LAW499

HISTORICAL
DEVELOPMENT OF
ISLAMIC LAW
 RELEVANT
PERIODS
Six distinct periods:
1) Period of Prophet Muhammad (609 – 632 AD)
2) Companions of Prophet (632 – 661 A.D)
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3) Ummayyad Caliphate (661 – 750 AD)
4) Abbasid Caliphate (750 – 961 AD)
5) Ottoman Caliphate (962 – 1258)
6) Colonisation of Muslim territories by European powers (1258 – 1922 AD)
 PERIOD OF PROPHET MUHAMMAD SAW

• Prophet Muhammad’s mission is to reform humanity.

• Revelation of the Quran was during the lifetime of Prophet
Muhammad.
• Whenever a problem arose the matter was referred to the Prophet
and he gave his ruling either in the form of revelation from Allah , i.e.
a Quranic verse or in the form of his own sayings or explanation.
• Most of the verses dealing with legal matters were recorded during the
last ten years in Madinah.
 PERIOD OF PROPHET MUHAMMAD SAW

• The structure of Islamic law based on Quran and Sunnah was completed
during the life time of Prophet Muhammad.
• The Quran was recorded during the Prophet’s time. Among companions
who were given the task were Zaid ibn Thabit, Ali ibn Abi Talib, Uthman ibn
Affan and others. The compilation however then was not systematic.
• Companions who recorded traditions of the Prophet during his lifetime were
Abdullah ibn Amir ibn al-Aas, Anas ibn Malik and Hamman ibn Munabbih.
• The Quran and Hadiths do encourage people to regulate their conduct
according to the moral principles revealed to the Prophet.
• Prophet’s aims was to create a model out of the conditions and materials in
his time for the rest of the world and posterity.
• .
 PERIOD OF PROPHET MUHAMMAD SAW

• During the lifetime of the Prophet the text of the Quran was
preserved in the memories of the Companions or being
inscribed on bones, leaves or tablets of stone.
• Creation of the Charter of Medina or the Medina Constitution.
 PERIOD OF PROPHET MUHAMMAD SAW

• The cardinal duty of the govt. is to implement the Shariah.

• Islamic state advocates simplicity and closeness to the people; The
Prophet requested that no one should rise to stand for him upon his
arrival. It is a welfare state with a centralised structure and authority.
• Zakat is collected and used for the basic needs of the needy. It is also
a representative govt. which is accountable to the people.
• The constitutional theory of Islam revolves around the concepts of
ummah, shariah, khalifah, shura and bay’ah (oath of allegiance).

• .
 PERIOD OF PROPHET MUHAMMAD SAW

• The theory of caliphate also discusses the rights of the caliph and
citizen’s duty to obey him.
• The judicial system was set up. Prophet Muhammad was a judge and
he appointed others, to administer the Islamic principles.
• Muaz bin Jabal was sent to Yaman as Qadi and Prophet Muhammad
interrogated him that if he does not find solutions in the Quran, or in
the Sunnah than he shall should practice legal reasoning (ijtihad) or
qiyas (analogical deduction).

• .
 MEDINA CHARTER

• Constitution of Madinah
• Drafted and promulgated by Prophet Muhammad.
• Formal agreement between the Prophet and all significant tribes and families
of Yathrib(old name of Madina) - Muslims, Jews, Pagans
• To end the bitter inter tribal fighting between the clans of Aws (Aus) and
Khazraj within Madinah
 MEDINA CHARTER

• It instituted a number of rights and responsibilities for the Muslim, the Jewish
and Pagan communities of Madina bringing them within the fold of one
community (the ummah)
• It was the first written Charter in the world history that established equal
rights and obligations for all the State citizens regardless of their faiths,
religions, colours or races.
 MEDINA CHARTER

The Constitution established:-

• Stable tribal relations within Madinah

• A tax system for supporting the community in time of conflict
• Parameter for exogenous political allies
• A system for granting protection of individuals
• A judicial system for resolving disputes
• Regulation on the paying of blood money (payment between families or tribes for the
slaying of an individual in lieu of lex talionis)
 MEDINA CHARTER
The formation of one nation (ummah)

1.
“This is a document from Muhammad the Prophet governing relations
between the Believers i.e. Muslims of Quraysh and Yathrib and those who
followed them and worked hard with them”
 MEDINA CHARTER
Regulation of Blood Money

2, 4, 6, 7
“The Quraysh Mohajireen + the Bani Awf will decide on blood
money within themselves, according to their existing custom.”
(the same will be applicable to other tribes; the Bani Saeeda, Bani
Harith, Bani Jusham, Bani Najjar, Bani Amr, Bani AlNabeet and
Bani Aws)
 MEDINA CHARTER
Regulation of Blood Money

8
“The Believers will redeem their prisoners by paying blood money on their
behalf. It will be a common responsibility of the Ummah and not the family
of the prisoners to pay the blood money
 MEDINA CHARTER
Principles of Justice

3,5
“In case of war with anybody, the Muslims and the non-Muslims will redeem
their prisoners with kindness +justice according to practice among Believers
and not according to pre-Islamic notions. (where the rich and the poor were
treated differently).
 MEDINA CHARTER
Principles of Justice

10, 11, 55
“The Believers, who fear Allah, will oppose the rebellious elements +those that encourage
injustice or sin, or enmity or corruption among Believers.”
“If anyone is guilty of any such act all the Believers will oppose him even if he be the son of
anyone of them.”
“This Document will not (be employed to) protect one who is unjust or commits a crime
(against other parties of the Pact).”
 MEDINA CHARTER
Principles of Justice

16, 17, 18, 34

“Those Jews who follow the Believers will be helped and will be treated with equality.
(Social, legal and economic equality is promised to all loyal citizens of the State.)”
“No Jew will be wronged for being a Jew.”
“The enemies of the Jews who follow us will not be helped.”
“Those in alliance with the Jews will be given the same treatment as the Jews.”
 MEDINA CHARTER
Principles Governing the Believers Among Them and
With the Non-Believers

12, 13, 15
“A Believer will not kill another Believer, for the sake of a non-
Believer (i.e. even though the non-Believer is his close relative).”
“No Believer will help a non-Believer against a Believer.”
“Believers are all friends to each other to the exclusion of all
others.”
 MEDINA CHARTER
Principles reflecting One Nation (Ummah)

19, 20
“The peace of the Believers (of the State of Madina) cannot be
divided. (it is either peace or war for all. It cannot be that a part
of the population is at war with the outsiders and a part is at
peace).
“No separate peace will be made by anyone in Madina when
Believers are fighting in the Path of Allah.”
 MEDINA CHARTER
Principles reflecting One Nation (Ummah)

21
“Conditions of peace and war and the accompanying ease or
hardships must be fair and equitable to all citizens alike”.
 MEDINA CHARTER
Principles reflecting One Nation (Ummah)

30,31
“The Jews of Bani Awf will be treated as one community with the Believers. The Jews have
their religion. This will also apply to their freedmen. The exception will be those who act
unjustly and sinfully. By so doing they wrong themselves and their families.”
“The same appplies to Jews of Bani Al-Najjar, Bani Al-Harith, Bani Saeeda, Bani Jusham,
Bani Al Aws, Thaalba +the Jaffna (a clan of Bani Thaalba) + Bani Al Shutayba.
34
“Those in alliance with the Jews will be given the same treatment as the Jews.”
 MEDINA CHARTER
Principles reflecting One Nation (Ummah) and Party
Affiliations

51
“Everyone (individual) will have his share (of treatment) in accordance with what party he
belongs to. Individuals must benefit or suffer for the good or bad deed of the group they
belong to. Without such a rule party affiliations and discipline cannot be maintained.”
 MEDINA CHARTER
Principles reflecting One Nation (Ummah) and War-
related matters

38, 49
“If anyone attacks anyone who is a party to this Pact the other must come to
his help.”
“The parties to this Pact are bound to help each other in the event of an
attack on Yathrib.”
 MEDINA CHARTER
Principles on War-related matters

25, 26
“No non-Believer will be permitted to take the property of the
Quraysh (the enemy) under his protection. Enemy property must
be surrendered to the State.”
“No non-Believer will intervene in favour of a Quraysh (because
the Quraysh having declared war are the enemy).”
 MEDINA CHARTER
Principles on War-related matters

29, 35
“The Jews will contribute towards the war when fighting alongside the
Believers.”
“No one (no tribe which is party to the Pact) shall go to war except with the
permission of Muhammad (PBUH). If any wrong has been done to any
person or party it may be avenged.”
 MEDINA CHARTER
Principles on War-related matters

37, 43
“The Jews must bear their own expenses (in War) and the Muslims bear
their expenses.”
“The Jews must pay (for war) with the Muslims.
(this Clause appears to be for occasions when Jews are not taking part in
the war. Clause 37 deals with occasions when they are taking part in war).
 MEDINA CHARTER
Principles on War-related matters

48, 50
“Quraysh and their allies will not be given protection.”
“If they (the parties to the Pact other than the Muslims) are called upon to
make and maintain peace (within the State) they must do so. If similar
demand (of making and maintaining peace) is made on the Muslims, it must
be carried out, except the Muslims are already engaged in a war in the Path
of Allah. (so that no secret ally of enemy can aid the enemy by calling upon
Muslims to end hostilities under this Clause.)
 MEDINA CHARTER
Rule on Killing

36
“Anyone who kills another without warning (there being no just cause for it)
amounts to his slaying himself and his household, unless the killing was
done due to a wrong being done to him.”
 MEDINA CHARTER
Principles on Consultation

39, 40
“They (parties to this Pact) must seek mutual advice and consultation.”
“Loyalty gives protection against treachery. Those who avoid mutual consultation do so
because of lack of sincerity and loyalty.”
 MEDINA CHARTER
Principles on Rule of Retaliation and Protection of
Individual Believer

27
“If any non-Believer kills a Believer, without good cause, he shall be killed in
return. All Believers shall be against such a wrong-doer. No Believer will be
allowed to shelter such man
 MEDINA CHARTER
Principles of Loyalty

32
“Loyalty gives protection against treachery.
(loyal people are protected by their friends against treachery. As long as a person remains
loyal to the State he is not likely to succumb to the idea of being treacherous. He protects
himself against weakness).”
 MEDINA CHARTER
Principles of Loyalty

52, 53
“The Jews of al-Aws, including their freedmen, have the same standing, as
other parties to the pact, as long as they are loyal to the Pact. Loyalty is a
protection against treachery.”
“Anyone who acts loyally or otherwise does it for his own good (or loss).”
 MEDINA CHARTER
Principles of Justice and Individual Protection

41, 42, 45
“A man will not be made liable for misdeeds of his ally.”
“Anyone (any individual or party) who is wronged must be helped.”
“A stranger (individual) who has been given protection (by anyone party to this Pact) will be
treated as his host (who has given him protection) while (he is) doing no harm and is not
committing any crime. Those given protection but indulging in anti-state activities will be
liable to punishment.”
 MEDINA CHARTER
Principles of Shelter and Individual Safety

44
“Yathrib will be Sanctuary for the people of this Pact.”
56
“Whether an individual goes out to fight (in accordance with the terms of this Pact) or
remains in his home, he will be safe unless he has committed a crime or is a sinner. (i.e. No
one will be punished in his individual capacity for not having gone out to fight in accordance
with the terms of this Pact).
 MEDINA CHARTER
Principle on Protection of Women

46
“A woman will be given protection only with the consent of her family (Guardian). (a good
precaution to avoid inter-tribal conflicts).
 MEDINA CHARTER
Principles on Dispute Settlement

28, 47
“When you differ on anything (regarding this Document) the matter shall be referred to
Allah and Muhammad (PBUH)”.
“In case of any dispute or controversy, which may result in trouble the matter must be
referred to Allah and Muhammad (PBUH), the Prophet (PBUH) of Allah will accept anything
in this document, which is for (bringing about) piety and goodness.”
 MEDINA CHARTER
Clauses on Allah and His Messenger

54
“Allah approves this Document.”
- 57
- “Allah is the Protector of the good people and those who fear Allah, and Muhammad (PBUH)
is the Messenger of Allah (He guarantees protection for those who are good and fear Allah).
 MEDINA CHARTER
Clauses on Allah and His Messenger

54
“Allah approves this Document.”
- 57
- “Allah is the Protector of the good people and those who fear Allah, and Muhammad (PBUH)
is the Messenger of Allah (He guarantees protection for those who are good and fear Allah).
 PERIOD OF COMPANIONS OF PROPHET MUHAMMAD
SAW

• Righteous Caliphs ( Khulafa’ al-Rashidun)

• Close adherence to the Quranic verses and Prophet’s traditions. Law
was administered by the Head of state or the Caliph.
• The four Caliphs (Abu Bakar, Umar, Uthman and Ali) were men of
action.
• In the absence of direct authority, the Companions had to guide
themselves by their personal reasoning (aql), having regards to the
usages of the community, which had been approved or not condemned
by the Prophet. An agreement or consensus among the Companions
would vouch for its absolute soundness.
• Ijtihad was used to resolve issues of fiqh based on Quran and hadiths
 PERIOD OF COMPANIONS OF PROPHET MUHAMMAD
SAW : SAIDINA ABU BAKR

• He was the first man to embrace Islam. It is reported that he did not
hesitate to accept Islam upon the Beloved Messenger of Allah’s
invitation; such was his sharp recognition of the truth, and his sincerity
in seeking it.
• The Beloved Messenger of Allah, may Allah’s peace and blessings be
upon him, said, “I have never invited anyone to Islam except that he
had an aversion to it, and irresolution and deliberation, except for Abu
Bakr. He did not delay when I reminded him, and he was not
irresolute.”
 PERIOD OF COMPANIONS OF PROPHET MUHAMMAD
SAW : SAIDINA ABU BAKR

• In an expedition against imposter Musaylimah, caliph Abu Bakar, at the

suggestion of Umar, asked Zayd bin Thabit to officially compiled the
Quran. An official edition of the Quran was compiled.
• Compilation of the Quran begins during the time of Abu Bakr and
completed during the time of Uthman ibn Affan.
 PERIOD OF COMPANIONS OF PROPHET MUHAMMAD
SAW : SAIDINA ABU BAKR

• Imam al Nawawi narrates that Sayyidina Abdullah b. Umar was asked,

“Who used to give out fatwa to the people at the time of the Messenger
of Allah, may Allah bless him and grant him peace?” He answered, “Abu
Bakr and Umar. I don’t know of anyone other than them.”
• Hafiz ibn Kathir reports that Sayyidina Abu Bakr as-Siddiq was one of
the clearest and most eloquent of people.
 PERIOD OF COMPANIONS OF PROPHET MUHAMMAD
SAW : SAIDINA ABU BAKR

• He was one of the Companions who had memorised the entire Qur’an.
• In addition to that, Sayyidina Abu Bakr as-Siddiq was also the most
knowledgeable in Sunnah, having accompanied the Beloved Messenger
of Allah throughout his life and mission.
• The Companions would refer to him on several occasions, and he would
produce hadith transmissions which were otherwise unavailable to them
which he himself had memorised.
 PERIOD OF COMPANIONS OF PROPHET MUHAMMAD
SAW : SAIDINA ABU BAKR

When an issue was presented to him to resolve, he would look in the

Book of Allah, the Qur’an. If he found the basis for judgement there, he
would give judgement on that basis. If not, he would look to
the Sunnah of the Beloved Messenger of Allah. If he could not find the
way, he would go out and ask, “Do you know whether the Beloved
Messenger of Allah gave a judgement on this?” And perhaps a group
would gather around him, each mentioning a judgement of the Beloved
Messenger of Allah, so he would say, “Praise be to Allah Who has put
amongst us those who preserve and memorise from our Prophet.” If he
was unable to find a Sunnah about it, he would gather the leaders and
best of the people, and seek their counsel. If they would agree on a view,
he would give judgement according to that.
 PERIOD OF COMPANIONS OF PROPHET MUHAMMAD
SAW : SAIDINA UMAR

• He established a well-organized consultative assembly, which dealt with

issues at hand.
• Legislation: This was one area where not so much was done during
these early days of ‘Umar, the reason being that the nature of the
Islamic law as well as the community of the believers were not really
demanding for legislation of laws.
• Most of the legislation had been provided by the Qur’an and the
Sunnah whose understanding was still so much alive from the Prophet’s
explanations and exemplary life.
 PERIOD OF COMPANIONS OF PROPHET MUHAMMAD
SAW : SAIDINA UMAR

• He appointed prominent companions namely ‘Ali, ‘Uthman,Mu‘adh bin

Jabal, Abdul Rahman bin ‘Auf, ‘Ubayy bin Kāb, Zaid bin Thā’bit, Abu
Hurairah, Abu Dar’dā and others to be in charge of pronouncing legal
opinions.
• Their legal opinions, Fatawa were respected and more often than not ,
became provisional laws unless otherwise disputed or challenged in
light of a Qur’anic injunction.
 PERIOD OF COMPANIONS OF PROPHET MUHAMMAD
SAW : SAIDINA UTHMAN

• Caliph Uthman again utilised Zayd’s services to prepare the

authoritative edition of the Quran based on the manuscript compiled
during the period of Caliph Abu Bakar.
• Uthman is remembered as a pious, gentle, and kind man, known for his
modesty and shyness, and admired for his generosity.
• He ruled with impartial justice and mild and humane policies, based on
his obedience to God and his love for Prophet Muhammad and the
Muslim nation.
 PERIOD OF COMPANIONS OF PROPHET MUHAMMAD
SAW : SAIDINA UTHMAN

• He narrated 146 traditions directly from the Prophet himself and was
one of very few people who were able to write down Quran.
• Uthman also became a reference point for those trying to learn the
rituals of worship. He understood and was able to instruct others in the
rituals of ablution, prayer, and other Islamic obligations.
 PERIOD OF COMPANIONS OF PROPHET MUHAMMAD
SAW : SAIDINA UTHMAN

• After the death of Prophet Muhammad and during the time of the Caliphs,
hundreds of thousands of non-Arabs converted to Islam.
• Consequently, the Quran began to be recited and written in various different
dialects and scripts.
• The Quran had been gathered during the time of Abu Bakr and was in the
safekeeping of Prophet Muhammad’s wife Hafsah.
• Uthman took possession of the originals and ordered some of the most
trusted companions to make careful copies.
• He then ordered all other unofficial copies to be burned or otherwise
destroyed.
• Five official copies were sent to the greatest cities of the Muslim Caliphate.
Original copies exist to this day in Tashkent, Uzbekistan and the Topkapi
Palace in Istanbul, Turkey.
 PERIOD OF COMPANIONS OF PROPHET MUHAMMAD
SAW : SAIDINA ALI

• Ali was one of the early followers of Islam, becoming a Muslim as a

child.
• Ali was known also for his courage on the battlefield. He was a
distinguished warrior who participated in major battles. The Prophet
Muhammad gave him the title Asadullah, the Lion of God.
• Those who became Shia believe that the Prophet designated Ali as his
political successor and that leadership in general should remain within
the Prophet’s family, ahl al-bayt, which for them includes Ali, Fatima,
and their children.
• Those who became Sunni believe that the Prophet did not designate
anyone to succeed him and that he left it to the community to choose
its leader.
 PERIOD OF COMPANIONS OF PROPHET MUHAMMAD
SAW : SAIDINA ALI

• While the Muslim community was still reeling from the assassination of
Uthman, one of Ali’s first decisions was to dismiss the provincial
governors appointed by Uthman, believing that some were in fact
corrupt.
• Muawiya, the governor of Syria, refused to step down and rejected Ali’s
caliphate because he did not pursue Uthman’s murderers.
• This resulted in military action and the two sides, Muawiya’s and Ali’s,
met at the Battle of Siffin in 657.
 PERIOD OF COMPANIONS OF PROPHET MUHAMMAD
SAW

• Fiqh in this period differed from the time of Prophet Muhammad

because of changes in the structure of the society, political and socio-
economic development.
• Most of the fiqh issues dealt with real issues that occur in the society.
The method were developed by scholars of al-Madinah.
• The companions developed certain procedures deducing the rulings of
fiqh. Personal opinions were based on Quranic verses and sunnah.
• Application of hadith, ijtihad and Ijma’.
• There were no mazhab during the time of the righteous caliphs.
END SLIDE
To be continued