad.12(Philips, 2007)

As a child Shafi’i was a very intelligent and a bright boy, always very keen to learn the
traditional Islamic sciences. Like every Muslim child in those days, he began his studies with the
learning of the Qur-an and memorized it at the early age of seven years. During that time Imam
Malik’s famous work Al-Muwatta was a very well-known book on Hadith and Fiqh in Hijaaz and
other parts of Muslim world. We are told that that Al- Shafi'i memorized complete Al-Muwatta at
the age of fifteen. He studied Islamic Jurisprudence under the well-known scholar Muslim bin
Khalid Al-Zanji, the Mufti of Makkah and Sufyan bin ‘Uyayana.13 Ash-Shaafi’ee remained under
Maalik until the latter died in 801 CE. Then he went to Yemen and taught there. He remained there
until he was accused of Shi’ite leanings in the year 805 CE and brought as a prisoner before the
‘Abbasid Caliph, Haaroon ar- Rasheed (rule 786-809 CE) in Iraq. Fortunately, he was able to prove
the correctness of his beliefs and was subsequently released. Ash- Shaafi’ee remained in Iraq and
studied for a while under Imaam Muhammad ibn al-Hassan, the famous student of Abu Hanifah.
Later he traveled to Egypt in order to study under Imaam Muhammad ibn al-Hassan, the famous
student of Abu Hanifah. Later he travelled to Egypt in order to study under Imaam al-Layth, but
by the time he reached there the Imaam had passed away. However, he was able to study the Madh-
hab of al-Layth from al- Layth’s students. 14

12
Doi, 2007
13
Ibid.
14
Philips
SHA 105 (INTRO TO ISLAMIC LAW AND JURISPRUDENCE)
PROF. HIDAYA B. BANGCOLA

It is a pity that at times the difference of opinion of Ulama are not tolerated by some shallow
minded followers of certain savants as can be seen in the case of Al-Shafi’i differences of opinion
from his master Imam Malik. It is said that a man called Fityan, a follower of Imam Malik in Egypt
was defeated in arguments by Al-Shafi’i during his learned lectures and discourses, and as a result
Fityan’s followers attacked Al-Shafi’i after one of his lectures, and badly injured him. A few days
later Al-Shafi’i died. There is another view as well that Imam Al-Shafi’i suffered from a serious
intestinal illness which made him very weak during the last day Of Rajab in the Year 204 AH/20th
January 820 AD in the old Cairo, in Egypt. He was buried near Mount al-Muqattam. About four
centuries after his death a big domed Mausoleum was built at his grave by the Ayyubid Sultan,
Malik al-Kamil in the year 608 AH/1212 AD.

Formation of the Shaafi’ee Madh-hab

Imaam ash-Shaafi’ee combined the Fiqh of Hijaaz (Maalikee thought) with that of Iraq,
(Hanafee thought) and created a new Madh-hab which he dictated to his students in the form of a
book called al-Hujjah (The Evidence). This dictation took place in Iraq in
The year 810 CE and a number of his students memorized his book and narrated it to others. This
book and period of his scholarship are usually referred to as al-Madh-hab al-Qadeem (the old
school of thought) to differentiate it from the second period to his scholarship which occurred after
he reached Egypt. In Egypt he absorbed the Fiqh of Imaam al-Layth ibn Sa’d and dictated al-
Madh-hab al- Jadeed (the new school of thought) to his students in the form of another book which
he named al-Umm (he Essence). Because of his exposure to a completely new set of Hadeeths and
legal reasoning, in al-Madh-hab al-Jadeed, he reversed many of the legal positions which he had
held while in Iraq. Imaam ash-Shafi’i holds the distinction of being the first Imaam to systematize
the fundamental principles of Fiqh which he recorded in his book called ar-Risaalah.15

1.2 IMAM IBN HANBAL

The fourth and the last of the orthodox Sunni Schools of Muslim law is the Hanbali
Madhaab founded by Abu Abdillah Ahmad ibn Muhammad ibn Hanbal, known by the name Imam

15
Ibid.
SHA 105 (INTRO TO ISLAMIC LAW AND JURISPRUDENCE)
PROF. HIDAYA B. BANGCOLA

Ibn Hanbal. A Pure Arab, his grandfather Hanbal b. Abdillah, was a governor under the Umayyads
at Khurasan while his father was a commander in the Abbasid army. A member of the clan of
Shaiban, born at Baghdad in Rabi’il 164 AH/ November 780, he became a celebrated Islamic
theologian during his time. Since his childhood, he has already shown his natural scholarly talent
and independent mind. He was brought up at Baghdad, then a center of learning and high
civilization. He learnt the Qur-an by heart at an early age and began to study linguistics and
writings at the age of fourteen years. He started to study the science of traditions under Imam Abu
Yusuf, which he continued studying under other Muhaddithin. He started his studies on Muslim
jurisprudence in his native town (till 183/790), and from there went on a very extensive student
travels, which led him through Iraq, Syria and Hijaaz to Yemen, and aimed chiefly at acquiring
knowledge of Hadith. He studied law under the Iraqis jurists and getting further training from
different traditions, developed a bias for Hadith science as compared to fiqh. He also studies
sciences under Imam Shafi’i and other noted personalities. 16 After he return home, he took lessons
from Al-Shafi’i in Fiqh and its Usool (195-7/810-3) but from all accounts that are left of him, he
appears to have been more learned in the traditions than in the science of law.

Although ibn Hanbal does not appear to have written any treaties on law, he had
nevertheless left one treatise which expounds his doctrines, and his views are mentioned as
references in the law books of other schools. He left only a compilation of authenticated traditions.
He explicitly stated: “I am not a man of dogmatic theology. Rather, I am against it. Only what is
in the Book and the Sunnah or what has been authentically related by the companions of the
Prophet may be considered.

His great work, a collection of 50,000 traditions reported and known as “Musnadul’l-Imam
Hanbal”, a now forms a valuable addition to Muslim jurisprudence. It is called “Musnad”, a great
encyclopedia of traditions, compiled by his son Abdullah from his lectures. Besides the Musnad,
there has been published Ibn Hanbal Kitāb al-salat wa-ma yalzam fiha, on the discipline of prayer.
A political treatise by ibn Hanbal is frequently quoted in works of Hanbalite dogmatists: al-Rada
ala al-Zandika wa l-Djahmiya fi ma shakhat fi hi min mustshabih al Qur’an, in which he refutes
the ta’weel explanation introduced by the Mu’tazilites. Likewise, a book of his entitled Kitāb ta’at

16
A. Qadri, Islamic Jurisprudence in the Modern World; Cit. Arabani, 1997)
SHA 105 (INTRO TO ISLAMIC LAW AND JURISPRUDENCE)
PROF. HIDAYA B. BANGCOLA

at-Rasul is quoted: in it he discusses the line one must follow in those cases where the Hadith
seems to be in contradiction with the text of certain Qur-anic passages. (Gibbs-Kramers, Shorter
Encyclopedia of Islam; cit. Arabani, 1997)

Imam Ahmad Hanbal in the later years of his life challenged even the Caliph and his
religious authority. As a result, he was imprisoned for a long time and was treated very harshly by
the rulers. But as man of conscience, he never surrendered to the wrong – headed views of the
authorities. There exists a lot of material on his inquisition. The suffering of Imam Ahmad really
started when he came into conflict with the Mu’tazilites and their philosophical ideologies. Imam
Ahmad and other traditionists flatly refused Mu’tazilites doctrines and condemned the mischief of
the creation of the Qur-an which was supported by the ruling Abbasid Caliphs. It was for this
reason that he was brought before the inquisition from Baghdad to tarsus in very heavy chains.
Particularly, it was during the reign of Caliph Mu’tasim Billah, that he patiently suffered corporal
punishment and secluded imprisonment. He was thrown in a prison in Baghdad where he spent
nearly thirty months. There was no light in the cell, and he was not given a lamp at night. When
the Imam insisted on his traditional belief and did not agreed with the Mu’tazilites doctrines put
forward by Abdal-Rahman Al-Mu’tazili and Ishaq bin Ibrahim Al-Mu’tazili, a large group of
executioners were brought, his hands were tied and he was whipped until unconscious. But in spite
of all the atrocities, and blood flowing due to flogging, Imam Ahmad kept on saying the Qur-an is
uncreated, it is the knowledge of Allah (Ilm Allah) and one who said that knowledge of Allah is
created has committed the sin of disbelief (Kufr). Mu’tasim, the caliph was sacred of his future in
third world and the next world, and ordered the punishment to be stopped and chains to be removed
on 25th Ramadhan in the year 221 AH. 17 The wounds began to heal and Mu’tasim made sure that
his deputies came and enquired of the health of the Imam. He repented for his actions. Imam
Ahmad forgave all except those who had committed a great sin against the Book of Allah. Imam
Bukhari says that when news of Imam’s suffering reached Basrah, Abul Walid Tiyalsi said: “If
Imam Ahmad had been born among the Israelites, perhaps he would have been a Prophet of Allah.”

17
Subki, Tabaqat al-Shafiiyyah al-Kubra; cit. Doi, 2007
SHA 105 (INTRO TO ISLAMIC LAW AND JURISPRUDENCE)
PROF. HIDAYA B. BANGCOLA

Imam Ahmad died in 241 AH. The people of Baghdad turned for his funeral prayers.18
With the death of Imam Ibn Hanbal, the age of independent jurists came to an end, and the work
that has been done since then in developing the laws and legal science has been mainly
supplementary. (Abdur Rahim, Muh. Jurisprudence, p.30; cit. Arabani, 1997)

Formation of the Hanbalee Madh-hab

Imaam Ahmad’s greatest concern was the collection, narration, and interpretation of
Hadeeth. His teaching method consisted of dictating hadith from his vast collection known as al-
Musnad, which contained over 30,000 Ahadith, as well as the various opinions of the Sahaabah
concerning their interpretation. He would then apply the Hadeeths or rulings to various existing
problems. If he could not find a suitable Hadeeth or opinion to solve a problem, he would offer his
own opinion while forbidding his students to record any of his own solutions. As a result, his
Madhaab was recorded, not by his students but by their students.19

Lesson 5: The Fifth Period of Muslim Law

The fifth period of Muslim Law is the period from 351 AH or 960 AD to the fall of Baghdad
in 656 AH or 1258 AD. In this period, the schools of Muslim law were developed into separate
and independent schools.

The jurists of this period are called the Mustawjihun, as they followed the views of the
original founders of the schools of law and developed and systematized those views. The doctrines
of the various schools of law were consolidated and codified during this period. The jurists of this
period applied themselves to the task of consolidating the work done by the founders of the schools
of law both in the fields of the theoretical science and the practical application of the law. They
devoted their attention to concrete questions, which had not been dealt by the founders of the
different schools nor by their immediate disciples, and to the collection and arrangement of the
opinions of the founders of the schools.

18
Doi, 2007
19
Philips
SHA 105 (INTRO TO ISLAMIC LAW AND JURISPRUDENCE)
PROF. HIDAYA B. BANGCOLA

The Qāḍī’s or Muslim judges too tended to regard themselves as belongings to particular
schools of law, and the qāḍī’s to a large extent tended to confine himself to the administration of
the doctrines of the particular school to which he belonged. (Ahmad Ibrahim, Sources and
Development of Muslim Law; cit. Arabani, 1997)

Furthermore, Competitive debates called Munaadharat continued to flourish under the


patronage of the ‘Abbasid caliphs and some of these debates were actually recorded in books. In
time, the spirit of rivalry largely generated by these debates spread to the masses, and Madh-hab
factionalism became widespread. There was a drastic reduction in the number of Madh-habs, and
the structure and operation of the four that survived became highly systematized. Scholars within
a Madh-hab were obliged to base their Ijtihaads solely on the fundamental principles (Usool) of
their particular Madh-hab. During this period the compilation of Fiqh was further formalized and
used to further Madhaab rivalry. (Philips, 2007)

Lesson 6: The Sixth Period of Muslim Law

This stage covers approximately six centuries starting with the sacking of Baghdad in 1258
CE and the execution of the last ‘Abbaasid caliph, al-Mu’tasim, and ending around the middle of
the nineteenth century of the Christian era. This period also represents the rise of the Ottoman
Empire, founded in 1299 CE by the Turkish leader ‘Uthmaan I, until its decline under the attacks
of European colonialism. (Philips, 2007)

The jurists of this period are called Muqallidun, as they regard themselves as the followers
of the different schools of law. These jurist took a narrow view of their functions and occupied
themselves in determining which of the conflicting various of the principal jurists, that is, the
founder of each schools and his disciples on a given question was correct and in the event of
differences of opinion among them, whose view was to be taken as representing the law. (Arabani,
1997)

The prevailing characteristic of this period was that of Taqleed (the blind following of a
Madh-hab) and factionalism. This degenerative trend resulted in the dropping of all forms of
SHA 105 (INTRO TO ISLAMIC LAW AND JURISPRUDENCE)
PROF. HIDAYA B. BANGCOLA

Ijtihad and the evolution of the Madh-habs into totally separate entities closely resembling sects.
The compilation of Fiqh during this period was limited to commenting on previous works and was
directed toward the promotion of individual Madh-habs. Thus, the dynamism of Fiqh was lost and
many of the laws became increasingly outmoded and inapplicable in their existing forms. In order
to fill this legislative gap, European law codes were gradually introduced in place of some of the
Islamic laws, which had fallen into disuse. Eventually with the advance of European colonialism
and the breaking up of the Muslim Empire, European laws supplanted Islamic law. Certain
reformers sought to stem the tide of stagnation and decline, calling for a return to the original
purity of Islaam and its laws. However, factionalism has continued to the present day, in spite of
an increase in institutional teaching of comparative Fiqh. (Philips, 2007)

Lesson 7: The Seventh Period of Muslim Law

The seventh period of the development of Muslim law may be said to begin from the end of
the 6th period which is considered by authorities on the subject commenced from the abolition of
the Caliphate in 1992 and the Sultanate of Turkey in 1924, and, is believed to have not yet come
to an end up to the present. After the end of the sixth period, Sunni Islam had no more recognized
head and the history of Muslim law in the period was greatly affected by the application of the law
in the every Muslim country. In this period, great inroads were made by secular law into the
domain of the Shari’ah in most of the Muslim countries. (Arabani, 1997)

Under the impact of modern conditions and the pressing need to bring the family law into
the line with the demands of society, many changes were effected to the law as a traditionally
applied. In the early stages, these reforms were justified on the juristic basis of the doctrine of
siyasah, which in general terms, defines the position of the political authority in relation to the
Shari’ah law. Later, in this period, the pressing need to make Muslim law apply to recent
conditions has very much influenced its –medium of development as a law.

At the end of the eight century AH (14th century AD), we have arrive at the age of
commentators and annotators. Though carrying on their work under a modest title, the
contributions of these learned men to the science of law have been most valuable and important.
SHA 105 (INTRO TO ISLAMIC LAW AND JURISPRUDENCE)
PROF. HIDAYA B. BANGCOLA

It is wrong to suppose that the commentators merely explained the texts and added nothing to the
law. In fact, it is only in the writings of the commentators and annotators that it is possible to find
the doctrine of the different schools expounded in their fullness. The official doctrine of each
school came to be contained not in the works of the old masters, though they might have been
qualified to exercise Ijtihad but in those handbooks that common opinion of the school has
recognized as the authoritative exposition of its current doctrine. (Ahmad Ibrahim, Sources and
Development of Muslim Law; cit. Arabani, 1997)

References

Abdulrahman, Jashim A. 2012. Islamic Jurisprudence A comprehensive Reviewer. Research


Coordination Office, King Faisal Center for Islamic, Arabic and Asian Studies

Arabani, Bensaudi I. 1997. Commentaries on the Code of Muslim Personal Laws of the
Philippines with Jurisprudence and Special Procedure. REX Book Store: Manila,
Philippines.

Doi, Abdur Rahman I. 2007. Shari’ah: The Islamic Law. A.S. Noordeen: Gombak, Kuala
Lumpur, Malaysia.

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