Samarah: Jurnal Hukum Keluarga dan Hukum Islam Volume 9.
No.
March 2025 ISSN: 2549 Ae 3132.
E-ISSN: 2549 Ae 3167 DOI: 10.
22373/sjhk.
History of the Development of Mahab.
Fiqh and Ul Al-Fiqh:
Reasoning Methodology in Islamic Law Ahmad Yani Anshori UIN Sunan Kalijaga Yogyakarta.
Indonesia Landy Trisna Abdurrahman UIN Sunan Kalijaga Yogyakarta.
Indonesia Email: 197311051996031002@uin-suka.
Abstract: This research explores the historical evolution and significance of Ul Al-Fiqh .
he principles of Islamic jurisprudenc.
and its continued relevance in contemporary Islamic scholarship.
Beginning in the second century A.
th century CE), jurists developed legal rulings from the Qur'an and Sunnah using methods such as analogy .
and juristic preference .
, ensuring flexibility and justice within Islamic law.
The formalization of Ul Al-Fiqh as a distinct science commenced with Imam al-Shafi'i in the early 9th century CE, whose systematic documentation in al-Risalah profoundly influenced subsequent Islamic legal theory.
The methodologies developed within Ul Al-Fiqh, including qiyAs and ijmAAo, remain vital for interpreting and applying Sharia principles today.
This research employs a historical approach, analyzing primary sources and scholarly works both theoretically and empirically, to trace the development and application of Ul Al-Fiqh across various Islamic legal schools.
The findings highlight the crucial role of Ul Al-Fiqh in maintaining the continuity and adaptability of Islamic law, emphasizing that its methodologies continue to offer valuable solutions to contemporary legal, ethical, and social Furthermore, this study reveals how the dynamic and evolving nature of Islamic legal reasoning ensures the continued relevance of Islamic law in addressing modern issues.
Future research should focus on finding solutions to emerging challenges in Islamic jurisprudence and developing innovative methodologies to address the ongoing evolution of Islamic legal thought.
Keywords: Historical Evolution.
Mahab.
Fiqh.
Uul Al-Fiqh Ul Al-Fiqh ic Submitted: July 31, 2024 ic Accepted: March 23, 2025 http://jurnal.
ar-raniry.
id/index.
php/samarah icPublished: March 23, 2025 History of the Development of Madhab.
Fiqh and Ushul Fiqh Ahmad Yani Anshori and Landy Trisna Abdurrahman DOI: 10.
22373/sjhk.
Abstrak: Penelitian ini mengeksplorasi evolusi historis dan signifikansi Ul AlFiqh serta relevansinya yang terus berlanjut dalam kajian Islam kontemporer.
Dimulai pada abad kedua hijriyyah .
bad ke-8 M), para ahli fiqh mengembangkan ketentuan hukum dari Al-Qur'an dan Sunnah dengan menggunakan metode seperti analogi .
dan preferensi yurisprudensial .
, yang menjamin fleksibilitas dan keadilan dalam hukum Islam.
Formalisasi Ul Al-Fiqh sebagai ilmu yang terpisah dimulai dengan Imam alShafiAoi pada awal abad ke-9 M, yang dokumentasi sistematisnya dalam al-Risalah memberikan pengaruh mendalam terhadap teori hukum Islam selanjutnya.
Metode-metode yang dikembangkan dalam Ul Al-Fiqh, termasuk qiyAs dan ijmAAo, tetap penting untuk menafsirkan dan menerapkan prinsip-prinsip syariat hingga saat ini.
Penelitian ini menggunakan pendekatan historis yang secara teoretis dan empiris menganalisis sumber-sumber primer dan karya-karya ilmiah untuk melacak perkembangan dan penerapan Ul Al-Fiqh di berbagai mazhab hukum Islam.
Hasil penelitian ini menyoroti peran penting Ul Al-Fiqh dalam menjaga kelangsungan dan fleksibilitas hukum Islam, dengan menekankan bahwa metodologi yang dikembangkannya tetap memberikan solusi yang relevan bagi tantangan hukum, etika, dan sosial masa kini.
Selain itu, penelitian ini juga mengungkapkan bagaimana penalaran hukum Islam yang dinamis dan terus berkembang memastikan bahwa hukum Islam tetap relevan dalam menghadapi isu-isu kontemporer.
Penelitian selanjutnya perlu fokus pada pencarian solusi atas tantangan-tantangan baru dalam fiqh Islam serta pengembangan metodologi inovatif untuk menyikapi perubahan-perubahan hukum Islam yang terus berkembang.
Kata Kunci: Sejarah Evolusi.
Mahab.
Fikih.
Ul Al-Fiqh Introduction Islamic law encompasses key terms such as al-QurAoan.
Sunnah.
Sharia, fiqh, and ijtihad.
Chronologically, al-QurAoan and Sunnah divinely contain Sharia.
When Sharia encountered persistent issues in the Muslim community, there was a growing emphasis on understanding Sharia to resolve these issues.
1 However, the conclusions drawn from this understanding were no longer flawless or Consequently.
Sharia transformed into human interpretations, known as Fiqh, and the effort to derive Fiqh is termed Ijtihad.
Discussions on Islamic law often highlight the importance of understanding the history of fiqh and its develompement from the beginning to the era of the modern nation-states.
Landy Trisna Abdurrahman.
AuConflict in Islamic Jurisprudence: Noel J.
CoulsonAos Historical Approach and His Contribution to the Study of Islamic Law,Ay JIL: Journal of Islamic Law 3, no.
74Ae93.
Ahmad Yani Anshori and Landy Trisna Abdurrahman.
AuConstitutional Contestation of the Islamic State Concept in the Indonesian Parliament 1956-1959,Ay De Jure: Jurnal Hukum dan SyarAoiah 16, no.
, p.
278Ae316.
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Fiqh and Ushul Fiqh Ahmad Yani Anshori and Landy Trisna Abdurrahman DOI: 10.
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Kemal A.
Faruki, a prominent Muslim scholar, divides the history of Islamic law into seven periods.
The first, the Revelation and Personal Implementation Period (B.
13 to A.
, corresponds to the Prophet MuhammadAos early revelations in Mecca, where he personally applied divine The Revelation and Social Implementation Period (A.
1 to A.
began with the Prophet's migration to Medina, transforming al-wahyu into a system that governed personal, social, political, and economic life.
After the ProphetAos death, the Emulation Period (A.
10 to A.
, also called the Khulafa al-Rashidin period, saw the ProphetAos companions interpreting Islamic law using the Qur'an and Sunnah, adapting it to new challenges.
The Living Tradition and RaAoy Period (A.
41 to A.
marked the development of systematic Islamic law, with MedinaAos fuqaha introducing principles like ijmAAo ahl al-Madinah and al-istislah, while Iraqi fuqaha promoted al-istiusAn.
The Ijtihad Period (A.
201 to A.
was characterized by the emergence of legal controversies and the growth of different legal schools, leading to intense scholarly debates.
The Taqlid Period (A.
401 to A.
saw the dominance of established legal precedents, limiting ijtihad.
The final period, the Qanun Law and Disintegration Period (A.
1201 to presen.
, witnessed the integration of Islamic law with state law and the decline of classical Islamic jurisprudence due to political and social changes.
The Mecca period, occurring thirteen years before the Prophet's Hijrah to Medina, marks the time when he began receiving divine revelations .
l-wahy.
and implemented them personally with his followers.
4 Following this, the period of revelation and social implementation spanned from the Hijrah to the Prophet's death in A.
During this time, the revelations evolved into comprehensive laws that governed personal, social, political, and economic life in Medina.
5 The Khulafa al-Rashidin period, also known as the emulation period, involved the ProphetAos companions (Sahaba.
interpreting and developing Islamic law to suit new circumstances faced by the Aoummah.
They relied on the al-QurAoan and the ProphetAos traditions (Sunna.
, striving to uphold the true spirit of Islam.
FarukiAos periodization, while insightful, overlooks significant developments that occurred after the emulation period.
One notable shift was that scholars began to delve deeper into interpretations that extended beyond the explicit meanings of texts .
This marked a broader trend of more nuanced and intricate legal Additionally, the approaches to the Sunnah underwent significant changes, largely due to the political differences and the rise of sectarian and philosophical factions, such as the ShiAoah and Khawarij.
The ShiAoah, for example.
Faruki.
Islamic Jurisprudence (Pakistan: Pakistan Publishing House, 1.
, p.
Faruki.
Islamic Jurisprudence.
Mark Gould.
AuKemal A.
FarukiAos Reconstruction of Islamic Law: A Modernist Position in Islamic Jurisprudence,Ay The Muslim World 98, no.
, p.
423Ae42.
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accepted only Hadith narrated by their own followers, while the Khawarij rejected any Hadith that was not directly supported by the Qur'an or narrated by a single individual (Khabar al-WAhi.
This division had a profound impact on the ways in which Hadith were understood and applied.
Furthermore, the principle of IjmAAo .
became less universally accepted, as divisions grew and the Sahabah were dispersed, making it increasingly difficult to achieve collective agreement on legal matters.
Another significant development was the growing popularity of the narration of Hadith .
iwayat al-hadit.
, a practice that had not been as widespread in earlier periods.
This shift to a greater emphasis on Hadith narration marked an important change in Islamic legal and theological scholarship, as it became central to the development of later Islamic jurisprudence.
Furthermore, the period of living traditions and al-raAoy was marked by the development of systematic Islamic law and its principles by the fuqaha.
On one hand, the fuqaha of Medina introduced ijmAAo ahl al-Madinah .
onsensus of the people of Medin.
and al-Istilau .
ublic interes.
as foundational principles of Islamic law.
On the other hand, the fuqaha of Iraq promoted al-IstiusAn .
uristic preferenc.
as a key principle for developing Islamic law.
The period of ijtihad commenced with the emergence of al-khilafiyyah .
among the various schools of law (Mahab al-huk.
This period was characterized by intense scholarly efforts to interpret and apply Islamic law to new and evolving circumstances, leading to the establishment and consolidation of different legal schools of thought.
Scholars have continuously debated and refined legal methods, challenging existing opinions and proposing alternative interpretations, reflecting a dynamic academic landscape.
6 The integration of Islamic economics, banking, and finance emphasizes the need to revisit historical perspectives on Ul al-Fiqh and Ijtihad to align with modern socio-economic realities.
7 This integration highlights the importance of dialogue between traditional texts and current contexts, underscoring the relevance of historical studies in shaping contemporary The significance of al-MaqAid al-SharAoah in Ijtihad stresses how the objectives of Islamic law can guide legal reasoning and interpretation.
8 The Tholkhatul Khoir.
AuPros and Cons of Separation between MaqAid and Ul Al-Fiqh (A Study of The Periodization of MaqAid History and Responses to Its Independenc.
,Ay International Journal IhyaAo AoUlum al-Din 25, no.
, p.
124Ae43.
Landy Trisna Abdurrahman et al.
AuSDGs and Islamic Studies: Fiqh Muamalat.
Sustainable Development, and Maqashid Asy-SyariAoah,Ay Az-ZarqaAo: Jurnal Hukum Bisnis Islam 14, no.
, p.
Jasmin Omercic.
AuThe Integration of Knowledge (IoK) Methodological Approach to Reforming the Development of Islamic Economics.
Banking, and Finance (IEBF) in Light of Maqasid (Objective.
and Sustainable Development Goals (SDG.
,Ay Global Review of Islamic Economics and Business 9, no.
, p.
Zaenuddin Mansyur.
AuPembaruan Maslauah Dalam MaqAid Al- SharAoah: Telaah Humanistis Tentang Al-KulliyyAt Al-Khamsah,Ay Ulumuna 16, no.
, p.
Ildus http://jurnal.
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growing interest in the pluralistic nature of Fiqh, as seen in scholars like Imam alSya'rani, reflects a shift toward a more inclusive approach to legal thinking, accommodating varying viewpoints within the Islamic tradition.
9 The critique of Ul Al-Fiqh literacy from 1890 to the present demonstrates the evolving nature of legal scholarship and the continuous need to enhance the understanding of foundational principles.
Amid these academic challenges.
Ul al-Fiqh and Ijtihad remain central to understanding Islamic legal theory.
The application of scientific-historical methods and interdisciplinary approaches in contemporary Islamic legal theory highlights the necessity of a comprehensive understanding of historical foundations By incorporating diverse academic disciplines and contemporary methodologies, scholars can enrich their interpretations and contribute to the advancement of legal thought.
11 Additionally, examining the evolution of terms within specific schools of thought, such as the Shafi'i school, provides valuable insights into the adaptation of legal principles over time.
Similarly, the study of al-Ashbah wan-Nazair as a source in the Hanafi school emphasizes the practical applications of Ul Al-Fiqh, highlighting the relevance of historical texts in informing legal reasoning.
13 The exploration of Ul Al-Fiqh and Ijtihad in Shi'ism highlights the diversity of legal methodologies within different Islamic traditions.
14 By exploring epistemological categories like certainty, speculation, and doubt, scholars can deepen their understanding and contribute to ongoing debates.
Furthermore.
Muuammad ShaururAos scientifichistorical method exemplifies the fusion of traditional and contemporary academic approaches, ensuring the adaptability of Islamic law in addressing Rafikov and Elmira Akhmetova.
AuMethodology of Integrated Knowledge in Islamic Economics and Finance: Collective IjtihAd,Ay ISRA International Journal of Islamic Finance 12, no.
115Ae29.
Ahmad Taufik Hidayat and Alfurqan Alfurqan.
AuPluralistic Fiqh Based on Perspective Of Imam Al-SyaAorani In The Book Of Al-Mizan Al-Kubra,Ay Jurnal Ilmiah Mizani: Wacana Hukum.
Ekonomi Dan Keagamaan 7, no.
, p.
Khoir.
AuPros and Cons of Separation between MaqAid and Ul Al-Fiqh (A Study of The Periodization of MaqAid History and Responses to Its Independenc.
Ay Nik Airin Aqmar Nik Azhar et al.
AuAnalysis of The Evolution of The Qawl Muktamad (Definitive Qaw.
Term and The Kitab Muktamad (Definite Boo.
in The Syafie School,Ay International Journal of Academic Research in Business and Social Sciences 13, no.
, p.
Anjar Nugroho.
AuRekonstruksi Pemikiran Fikih: Mengembangkan Fikih ProgresifRevolusioner,Ay Al-Manahij: Jurnal Kajian Hukum Islam 9, no.
, p.
1Ae20.
Muslim S.
Baymirov.
AuAl-Ashbah van-Nazair as a Source in the School of Hanafites,Ay International Journal of Culture and Modernity 4, no.
, p.
1Ae5.
Liyakat Takim.
AuUl Al-Fiqh and Ijtihad in ShiAoism,Ay in ShiAoism Revisited, by Liyakat Takim, 1st ed.
(Oxford University PressNew York, 2.
, p.
57Ae107.
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evolving challenges.
15 Recent developments in Usul Fiqh and Ijtihad have highlighted the need to reevaluate historical studies, incorporating interdisciplinary methodologies and diverse perspectives to advance legal thought and practice, ensuring the continued relevance and adaptability of Islamic law in contemporary challenges.
Understanding Ijtihad Ijtihad is the rigorous effort to derive legal rulings from Islamic texts through all valid interpretative means, as described by Al-Amidi, a scholar of Ul Al-Fiqh.
He defines ijtihad as the maximal mental effort a jurist exerts in mastering and applying the principles of Ul Al-Fiqh to discover GodAos law.
This process requires the jurist to apply all available reasoning methods until they can exert no more effort.
The continued validity and relevance of ijtihad in contemporary contexts is affirmed by the example set by Prophet Muhammad.
When sending Muadh ibn Jabal to Yemen as a judge, the Prophet emphasized the importance of ijtihad when explicit guidance from the Qur'an or Sunnah was absent.
Muadh was instructed to first refer to the Qur'an, then to the Sunnah, and if neither provided an answer, he was to use his reasoning to make a judgment.
The Prophet endorsed this approach, confirming the ongoing applicability of ijtihad in addressing legal matters not directly covered in the primary sources, highlighting its essential role in Islamic jurisprudence.
Ijtihad, the process of exerting effort to derive legal rulings from Islamic texts, was practiced by the Prophet Muhammad and his legally adept companions.
The Prophet's ijtihad was sometimes confirmed by the Qur'an and sometimes corrected, indicating that a better solution existed.
This practice continued among the Sahabah, who would discuss their decisions with the Prophet.
If he approved, their rulings became part of the Sunnah.
if not, his corrections were incorporated into the Sunnah.
This established a clear precedent for the legitimacy of ijtihad for future generations, guiding them to make judgments based on ijtihad when explicit legal rulings from the Qur'an or Sunnah were unavailable.
Among the Sahabah, notable figures who issued fatwas included Abu Bakr.
AoUmar ibn Khattab.
AoUthman ibn AoAffan.
AoAli ibn Abi Talib.
AoAbdurrahman ibn Muhyar Fanani and Tri Wahyu Hidayati.
AuThe Significance of Muuammad ShaururAos Scientific-Historical Method in Contemporary Islamic Legal Theory (Ul al-Fiq.
,Ay Ilahiyat Studies 13, no.
: 47Ae81.
AoAl ibn Ab AoAl Al-Amid.
Al-IukAm F Ul Al-AukAm, vol.
i (Cairo: Muhammad AoAl Syubayh, 1.
, p.
Tajuddin al-Subki.
JamAou al-JawamiAo, with the syarh of Jalal al-Din al-Mahalli, 2 vols.
(Bandung: Dahlan Ofset,1.
II, p.
See also Muhammad ibn Ali alSyaukani.
Irsyad al-Fuhul ila Tahqiq al-Haq min AoIlmi al-Usul (Cairo: Np.
, 1.
Sulayman Ab DAwd.
Sunan Ab DAwd, vol.
i (Beirut: DAr Al-Kutub Al-AoIlmiyyah, ), p.
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Fiqh and Ushul Fiqh Ahmad Yani Anshori and Landy Trisna Abdurrahman DOI: 10.
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AoAuf.
AoAbdullah ibn MasAoud.
Ubay ibn KaAoab.
Muadh ibn Jabal.
AoAmmar ibn Yasir.
Huzhaifah ibn Yaman.
Zaid ibn Tsabit.
Abu al-DardaAo.
Abu Musa alAshAoari, and Salman al-Farisi, among others.
Some issued more fatwas than others, with the most prolific being AoAisha.
AoUmar ibn Khattab.
AoAli ibn Abi Talib.
Ibn AoAbbas, and Zaid ibn Thabit.
When Abu Bakr became Khalifah, he followed a systematic methodology for ijtihad, as narrated by Maimun ibn Mahran.
He would first consult the Qur'an for guidance.
If no solution was found, he would refer to the ProphetAos Sunnah.
the Sunnah did not provide an answer, he would seek the advice of knowledgeable Muslims, asking if anyone remembered a relevant aspect of the ProphetAos Sunnah.
If someone provided information.
Abu Bakr would thank Allah for this guidance.
If no solution was found, he would consult the leaders and elite, and if they reached a consensus, he would pass judgment accordingly.
Abu BakrAos ijtihad extended to his method of appointing his successor, choosing AoUmar based on bayAoah, where leaders nominate a Khalifah, and the community endorses it.
This decision was widely accepted by the Sahabah.
When Khalid ibn Walid reported homosexual practices in the Arabian Peninsula.
Abu Bakr consulted the Sahabah.
AoAli recommended burning the offenders, citing AllahAos punishment of past nations, and Abu Bakr accepted this judgment, instructing Khalid accordingly.
AoUmar ibn Khattab, known for his deep understanding of Islamic law, applied broader principles to specific legal issues.
He emphasized the underlying purposes of Sharia, both explicit and implied, and believed scholars should uncover these purposes to address new issues.
His ijtihad focused on public interest .
l-malau.
For example.
AoUmar invalidated certain judgments when their reasons no longer applied.
He suggested executing prisoners from the Battle of Badr and proposed guidelines for the Hijab.
He also advised the Prophet not to proclaim that all who professed faith would enter paradise, to encourage continued striving in faith.
Additionally.
AoUmar recommended stopping extra shares for recent converts and opposed distributing conquered land among the AoUthmanAos approach to ijtihad was guided by adherence to the al-QurAoan.
Sunnah, and the precedents set by Abu Bakr and AoUmar, the first two Khalifahs before him.
He issued relatively few fatwas, as many matters had already been addressed by his predecessors, whose opinions he often adopted.
However, in some instances, he had to exercise ijtihad, as Abu Bakr and AoUmar had done before him.
Before becoming Khalifah.
AoUmar consulted AoUsman on legal Waliyullah al-Dihlawi.
Hujjat Allah al-Balighah, 1st ed.
, vol.
1 (Beirut: Dar Al-Jayl, 2.
, p.
Ibn al-Qayyim Al-Jawziyyah.
IAolAmul MuwaqiAon Aoan Rabbil AoAlamn (Beirut: DAr AlFikr, n.
), vol.
i, p.
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AoUsman advised.
AuYour opinion may be right, but following Abu BakrAos opinion would be better, as he was highly skilled in judgment.
Ay20 In Western scholarship, ijtihad originally denotes Auexerting oneselfAy and is a key term in Islamic law.
Initially, it refers to personal reasoning and later specifically to reasoning by analogy .
l-qiyA.
Various ancient schools of law, such as those of Madina.
Iraq, and Syria, freely employed individual reasoning .
l-raAoy.
The narrower technical meaning of ijtihad, as preserved in the Mahab of Madina, is Authe technical estimation and discretion of the expert.
Ay ShafiAoi rejected discretionary reasoning in religious law, emphasizing the use of al-qiyAs to derive conclusions systematically from the al-QurAoan and Sunnah.
This innovation significantly influenced Islamic legal theory.
Some scholars mistakenly interpret ijtihad as complete independence in However, within Islamic law, independence must be grounded in the alQurAoan and Sunnah or fall within their prescribed limits for discretion.
Thus, ijtihad ensures Islamic law remains dynamic and adaptable to changing circumstances, guided by Sharia.
The development of ijtihad was influenced by political and social After the era of the Khulafa al-Rashidin, the Umayyad dynasty .
imposed a legal system promoting uniformity in public law.
Jurists (Fuqah.
organized regionally, with centers in Medina.
Basra.
Kufa.
Syria, and Egypt.
Dissatisfied with central government performance, devout scholars formed loose associations, marking the early schools of Islamic jurisprudence.
During the Umayyad era, fuqaha began using ijtihad to counter political policies, reflecting regional intellectual diversity.
For instance, the Medinasse (Ahl Madin.
, led by Malik ibn Anas, adhered to Medina's norms as Islamic, while the Iraqians, led by Abu Hanifah, preferred their local norms, initiating independent ijtihad .
l-ijtihad bi al-raAo.
In the Abbasid period, two models of ijtihad emerged.
One supported the liberal use of human reasoning to develop law .
hl al-raAo.
, leading to the Hanafi and ShafiAoi schools.
The other upheld the exclusive authority of Sunnah .
hl al-Hadit.
, represented by the Maliki and Hanbali schools.
In ancient Islamic law.
Abu Hanifah NuAoman ibn Tsabit .
, based in Kufa.
Iraq, was a leading figure of ahl al-raAoyi.
His analogical reasoning .
relied on the al-QurAoan, and he accepted al-Hadith only when satisfied with Taha Jabir al-Alwani.
Source Methodology in Islamic Jurisprudence (USA:
Herndon,1.
, p.
Joseph Schacht.
AuIjtihad,Ay in The Encyclopedia of Islam New Edition, vol.
i (Leiden:
EJ Brill, n.
), p.
Joseph Schacht.
An Introduction to Islamic Law (Oxford [Oxfordshir.
New York: Clarendon Press, 1.
, p.
Abu-Aol-AlA al-Maudd.
Islamic Law and Constitution, trans.
Khurshid Ahmad, 1.
(Lahore: Islamic Publications Ltd.
, 1.
, p.
Faruki.
Islamic Jurisprudence, p.
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authenticity, occasionally deviating based on al-istiusAn .
uristic preferenc.
Malik ibn Anas .
led ahl al-Hadith, founding the Maliki school on Prophet traditions, al-Hadith, al-Aourf .
, and al-istilau .
ublic interes.
In response to the divergent approaches of Abu Hanifah and Malik, efforts were made to reconcile these methods through internal legal processes .
stinbAt al-ahkA.
Muhammad ibn Idris al-ShafiAoi .
successfully undertook this While emphasizing adherence to the Sunnah, he also recognized al-ijmAAo .
and al-qiyAs .
as sources of law, though he was cautious about methods such as al-istiusAn.
ShafiAoi restricted ijtihad to scholarly experts using analogy, discouraging unrestricted personal opinion unless supported by precedent .
l-dal.
ShafiAoi aimed to harmonize Quranic texts .
with human reason .
l-Aoaq.
, seeking uniformity in Islamic jurisprudence.
Ironically, opponents of ahl al-raAoyi like Ahmad ibn Hanbal .
and Dawud ibn Ali .
rejected human reason entirely as a source of law, insisting on strict adherence to divine revelation in the al-QurAoan and Sunnah.
Consequently.
ShafiAoi is sometimes referred to as a neo-ahl al-raAoyi, while Ahmad ibn Hanbal and Dawud ibn Khallaf are seen as neo-ahl al-hadith.
By the early 10th century CE .
CE), a distinct discipline emerged known as the science of traditions, in which many jurists focused on collecting, documenting, and classifying traditions.
This marked a shift from personal opinion-based reasoning in the early period to ijtihad within the framework of the established schools of law (Ijtihad fi al-Madhahib al-AoArbaAoa.
Absolute ijtihad was confined to disciplined reasoning within the accepted legal principles of a particular school.
By the 4th century AH .
th century CE).
Muslim jurists generally agreed that the innovative capacity of Islamic law had been exhausted.
This led to the doctrine known as Authe closing of the door of ijtihad,Ay replaced by the duty of taqlid .
Thus, the era of ijtihad was deemed over, and the era of taqlid A mujtahid was recognized as someone capable of ijtihad, while a muqallid was someone bound to follow taqlid.
According to al-Ghazali, a jurist aspiring to practice ijtihad must first be familiar with the 500 verses relevant to Islamic law, although memorization of these verses is not a strict requirement.
Second, the jurist should possess knowledge of the methodologies and have access to reliable Hadith collections, such as those by Abu Dawud or Baihaqi, but again, memorization of their contents is not obligatory.
Third, an understanding of branches .
of Islamic law and points established by consensus (IjmAA.
is essential, ensuring that the juristAos reasoning aligns with established legal principles.
If the jurist cannot meet this requirement, they must ensure that their opinions align with those of recognized Schacht.
An Introduction to Islamic Law, p.
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Fourth, proficiency in deriving legal evidence from texts using recognized methods is crucial.
Fifth, while mastery of the Arabic language is not mandatory, a competent understanding of its principles is necessary.
Sixth, a jurist must also comprehend the principles of abrogation .
Asikh-mansk.
in Islamic doctrine, ensuring that the verses or Hadiths under consideration have not been repealed, though detailed expertise is not required.
Finally, the jurist must be able to authenticate Hadiths by accepting those recognized as reliable by the Muslim community, without needing to possess deep knowledge of al-taAodl wa al-tajrh (Hadith criticis.
Al-Ghazali emphasizes that these qualifications are essential for jurists intending to engage in ijtihad across all domains of substantive law.
26 In contrast.
Abul AoAAola Maududi outlines the prerequisites for a Mujtahid in contemporary First, a Mujtahid must have faith in the sharia, be convinced of its truth, and intend to follow it sincerely without acting independently.
Second, a proper knowledge of Arabic, including grammar and literature, is necessary since both the Qur'an and Sunnah are revealed in Arabic.
Third, the Mujtahid must have indepth knowledge of the Qur'an and Sunnah, understanding their principles and the broader objectives of sharia in society.
Fourth.
Maududi emphasizes the need to be acquainted with the contributions of earlier jurists to ensure continuity in legal evolution.
Fifth, a Mujtahid must understand contemporary issues and the evolving conditions in which sharia principles are applied.
Lastly.
Maududi stresses the importance of commendable character, as lack of moral integrity will diminish public trust in the law.
Maududi argues that the qualifications outlined above are not intended to impose a formal certification requirement for those undertaking ijtihad.
Instead, they highlight the necessity for a robust system of legal education that cultivates individuals of high caliber and expertise.
Maududi contends that the proper development of Islamic law through ijtihad can only occur when scholars possess the requisite knowledge and qualifications.
According to Maududi, legislation undertaken without these qualifications would not align with the legal framework of Islam, nor would it gain acceptance within Muslim society.
He emphasizes that adherence to these standards is crucial for ensuring that ijtihad contributes effectively to the evolution and application of Sharia law in a manner that is both authentic and relevant.
This perspective underscores Maududi's belief in the importance of rigorous training and scholarly Wael Ibn Hallaq.
AuWas the Gate of Ijtihad Closed?,Ay International Journal of Middle East Studies 16, no.
, p.
3Ae41.
Ab Amid Al-GhazAl.
Al-MustafA min AoIlmi Al-Ul (Cairo: MabaAoah Al-Amiriyyah, 1.
, p.
Ab Amid Al-GhazAl.
Al-MustafA min AoIlmi Al-Ul (Cairo: MabaAoah AlAmiriyyah, 1.
Abu-Aol-AlA al-Maudd.
Islamic Law and Constitution, trans.
Khurshid Ahmad (Lahore: Islamic Publications Ltd.
, 1.
, p.
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preparation as prerequisites for engaging in ijtihad, thereby ensuring the integrity and acceptance of legal interpretations within Islamic jurisprudence.
A History of Mahab (School of La.
George Makdisi provides a nuanced distinction between what constitutes a school and a college of law within Islamic jurisprudence.
The term AuschoolAy (Mahab al-fiq.
refers to groups of jurists .
uqahAA.
who coalesced around shared geographical or intellectual backgrounds.
Initially, these were known as geographical schools, named after the regions where prominent jurists like Abu Hanifah in Kufa.
Malik in Medina, and al-AuzaAoi in Syria taught their legal These schools were characterized by the teachings and methodologies of their founding jurists and reflected regional influences.
29 Over time, these geographical Mahabs evolved into what Makdisi terms as personal Mahabs.
This transformation occurred around the middle of the third Islamic century .
th century CE), shifting the focus from geographical location to the personal teachings and methods of individual jurists.
For instance, the followers of Abu Hanifah continued to adhere to his legal interpretations and methodologies regardless of their physical location, thereby becoming part of the Hanafi Mahab.
Makdisi highlights the development of Mahabs as a key aspect of Islamic legal history.
The term AuMahabAy has been difficult to translate, initially seen as Ausect,Ay then as AuriteAy or Auschool.
Ay However, applying AusectAy to Sunni Mahabs is misleading, as it implies heretical divergence, which does not apply to the Sunni Mahabs, all considered orthodox in Islam.
Similarly.
AuriteAy is not an adequate term, as it pertains to Christian divisions based on liturgy, which contrasts with the fluid transitions between Mahabs in Islamic jurisprudence.
Hence.
AuschoolAy is a more suitable translation, reflecting the evolving nature of early Islamic legal According to Makdisi, these schools were not rigid institutions like those in Western legal systems.
they lacked strict organizational structures, doctrinal conformity, formalized teaching methods, or a codified body of law.
This view, supported by scholars like Joseph Schacht, emphasizes that early Islamic schools of law were dynamic entities shaped by the teachings and interpretations of jurists rather than by standardized practices, contributing to the diversity and complexity of Islamic jurisprudence over centuries.
Abu-Aol-AlA al-Maudd.
Islamic Law and Constitution, p.
George Makdisi.
The Rise of Colleges: Institutions of Learning in Islam and the West (Edinburgh: Edinburgh University Press, 1.
, p.
George Makdisi.
The Rise of Colleges: Institutions of Learning in Islam and the West.
Joseph Schacht.
An Introduction to Islamic Law (Oxford [Oxfordshir.
New York:
Clarendon Press, 1.
, p.
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A Auschool of lawAy in Islamic jurisprudence denotes a body of legal doctrines followed by its members.
However, this idea doesn't fully capture the dynamic nature of ijtihad, practiced by fuqahA .
, who independently derive legal opinions after thorough reflection on Islamic sources, primarily the Qur'an and Sunnah.
Ijtihad is a personal endeavor that allows jurists to interpret Islamic law in light of contemporary circumstances, resulting in fatwas, or legal opinions.
Unlike decisions made by committees or schools, fatwas are the products of individual scholarly effort.
Islamic tradition strongly encourages jurists to engage in ijtihad, rewarding them for sincere effort, even if their opinions are incorrect, and doubly rewarding them if correct.
This practice emphasizes the importance of independent reasoning in Islamic legal interpretation.
Due to the personal nature of ijtihad, disagreements .
often arise among jurists, leading to disputes .
where scholars defend their opinions against others, whether within their own Mahab or across different Mahabs.
These debates are not confined to one specific Mahab but span all Sunni schools of law, beginning in the early Islamic period before Mahabs were formally established and continuing as geographical schools evolved into personal Mahabs.
The central element of this process is not the institutional structure of schools but the individual jurists .
who engage in ijtihad.
Each faqih defends their intellectual framework and opinions, continuously refining them through scholarly debates, reflecting the fluid nature of Islamic legal George Makdisi notes that ShafiAoiAos statement exemplifies how jurists in major Muslim cities often rallied around a leading faqih whose opinions carried significant weight in legal discourse.
Such jurists achieved prominence not through institutional hierarchy but through their ability to defend their legal interpretations, thus shaping the trajectory of legal thought in their regions.
Schacht cites a key statement from ShafiAoi, who observed that in every Muslim city, there existed a community of jurists who adhered to the opinions of a leading scholar from their region.
This emphasizes the influential role of respected faqihs in shaping legal interpretations and underscores the concept of riAoAsah .
, where jurists earn leadership through intellectual prowess and successful defenses of their positions in debates.
The concept of riAoasah played a crucial role in the proliferation of personal schools of law.
By the 9th century, approximately 500 schools had emerged and eventually consolidated into the four well-known Sunni Mahabs: Hanafi.
Maliki.
ShafiAoi, and Hanbali.
Each of these schools traces its roots to influential jurists such as Abu Hanifah.
Malik.
ShafiAoi, and Ahmad ibn Hanbal.
This concept of riAoasah was essential in the development of personal schools of law.
As Islamic George Makdisi.
AuThe Significance of the Sunni Schools of Law in Islamic Religious History,Ay International Journal of Middle East Studies 10, no.
1 (February 1.
, p.
1Ae8.
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legal thought evolved, jurists began to form geographical schools of law, which gradually shifted towards personal schools based on the influence of prominent Figures like Abu Hanifah .
Malik .
ShafiAoi .
, and Ahmad ibn Hanbal .
, as well as figures like Al-AwzaAoi .
and Sufyan al-Thawri .
, were central to this By the 9th century, these personal Mahabs took shape, marking the shift from geographical schools to individual schools based on the teachings of influential jurists.
Islamic schools of law are often classified based on their theological orientation into two broad categories: traditionist .
hl al-Hadit.
and rationalist .
hl al-raAoy.
The traditionist camp emphasizes adherence to Hadith, while the rationalist camp, exemplified by Abu Hanifah, relies on independent legal reasoning .
l-raAoy.
Scholars like Malik.
ShafiAoi.
Ahmad ibn Hanbal, and Dawud al-Zahiri are associated with the traditionist camp, while Abu Hanifah is noted for his rationalist approach, known for his reliance on qiyAs .
and independent reasoning.
This classification underscores the diversity within Islamic legal thought, as jurists from different theological orientations contributed to the rich history of Islamic jurisprudence.
Mujtahids and their Works Before Fourth Century A.
Mujtahids in The Hanafi Mahab The Hanafi Mahab, first of the four major Sunni schools of Islamic jurisprudence, has produced several mujtahids, whose works significantly shaped its development.
The first and most important and prominent among them was Abu Hanifa NuAoman ibn Tsabit .
/699-150/.
, born in Kufah and later passing away in Baghdad.
His works include Al-Fiqh al-Akbar .
n two versions, written by Abu Hanifah and Hamma.
Musnad Abi Hanifah.
Al-Wasiyyah .
oth by Abu Hanifah and Abu Yusu.
Kitab al-AoAlim wa al-MutaAoallim, and Al-Qasidah alKafiyah al-NuAomaniyyah, among others.
Abu al-Huzail Zufar al-Anbari .
/728158/.
, a disciple of Abu Hanifah, and Abu Yusuf YaAoqub ibn Ibrahim ibn Habib al-Kufi .
/731-182/.
, another disciple, are significant figures in this Abu Yusuf authored works like Kitab al-Kharraj.
Ikhtilaf Abi Hanifah wa Ibn Abi Laila, and Adabu al-Qadi.
Another key scholar in the Hanafi Mahab.
Muhammad al-Syaibani .
/749-189/.
, was a student of both Abu Hanifah and Abu Yusuf.
His contributions include Kitab al-Asli fi al-FuruAo.
Al-Mabsut.
Al-JamiAo al-Kabir fi al-FuruAo, and Fatawa Abi Hanifah wa Muhammad al-Syaibani.
Hisyam ibn George Makdisi.
AuThe Significance of the Sunni Schools of Law in Islamic Religious History,Ay International Journal of Middle East Studies 10, p.
Syahrastan.
Al-Milal Wa An-Niual, vol.
2 (Cairo: Al-Adabiyya Press, 1.
, p.
AoAl JumAoah.
A-arq ilA At-TurA Al-Islam, 4th ed.
(Nahsat Mir, 2.
, p.
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AoUbaidillah al-Razi .
, a disciple of both Abu Yusuf and Syaibani, is known for his work Kitab al-Nawadir fi al-FuruAo.
Other notable figures from this period include Abu al-Harits al-LuAoluAoi .
/734-204/.
Abu Sulaiman Musa ibn Sulaiman al-Guzgani, and Abu YaAola al-MuAoalla .
, all disciples of Abu Yusuf and Syaibani.
In the following generations.
Isa ibn Abban .
Yahya ibn Bukair al-Hanafi .
, and Abu ShamaAo .
/747-233/.
, who authored Al-Iktisab fi al-Rizqi al-Mustatsab, continued to expand Hanafi legal Hilal ibn Yahya ibn Muslim al-Basri .
and Muhammad ibn Muqatil al-Razi .
, disciples of Abu Yusuf and Syaibani, further contributed to this tradition.
Ibn al-Talji .
and Abu Bakar Ahmad ibn AoAmr al-Syaibani al-Hasysyaf .
also made notable contributions, with works like Kitab Ahkam al-Auqaf and Kitab al-RidaAo.
The works of later Hanafi scholars, such as Abul Abbas al-Himmani .
Abul Balji al-Qalanisi .
, and Abu JaAofar al-Tahawi .
/853-321/.
, who authored MaAoani al-AoAtsar and Ikhtilafu al-Fuqaha, continue to define the Hanafi legal tradition.
Abu al-Fadl al-Karabisyi alSamarqandi .
Abu al-Fadl Hakim al-Syahid al-Marwazi .
/855334/.
, and Abu Ubaidillah al-Karkhi .
/873-340/.
, whose works include Al-Usul and Al-Muhtasar, further codified Hanafi thought in the centuries that The scholarly contributions of Abu Bakr al-Jassas al-Razi .
/917370/.
, who authored Ahkam al-QurAoan and Ul Al-Fiqh, were pivotal in shaping the theoretical foundations of Hanafi jurisprudence.
Other key scholars such as Abu Laits al-Samarqandi .
, with his extensive works on fiqh and Tafsir al-QurAoan, and Abu al-Qasim al-Ghazi al-Baihaqi .
402/1.
author of Kitab al-Syamil, continued this legacy.
By the time of Abu al-Husain Ahmad ibn JaAofar al-Qudduri .
/972428/1.
, whose works like Al-Mukhtasar and Al-Tajrid became central texts in the Mahab, the Hanafi school had firmly established itself as one of the most influential legal traditions in Islam.
Abu Zaid ibn Isa al-Dabusi .
430/1.
and Abd Rahman ibn Musa al-Sarahsi .
493/1.
, with works such as Taqwimu alAdillah fi Ul Al-Fiqh and Takmilat al-Tajrid, ensured that the Hanafi Mahab remained a central pillar of Islamic jurisprudence well into the later centuries.
AoAl JumAoah.
A-arq ilA At-TurA Al-Islam, p.
Moh.
Fauzi and Nazar Nurdin.
AuInconsistencies in the anaf SchoolAos View of ChildrenAos Legal Competence,Ay Samarah: Jurnal Hukum Keluarga Dan Hukum Islam 7, no.
(July 5, 2.
, p.
AoAl JumAoah.
Al-Madkhal ilA DirAsati Al-MaAhib Al-Fiqhiyyah (Cairo: DArussalAm, 2.
, p.
AoAl JumAoah.
A-arq ilA At-TurA Al-Islam, p.
AoAl JumAoah.
A-arq ilA At-TurA Al-Islam, p.
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Mujtahids in The Maliki Mahab The Maliki Mahab, the second of the four main Sunni schools of Islamic jurisprudence, owes much of its development to key scholars whose works helped shape its legal tradition.
Abu Malik ibn Anas ibn Malik ibn Amir al-Asybahi, known as Malik ibn Anas .
, is the founder of the Maliki Mahab.
His seminal work.
Al-MuwattaAo, is regarded as one of the earliest and most influential texts in Islamic jurisprudence.
Following him, several notable scholars helped expand the Maliki legal thought.
Ibn Ziyad al-Tunisi .
, a disciple of Malik, and Ibn al-Qasim ibn Halid al-Utaqi .
/749-191/.
, also a prominent student, contributed significantly to the school.
Ibn Wahab ibn Muslim al-Qurasyi al-Misri .
/743-197/.
from Egypt and Abu AoAmr Ashab ibn Dawud al-Qaisi .
/762-204/.
were also critical figures in the early period of Maliki Abu Muhammad ibn Abd al-Hakam al-Laitsi al-Misri .
/772-214/.
is another key figure, with notable works such as Al-Muhtasar al-Kabir fi al-Fiqh Imam Malik and Siratu Umar ibn Abdul AoAziz.
Abu Zaid Ibn al-Qasim al-Utaqi .
wrote Kitab al-Majalis fi al-Fiqh, further developing Maliki thought.
Abu Marwan Abd Malik al-Qurtubi .
/790-238/.
, with works like Kitab alWadiha fi al-Sunnah wa al-Fiqh, contributed to the understanding of MalikAos Abd al-Salam al-Tanuki, known as Sahnun .
/776-240/.
, wrote the pivotal Al-Mudawwanah al-Kubra, which became a central text in Maliki legal practice.
As the tradition continued, scholars like Abu MusAoab al-Qasim ibn al-Harits al-Zuhri .
/767-242/.
and Muhammad ibn Ahmad al-AoUtbi .
further enriched the Mahab with texts such as Al-Muhtasar fi fiqhi Imam Malik.
Muhammad ibn Sahnun al-Tanuki .
/817-256/.
, another important scholar, authored Al-Nawazil and Al-Risalah al-Sahnuniyah, which were integral to the development of Maliki jurisprudence in North Africa.
43 Other scholars, like Abu Zakariya Yahya ibn Zakariya al-Talji .
, who wrote Tafsir alMuwattaAo, and Ibn Ibrahim ibn Basyir .
/817-260/.
, who authored AlMajmuAoah and Syarh MasaAoil min al-Mudawwanah, expanded the schoolAos Ibn Abdul Hakam .
/799-268/.
, with works focusing on the virtues of Umar ibn Abdul AoAziz, also contributed significantly.
AoAl JumAoah.
Al-Madkhal ilA DirAsati Al-MaAhib Al-Fiqhiyyah (Cairo: DArussalAm, 2.
, p.
Jonathan Brockopp.
AuThe Minor Compendium of Ibn AoAbd al-Hakam .
and Its Reception in the Early MAlik School,Ay Islamic Law and Society 12, no.
, p.
149Ae81.
'Ali JumAoah.
Al-Madkhal ilA DirAsati Al-MaAhib Al-Fiqhiyyah.
Abdurrohman Kasdi.
AuMenyelami Fiqih Madzhab Maliki (Karakteristik Pemikiran Imam Maliki Dalam Memadukan Hadits dan Fiqi.
,Ay YUDISIA : Jurnal Pemikiran Hukum Dan Hukum Islam 8, no.
: p.
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Ibn Ziyad al-Iskandari al-Maliki .
/796-269/.
Muhammad ibn Waddah ibn Bazi al-Qurtubi .
/815-286/.
, and Abu Zakariya Yahya ibn Amir al-Kinani .
/828-289/.
continued to refine Maliki thought with their respective contributions, including Kitab al-Ahkam al-Suq and critiques of ShafiAoi Later, scholars like Abu Ishaq Ismail ibn Hammad al-Jahdami alAzdi .
/815-282/.
, author of Fadl al-Salat Aoala al-Nabi, and Al-Haitsam ibn Sulaiman, who wrote Adab al-Qadi wa al-QadaAo, solidified the tradition of judicial ethics in Maliki law.
In the later period, scholars like Abu Bakr Muhammad ibn Jahm ibn Warraq al-Marwazi .
Abu Tahir Muhammad al-Duhli al-Basri .
/893367/.
, and Abu al-Qasim Ubaidullah al-Ghallab al-Basri .
further contributed to the expansion and refinement of Maliki jurisprudence.
The works of Abu Muhammad ibn Abi Zaid al-Qairawan .
/922-386/.
, with texts such as Al-Risalah, and Ibn Ahmad ibn al-Qassar al-Baghdadi .
398/1.
, who authored AoUyun al-Adillah baina al-Fuqaha al-Amsar, solidified the foundations of Maliki thought for centuries to come.
Scholars like Abu JaAofar Ahmad ibn Nasr al-Dawudi .
402/1.
and Abul Harits Muhammad ibn Hallaf al-MaAoafiri al-Qairawani al-Qabisi .
/936352/.
continued to contribute to the Maliki school with texts like Kitab alAmwal and Al-Mulahhas lima fi al-MuwattaAo min al-Ahadits al-Musnad.
In the later years, scholars such as Abul Muttarif ibn Marwan al-Ansari al-QanaziAoi .
/952-413/1.
and Ibn al-Haddad .
/948-416/1.
made their mark with works like Tafsir al-MuwattaAo li al-Malik and Al-TaAorif bi man Dhukira fi MuwattaAo Malik.
Abu SaAoid Hallaf al-Azdi al-Qairawani al-BaradiAoi .
430/1.
rounded out this era with his writings, including Tahdhib fi al-Ihtisar alMudawwanah.
Through these scholars and their works, the Maliki Mahab continues to be a foundational school in Islamic legal tradition.
Mujtahids in The ShafiAoi Mahab The ShafiAoi Mahab is another prominent Sunni school of Islamic jurisprudence, developed by the renowned scholar Muhammad ibn Idris ibn alAbbas al-ShafiAoi .
/767-204/.
A disciple of both Malik and Abu Hanifah, al-ShafiAoi authored several foundational works, including Kitab al-Umm.
AlRisalah.
Musnad.
Ikhtilaf al-Hadits.
Al-Aqidah.
Ahkam al-QurAoan, and Al-Fiqh al-Akbar, among others.
His contributions laid the groundwork for the ShafiAoi school of thought, focusing on principles of jurisprudence and the use of evidence 'Ali JumAoah.
Al-Madkhal ilA DirAsati Al-MaAhib Al-Fiqhiyyah.
Hiroyuki Yanagihashi.
AuThe Judicial Functions of the SulAn in Civil Cases According to the MAliks up to the Sixth/Twelfth Century,Ay Islamic Law and Society 3, no.
, p.
41Ae74.
Joseph Lowry and Jonathan E.
Brockopp.
AuEarly Maliki Law: Ibn Abd al-Hakam and His Major Compendium of Jurisprudence,Ay Journal of the American Oriental Society 122, no.
(January 2.
, p.
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from the QurAoan and Sunnah.
Among his key disciples were Abu YaAoqub Yusuf al-Qurasyi al-Buwaiti .
, known for his work Al-Muhtasar, and Abu Tsaur Ibrahim ibn Halid al-Yamani al-Kalbi .
, who was also instrumental in developing the ShafiAoi legal tradition.
Another important figure in this tradition was Ibn Muhammad al-Sabbah alZaAofarani .
, a scholar from Baghdad, and Abu Ibrahim IsmaAoil ibn Yahya ibn IsmaAoil al-Muzani .
/792-264/.
, who wrote works such as AlMuhtasar and Al-MasaAoil al-MuAotabarah.
Muhammad ibn Nasr al-Marwazi .
/817-294/.
, who was born in Baghdad and died in Samarqand, contributed significantly with works like Musnad and Kitab al-WaraAo.
Ibn Zainab Ibnti al-ShafiAoi .
authored Al-AoAqidah al-Manzumah, further elaborating on ShafiAoi doctrines.
Abul Abbas al-Baz al-Ashab .
249/863306/.
, from Baghdad, wrote JuzAou fi-hi Ajwibah Abi al-Abbas fi Usul al-Din, and Abu al-Zubair al-Asadi al-Zubairi .
produced Kitab al-Wasfu alIman wa HaqaAoiqihi, an important text on faith and the differences among jurists.
Abu Bakr al-Munzir al-Naisaburi .
authored several key works, including Kitab al-Sunan wa al-IjmAAo and Rihlah al-Imam al-ShafiAoi ila alMadinah al-Munawwarah.
Other significant scholars included Abul Abbas Ahmad ibn Ahmad alTabari al-Bagdadi .
, who wrote Al-Talhis fi al-Fiqh, and Abu Bakr Muhammad ibn JaAofar al-Kinani ibn al-Haddad .
/878-344/.
, known for Kitab al-FuruAo fi al-Mahab.
Abu Hamid ibn Amir al-Marwazi .
is known for Risalah al-Tsaqifah wa SyaAonu al-Khilafah, and Abu Bakr Muhammad al-Shashi al-Qaffal .
/904-365/.
, a disciple of Muhammad ibn Jarir alTabari, authored JawamiAo al-Kalim fi al-Hadits.
Al-Qadi ibn al-Daqqaq .
/918392/1.
wrote Kitab al-Usul Aoala Mazahib al-ShafiAoi.
In later centuries, scholars such as Al-Harits ibn Harb al-Suhaili .
400/1.
Muhammad ibn Amar ibn Syakir al-Qattan .
407/1.
, and Ibn alMahamili .
368/978-415/1.
continued to contribute to the development of the Mahab.
Abu Bakr al-Qaffal al-Sagir .
/938-417/1.
and Abu al-Qasim ibn Mansur al-Tabari al-LalakaAoi .
418/1.
were also critical in expanding the ShafiAoi legal tradition.
Abu al-Faraj al-Darimi al-Bagdadi .
/969-448/1.
and Abu al-Tayyib Tahir al-Tabari .
/959-450/1.
continued to expand and systematize the principles of ShafiAoi jurisprudence with works like Syarh alMuhtasar li al-Muzani and Raudat al-Muntaha fi Maulidi Imam al-ShafiAoi.
These scholars and their writings helped cement the ShafiAoi Mahab as a cornerstone of Islamic legal thought.
'Ali JumAoah.
Al-Madkhal ilA DirAsati Al-MaAhib Al-Fiqhiyyah, p.
'Ali JumAoah.
A-arq ilA At-TurA Al-Islam, p.
Ahmed El Shamsy.
AuThe First ShAfi: The Traditionalist Legal Thought of Ab Ya Qb al-Buwayt .
,Ay Islamic Law and Society 14, no.
, p.
301Ae41.
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Mujtahids in The Hanbali Mahab The Hanbali Mahab, founded by Ahmad ibn Hanbal .
/780-241/.
, born and dying in Baghdad.
Ahmad ibn Hanbal made significant contributions to Islamic law, with works including Al-Musnad.
Kitab al-Sunan.
Kitab al-Zuhud.
Kitab al-Salat, and Kitab al-WaraAo wa al-Iman.
His works also include Al-MasAoil.
FadaAoil al-Sahabah.
Kitab al-Tarajjul.
Jawab al-Imam Ahmad ibn Hanbal Aoan suAoalin fi Halq al-QurAoan, and Al-AoAqidah, which became integral to the Hanbali legal framework.
His influence shaped many scholars who followed him, such as Abu Muhammad ibn Malik al-AoAttar .
and Abu YaAoqub Ishak ibn Mansur ibn Bahram al-Marwazi .
Abu Bakr Ahmad ibn Muhammad al-TaAoi al-Bagdadi al-Atram .
authored Kitab Nasih al-Hadits wa Mansuhihi and MasaAoil Ahmad ibn Hanbal.
Abu Fadl Salih .
/818-265/.
, known for his works Siratu Imam Ahmad ibn Hanbal and Mihnatu Ahmad ibn Hanbal, further preserved AhmadAos teachings.
Abu Ishaq ibn Hanbal al-Syaibani .
/809-273/.
AhmadAos son, contributed Kitab al-Fitan and Mihnat Ibn Hanbal.
Gulam Khalil al-Basri .
and Ibn Abu Ishaq ibn Hanbal al-Syaibani .
/828-.
continued expanding the Mahab, with works such as Kitab al-Sunnah and Musnad al-Ansar.
Prominent figures such as Abu Bakr ibn Harun al-Hallal .
wrote Al-JamiAo li AoUlum, and Abul Hallaf al-Barhahari .
/847-329/.
, born in Baghdad, contributed significantly to Hanbali thought.
Ibn IsraAoil al-Baghdadi alNajjad .
/867-348/.
wrote Al-Raddu Aoala man Yaqulu an-na al-QurAoana Mahluq and other works on Hadith.
Abdul AoAziz Ghulam al-Hallal .
/989363/.
and Abu Ubaidillah Ibn Hamdan ibn Batta al-Ukhbari .
/916387/.
continued to refine the Mahab with notable writings such as Al-Syarhu wa al-Ibanah an Usuli al-Sunnah wa al-Diyanah.
The tradition was further enriched by Ibn Hamid ibn AoAbdillah ibn Marwan al-Baghdadi .
403/1.
and Abd al-Wahid ibn Abd al-AoAziz b Harits alTamimi .
410/1.
, who focused on Tahzib al-Ajwibah and Kitab al-IAotiqad al-Marwi Aoan al-Imam Ahmad ibn Hanbal.
Lastly.
Abu Abdillah Muhammad ibn Ahmad ibn Isa al-Hasyimi .
/957-428/1.
contributed with Muqaddimah fi al-IAotiqadi al-Imam Ahmad ibn Hanbal.
These scholars solidified the Hanbali MahabAos place in Islamic jurisprudence, preserving and expanding the teachings of Ahmad ibn Hanbal.
'Ali JumAoah Al-Madkhal ilA DirAsati Al-MaAhib Al-Fiqhiyyah, p.
'Ali JumAoah, 170.
UsAma Arab.
David Stephan Powers, and Susan Ann Spectorsky, .
Islamic Legal Thought: A Compendium of Muslim Jurists.
Studies in Islamic Law and Society, v.
36 (Leiden: Brill, 2.
, p.
'Ali JumAoah.
Al-Madkhal ilA DirAsati Al-MaAhib Al-Fiqhiyyah, p.
http://jurnal.
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id/index.
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Fiqh and Ushul Fiqh Ahmad Yani Anshori and Landy Trisna Abdurrahman DOI: 10.
22373/sjhk.
A History of Ushul al-Fiqh By the second century A.
th century CE).
Islamic jurists began to focus primarily on deriving legal rulings explicitly from the texts of the QurAoan and the Sunnah.
These two sources provided the foundational principles and specific directives that governed various aspects of Islamic jurisprudence.
Jurists developed rigorous methods of legal reasoning, including qiyAs .
, to extend rulings from explicit texts to new cases not directly addressed.
This ensured that Islamic law remained consistent and applicable across diverse and evolving legal scenarios.
In addition to qiyAs, jurists also utilized istiusAn, a method that allowed for discretionary judgment in cases where a strict application of the law might lead to unjust outcomes.
This flexibility was essential in maintaining a legal framework that could adapt to changing circumstances while still adhering to the core principles of Sharia.
However, the application of Islamic law extended beyond individual rulings based on textual evidence and legal reasoning.
Governance and state affairs were also deeply tied to Islamic legal principles.
The ruler, according to Islamic law, was expected to be a mujtahid a qualified jurist capable of independent legal reasoning and deriving rulings directly from the Islamic sources.
This qualification ensured that governance remained grounded in Islamic jurisprudence, with decisions made by the ruler reflecting both religious and administrative responsibilities.
52 This integration of religious duties with governance structures was a unique feature of Islamic law, emphasizing that the interpretation and application of the law were not limited to individual cases but were also central to the broader political and social order.
Prior to discussing ijtihad in Ul Al-Fiqh, we will differentiate between the term AofiqhAo and Aoushul al-fiqhAo as defined by jurists.
Fiqh is the understanding of legal rulings .
l-ahkam al-shar'iyya.
concerning human conduct, derived meticulously from their specific sources of evidence.
Ul Al-Fiqh are the principles through which a mujtahid derives legal rulings from specific sources of Ul Al-Fiqh, or the principles of Islamic jurisprudence, encompasses the foundational framework through which legal rulings .
l-ahkam al-shar'iyya.
are derived with certainty or reasoned assumption.
54 These principles delineate the methods by which legal rules are extracted from the primary sources of Islamic lawAithe Qur'an and Sunnah, which together constitute the Sharia.
Ul Yayan Sopyan and Syamsuddin.
AuSulK al-QAs: MuqAranah Bayna Mafhm almAward F KitAb adab al-QAs wa QawAAoid Sulk al-Qasa F IndnsiyA,Ay AHKAM 21, no.
, p.
445Ae70.
Imran Ahsan Khan Nyazee.
Theories of Islamic Law: The Methodology of IjtihAd.
Malaysian ed (Selangor: Other Press, 2.
, p.
Muuammad Ibn-Umar Far-ad-Dn ar-RAz.
Al- Maul f ilm al-ul, ed.
Muuammad Abd-al-QAdir AA (Bairt: ManrAt Muuammad Al Baisn.
DAr al-Kutub alIlmy.
, p.
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Fiqh and Ushul Fiqh Ahmad Yani Anshori and Landy Trisna Abdurrahman DOI: 10.
22373/sjhk.
Al-Fiqh is often described as the science that governs the sources and methodologies of Islamic law.
While its primary focus is on the methods of interpretation and deduction, it extends beyond mere methodology to encompass the comprehensive study of legal sources.
The Qur'an and Sunnah, as the primary sources of Islamic law, provide foundational guidance rather than explicit methodologies.
Ul Al-Fiqh, therefore, develops methodologies such as analogy .
, juristic preference .
, presumption of continuity .
, and principles of interpretation to facilitate a deeper understanding and application of Sharia principles through ijtihad as independent juristic reasoning.
These methodologies serve as tools to navigate and interpret the sources effectively.
According to George Makdisi, the formalization of Ul Al-Fiqh as a distinct science within Islamic jurisprudence began around the early 9th century CE, prior to the death of Abdul al-Rahim Ibn al-Mahdi in 198 AH .
CE).
55 Ibn al-Mahdi's request to Imam al-Shafi'i to compose a work on legal principles of the Qur'an, authentic hadith, and the significance of scholarly consensus marks a pivotal moment in the development of Ul Al-Fiqh.
Al-Shafi'i's al-Risalah (Epistl.
on this subject was later transmitted to Abdul Rahman al-Harist ibn Suraij al-Naqqal, who conveyed it to Ibn al-Mahdi.
Notably, al-Mahdi expressed a wish for the al-Risalah to be more concise for easier comprehension, underscoring the evolving scholarly discourse and systematic approach to Islamic legal theory during that era.
Traditionally, particularly within the Shafi'i.
Hanbali, and Maliki schools of law, it is widely believed that Imam Shafi'i is credited as the founder of the science of Ul Al-Fiqh.
57 However, other jurists are also noted either for founding or writing extensively on this discipline.
For instance.
Ibn Lahi'a .
Abu Yusuf .
, and Muhammad al-Shaybani .
, disciples of Abu Hanifa and key figures in the Hanafi school of law, are mentioned in historical Al-Khatib al-Baghdadi .
463/1.
specifically cites Abu Yusuf as the first to compile books on Ul Al-Fiqh within the framework of the Hanafi Mahab .
wwalu man wadla'a al-kutub fi Ul Al-Fiqh ala Mahabi Abi Hanifa.
58 Additionally.
Ibn al-Nadim .
documents that Muhammad George Makdisi.
AuThe Juridical Theology of ShafiAoi: Origins and Significance of Ul Al-Fiqh,Ay Studia Islamica, no.
, p.
Makdisi.
Abd-al-WahhAb Ibn-Al TA-ad-Dn as-Subk and Abd-al-FattAu Muuammad al-ulw, abaqAt a-Afiya al-kubrA.
4/5: Tauqq Abd-al-FattAu Muuammad alulw .
a: Har liAo-ibAa waAon-Nar waAot-Tauz waAol-IlAn, 1.
, p.
Wael IBN Hallaq.
AuWas Al-Shafii the Master Architect of Islamic Jurisprudence?,Ay International Journal of Middle East Studies 25, no.
04 (November 1.
, p.
587Ae605.
al-Khab al-BaghdAd.
TArkh Al-BaghdAd, vol.
14 (Cairo: Al-Maktabah As-SaAoAdah, 1.
, p.
Joseph Schacht.
The Origins of Muhammadan Jurisprudence (Oxford:
Clarendon Press, 1.
, p.
He said .
AuThe statemen of Khatib al-Bagdadi .
ust abov.
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ar-raniry.
id/index.
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Fiqh and Ushul Fiqh Ahmad Yani Anshori and Landy Trisna Abdurrahman DOI: 10.
22373/sjhk.
al-Shaybani, also a disciple of Abu Hanifa and Abu Yusuf, authored a book on Ul Al-Fiqh known as AuKitab Ul Al-Fiqh.
Ay59 The information provided underscores that the formal discipline of Ul AlFiqh, representing legal theory in Islamic law, was not crystallized before the time of Imam al-Shafi'i.
It is widely acknowledged that al-Shafi'i was the first jurist to systematically document the general principles of Ul Al-Fiqh in his renowned work, al-Risalah.
In addition to this seminal work, al-Shafi'i authored numerous other treatises where he expounded his juristic positions in meticulous detail, surpassing the founders of earlier legal schools in the depth and clarity of his methodological approach.
Despite this, it is important to note that preceding jurists, whether associated with established schools or independent, did possess clear methodologies for interpreting legal texts and sources.
The significance attributed to al-Shafi'i's al-Risalah lies in how later Hanafi and Maliki jurists adopted a similar format to express the positions of their respective Mahabs, thereby giving Ul Al-Fiqh a more standardized Consequently, the perspectives of these jurists are often viewed as deviations from or variations of al-Shafi'i's original views, leading to the study of Ul Al-Fiqh as a uniform theoretical framework.
This approach in modern scholarship tends to present issues within Ul Al-Fiqh by contrasting the opinion of one school against the majority view .
, which aids in understanding specific issues but can obscure the broader diversity of opinions within the Another factor influencing the convergence of views in Ul Al-Fiqh texts is the historical criticism leveled at earlier Hanafi jurists for allegedly relying on personal opinion .
l-raAoy.
and juristic preference .
in their interpretations a method al-Shafi'i vehemently opposed and deemed illegitimate.
In response, later Hanafi jurists felt compelled to structure their interpretive principles in a manner consistent with al-Shafi'i's approach, thus minimizing the development of distinct theoretical frameworks attributed to independent jurists.
In Sunni legal theory, there is a unanimous acceptance across all schools of four primary sources of Islamic law: the QurAoan.
Sunnah.
IjmAAo, and al-QiyAs.
These sources are distinctly recognized from the legal theories of Shia Islam and the rejection of analogy .
l-qiyA.
by the Zahiri school, which precludes labeling this acceptance as a universally AocommonAo or AoclassicalAo theory in Western literature on Islamic law.
While other sources exist, their acceptance varies among different schools or their binding strength is differently assessed.
Abu Yusuf was the first to compose books on the theory of law on the basis of the doctrine of Abu Hanifah is not confirmed by the old sources and must therefore be regarded with suspicionAy.
Makdisi.
AuThe Juridical Theology of ShafiAoiAy, p.
Muuammad ibn IsuAq Ibn alNadm and Ayman FuAd Sayyid.
KitAb Al-Fihrist (London: Muassasat al-FurqAn lil-TurAth alIslAm, 2.
, p.
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Fiqh and Ushul Fiqh Ahmad Yani Anshori and Landy Trisna Abdurrahman DOI: 10.
22373/sjhk.
The assertion regarding the four sources was first articulated in a limited sense by Imam al-Shafi'i in his al-Risalah.
Indeed, several principles that are sometimes viewed independently can be accommodated within a broader framework of al-qiyAs, the fourth source of Islamic law.
The QurAoan, considered by Muslims as the direct revelation (Kalam Alla.
to Prophet Muhammad, and the Sunnah are the primary divine sources.
The third source.
IjmAAo, refers to the consensus of the Prophet's companions .
, the entire Muslim community, or the jurists of each era on legal rulings, and it is universally accepted by all Sunni schools.
However, al-Shafi'i himself viewed IjmAAo skeptically, believing that achieving consensus among all jurists was challenging.
The fourth source, al-qiyAs, involves analogical reasoning, previously mentioned, and was elaborated upon by al-Shafi'i in his al-Risalah.
He detailed procedural methods for interpreting the meanings of revealed texts and extending them to address actions and situations not explicitly covered by revelation.
AlShafi'i categorized knowledge derived from these procedures under al-Bayan .
and al-qiyAs .
, while also addressing areas of disagreement .
and consensus (IjmAA.
With the establishment of a body of agreed-upon knowledge among jurists .
, al-Shafi'i consolidated the sources of Islamic law into the comprehensive framework of the QurAoan.
Sunnah.
IjmAAo, and alQiyAs, emphasizing that legal judgments must be rooted in these scientific sources .
ihad al-Aoil.
The scientific source can be either Khabar in al-QurAoan, or Sunnah, or IjmAAo, or al-QiyAs.
Conclusion The development of Islamic jurisprudence emerged from the need to derive legal rulings from the Qur'an and Sunnah, using methods like analogy .
and juristic preference .
to address cases not explicitly mentioned in the texts.
A qualified jurist, or mujtahid, played a vital role in governance by integrating religious and administrative duties.
The distinction between Fiqh, which refers to the understanding and application of legal rulings, and Ul AlFiqh, which provides the principles and methodologies for deriving these rulings, is essential.
Ul Al-Fiqh formalized as a discipline in the early 9th century CE, largely through Imam al-ShafiAoiAos work, al-Risalah, creating a standardized format for Islamic legal theory across different Mahabs.
While the evolution of Ul Al-Fiqh led to a systematic framework under al-ShafiAoi, this process was not linear, shaped by centuries of intellectual contributions.
Islamic legal methodologies, particularly ijtihad .
ndependent legal reasonin.
, have played a significant role in shaping the Islamic legal system.
In modern times, the principles of Ul Al-Fiqh continue to guide responses to emerging ethical and legal issues.
This framework remains crucial in multicultural societies, offering Makdisi.
AuThe Juridical Theology of ShafiAoiAy.
'Ali JumAoah.
TArkh Ul Al-Fiqh, p.
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ar-raniry.
id/index.
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Fiqh and Ushul Fiqh Ahmad Yani Anshori and Landy Trisna Abdurrahman DOI: 10.
22373/sjhk.
valuable insights into integrating religious and secular governance.
Although this research offers an in-depth overview, it acknowledges limitations such as the focus on key jurists, a lack of empirical research in modern contexts, and a reliance on classical sources, which future studies should address.
References