Presented by

Mufti Abdul Waheed

Senior Lecturer and Researcher in Fiqh and Usool ul-Fiqhat JKN Institute

fatawa@jkn.org.ukDate: 16/11/14

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Agenda

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10:15am Welcoming and introduction to the course

10:20am Session 1: Part 1 & Part 2

11:45am Break (10 mins)

11:55pm Session 2: Continuation of Part 2 & 3

12:45pm Q&A session and closing remarks

1:15pm Zuhr Salah

Course Content

1. PART 1 - Imām Shāfi'ee

2. PART 2 – Legal Methodology

3. PART 3 – Distinctions between the School of Imām Shāfi'ee and Abu Haneefah

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Previous Sessions DiscussedThe Meaning of Shari’ah

The Formative Period of Usool ul-Fiqh in the first three generation.

The Emergence of the four Schools and dissemination throughout the World

The Legal Methodology of the Hanafi School

The Legal Methodology of the Māliki School

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Part 1Imām Shāfi'ee (150AH/767 CE – 204 AH/820

CE)

His Name, Early Education, Teachers, Testimony by scholars & Death

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1. His Name & FamilyMuhammad Ibn Idrees Ibn Abbās Ibn Uthmān Ibn

Shāfi Ibn Ubayd Ibn Ubu Yazid Ibn Abdul MuttalibIbn Hashim Ibn Abd Manāf Al-Qureishi.

His appellation was Abu Abdullah

Born In Gaza but others assert his place of birth was in Asqalān.

Father passed away in Syria

Mother brought him to Makkah at the Age of two.

Lived a poverty life during his stay in Makkah.

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2. Quest for Knowledge

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• His initial stay in Makkah .

• Studying under Imām Mālik

• Deportation to Baghdad

Phase 1152 AH/ 769 CE – 184 AH/801

CE

• Studying under Imām Muhammad

• Return to Makkah to commence teaching

• Second visit to Baghdad until settlement in Egypt

Phase 2184 AH/ 801 CE – 199 AH/816

CE

• His Final settlement in Egypt.

• His Demise

Phase 3199 AH/816 CE – 204 AH/820

CE

2.a) Phase 1 –

152 AH/ 769 CE – 184 AH/801 CE Memorised Qur’ān at the age of 7 and memorised the

entire Muwatta at the age of 10.

Was pronounced as the Mufti of Makkah at the age of 15.

Travelled to Madeenah at the age of 20 to study the Muwatta under the Imām Mālik himself and remained in his company until his death (179 AH/796 CE)

Became the governor of Yemen around the age of 30

Arrested and deported to Baghdad (age 34) along with ten other members and presented before the Caliph Haroon ar-Rasheed

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2.b) Phase 2 –

184 AH/801 CE – 199 AH/816 CE Was released under Imām Muhammad’s intercession.

Studied by him for two years.

Acquired the knowledge of the Hanafi Fiqh and the people of Irāq.

- Engaged in debates and discussion with scholars.

- Was a staunch defender of the Māliki School

- Opposed the concept of legal rationality on hypothetical issues and emphasised the importance of tradition.

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Returned to Makkah around the age of 36 (186 AH) and began lecturing in Masjid Haram for nine years.

His lectures included;

- Synthesising the School of Mālik and Abu Haneefah.

- Critical analysis of positions with evidences

- Early development of his own legal theory

- Initiated the compilation of Ar-Risālah

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His second visit to Baghdad in 195 AH and remained there for four years.

Critically examined the differences between the jurists.

Initially was recognised an adherent of the Mālikischool.

Engaged in discussions and debates.

Systemised a set of legal principles of inferring and interpreting Shar’ee laws.

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2.c) Phase 3 –

199 AH/816 CE – 204 AH/820 CE His relocation to Egypt influenced his ideas and

legal thoughts;

- Became exposed to new custom and new debates.

- Revised his Ar-Risālah by making additions, erasing, re defining terms.

- Abandoned the Māliki School and codified his on legal system for the subsequent jurists.

He died at the age of 54 in the month of Rajab in Fuslāt (near Cairo).

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3. Testimony of Scholars regarding Imām Shāfi’eeImām Ahmad Ibn Hanbal said,

“It is related in a Hadeeth in that every century Allah will rise amongst the Ummah a man who will revive and straighten the Deen. Umar Ibn Abdul Aziz (became the reviver) in the first century and I hope Shāfi’ee is (the reviver) in the second.”

Muhammad Ibn Abdul Hakam (a renowned student of Imām Shafi’ee) once commented about his teacher,

“Had it not been for Shāfi’ee then I would not have known how to respond to others. It is through him I know what I know. He imparted to me (the svienceof) analogy, may Allah have Mercy on him. He knew the Sunnah and tradition very well. He was excellent in character and articulate (in debates) with sound judgments.”

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4. TeachersImām Rāzi states that 19 teachers; 5 from Makkah, 6 from

Madeenah, 4 from Irāq and 4 from Yemen. Some of his teachers included

1. Imām Malik Ibn Anas

2. Imām Muhammad Ibn Hasan as-Shaybāni.

3. Sufyan Ibn Uyayna

4. Wakee Ibn Jarrah

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5.Outstanding StudentsRabi Ibn Sulayman al Muradi

Abu Yaqoob al-Buwaiti

Abu Ibrahim Ibn yahya al-Muzani

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Part 2

The Fiqh of Imam Shāfi'eeHis Legal Methodology, sources of principles, Works and

Development

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1. Three developmental stages of Legal Theory

1 • His duration of teaching in Makkah

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• His second visit to Baghdad and compilation of works. His opinions during this phase were known as QawlQadeem (previous/old statements)

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• His final settlement in Egypt where he reviewed his works and changed his view on his principles, juristic position and developed new ideas. His opinions duingthis phase is known as Qawl Jadeed (revised/new statements).

2. The Era of Imām Shāfi’eeFormation of principles and early development of two

schools namely, the Hanafi and Māliki schools.

Spread and profound influence of the deviant sects upon the Ummah.

Rationalization of the tenants of Deen

The Islamic empire spread across Spain (in the West) to the boarders of China (in the East)

Intense scholarly debates about juristic matters.

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3. Systematic Approach to the SourcesEvidence of Judgment;

1. Qur’an and Sunnah

2. Consensus

3. Companions – in the case of differences then to select the most closest to the primary sources.

4. Analogical deduction

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4. Legal MethodologyFormulate principles directly from the

Shar’ee sources without discussion of hypothetical issues.- The rules of abrogation inferred from abrogated and abrogating verses.

- The rules of ām (general) and Khās (particular) from Khās and āmverses

Legal principles remain set and not subject to change.

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5. Sources of PrinciplesThe Qur’ān

Classifications of the Qur’anic expressions

1. A general expression with a general implication, “Allah is the Creator of Everything and He is the Guardian over everything (39:62).”

2. A general expression but a particular is intended, “Those whom people say that people have ammassedagainst you so fear them…”(3.173)

3. A particular expression but general is intended, “O Prophet! When you divorce your wives then divorce them….” (65:1)

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The Sunnah

The Prophet’s words, actions and tacit approvals.

The Sunnah expounds and clarifies ambiguous terms

Explains particular and generals of Quranicterms

Sunnah is the same rank as the Quran

It qualifies certain injunctions of the Quran

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Ijma & QiyasIjma (Consensus)

- The Unanimous Agreement of the the Jusrists upon the fundamental of the Deen irrespective of the time

Qiyās (Anological deduction)

- Invalidation of Istihsān (legal preference)

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6. Imām Shāfi'ee’s Renowned Works(1) Ar-Risalah (the Epistle)

The Old Version – written in Makkah (another narration in Baghdad)

The New Version – Revised in Egypt

- New principles

- More emphasis on the Sunnah

- Opposes the school of Madeenah

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Format of Ar-RisalahDetailed discussion of the various forms of

expression in the Qur’an

Proves the authority of the Sunnah, differs objections and legal principles of the authentication of Sunnah.

Ijma, Qiyās, Ijtihad and Ikhtilaf

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(2) Al-UmmFirst composed in Iraq titled –Al Hujjah

Revised in Egypt and titled Al-Umm

Format;

- Discusses Juristic issues

- Analysis of the various opinions with evidences of the different Jurists.

- He wrote and dictated it to the students who then further refines and transmitted to their students

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7. Spread of the His legal SchoolThose regions in which the School of Shāfi'ee

disseminated;

1. Egypt

2. Some parts of Spain

3. Syria

4. Al-Quds and other surrounding regions.

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Part 3

Some Distinctions Between the Hanafi and Shāfi'ee School

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Distinction between both Schools

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Hanafi School Shāfi'eei School

Abu Haneefah did not compose any writing s on his legal theory nor Jurisprudence

Composed his own legal theory and Juristic work

Represented the Fiqh of Iraq Attempted to combine the School of Abu Haneefah and Malik butformulated his own legal reasoning

Do not allow a solitary Hadeeth to qualify or restrict a Quranic injunction

Sunnah (as a whole) is the similar statusof the Qur’an which can qualify or restrict a Quranic command

Practice of the local community (jursist) upon a report outweighs a solitary report

A rigorous authentic report can outweigh the practice a local community even if it is a report.

Recommended ReadingHasan, F. Fa Usool Fiqh Ki Tareekh, (Urdu),

Pakistan, Dārul-Ishāt.

Abu Zahra, The Four Imāms, London, DarulTaqwa.

Haddad G.F The Four Imāms, Muslim Academy Trust, London

Doi, A. R Shariah

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Scholarly GiantsLet us take you on a journey to the Truth

Imām Ahmad Ibn Hanbal and his Legal School

Date:7/12/14www.jkn.org.uk.co.uk

Not to be missed!

By

Mufti Abdul Waheed

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Life and his works

His knowledge on Fiqh and Hadeeth

His legal theory and methodological framework.

Contributors to the development of his school

His students

Testimony of scholars about Imām Ahmad

Distinction between the Hanafi and HambaliSchool

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Forthcoming Titles in the Series

Critical Discussion on Taqleed

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جزاك هللا خريا

Q & A

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