Fiqh's Foundation: Prophetic Era to Sahabah

Understanding the Stages of Fiqh: From the Prophetic Era to the Time of the Companions

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INTRODUCTION:
This encompasses several important issues for the student of knowledge who wishes to study Fiqh. This is because a person in his study of Fiqh embarks on the study of Fiqhi and Shri'i issues related to deeds of mukallifeen (worshippers).

A problem with beginner students of knowledge: they study the Fiqh while deep down they believe that it is nothing but the opinions of men and words of jursists.
They say: "we accept from it what agrees with the Qur'an and sunnah and anything that contradicts Qur'an and sunnah is ignored and disregarded..." They presume within themselves that part of this science is derived from shari' evidence and is based upon it while it also includes some of the issues that are not derived from shari' evidence. They think that part of Islaamic Fiqh is purely based on personal opinions.

They should be aware of the origins, sources and development of this knowledge.
They should know that existing schools of Fiqh (Hanafi, Maliki, Shafi' and Hanbali) are extensions of the school where the prophet sallaAllaahu 'alayhi wasallam taught Fiqh to his companions.

Every single issue in Fiqh is based on shari' evidence!

We do not claim that the result must be absolutely correct as every school of Fiqh has aspects that are correct and others that may contain errors.

-Meanings of Fiqh-
1) Linguistic meaning
2) Religious (shari') meaning
3) Technical meaning

Linguistically: Understanding. Can be about the understanding of mathematics, engineering, chemistry, or shari'.

Religious: knowledge of the issues pertaining to the Religion in GENERAL. Understanding the Attributes of Allaah, knowing the stories of prophets, description of hell and paradise, falls under the religious definition of Fiqh. All of them, whether practical rulings or others.  As the prophet sallaAllaahu 'alayhi wasallam said: "when Allaah wishes good for anyone He bestows upon him Fiqh (understanding) of the Religion."  Sometimes, seeking knowledge in some matters not related to deeds might be of greater benefit and more worthy of learning.

Technical definition: Understanding of the practical religious rulings related to the deeds of mukallafoon (worshippers).

The Religious definition is wider.

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THE SUBJECT MATTER OF FIQH:
The subject matter of fiqh is the actions of worshippers in relation to the legal rulings that pertain to them (actions), deeds of the worshipper like the subject matter of the medicine Is the human body. This is why 'aqeedah is not incorporated  into the science of fiqh despite some scholars may refer to AQEEDAH as 'Fiqh al-Akbar' (Major Fiqh).

VIRTUES OF THE KNOWLEDGE OF FIQH:
Every evidence mentioned in the Qur'an and sunnah regarding the virtue of religious knowledge serves as evidence for the virtue of Fiqh.

Unique virtue of Science of Fiqh
Ibn Jawzi: "the greatest evidence of the virtue of something is to look at its fruits and whoever contemplates over the fruits of fiqh knows that it is the best of sciences."

We understand from this, you will find people's needs for fiqh issues are one of them most pressing needs from the scholars of shari'a. We do not say it's their most significant needs, if significant, it's correcting their beliefs. In terms of quantity, it's always related to fiqh.

Despite the great importance of the science of Fiqh, many students of knowledge have fallen short in Learning it

SOURCE OF FIQH:
Source of Science of Fiqh is based on the science of Usul ul Fiqh. Usul ul Fiqh shows that Fiqh is derived from Quraan sunnah, ijma (consensus) and other sources.

As for the ruling on learning fiqh then it's of Two Types:
•Some issues must be learned by every muslim, fard al 'ayn, obligation on every muslim (eg. Learning the description of prayer)

•There are things that are not an individual obligation, not incumbent upon all worshippers (fard al kifayah), they are communal. However, it might become an individual obligation on some people.

STAGES OF FIQH
1ST STAGE:
Stage of legislation which is specific to the time of the Prophethood. After his death legislation ceased. 

2ND STAGE:
Stage of fiqh before the coming of schools of fiqh. Includes the Fiqh during the time of companions, successors and the early followers of successors. This was before the schools of Fiqh became established.

3rd STAGE:
stage of schools of fiqh encompassing all of it until present time

LAST STAGE:
dedicated to the modern era, Contemporary era.

These dates (of stages) are all approximate except for the first stage, which is the stage of legislation.

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STAGES OF FIQH

1st STAGE:
This stage begins with the mission of the prophet sallaAllaahu 'alayhi wasallam when he was sent by Allaah and received revelation. Stage of legislation which is specific to the time of the prophet and ended with his passing away, as legislation ceased at that point.

Two main phases under this stage: Makkan and Medinian phase.
Makkan phase: focused on the fundamental principles of the religion. "Focused" and not limited as there were legislations pertaining to actions as well.
Medinian phase: Medinian stage: emphasized on fundamentals and the detailed legislations increased after the migration

The sources of legislations under this stage:
sources of legislations under this stage are the Quraan and Sunnah.

Consensus (ijma') and analogy (qiyas) during this stage:
If Ijma' occurs during the time of prophet sallaAllaahu 'alayhi wasallam and is perceived to have taken place during the prophetic era and if the prophet affirms it, then it becomes a sunnah.

The scholars differed on this issue in the science of Usul ul Fiqh. If the prophet judged based on ijtihad (independent reasoning ) or he only judged based on divine revelation. But whether he practiced ijtihad or not, is to be based on sunnah. In other words it falls within the realm of the prophetic sunnah.

Some important points regarding the stage of legislation:
• Legislations that is establishing legal rulings is specific to this stage.

Companions or tabioon who issued fatwas after the death of prophet sallaAllaahu 'alayhi wasallam, this is not legislation rather this is ijtihaad.
The legislation comes ONLY from Allaah and His messenger sallaAllaahu 'alayhi wasallam.

Saying the statement of a companion is authoritative does not imply that the companion can legislate in his own accord. Rather we say it is authoritative because they have a better understanding of the Quraan and the sunnah.

Scholars like al Tilmisaani and others divided the evidence into 2 types:

1) Evidence that legislates rulings by itself, which is Quraan and sunnah

2) evidence that contains or implies other evidence such as statement of a companion and ijma'
Even ijma' does not establish a ruling, rather,  it manifests the ruling.

• During this stage, the differences in fiqh were relatively limited and were not prominently apparent.

Differences existed at this stage  such as the story of Banu Qurayzah,
When the prophet ﷺ said: " no one should perform asr until we reach Banu Qurayzah...."
One of the groups said that they must not pray until reached while the other group said that they can pray because what was intended was to hasten the traveling. And the prophet did not rebuke either of them.
But the disagreements were limited as the companions used to refer back to the prophet.
The companions used to make ijtihad when there was no instruction from the prophet like Muadh ibn Jabal when he was sent to Yemen as judge.

The prophet ﷺ  asked: How will you judge when the occasion of deciding a case arises ?" Muaadh replied: " I shall judge in accordance with Allaah's Book."

He was further asked: "what if you don't find any guidance in Allaah's Book ?"
Muaadh replied: "I shall act in accordance with the sunnah of the prophet."

He ﷺ then asked: "what if you do not find any guidance in the sunnah of the prophet ?"
Muaadh Replied: " I shall do my best to form an opinion and I shall spare no effort."
There is some debate concerning the isnad (chain of transmission) of this narration but the point is that the prophet sallaAllaahu 'alayhi wasallam appointed Muaadh as a representative to Yemen.

And the companions used to make ijtihaad in some situations and there were no direct means of communication. They may encounter certain circumstances that require immediate judgements.

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THE STAGE OF PRE SCHOOLS OF FIQH
Represented by the era of sahabah and the tabi'een.

Some sources of jurisprudence at this stage:
Sources narrated with an isnaad like the Musannaf of 'Abd ar- Razzaq al San'ani and some without isnaad like books of comparative jurisprudence. You will find a range of juristic opinions attributed to the sahabah. In these books, you will find the opinions of Ibn 'Umar,  Ibn Mas'ud, and other sahabah.

The sahabah who left behind recorded fatawa were 130 individuals as determined by Imaam Ibn Hazam and imaam Ibn al Qayyim.

The Reign of Abu Bakr
Abu Bakr as-Siddeeq is regarded as the most knowledgeable and the most learned one among all sahabah in all aspects as affirmed by the scholars. It is unanimously agreed that Abu Bakr is the most knowledgeable companion.
However, the duration of Abu Bakr's Caliphate after the prophet was not lengthy (was approximately two years and three months ) therefore not much has been transmitted from him in terms of fatawa, fiqh and judgements.

Umar's Caliphate extended for ten years and six months and many fatawa and judgements have been transmitted from him in various matters. The same applies to 'Ali, he was the last of the four rightly guided caliphs to pass away. The fiqh attributed to 'Ali whether before or after assuming the Caliphate, has been extensively transmitted.

AMONG THE SAHABAH WHO GAVE A LARGE NUMBER OF FATAWA:

Ibn Mas'ud:  had a school of Fiqh and a distinct legal approach that had disciples and followers as mentioned by Ibn al Madini.
He stated that there were three sahabah who had followers adhering to their madhhabb. These three sahabahs are: 'Abdullah ibnu Mas'ud Zayda Ibnu Thabit and Abdullah ibnu 'Abbas.

The school of Fiqh attributed to Ibn Mas'ud was prominent in Kufah. 'Umar sent Ibn Mas'ud to Iraq, Kufah and said to the people: "Learn from him, for by Allaah, I have preferred him over myself." So he became a teacher in Kufah and had students and a madhhabb of Fiqh.
The people of kufah and Iraq followed the madhhabb of 'Abdullah ibnu Mas'ud. So it is very natural for people to gather around a knowledgeable person and follow his fatawa. This is neither surprising nor condemnable.

Also among them who gave many fatawa was 'Aishah the daughter of Abu Bakr as Siddiq. She was a knowledgeable teacher and jurist.

Zayd ibnu Thabit: Zayd ibnu Thabit had a followed madhhabb of Fiqh in the city of Madinah. In Madinah during the time of sahabah, the prevailing madhhabb of Fiqh that had followers was the school of Zayd Ibnu Thabit.

When Zayd passed away, the people of Madinah adopted the school of 'Abdullah ibnu 'Umar and some scholars said that Abdullah ibn Umar followed the madhhabb of Zayd Ibnu Thabit. Doesn't mean he imitated the madhhabb of Zayd. Both of them were Mujtahids. He was a Mujtahid who followed the opinions of other Mujtahid.

Abdullah ibn Abbas:
He also had a followed madhabb in the city of Makkah. So the people of Makkah followed the madhhabb of 'Abdullah ibnu 'Abbas. After his death, the most prominent jurists of Makkah were his students.

Likewise 'Abdullah ibnu 'Umar in Madinah.

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